OOSC, Part I, Item 10. Driver's Record of Duty Status - U.S., a. and b.(6) - False Record of Duty Status (Log Book)

The issue is regarding "false records of duty status" and violations of the "hours of service" regulations.

Occasionally, when conducting a driver inspection, I receive records of duty status which do not accurately reflect the driver's activities due to an apparent misconception that the rear seating area of a 4 door truck may be utilized as a sleeper berth. The driver's record sleeper berth time and utilize the sleeper berth provision when sleeping or spending time in the rear passenger seating area of a 4 door truck. Some utilize a pillow and few have inserted a mattress over the seat. In my professional opinion, this is not in conformance with the sleeper berth regulations and definition of same. Further, it is my professional opinion that the time or activity of the driver that is recorded as sleeper berth time should be recalculated as on-duty time since the time is spent in the truck. Obviously, if recalculating this time as on-duty time, this will result in violations of the "hours of service" regulations. I have experienced this issue with those carriers who transport automobiles for dealerships, auctions, etc. I am interested in your opinion of these issues.

Is there an "out-of-service" condition for false records of duty status with the understanding that there must be an apparent attempt to conceal hours of service violations. Is there an "out-of-service" condition for hours of service violations when recalculating the sleeper berth time to on-duty time?