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Trucking/possible violation of code 395.8

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QUESTION: Most recently i was in a Dot check & was cited for violation of code 395.8 I quote
Record of duty status (general/form and manner) no shipping numbers or Commodity
At the time of inspection i did not have these numbers on my log,but it is my contention that due to the amount of loads that i haul ( some empty some loaded ) & different trailers used with different kinds of freight in them that a manifest number need not be placed on the log until the end of the day, when the driver reviews his log & signs it, my question is, is there any place or statement in the code that mentions of what time a driver must place a manifest number on his log ?
   thanks for your quick return answer

ANSWER: 395.8 d  the following information must be included on the form in addition to the grid...

11.  Shipping document numbers or the name of the shipper and the commodity.

The items that cannot be filled in at the start of your trip like your ending mileage or total hours for the day are obviously not required.  Everything else that you can fill in , must be done before you leave the terminal.  You know the shipping information at the start of your trip or learn it as you go through the day and it must be entered / included as you are loaded.

Hope this helps.

---------- FOLLOW-UP ----------

QUESTION: Andy; thanks for your help, but in respect how many points will this be charged against my CSA score & is it considered a log book violation ? In the 30 plus yrs that iv'e been driving truck & been in lots of DOT checks never have i been cited for not having a manifest number on my log !! 395.8 clearly states that it has to be on the log but it does not state or imply as when it has to be interred... Do you feel that a call to Dot in DC can clarify this matter
         thanks once again

Answer
Robert;

 I agree that this is not the crime of the century and in all my years of roadside enforcement , I never ticketed anybody for such a violation.   On the other hand I did have drivers talk their way IN to a citation when I wasn't going to write one.  I would have listed it as a violation on a report because it is a violation.

All violations listed on a DOT Inspection report carry CSA points. The points are on a scale of 1-10 and if it is an OOS Vio, the points are multiplied.  This particular offense falls under the Hours of Service area and carries with it ONE CSA point.  Carriers lose points earned at the end of two years, for drivers it takes three years.

 Currently, these points do not harm your license in any way.  Every violation carries points and both the carrier and the driver get them.  Your points do go away over time and so does the carrier ones.  The worst that can happen to you is if you had a lot of points and applied for a job and were turned down.  You cannot be suspended, disqualified etc. from CSA points.  Carriers can lose their interstate operating authority if they get too many points.  So drivers and carriers are constantly earning and also losing points on a monthly basis.  

If you get stopped and are given a warning or an actual ticket but there is no DOT inspection report...there will be no CSA points.  You could get state issued points for a speeding ticket though.

Yes, my background is in roadside enforcement but then that gives you MY perspective from stopping and dealing with drivers as opposed to just being another driver who can chime in with experience from his being pulled over.  

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Andy Blair

Expertise

Commercial Trucking regulations. DOT inspection information. Data Q challenges PA Traffic and Equipment Regulations Out of service criteria.

Experience

Police Officer 1986-2011 Weighmaster 1990-2011 DOT Enforcement Certified 1999-2011 Haz-Mat Inspector 2007-2011 Class A CDL Holder CDL Instructor

Organizations
Fraternal Order of Police ( life member)

Publications
American Association of Service Professionals Newsletter

Education/Credentials
Harrisburg Area Community College 35th Police Academy Community College of the Air Force PA certified 3rd party CDL tester.

Past/Present Clients
A number of trucking / transportation companies in PA and NJ

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