False Log Book Violation Points (2023)

False Log Book Violation Points

False log book violation points apply to the Federal Motor Carrier Safety Administration’s (FMCSA’s) Hours of Service Rules. These rules apply to most commercial vehicle drivers. The FMSCA provides a brief overview of the HOS Rules and we discuss them further here. Unfortunately, hours of service violations are common among commercial drivers and they often result in traffic citations. An officer will be able to identify any violation by looking at the driver's logbook. Written below are common log book violations that you must avoid. Read here about Starting a Trucking Company Correctly.

What Is a Log Book Violation?

If a driver is nearing their hours-of-service limit, they may be tempted to fudge their logbooks in order to keep going. However, this is a violation of FMCSA regulations outlined in 49 CFR 395.8(e)(1). Digital logbooks (using ELD devices) and paper logbooks must both accurately report the hours-of-service rules that drivers are expected to abide by. Falsifying either type of logbook can result in serious consequences. What is DOT SAP Program?

It is critical to note that if carriers withhold any supporting documents during a DOT audit, it carries the same weight as having a false log. Non-compliant carriers may think they can cover up evidence of hours of service violations by hiding information, but inspectors know precisely what to search for. Despite this, it's sometimes possible that an erroneous logbook entry was made in good faith. How To Request the DOT PIN Number?

How Do Drivers Try to Falsify Their Logs?

In a world where the ELD is now the standard, cheating the system has become more difficult. But there are still creative ways that drivers try to work around hours-of-service rules. For example, some truckers may keep two logbooks. One can be the clean version for the DOT” and another with altered information for the company.” The latter will feature unrealistic time frames for completion of trips or mismatched team logs.

Other methods range from tampering with odometer readings to fluffing numbers. In either case, falsifying logbook data is not only dishonest but also illegal. Employers should stay vigilant in monitoring their fleet's activity to prevent any potential violations of laws or regulations.

Log Book Violation: Not Having a Logbook

Drivers who are required to keep a logbook but fail to do so may be subject to the No Logbook violation. It is an offense outlined in FMCSA policy 49 CFR 395.8(a)(1). This violation carries serious consequences and could lead to costly fines or suspensions. Must visit FMCSA Hours of Service Suspended topics.

Log Book Violation: No ELD (Electronic Logging Device)

For most drivers required to record their duty status under FMCSA 49 CFR 395.8(a), a no ELD” violation is the same as not having a logbook. According to FMCSA policy, these drivers must use an electronic logging device (ELD). Failure to do so could result in a citation. To avoid this penalty, make sure you have an appropriate ELD and that it is used correctly at all times. Must visit the website link.

Drivers who are eligible for short-haul exceptions do not need to use ELDs and may continue keeping timecards. Also, drivers can still maintain paper logs over a period of 8 days in every 30-day cycle. These FMCSA exemptions also cover those performing drive-away-tow-away operations with the vehicle being driven being part of the shipment delivery. Vehicles manufactured before 2000 are also exempted from utilizing ELDs. Visit DOT Authority Package, Tips to prepare for 2023 DOT Week filings in minutes. How to get Oregon Trip And Fuel Permit?

Log Book Violation: Inaccurate or False Logbooks

A false logbook entry is a serious violation of federal regulations. There are two situations which may cause this to occur. The first is when a driver intentionally falsifies an entry in their logbook to make it appear that they are compliant with hours of service rules. Also visit the website link.

The second potential scenario is when the driver makes an innocent error but can provide documented evidence to show what should have been entered, and does not violate any hours of service rules. In either situation, if there is documentation available to support the accurate info then the chances for a favorable outcome are better than with an intentional false entry. All false logbook entries breach FMCSA regulation 49 CFR 395.8(e)(1). Importance of The FMCSA 30-Minute Break Rule.

Log Book Violation: No Record of Duty Status

If a driver is required to maintain a logbook or an ELD, but has not recorded their duty status, they are in violation of 49 CFR 395.8. This regulation requires that drivers operating commercial motor vehicles keep accurate records of their duty status. Without this data, it's impossible for investigators to determine if the driver is following the hours-of-service rules. Thus, drivers must ensure they accurately record all of their activities when required by law. Failure to do so could result in citations and fines. Importance of The FMCSA 30-Minute Break Rule.

