Ticket Help!!! With 150 Air Miles Of Home Base

Topic 10368 | Page 1

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Steven M.'s Comment
member avatar

Hello all!! I'm new here. I have had my CDL since July. I am still learning all the ins and out of log books.

However today I was parked in a center median lane about to unload. I was in Santa Monica, CA. 89.4 miles from my base.

I had a log book because I occasionally travel out of state. I have not this month. Everything in this log book is under 100 miles!

An officer pulled up and right away said give me your log book. Which I did. It was current until 12 midnight of last night. Totally dropped the ball and did not fill it out this morning. Again, I'm still new.

He cited me for... Log book not current. My question is, how can this be if I am in 100 miles of my home base???

Any help is appreciated. I'm trying my best to make the best living I can for my wife and I and this is such a huge blow!! Only 2 months and 2 week into getting my CDL and this happens. I am truly heartbroken and disappointed!

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

SAP:

Substance Abuse Professional

The Substance Abuse Professional (SAP) is a person who evaluates employees who have violated a DOT drug and alcohol program regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.

Steven M.'s Comment
member avatar

One more thing! He put my home base as MD. It is CA. There are city and state stickers on the doors of our trucks, which he took a picture of!! My company supplied log book has ca printed on every page!! Registration says ca.

Soooooo...... If he can't even copy a state and city down, who is to say he got that my log wasn't complete?? I think maybe he looked at the wrong day. Lol!! Might work in court?

William C.'s Comment
member avatar

Take it to court and fight it more than likely the cop won't show and it will be dismissed

Brett Aquila's Comment
member avatar

First of all getting a logbook ticket for not being up to date is no big deal. You're not going to get fired or lose your license or anything crazy like that. So don't sweat it.

As far as the 100 mile air rule here's the rule from the Recording And Logging Hours Of Service section in our High Road Training Program:

100 Air Mile Radius Exception

You are not required to fill out a log with a graph grid if you come under the 100 air mile radius exception. The 100 air mile radius exception applies for any day in which you:

  • Drive within a 100 air-mile radius of your normal work reporting location.
  • Return to your work reporting location and are released within 12 consecutive hours.
  • Follow the 10 hour off duty and 11 hour driving requirements.

Your motor carrier must keep time records of the times you report for and are released from work each day, and the total hours on duty each day. You do not have to have these records in your truck.

This exception is optional. For example, you and your employer may choose to use a logbook even though you are within the 100 air mile radius, so that you do not have to be released from work within 12 hours that day.

So if your employer was keeping your logs and you were released from duty within 12 hours you could have invoked the 100 mile radius clause. Unfortunately you handed him a logbook. That means you were using a logbook and therefore is has to be legal in every way.

Now I suspect you could get this charge reduced or eliminated altogether if you hire an attorney to help you. You may even be able to get it reduced yourself by speaking with the District Attorney yourself.

As far as your home base goes you should have that filled out in your logbook. Your personal home base can of course be different than your company's home base. The main reason you list it is so they know what timezone you're using.

The ticket by itself is no big tragedy but I would say it's worth getting an inexpensive attorney that deals with trucking and have him defend you. You don't need a world class attorney, just someone who knows the basics of trucking laws.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

Logbook:

A written or electronic record of a driver's duty status which must be maintained at all times. The driver records the amount of time spent driving, on-duty not driving, in the sleeper berth, or off duty. The enforcement of the Hours Of Service Rules (HOS) are based upon the entries put in a driver's logbook.

OOS:

When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.

Lawrence H.'s Comment
member avatar

You either have to have hourly card time or log book. You can just show on duty until your day is through.

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