HOS Violation Question

Topic 12341 | Page 1

Page 1 of 1
David M. "The Amazin Caju's Comment
member avatar

Okay, my trainer is the worst ever. I have put in for a new trainer. Now that that is out of the way...

My trainer changed my logs while I was driving, on 2 separate occasions. It led to two separate HOS violations on me. Question is, can I somehow dispute these violations or have them removed since my logs were altered by another person without my knowledge or consent? Also, is it even legal for him to change my logs to try to get more driving time by changing from on duty to sleeper berth when in fact I was on duty, on the dock, counting produce.

From the training videos I'm watching on my phone it seems like a pretty big deal and these violations are stuck with me for 3 years. =/

Sleeper Berth:

The portion of the tractor behind the seats which acts as the "living space" for the driver. It generally contains a bed (or bunk beds), cabinets, lights, temperature control knobs, and 12 volt plugs for power.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
murderspolywog's Comment
member avatar

David I would like a little clarification on something you said he changed your logs, will you were driving? Are you on paper logs? Because all the elogs systems I know if won't allow editing of the drivers logs will the truck is in motion? Yes you can dispute it with your company and explain what happens. Yes it is ilegal for him to edit your logs weather he has your approval of not. Also there should be something were you are signing your logs daily and you should be checking and making share everything is right on them. If something is wrong correct it. And it is illegal for him to change your duty status. Unforchantly with out proof it's a he said he said, argument. I hope that helps.

Elog:

Electronic Onboard Recorder

Electronic Logbook

A device which records the amount of time a vehicle has been driven. If the vehicle is not being driven, the operator will manually input whether or not he/she is on duty or not.

Elogs:

Electronic Onboard Recorder

Electronic Logbook

A device which records the amount of time a vehicle has been driven. If the vehicle is not being driven, the operator will manually input whether or not he/she is on duty or not.

David M. "The Amazin Caju's Comment
member avatar

Yeah it's elogs. I'm not sure about not being able to edit while driving. I do know he can change himself to SB while driving like if we are in traffic. He edits his logs constantly during the day too so maybe its while im at a redlight.? Sorry I don't know more I just haven't been taught so I'm winging it in some ways. I do know my clock should be counting down not gaining a couple of hours. Lol I just know I'll have, let's say, 6 hrs till my 8. He'll mess with the Qualcomm for a little bit and then I glance to see my time and there is an extra hour or two added. So I do some figuring and Stop before (hopefully) my 8 is up. I check the logs and see it's been edited again. (for example, missing on duty that was there before) I call him on it and he admits he changed it because "on duty time doesn't make (his) paycheck". This last time I changed it back to accurate and it turned out I was 3 minutes over on my 8 and it kicked me the 2nd violation. (The first violation I'm not sure what he did I just know he was jacking with it and then went to cussing and told me I have a violation now. I was on my first week and didn't really understand.)

There is nothing to sign but there is an approve tab in the machine. I don't always get to approve it unless he's asleep because he jumps in there and does it. I can't stand it and have told him as much. Finally got a training counselor on the phone who is supposed to be getting me a different trainer. (There are other serious issues I won't get into here)

I do understand about the he said she said thing. That makes sense. People r full of it all the time. I think your post helped out. I now know for sure he isn't supposed to do that and that I may have a chance at getting it fixed. Some chance is better than none! =) Thank you for your response. I wish we did have to sign something instead of pushing a little button lol

I hope I clarified enough but not too much. Thanks again for the response. I feel like it helped.

Elog:

Electronic Onboard Recorder

Electronic Logbook

A device which records the amount of time a vehicle has been driven. If the vehicle is not being driven, the operator will manually input whether or not he/she is on duty or not.

Elogs:

Electronic Onboard Recorder

Electronic Logbook

A device which records the amount of time a vehicle has been driven. If the vehicle is not being driven, the operator will manually input whether or not he/she is on duty or not.

Qualcomm:

Omnitracs (a.k.a. Qualcomm) is a satellite-based messaging system with built-in GPS capabilities built by Qualcomm. It has a small computer screen and keyboard and is tied into the truck’s computer. It allows trucking companies to track where the driver is at, monitor the truck, and send and receive messages with the driver – similar to email.

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
J Johns's Comment
member avatar

Someone pointed out elsewhere that you can email those logs to yourself. It doesn't sound like it'll help you with this trainer, but maybe it'll help someone else.

If I understood correctly, one could potentially email onesself a copy every time a new entry is made, and that way have proof of later tampering by an Incorrigible Third Party.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Truckin Along With Kearse's Comment
member avatar

This is something that happens a lot. Many drivers and trainers will take them or the student to off duty if you are sitting in traffic. When you go under a certain. Speed the QC doesn't catxh it as driving so you are able to change it. Many will set to off duty as soon as they get to a customer and won't go back until they are driving agAin. It's all about the 70 hour cloxk

On my last drive with my permit my trainer changed me to off duty to give me my 30 min while in traffic. I drove for 9 hours and was totally exhausted. I told him three times I needed to shut down. When I finally insisted and pull into a rest stop I hit a trailer. It was my fault cause I should have parked sooner and refused to drive.