What Are the Consequences of Log Book Violations?

Individuals who operate or cause to be operated a commercial motor vehicle in violation of FMCSA logbook regulations, or who knowingly fail to comply with any provision of the law or its corresponding rules, may face criminal charges. In accordance with A.R.S. 28-5240, a first offense is classified as a Class 2 Misdemeanor. Must visit the website link.

A second offense is considered a Class 1 Misdemeanor and any subsequent offenses are classified as Class 6 Felonies. These violations are taken seriously and may lead to penalties including imprisonment and/or fines. It is important that motor carriers, shippers, and manufacturers ensure they remain compliant with state and federal regulations at all times. What is DOT Clearinghouse Enforcement?

For a first-time log book offense, which is classified as a class 2 misdemeanor, potential penalties include up to a $750 fine plus surcharges of $585, 4 months in jail, and probation. In reality though, incarceration is unlikely and fines are usually much less than the maximum allowed. Also, take a look at Drug and Alcohol Program policy.

Why Do Some Carriers & Drivers Use False Logbooks?

It all boils down to finances. Truckers are encouraged to drive as much as they can in order to make money for themselves or make shippers even more if the cargo is delivered ahead of schedule. This results in trucking companies setting unrealistic deadlines and piling on immense pressure on truckers to reach those goals, making falsifying logbooks a greater temptation. However, should they be caught with false logs, hefty fines await them. Read about Texas DOT Number and USDOT Number. Learn here How to Prepare for a Compliance DOT Audit.

Key Points: What Are the FMCSA Penalties for Using False Log Books?

  • Penalties for falsified log books under the FMCSA can range from warnings to civil penalties up to $11,000 per violation.
  • Drivers who are found guilty of falsifying their logbooks may face a license suspension or revocation.
  • Companies that require drivers to use false log books can be subject to fines as well as suspension or termination of operating authority. What is Unified Carrier Registration?
  • If multiple violations are discovered, additional criminal charges may be brought against individuals and companies.
  • It’s important for truckers and trucking companies alike to remember that the FMCSA takes falsification of records seriously and will not hesitate to impose stiff penalties on those who break the rules.

FAQs

False Log Book Violation Points? ›

A false logbook violation is 7 points. These points are subject to a time multiplier.

What is the fine for a log book violation in California? ›

Receiving a commercial drivers log book violation can result in fines of up to $2000, ruined reputations in the industry, higher insurance rates, loss of job, and even loss of their commercial drivers license.

What are the two most common hours of service violations? ›

Top 5 common HOS violations
  1. Operating past allowed hours of on-duty driving limits. ...
  2. Operating past allowed hours of duty on-duty limits. ...
  3. Driving more than 60 hours in 7 days or 70 hours in 8 days. ...
  4. Inaccurate record of duty statuses. ...
  5. Falsifying logs.

What is false logs? ›

The ELD tracks the drive time of the vehicle and wants you to assign it to someone the next time a driver logs in. Inspectors can assign these logs as “false logs” and the carrier fined up to $2,500 fine per false log.

What is an example of on-duty not driving? ›

On-Duty Not Driving

Moving trailers in a yard with a gate or signs to keep the public out; Driving a pickup truck that is not a CMV (less than 10,001 pounds) on a public roadway; Inspecting, maintaining, or fueling your vehicle; and. Operating your personal vehicle for compensation, such as for a rideshare company.

What happens if you make a mistake in your logbook? ›

Mistakes If you make a small mistake in one of the fields it's ok to cross out the mistake and write the correction next to it. If correcting it will be too messy it's best to put a line through the whole entry and re-write it on a separate line.

How long do violations stay on driving record in California? ›

Points can stay on your record for a significant period of time. The most common moving violations that give you 1 point stay on your license for 3 years. However, if you receive points for a more serious violation like a DUI or a hit and run, the points last for 10 years.

What are the three types of violation? ›

There are three categories of violation – routine, situational and exceptional.

What happens if you go over your 14 hour clock? ›

Once the driver has reached the end of this 14-consecutive-hour threshold period, they cannot drive again until they have been off duty for another 10 consecutive hours, or the equivalent of at least 10 consecutive hours off duty.

