OOSC, Part I, Item 9.a.(6) - False Logs

When reviewing Part I (Driver) Out of Service Manual , the manual states an OUT-OF-SERVICE VIOLATION: Violations under this category preclude further operation of a commercial motor vehicle by its driver for a specified period of time or for some violations until a required condition is met. An example of the former standard is hours-of-service violations. Over the years it has been generally accepted that the OOS criteria to be “corrective” in nature as opposed to “punitive.” I am aware of multiple scenarios where some false logs violations are being placed out of service and some are not. With the aforementioned in mind, I offer the following scenario for your consideration/ guidance: Driver is stopped roadside on Jan 9th, 2022. The previous 7 days are reviewed. Jan 2- driver shows a trip for 3.5 hours that should have taken 4.5 hours (false log) total on duty- 3.5 (4.5 should have been reported) Jan 3- off duty (deemed to be true and accurate) total on duty-0 Jan 4- 8 hours total on duty (is true and accurate) total on duty-8 Jan 5- off duty (deemed to be true and accurate) total on duty- 0 Jan 6- 10 hours total on duty (deemed to be true and accurate) total on duty-10 Jan 7- 10 hours total on duty (deemed to be true and accurate) total on duty-10 Jan 8- off duty (deemed to be true and accurate) total on duty-0 Jan 9- started at 6 am, stopped at 10 am total on duty-4 In this scenario at the time of the stop the driver is not in violation of the 11, 14, 30 min break or 60/70 hour rule. The false log from Jan 2nd was followed up by 10 hours off. With regard to Section 9(a)-6, would this driver be considered to have a false log “in an apparent attempt to conceal an hours of service violation?”….and thereby be placed out of service for 10 hours. 9(a)-6 only directs us to footnote 13 which is not germane to my question. However if we were directed to footnote 9 or (something similar), which states “The driver would not be declared out of service if the driver has taken time off equivalent to the original out of service order”…..the driver would not be. It appears that footnote 9 substantiates the purpose of the OOS criteria to be corrective rather than punitive. If that is the case, why would a driver who has taken enough time off since the false RODS not be afforded the same guidance (i.e. if the driver has taken time off to insure no hours of service violation currently exists at the time of the stop?)

Clarification for consistency

Make a determination of when to deem OOS for consistency