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-   -   395.8E false log (https://www.classadrivers.com/forum/rules-regulations-dac-oh-my/46291-395-8e-false-log.html)

simple_life 09-09-2017 01:41 AM

395.8E false log
 
Hello everyone. I'm a truck driver from California and recently got a Driver/Vehicle Inspection Report in Iowa, which cited violations of 395.8E false log (this one is OOS), 395.8F1 record not current, and 391.11B2. But no citation ticket (notice to appear in court). This is the 1st time I'm seeing this and it scared the crap out of me. So my questions are:

1. Who's going to get fined, Carrier or Driver? and how much would that cost?
2. Am I going to face criminal charge later? what about the carrier?
3. What negative impact will it have on my California CDL?

Any advice are very much appreciated. Thank you guys in advance!

GAnthony 09-09-2017 02:39 AM


Originally Posted by simple_life (Post 539808)
Hello everyone. I'm a truck driver from California and recently got a Driver/Vehicle Inspection Report in Iowa, which cited violations of 395.8E false log (this one is OOS), 395.8F1 record not current, and 391.11B2. But no citation ticket (notice to appear in court). This is the 1st time I'm seeing this and it scared the crap out of me. So my questions are:

1. Who's going to get fined, Carrier or Driver? and how much would that cost?
2. Am I going to face criminal charge later? what about the carrier?
3. What negative impact will it have on my California CDL?

Any advice are very much appreciated. Thank you guys in advance!

ok, you were NOT given a ticket, but you WERE GIVEN an inspection, which now you have PSP points against you for 3 years. the carrier will have them for 2 years.

if i am correct, here is what you will have for your first year:

ok, sorry, the CSA website is down, for how long, i do not know.

but "let's say", that the first year, you have 30 points against you.

then the second year you will have say about 20 points

then the third year you will have 10 points. by the fourth year, you will not have any more points.

now comes to question, if you get fired or you quit, will another employer hire you with that high a PSP score..???

i cannot say.

best in the future you do everything correctly?

as far as fines, your employer may receive an audit, if other drivers have gotten bad inspections. which could mean closing down in some severe instances.

there will be NO criminal charges against you

the negative impact on your CA, CDL is what i said above, regarding your points assessed to you over this. but for that, i am not certain any state in of itself would come after you, it's more like a situation where you may get fired because of this and getting a new job may be hard(er), than if you had NO PSP points against you.

simple_life 09-09-2017 03:50 PM


Originally Posted by GAnthony (Post 539809)
ok, you were NOT given a ticket, but you WERE GIVEN an inspection, which now you have PSP points against you for 3 years. the carrier will have them for 2 years.

if i am correct, here is what you will have for your first year:

ok, sorry, the CSA website is down, for how long, i do not know.

but "let's say", that the first year, you have 30 points against you.

then the second year you will have say about 20 points

then the third year you will have 10 points. by the fourth year, you will not have any more points.

now comes to question, if you get fired or you quit, will another employer hire you with that high a PSP score..???

i cannot say.

best in the future you do everything correctly?

as far as fines, your employer may receive an audit, if other drivers have gotten bad inspections. which could mean closing down in some severe instances.

there will be NO criminal charges against you

the negative impact on your CA, CDL is what i said above, regarding your points assessed to you over this. but for that, i am not certain any state in of itself would come after you, it's more like a situation where you may get fired because of this and getting a new job may be hard(er), than if you had NO PSP points against you.

Thank you for your reply. I've already talked about this with my employer and he has been very understanding and supportive since we are good friends and I've been working for him for 10+ years.
Right now I just hope he won't get any fine due to my mistake, cuz I've heard a false log violation like 395.8E can cost the carrier around $8000.

GAnthony 09-10-2017 11:22 PM

ok, for the first year, you now have 21 PSP points against you, and in year number 2, it'll be 14, in year number 3, it'll be 7.. year 4, it'll be back to zero

your employer now has the same, but for only 2 years.

YOUR PSP points are MORE IMPORTANT to you and a your job.


395.8(e) False report of drivers record of
duty status
False Log 7 (points) x's 3 years = 21......

simple_life 09-12-2017 05:06 AM


Originally Posted by GAnthony (Post 539811)
ok, for the first year, you now have 21 PSP points against you, and in year number 2, it'll be 14, in year number 3, it'll be 7.. year 4, it'll be back to zero

your employer now has the same, but for only 2 years.

YOUR PSP points are MORE IMPORTANT to you and a your job.


395.8(e) False report of drivers record of
duty status
False Log 7 (points) x's 3 years = 21......

I see. Now the next 3 yrs is going to be tough.
I can imagine the DOT is going to pull me over every time I'm going thru a weigh station.
Carrier probably will get random audit from the CHP as well. Damn

Mr. Ford95 09-13-2017 02:47 PM


Originally Posted by simple_life (Post 539824)
I see. Now the next 3 yrs is going to be tough.
I can imagine the DOT is going to pull me over every time I'm going thru a weigh station.
Carrier probably will get random audit from the CHP as well. Damn

Not necessarily. DOT won't know it's you coming into a scale. They may red light you more often if the company score is up. Do they have more than 1 truck? How have the other drivers been? If they have had issues with gathering points, then yeah, DOT will be pulling you in more as a whole company.

Basically, dot your i's and cross the t's better!


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