What is the most common violation? ›

In fact, speeding is one of the most common moving violations with 41 million drivers receiving speeding tickets each year amounting to a total amount paid of around $6 billion.

What is the penalty for unplugging ELD? ›

Clearly, it's not worth the risk. If you unplug your ELD for any reason, it will be recorded, and you will be held responsible by your fleet manager, company, or DOT, resulting in reprimand, termination, and possible fines.

Can the carrier and the driver be prosecuted for filing incomplete logs? ›

Failure to record, complete, or retain the log, or knowingly falsifying logs or other reports, makes the driver and/or carrier liable to prosecution.

Why are they called logs? ›

Q: Why are logs called logs? A: The name refers to the fact that they are like entries in ship's logbook.

What is an example sentence for on duty? ›

We are all overstretched – there should be two of us on duty. On duty there were eight police officers. About a thousand police officers were on duty. There were four guards on duty on the day of the attack.

How many hours can you be on duty including driving continuously in US? ›

You must follow three maximum duty limits at all times. They are the 14-hour “driving window” limit, 11-hour driving limit, and 60-hour/7-day and 70-hour/8-day duty limits. This window is usually thought of as a “daily” limit even though it is not based on a 24-hour period.

What are three examples of defensive driving? ›

Wear your seatbelt, watch out for dangerous drivers, keep your hands on the wheel, and use your mirrors to stay aware of what's going on around you.

What are common logbook errors? ›

The most common logbook problems are unsigned pages, incorrect totals (especially when single and multi-engine times don't match up to total time), totals not matching between separate logbooks, and strange or incriminating comments written next to entries.

Can you fake logbook hours? ›

THIS IS WHY YOU SHOULDN'T. If we were trying to scare you, we would tell you that you would get caught if you faked your logbook hours. And that there would be devastating consequences. We would tell you that there's a fine up to $6600 and that you would be taking an unnecessarily dangerous risk.

Can you rip pages out of a log book? ›

Damaged or missing pages

To avoid any problems, don't be careless with your log book. If you have a page with lots of mistakes, do not rip it out. It is best to cross out the whole page and re-write it on the next page.

How do I remove a violation from my driving record in California? ›

The vital question for drivers: “How do I remove points from my record?” The simple answer is time. As long as you keep a clean driving record for a designated amount of time, your points will be cleared automatically. Violations that add one point to a driving record will be cleared after 39 months.

How long does 2 points stay on your license in California? ›

Points stay on your license for 3 years in California for most convictions, but the points for more serious convictions will stay on your license for at least 10 years.. After they expire, license points will no longer affect your driving privileges, so it's worth keeping track of how much longer your points will last.

How many points does CA DMV record? ›

In California, a driver may face driver's license suspension or revocation if he or she accumulates: (i) 4 points within 12 months, (ii) 6 points within 24 months, or (iii) 8 points within 36 months. The number of points you receive for an offense depends on the specific offense.

What is the difference between errors and violations? ›

A human error is an action or decision which was not intended. A violation is a deliberate deviation from a rule or procedure.

What is basic violations? ›

BASIC VIOLATIONS:

Stepping on or over the line on a serve. Failure to serve the ball over the net successfully. Hitting the ball illegally (carrying, palming, throwing, etc).

What is a Level 3 violation? ›

Level 3 violations are serious breaches of conduct that may involve a serious violation of a professional code of conduct or include extreme cases of dishonesty and maliciousness. Level 3 violations may include a violation of law, or may be likely to cause direct harm to others.

What is the 3 and 7 rule? ›

According to the changes made in the hours-of-service rules, a driver must stay in the sleeper berth for seven consecutive hours, and then spend another three consecutive hours off duty (sleeping, eating, etc.) to fulfill the requirements of the sleeper berth.

What is the 8 2 split rule? ›

According to the new HOS rules, the 8/2 split states that a driver may drive for up to six hours, and then take a two-hour off-duty break before driving another five hours.

Can I stop my 14-hour clock trucking? ›

Drivers can pause the 14-hour clock today

The break must be spent off duty or in a sleeper berth (or using a combination of the two). The time before and after the break cannot include any driving after the 11th hour of driving or after the 14th hour of time.

