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Question
A driver is written up for a 395.8(e). Did the officer have to put him OOS for 10 hours or was that his option. Officer comment was "False report of drivers record of duty status-leaves Pendleton, KY at 6:45am and stopped at 8:15AM-CT at Wilmington, OH scales 120 miles in 1-1/2 hours.

Answer
Woody;

The penalty for a False Log violation comes directly from the North American OOS Criteria book.  

 (6). False Record of Duty Status

  A required record of duty status does not accurately reflect the drivers actual activities and duty status in an apparent attempt to conceal a violation of an hours of service limitation.  ( 395.8e).   DECLARE DRIVER OUT-OF-SERVICE FOR 10 CONSECUTIVE HOURS.


The officer did not have the discretion to do otherwise.


Hope this helps.


Andy

Trucking

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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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