Driving Log Violations

DRIVER LOG VIOLATIONS

Truck drivers can only drive a certain number of hours before they are legally required to take a break. The reason this law exists is to try to prevent crashes with tractor-trailer trucks due to driver fatigue. If you were injured in a crash with a semi truck, call truck accident injury lawyer Jason Waechter a 1-800-708-5433 to talk about your case. Even if the truck accident did not happen in Arizona, trucking accident Attorney Jason Waechter has researched and vetted the best semi-truck accident injury lawyers in the country; no matter the city or state where your crash happened, personal injury lawyer Jason Waechter can help connect you with one of the top specializing attorneys in your area.

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Commercial truck drivers (drivers who carry either shipments or people for money) are required by law to keep a log of their activities whenever they are on duty. There is a lot of pressure on drivers to deliver their goods (or passengers) by a particular time that some will try to complete their runs without sleeping. That is why special laws exist to limit and define the hours that a driver can be on the road: commercial vehicles are so large and heavy, and can cause such devastating damage, these types of regulations are necessary.

To learn more about Hours-of-Service regulations, click here.

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According to the law, truckers are required to log their activities as follows:

(1) Every driver who operates a commercial motor vehicle shall record his/her duty status, in duplicate, for each 24-hour period. The duty status time shall be recorded on a specified grid, as shown in paragraph (g) of this section. The grid and the requirements of paragraph (d) of this section may be combined with any company forms.

(2) Every driver who operates a commercial motor vehicle shall record his/her duty status by using an automatic on-board recording device that meets the requirements of § 395.15 of this part. The requirements of this section shall not apply, except paragraphs (e) and (k)(1) and (2) of this section.

(b) The duty status shall be recorded as follows:

(1) “Off duty” or “OFF.”

(2) “Sleeper berth” or “SB” (only if a sleeper berth used).

(3) “Driving” or “D.”

(4) “On-duty not driving” or “ON.”

(c) For each change of duty status (e.g., the place of reporting for work, starting to drive, on-duty not driving and where released from work), the name of the city, town, or village, with State abbreviation, shall be recorded.

Note:

If a change of duty status occurs at a location other than a city, town, or village, show one of the following: (1) The highway number and nearest milepost followed by the name of the nearest city, town, or village and State abbreviation, (2) the highway number and the name of the service plaza followed by the name of the nearest city, town, or village and State abbreviation, or (3) the highway numbers of the nearest two intersecting roadways followed by the name of the nearest city, town, or village and State abbreviation.
Source: http://www.fmcsa.dot.gov/regulations/title49/section/395.8

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The motor carrier (the employer) has to keep tabs on drivers' logs to ensure their drivers are obeying the laws of the road. In fact, the motor carrier is legally responsible if the truck driver is found to have kept or submitted a false log. Drivers are also required to use an electronic recording device, which could be used in a truck accident injury case to show discrepancies between what a driver said he was doing and what was really happening. If you contact us about your truck accident injury, we will investigate every possible avenue to try to prove that your injuries were caused by a negligent driver.

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The Federal Motor Carrier Safety Administration (FMCSA) has specific rules about how drivers should set up and fill out their log books. The following describes how a

driver is to set up a driving log:

The driver's activities shall be recorded in accordance with the following provisions:

(1) Entries to be current. Drivers shall keep their records of duty status current to the time shown for the last change of duty status.

(2) Entries made by driver only. All entries relating to driver's duty status must be legible and in the driver's own handwriting.

(3) Date. The month, day and year for the beginning of each 24-hour period shall be shown on the form containing the driver's duty status record.

(4) Total miles driving today. Total mileage driven during the 24-hour period shall be recorded on the form containing the driver's duty status record.

(5) Commercial motor vehicle identification. The driver shall show the number assigned by the motor carrier, or the license number and licensing State of each commercial motor vehicle operated during each 24-hour period on his/her record of duty status. The driver of an articulated (combination) commercial motor vehicle shall show the number assigned by the motor carrier, or the license number and licensing State of each motor vehicle used in each commercial motor vehicle combination operated during that 24-hour period on his/her record of duty status.

(6) Name of motor carrier. The name(s) of the motor carrier(s) for which work is performed shall be shown on the form containing the driver's record of duty status. When work is performed for more than one motor carrier during the same 24-hour period, the beginning and finishing time, showing a.m. or p.m., worked for each motor carrier shall be shown after each motor carrier's name. Drivers of leased commercial motor vehicles shall show the name of the motor carrier performing the transportation.

(7) Signature/certification. The driver shall certify to the correctness of all entries by signing the form containing the driver's duty status record with his/her legal name or name of record. The driver's signature certifies that all entries required by this section made by the driver are true and correct.

(8) Time base to be used. (i) The driver's duty status record shall be prepared, maintained, and submitted using the time standard in effect at the driver's home terminal, for a 24-hour period beginning with the time specified by the motor carrier for that driver's home terminal.

(ii) The term “7 or 8 consecutive days” means the 7 or 8 consecutive 24-hour periods as designated by the carrier for the driver's home terminal.

(iii) The 24-hour period starting time must be identified on the driver's duty status record. One-hour increments must appear on the graph, be identified, and preprinted. The words “Midnight” and “Noon” must appear above or beside the appropriate one-hour increment.

(9) Main office address. The motor carrier's main office address shall be shown on the form containing the driver's duty status record.

(10) Recording days off duty. Two or more consecutive 24-hour periods off duty may be recorded on one duty status record.

(11) Total hours. The total hours in each duty status: off duty other than in a sleeper berth; off duty in a sleeper berth; driving, and on duty not driving, shall be entered to the right of the grid, the total of such entries shall equal 24 hours.

(12) Shipping document number(s) or name of shipper and commodity shall be shown on the driver's record of duty status.

(g) Graph grid. The following graph grid must be incorporated into a motor carrier recordkeeping system which must also contain the information required in paragraph (d) of this section.

(h) Graph grid preparation. The graph grid may be used horizontally or vertically and shall be completed as follows:

(1) Off duty. Except for time spent resting in a sleeper berth, a continuous line shall be drawn between the appropriate time markers to record the period(s) of time when the driver is not on duty, is not required to be in readiness to work, or is not under any responsibility for performing work.

(2) Sleeper berth. A continuous line shall be drawn between the appropriate time markers to record the period(s) of time off duty resting in a sleeper berth, as defined in § 395.2. (If a non-sleeper berth operation, sleeper berth need not be shown on the grid.)

(3) Driving. A continuous line shall be drawn between the appropriate time markers to record the period(s) of driving time, as defined in § 395.2.

(4) On duty not driving. A continuous line shall be drawn between the appropriate time markers to record the period(s) of time on duty not driving specified in § 395.2.

(5) Location—remarks. The name of the city, town, or village, with State abbreviation where each change of duty status occurs shall be recorded.

Note:

Source: http://www.fmcsa.dot.gov/regulations/title49/section/395.8

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Call now to talk to trucking accident injury lawyer Jason Waechter personally, and get him and his team working for you right away. No matter what city or state your injury happened in, we can help. We have extensively researched and vetted lawyers across the country in order to create a network of the best tractor-trailer crash injury lawyers to help you. Call us today, and let's get started: 1-800-708-5433

Call Truck Accident Injury Attorney Jason Waechter: 1-800-708-5433