What's worse than a violation? ›

Misdemeanors are the second type of criminal offenses. More serious than violations but less severe than felonies, misdemeanors can carry up to a year in jail (not prison, the difference of which will be explained in a later post).

What is the most violated right? ›

Our right to privacy and our right to access information may be the most commonly violated human rights in western democracies, and this is because governments have been all too happy to defer to economic interests in cases where human rights violations are not considered overt or grave enough to force action.

What traffic violation carries the most points against your license? ›

Excessive speeding is one of the fastest ways (pun intended) to gain points on your record.

What mileage is exempt from ELD? ›

ELD Exemptions

The driver does not operate outside of the 150 air-mile radius for more than 8 days during any 30-day period, provided they prepare paper logs on the days when they are not exempt from the HOS rules.

How far back can dot check logs? ›

How far back can the DOT check ELD logs? Depending on the type of document, DOT requires records to be anywhere from 12 months to three years.

Do ELDs have cameras? ›

ELD devices and TrackNet's GPS tracking cameras help you obey the many provisions intended to help the Federal Motor Carrier Safety Administration (FMCSA) in its important mission to reduce crashes, injuries and fatalities involving large trucks.

Can I use a paper log while waiting on ELD? ›

ELD Rule Exceptions

As specified in the ELD rule, the following are not required to use ELDs (but carriers may choose to use ELDs even if they are not required): Drivers who use paper logs no more than 8 days during any 30-day period.

Can you edit ELD logs? ›

Are You Allowed to Edit ELD Logs? Simply put, yes. A driver and their carrier can edit an ELD log to fix a mistake or input missing information as long as they are acting per FMCSA rules. For example, if a driver stops overnight and forgets to change his status to off-duty, an edit must be made to the log.

How long can an operator run on paper logs in the event of an ELD malfunction? ›

Recording RODS on a paper log cannot continue for more than 8 days after the malfunction unless an extension is given in accordance with § 34 – ELD Malfunctions and Data Diagnostic Events.

What are the three types of logs? ›

Availability Logs: track system performance, uptime, and availability. Resource Logs: provide information about connectivity issues and capacity limits. Threat Logs: contain information about system, file, or application traffic that matches a predefined security profile within a firewall.

Are there two types of logs? ›

Math Skills - Logarithms. Two kinds of logarithms are often used in chemistry: common (or Briggian) logarithms and natural (or Napierian) logarithms. The power to which a base of 10 must be raised to obtain a number is called the common logarithm (log) of the number.

Why is a logbook important? ›

Purpose and importance of using the logbook

The logbook ensures all required information is recorded in a logical manner. The logbook keeps the information in one place including supporting documents. The logbook is a way to monitor the needs of children and to identify how best to care for them.

What is an example sentence with take Offence? ›

He took offense when I suggested exchanging the gift. She takes offense at any criticism.

What is a sentence for duty free? ›

He bought his wife some duty-free perfume. I bought some perfume in the duty-free shop.

What happens if you go over your 14-hour clock? ›

Once the driver has reached the end of this 14-consecutive-hour threshold period, they cannot drive again until they have been off duty for another 10 consecutive hours, or the equivalent of at least 10 consecutive hours off duty.

Does going off duty stop your 70 hour clock? ›

The HOS regulations allow a driver to reset a 60-hour/70-hour clock after 34 or more consecutive hours off-duty. This period can be taken as off-duty, in sleeper berth, or a combination of both.

What is an example of on duty not driving? ›

On-Duty Not Driving

Moving trailers in a yard with a gate or signs to keep the public out; Driving a pickup truck that is not a CMV (less than 10,001 pounds) on a public roadway; Inspecting, maintaining, or fueling your vehicle; and. Operating your personal vehicle for compensation, such as for a rideshare company.

What is considered the enemy of the defensive driver? ›

Defensive drivers know that their worst enemy is the unexpected. They never assume the other driver will do the right thing. They anticipate hazards by scanning the road to size up the traffic situation as far ahead as possible. In this way they are able to prepare for hazards rather than simply react to them.

