Truck Driver Log Violations
The following is an example of an Hours-of-Service truck driver log with no driving violations recorded:
The law limits the hours a truck driver can drive. The reason is that because there is a pressure to get goods to their destination as fast as possible or by a deadline that a driver may attempt to just drive non stop without sleep. Logic and studies tell us that a fatigued driver has a slower reaction time and a higher propensity to fall asleep at the wheel. Given the size, weight and power of a tractor trailer, a truck has the ability to cause such devastating damage and therefore, there are special laws.
The driver of a semi truck (tractor trailer) may not drive more than 11 hours following at least 10 consecutive hours off duty. (The Federal Motor Carrier Safety Regulations [FMCSR] are the rules that govern semi trucks on our highways. See §395.3). The trucking carrier and the driver are both responsible for this type of Hours-of-Service (HOS) violation.
Further a tractor trailer (semi truck) driver is required to keep a driving log to prove that he or she has not violated these Hours-of-Service rules. The employer or motor carrier is required to check the logs to ensure compliance with these regulations.
Drivers must log their hours every 24 hours, in written format. (§395.8)
Driver Logs: §395.8 involve a driver making a record of his duty status. A driver must keep a log of his or her status for every 24 hour period. Pursuant to Section 395.8 of the Federal Motor Carrier Safety Regulations, the log is usually in written form and on a grid. The employer or motor carrier is required to inspect the drivers’ logs to confirm compliance with these regulations.
Because of technology, the driver log is often kept by an on-board recording device. The log indicates when the driver is on and off duty and whether they are driving or in the “sleeper birth”, which is usually designated as “SB”. The motor carrier is responsible if
the tractor trailer driver submits a false log.
There are sometimes investigations regarding whether a driver keeps two sets of logs or books, so that he or she could drive longer than they are allowed to drive by law.
A motor carrier (that would be the trucking company) is responsible and required to fashion or schedule their truck driver’s runs and routes in a way that would allow drivers to complete them without violating any speed limits or Hours-of-Service violations.
The company that employs the driver must schedule drivers in such a way that they will not violate their Hours of Service. (§392.6)
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