395.8E false log

[simple_life]

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!

 

[Duck]

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!

I don't really know cuz I've never been in that particular mess but I'm pretty sure the fine is on the driver, CSA points on the carrier.

The truck stop legal experts will be on shortly though ( @mndriver likes to dig up legal stuff), and unfortunately so will the self righteous holier-than-thou types who will compare you to a serial killer for violating a law...

Good luck with it though.

BTW I'd look for a lawyer in the municipality this happened in. Sometimes they can fix this stuff for a couple of beans.

 

[mndriver]

If all you got was put out of service, Consider yourself lucky. All you need to do is turn the form into your motor carrier so he can sign it and send it back to the highway patrol in Iowa

Next time, make sure your logbook is current.

 

[simple_life]

Hooked on phonics would be a good place to start.
Hooked on Phonics | Learn to read

Or see Rosetta Stone
Official Rosetta Stone® - English

If all you got was put out of service, Consider yourself lucky. All you need to do is turn the form into your motor carrier so he can sign it and send it back to the highway patrol in Iowa

Next time, make sure your logbook is current.

391.11B2 is for not speaking English sufficiently in case anyone is wondering why I answered the way I did.
View attachment 41836


I suspect this guy will be a one post wonder. Especially since he listed what all of the statues were except the one for English.

Thank you for your reply. Frankly I do have an accent when I speak English and I have to admit sometime people don't like that, which I understand. I've been trying hard to improve it over the time but at this age it's hard to get rid of it completely.

 

[mndriver]

Not sure what to say.

Maybe a speech therapist then. But obviously the officer from Iowa really struggled to understand you.

Maybe have a notepad and pen handy next time. At least then you'd be able to explain to the official you are communicating with the you comprehend English better than your accent allows.

As to the rest of it....

I'm not going to explain how to cheat logs. It's a topic that I'm not happy about as it is. I'll just leave it at that with my comments.

 

[Blood]

How did they determine that you had a false log?
Was there any evidence that you falsified your logs?

 

[simple_life]

How did they determine that you had a false log?
Was there any evidence that you falsified your logs?

I messed up the cities and the timeline where they find the pick up city on the BOL doesn't match the city on the log.

 

[simple_life]

Not sure what to say.

Maybe a speech therapist then. But obviously the officer from Iowa really struggled to understand you.

Maybe have a notepad and pen handy next time. At least then you'd be able to explain to the official you are communicating with the you comprehend English better than your accent allows.

As to the rest of it....

I'm not going to explain how to cheat logs. It's a topic that I'm not happy about as it is. I'll just leave it at that with my comments.

I made the mistake and I'm ready to face the consequence, but I just don't want my carrier to suffer from my fiasco. Cuz I heard a violation like false log can penalized the carrier over $8000. I'm not sure it's true or not but it's terrifying.

 

[mndriver]

Some of that (alot) is sensationalism.

I'll look for the fine schedule later when I get to the computer.

 

[mndriver]

Here's the easy list. The other part is more complicated if you go to the fmcsa website.

The Price Tag for Violating Regulations Just Went Up

 

[simple_life]

Here's the easy list. The other part is more complicated if you go to the fmcsa website.


The Price Tag for Violating Regulations Just Went Up

Thanks for the info. But holy mother of Jesus $11000 is a lot of money...
Damn, Trucking industry is tough. One mistake and you are done. It's like the government is doing everything they can to put us out of business.

 

[mndriver]

It's a deterrent.

My #1 rule to my driver's is don't screw with the CSA score. We'll be shut down if you do. It's just not worth the risk any more.

 

[GAnthony]

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!

you now have 21 PSP points against you. this will be on your PSP report for 3 years, each year, it gets cut back.

 

[GAnthony]

Thanks for the info. But holy mother of Jesus $11000 is a lot of money...
Damn, Trucking industry is tough. One mistake and you are done. It's like the government is doing everything they can to put us out of business.

the gooberment wants the railroads to come back, as they back the railroads.(or so as i remember it)

 

[Tazz]

Thanks for the info. But holy mother of Jesus $11000 is a lot of money...
Damn, Trucking industry is tough. One mistake and you are done. It's like the government is doing everything they can to put us out of business.

The only way that will happen is if they are audited and show a pattern of violation, or run their mouth at the inspector.

 

[Blood]

The only way that will happen is if they are audited and show a pattern of violation, or run their mouth at the inspector.

 

[simple_life]

you now have 21 PSP points against you. this will be on your PSP report for 3 years, each year, it gets cut back.

21 pts does that already include all 3 violations or just the "false log" one alone?

 

[GAnthony]

21 pts does that already include all 3 violations or just the "false log" one alone?

oh, i missed those..

395.8(f)(1) Driver’s record of duty status not current Incomplete/Wrong Log 5

5 points, x's 3 = 15...+ your previous 21 = 36......

i cannot find the 391.11



(i found it, way at the end)
(Ω This update to a violation description took effect in the SMS as of August 28, 2015.)

391.11(b)(2)Ω Driver cannot read or speak the English language sufficiently to respond to official inquiries General Driver Qualification 4 Y


4 x's 3 = 12...+ your 36 = 48

you could be toast, depending on your company's limits...

 

[simple_life]

oh, i missed those..

395.8(f)(1) Driver’s record of duty status not current Incomplete/Wrong Log 5

5 points, x's 3 = 15...+ your previous 21 = 36......

i cannot find the 391.11



(i found it, way at the end)
(Ω This update to a violation description took effect in the SMS as of August 28, 2015.)

391.11(b)(2)Ω Driver cannot read or speak the English language sufficiently to respond to official inquiries General Driver Qualification 4 Y


4 x's 3 = 12...+ your 36 = 48

you could be toast, depending on your company's limits...

Looks like the next 3 yrs is going to be hell.
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

 

[Tazz]

I would calm down. Points mean



And that will not even be a blip so long as you don't continue to get violations.