What are the four A's of defensive driving? ›

In the past, some have called the topics in this lesson Aggression, Alcohol, Accidents and Awareness.

What is the most common mistake when backing? ›

Answer: The most common mistake that drivers make when backing up is failing to look both ways behind them. Mirrors do not give you a full view. To see as much as possible, turn your body and head to the right and look out through the rear window.

What is the fine for 21703 VC in California? ›

Vehicle Code § 21703 VC is the California statute that prohibits drivers from following the vehicle in front too closely, or tailgating. A ticket for this traffic offense is an infraction that carries a fine of $238.00 plus court costs.

How much is a traffic violation ticket in California? ›

Fines and Penalties for Traffic Ticket Infractions

A first offense is punishable by a fine of up to $100. A second offense within one year of prior conviction is punishable by a fine of up to $200. A third or subsequent offense within one year is punishable by a fine of up to $250.

What is the fine for violating vehicle code 2818 in California? ›

What are the Consequences? If you are cited for CVC 2818, you run the risk of a $238 fine and a point being added to your driving record. There is a lot involved with these citations, and our team is here to assist. Learn more about your options with the ticket with a free ticket review.

What is an infraction ticket in California? ›

An infraction is a minor offense. Most infractions are written on a "ticket" form but infractions can also be filed by the prosecutor on a "complaint" document. An infraction is usually punishable by a fine and if the fine is paid, there is no jail time.

How many points is a HOV violation in CA? ›

4.3.

A driver receives a ticket for violating VC 21659 and must pay a fine of $238.00. A motorist that violates the statute will also receive one point on his DMV driving record.

How much is a ticket for 21461 a VC? ›

Citations issued for violation of 21461 a vc is one of the most common traffic tickets in California. The fine amount is $238. It is a one-point violation.

How much is a fine for 21651 VC? ›

Violation of VC 21651(a) is punishable by a fine of up to $238 and one point on your driving record. Getting too many points on your driving record can increase your insurance rates. Enough points may also result in designation as a negligent operator.

What is the most likely punishment for a traffic violation? ›

Most traffic tickets you get are considered “infractions” which means you cannot go to jail for these violations. A traffic infraction is considered a minor offense and you cannot be punished with jail for a traffic infraction or placed on court probation. Typically, the punishment for an infraction is a court fine.

How do I get a traffic violation off my record in California? ›

The vital question for drivers: “How do I remove points from my record?” The simple answer is time. As long as you keep a clean driving record for a designated amount of time, your points will be cleared automatically. Violations that add one point to a driving record will be cleared after 39 months.

How do you get a traffic ticket dismissed in California? ›

To contest your citation, you must appear for arraignment or schedule a future court trial date. Bail must be posted to schedule a future court trial date. At the arraignment, if you plead "Not Guilty," your case will be continued or scheduled for a court trial date.

What is California violation code 12951 A? ›

Under California Vehicle Code §12951, it is an infraction to drive without possession of your driver's license. You can also face misdemeanor criminal charges under California Vehicle Code Section 12951(a) if you refuse to provide law enforcement officers with your driver's license should they make such a request.

What is the fine for 22406 a VC in California? ›

The fine for a violation of Vehicle Code 22406 VC can range from $285.00 to more than $500.00. Truck drivers caught speeding over 55 miles per hour will receive either 1 or 1.5 points on their DMV record.

What is California violation code 21460? ›

Vehicle Code § 21460 VC – Crossing Double Yellow Lines – California Law. Vehicle Code § 21460 is the California statute that makes it a crime for a motorist to cross double yellow parallel lines on State roadways.

Can I just pay my ticket and not go to court California? ›

In most cases you can pay the amount listed on your courtesy Violation Information Notice instead of going court. This is called a "bail forfeiture." If you choose, instead, to go to court and are sentenced by a judge to pay an amount, this is called a "fine." Both bail and fines carry additional penalties and fees.

Is an infraction worse than a misdemeanor? ›

An infraction, the least serious offense, has less severe consequences than a misdemeanor or felony.

Do cops show up to court for traffic tickets in California? ›

The officer is not required to appear unless you have entered a plea of not guilty and a trial has been set. If a trial is set, the citing officer will be notified to appear.

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