HOS Falsification - Application of Out-of-Service Action
| Entry Date | June 26, 2008 |
|---|---|
| Issue Number | 08-029-DRV |
| Name | Steve Binkley |
| Agency | Western Express |
| Address | 7135 Centennial PlaceNashville, TN, 37209United StatesMap It (opens in a new tab) |
| Phone | (615) 259-9920 |
| [email protected] | |
| Committee | Driver-Traffic Enforcement Committee |
| Status | Closed |
| Summary of Issue | I am seeking clarification on when an out of service action is taken against falsifications. I understand that if a driver has falsified his record of duty status in an effort to conceal hours then at time of inspection the driver should be placed out of service. What if the driver falsified his record of duty status in the previous seven days but has since taken a legal 10 hour brake or a 34 hour reset...is the driver still to be placed out of service at time of inspection or is this a violation only. Right now states enforce this differently...some do place the driver out and some do not and just consider this a violation. |
| Justification or Need | There needs to be some consistancy in how this is enforced. States all use the same out of service citeria but interpret it differently on some issues such as this. I will fax inspections from several states that have same violation [false]...but some are out of service and some are not when the false happened in the previous seven days. |
| Request for Action | Detemine whether the falsification applies to all 7 day or just the time after the 34 or 10- hour reset. |