OOS for Inaccurate Logbook Clarification
| Entry Date | April 14, 1999 |
|---|---|
| Issue Number | 99-013-DRV |
| Name | T/Sgt Raymond Weiss (NYSP) |
| Address | United StatesMap It (opens in a new tab) |
| Committee | Driver-Traffic Enforcement Committee |
| Status | Closed |
| Summary of Issue | The NA Driver OOSC states: A record of duty status that does not accurately reflect the driver's actual activities and duty status....in an apparent attempt to conceal a violation of an hours of service limitation. Place the driver OOS or eight consecutive hours. |
| Justification or Need | Does this include an inaccurate log book from the previous day even if the driver is no longer in violation of the hours of service limitations? For example, when you stop a driver and review the log book, the driver ha dspent the previous twelve hours off duty at home. The driver had only been driving two hours when you stop him/her. However, you discover through paperwork and driver statements, the driver drove from 6 am to 6 pm (12 hours) the previous day. The log book shows the driver off duty at 4 pm (after driving the limit of 10 hours). The driver then was off duty until 6 am on the day you stop him/her. Still having 10 hours off duty. Your stop is at 8 am. Do you still place the driver OOS for 8 hours for the false log book from the previous day? If so, must the driver make a correction to the grid to reflect the actual hours driven the previous day before the driver can leave again? We have a conflict of opinion between enforcement agencies, and members within the agency, as to whether the driver is placed OOS for eight hours. The argument is: 1 - the driver is in violation when the false log book was presented to the officer, and therefore, is OOS for 8 hours. 2 - the driver is no longer in violation of the 10-hour rule (which was attempted to be concealed), since the driver was off duty for 10 hours following the violation (false entry), and therefore you do not place the driver OOS. The thinking is that the OOS requirement is not to punish the driver, but to provide ample time for rest. |
| Request for Action | Writer requests that this issue be brought before the driver committee for clarification and a response. |