Do what is best for you. do u have a permit or license?

G-Town's Comment
member avatar

I can only compare this the the e-log system I have on the QC. In order for your trainer to log you in as the "driver" he needs your password and driver code. Same thing for approving your logs.

Yes he can log you off without your pw, but logging in, not so at least with how it works on my QC.

Scott O.'s Comment
member avatar

This is something that happens a lot. Many drivers and trainers will take them or the student to off duty if you are sitting in traffic. When you go under a certain. Speed the QC doesn't catxh it as driving so you are able to change it. Many will set to off duty as soon as they get to a customer and won't go back until they are driving agAin. It's all about the 70 hour cloxk

On my last drive with my permit my trainer changed me to off duty to give me my 30 min while in traffic. I drove for 9 hours and was totally exhausted. I told him three times I needed to shut down. When I finally insisted and pull into a rest stop I hit a trailer. It was my fault cause I should have parked sooner and refused to drive.

Do what is best for you. do u have a permit or license?

This is the best answer... Its all about that 70... What your trainer is doing is saving your 70 but changing your in duty to off duty to five you the most drive time... Is it legal no do a lot of truckers do it yes...

Many times on this forum you will read about shutting down at a shipper or receiver and not starting your time until you are ready to roll.. That's how you make miles and money...

Shipper:

The customer who is shipping the freight. This is where the driver will pick up a load and then deliver it to the receiver or consignee.

murderspolywog's Comment
member avatar

David thanks for explaning. So first off I would talk to safety and try to find out what you need to do to correct the log violation or see if they even track them at this point. The only way the DOT will know is if they do an audit of the company or wright you a ticket for it. Second I would get I bb the prossses of editing your logs and aproving them your self, faster than your trainer dose. Do you drive teams with him or solo. I would not worry to much about his loging habbits. Lots of drivers if there is a way will figer out how to get one up on the system. The next thing I see all the time and this gose to all students. Is there way to trusting of there trainers and I tell them it's your licesens your the one resposible for it. If your trainer has you do something un safe it is YOUR responsibility to stop and become safe. Now if The trainer sees you doing something un safe it's there respisiblty to bring it to your attention. David I hope this helps some, also awesome pipe. Who makes it?

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

Page 1 of 1

New Reply:

New! Check out our help videos for a better understanding of our forum features

Bold
Italic
Underline
Quote
Photo
Link
Smiley
Links On TruckingTruth


example: TruckingTruth Homepage



example: https://www.truckingtruth.com
Submit
Cancel
Upload New Photo
Please enter a caption of one sentence or less:

Click on any of the buttons below to insert a link to that section of TruckingTruth:

Getting Started In Trucking High Road Training Program Company-Sponsored Training Programs Apply For Company-Sponsored Training Truck Driver's Career Guide Choosing A School Choosing A Company Truck Driving Schools Truck Driving Jobs Apply For Truck Driving Jobs DOT Physical Drug Testing Items To Pack Pre-Hire Letters CDL Practice Tests Trucking Company Reviews Brett's Book Leasing A Truck Pre-Trip Inspection Learn The Logbook Rules Sleep Apnea
Done
Done

0 characters so far - 5,500 maximum allowed.
Submit Preview

Preview:

Submit
Cancel

Join Us!

We have an awesome set of tools that will help you understand the trucking industry and prepare for a great start to your trucking career. Not only that, but everything we offer here at TruckingTruth is 100% free - no strings attached! Sign up now and get instant access to our member's section:
High Road Training Program Logo
  • The High Road Training Program
  • The High Road Article Series
  • The Friendliest Trucker's Forum Ever!
  • Email Updates When New Articles Are Posted

Apply For Paid CDL Training Through TruckingTruth

Did you know you can fill out one quick form here on TruckingTruth and apply to several companies at once for paid CDL training? Seriously! The application only takes one minute. You will speak with recruiters today. There is no obligation whatsoever. Learn more and apply here:

Apply For Paid CDL Training

About Us

TruckingTruth was founded by Brett Aquila (that's me!), a 15 year truck driving veteran, in January 2007. After 15 years on the road I wanted to help people understand the trucking industry and everything that came with the career and lifestyle of an over the road trucker. We'll help you make the right choices and prepare for a great start to your trucking career.

Read More

Becoming A Truck Driver

Becoming A Truck Driver is a dream we've all pondered at some point in our lives. We've all wondered if the adventure and challenges of life on the open road would suit us better than the ordinary day to day lives we've always known. At TruckingTruth we'll help you decide if trucking is right for you and help you get your career off to a great start.

Learn More