Although logbooks are done on electronic logging devices (ELDs) these days, there are still logbook violations, erroneous Records of Duty Status (RODS), and the possibility of logbook falsification accusations. Your best strategy to avoid a conviction and possible DOT FMCSA civil penalties is to consult a CA traffic attorney.
Understanding the ELD and Logbook Violations
The ELD has vastly reduced many traditional logbook violations.
Especially the Form & Manner entries, which include key permanent details like the driver’s name, their commercial driver’s license (CDL) number, the carrier’s name, HQ address, DOT number, and vehicle or trailer number.
However, some entries must be updated daily or upon a driver or duty status change, such as the date, miles driven, and others.
Likewise, commercial drivers must remember that Record of Duty Status (RODS) changes aren't always automatic.
For instance, if a driver relocates the vehicle during off-duty hours for dinner, they must remember to change the RODS to personal conveyance.
Similarly, if a different driver utilizes the truck for maintenance or refueling or a mechanic conducts a test drive, they must input their details and adjust the duty status.
If the driver discovers a mistaken RODS or Form and Manner entry, they must coordinate with fleet HQ to change it, particularly if the change affects the RODS from a previous date. Remember, the driver must maintain the log for the previous seven days.
Attempting to change a RODS from a previous day could lead to an allegation of fraud, a misdemeanor offense.
Effective Methods to Avoid Logbook Violations:
- Regularly review and familiarize yourself with the ELD interface and functionalities.
- Before any movement, always ensure the RODS correctly reflects your activity.
- Verify and update all Form & Manner entries daily to ensure they remain accurate.
- Educate everyone driving the truck about ELD operations and RODS changes.
In conclusion, while the ELD simplifies logging, drivers must remain proactive to prevent inadvertent logbook violations.
Consulting a Traffic Ticket Defense Attorney for Logbook Violations & Accusations
Even by employing the best practices, mistakes happen.
If you are ticketed for logbook violations or accused of falsifying a logbook entry, consulting a traffic ticket defense attorney can be invaluable.
We understand the nuances of commercial driving regulations and can guide you through the rectification process. Our team ensures that you aren't bogged down with legal complications.
We break things down, ensuring every client grasps the situation and the proposed solutions. So, if you're facing logbook violations, reach out. We're here to help, ensuring your rights are protected, and the road ahead remains clear.
Contact Bigger & Harman, APC
If you are accused of falsifying a logbook entry or ticketed for a logbook violation in Truckee, CA, contact us immediately for a free consultation.
Call us at (661) 349-9300 — use our contact form and send an image of your violation or citation or email attorney@biggerharmanlaw.com.
Se habla Español (661) 349-9755.
Download our e-book, Protecting Your Commercial Driver License.
References:
The DMV Portal CA Commercial Driver Handbook.
The FMCSA CFR 49 Part 395.8, 6.4.4 Driver’s Record of Duty Status (RODS) & Form & Manner Violations.