Supervisor Told Me To Falsify My HOS 8 Hr Break

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Kevin P.'s Comment
member avatar

A month or so ago I had a long day and didn't clock out until almost 6 pm. My position goes in at 12:30 am so obviously there's only a 6.5 hour break there. My supervisor told me to work off the clock until my 8 hour break and then clock in.

I'm now leaving this company and they're being total dbags so I thought I would repay the favor.

Which federal and/or state agencies would like to know this information?

guyjax(Guy Hodges)'s Comment
member avatar

Can you prove it other than your word against theirs? Just saying it does not make it true in the eyes of the government. You would need to have proof that it happened.

Kevin P.'s Comment
member avatar

I have copies of my driver's log from the previous day and that day. My position goes in at 12:30 EVERY day and the day in question I didn't clock in until 2:45.

guyjax(Guy Hodges)'s Comment
member avatar

I have copies of my driver's log from the previous day and that day. My position goes in at 12:30 EVERY day and the day in question I didn't clock in until 2:45.

At this point its still your word against his. Let me show you what will be asked and see if you really want to pursue this....

You have a copy of YOUR logs which YOU filled out correct?

At this point since YOU filled out the logs and you agreed to the logs at the end of the days at which point becomes a federal document then you are saying that you purposely and knownly lied on your log book which can be a jailable offense.

See here is the point even though you were told to do it YOU had a choice to either do it or not and you choose to lie on a DOT record. So do you really want to pursue this? The only thing you have prove of is that you cheated on the Dot 8 HOS.

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.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

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.

Starcar's Comment
member avatar

Ya know...pay backs are nice, but usually, karma gets 'em better...AND you don't want them to trash your DAC...which you can't defend at all. So my advice is to just shake your head, and step on down the road to a better job and future for you. And be thankful they didn't get you tangled up in a DOT audit, cuz then you would be in the same bucket of crap they they will eventually fall into.

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.

DAC:

Drive-A-Check Report

A truck drivers DAC report will contain detailed information about their job history of the last 10 years as a CDL driver (as required by the DOT).

It may also contain your criminal history, drug test results, DOT infractions and accident history. The program is strictly voluntary from a company standpoint, but most of the medium-to-large carriers will participate.

Most trucking companies use DAC reports as part of their hiring and background check process. It is extremely important that drivers verify that the information contained in it is correct, and have it fixed if it's not.

Animal's Comment
member avatar

Animal says you're in a pickle. I mean just because you were told to do thus by a person of power or authority doesn't mean you had to do it, but you did so you got a little stain on yourself too although be it probably not knowing what else to do. Federalies don't care about supposedly not having a choice. To them it's either a you did it or you didn't do it thing. They're kinda cut and dried like that. They don't give a care as to the why. That was always the problem in the old run the roads days. We couldn't whine to the Feds about being pushed because their response was: "Well why'd you do it if it was unsafe? I'll get them, but I'm gonna dink you too. Was he in the cab with you or at your house with a gun to someone's head? No? OK then you shoulda said no. Here's your medicine too." I think the Old Guard "we" get it (I do), but the Feds don't and wont. Might be shooting yourself in the foot on many levels. I ran outlaw for many a year. But if you work for a Pirate it's kinda hard to fuss to the Law when he tells you to break the law or be gone. So you fudged and left. Leave it in the rearview and motor on to something better.

Animal recommends taking the High Road, parting with a smile and best wishes for them and just walking away, washing your hands of the matter and putting it in the rear view mirror unless you truly believe in your heart of hearts (the one you hear at 3 AM when you got up to pee and nobody is around but you, the man in the mirror and the man upstairs) they run their company and drivers in such a manner as to be a danger to themselves or others. That's the real question. Is vengeance and "pay back" worth the retribution? Or is this truly an unsafe company that needs to be reigned in by the Feds at some ouch to you too? Sometimes it is; sometimes it isn't. The Chinese have a saying:

"Before seeking revenge; first dig TWO graves. One for the one you will take your revenge on and one for YOU." Revenge usually does just as much harm to the giver as it does to the receiver.

Smart folks them Chinese. Been around an awful long time. Still steadily growing. Might be smart to listen to ancient wisdom no matter where it came from. Just a thought from a crazy old Animal. Don't let it bug ya. It's the Holiday. Supposed to be a good time. Make it so.

OWI:

Operating While Intoxicated

Kevin P.'s Comment
member avatar

double-quotes-start.png

I have copies of my driver's log from the previous day and that day. My position goes in at 12:30 EVERY day and the day in question I didn't clock in until 2:45.

double-quotes-end.png

At this point its still your word against his. Let me show you what will be asked and see if you really want to pursue this....

You have a copy of YOUR logs which YOU filled out correct?

At this point since YOU filled out the logs and you agreed to the logs at the end of the days at which point becomes a federal document then you are saying that you purposely and knownly lied on your log book which can be a jailable offense.

See here is the point even though you were told to do it YOU had a choice to either do it or not and you choose to lie on a DOT record. So do you really want to pursue this? The only thing you have prove of is that you cheated on the Dot 8 HOS.

We have eLogs , these weren't paper logs written out by me.

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.

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.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

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.

Kevin P.'s Comment
member avatar

Appreciate all the advice. I believe I'll just let it go.

Bill A. Parking Lot's Comment
member avatar

Appreciate all the advice. I believe I'll just let it go.

Smart move Keven. I'm not saying they are right, but please know this; a BUTT TON of smaller companies operate this way. I got my CDL old school, permit-train with a company-CDL, no formal school. Due to insurance costs I was only able to drive for less than honest companies for two years. (Now I say to new-bees to suck it up and go to a school.) My hopes of "helping them" get in line were quickly squashed! Then it was a matter of keeping MY record clean for 2 years so I could move on. These guys are usually desperate and want drivers to break laws because they are near going out of business. They can not run the business end of things even if they were good truckers at one time in the past. As others said, you already documented what he wanted. Just the fact that you are leaving will resolve your problems. You are paid to drive a truck and that is enough responsibility for most people. I don't think you need the hassle of trying to be a cop, lawyer, and FMCSA enforcement officer without anyone paying you to do so. Being a cop of any kind is not your job. In many ways the rules set for the "masses" suck and even make driving more dangerous, and yet they need systems to at least try to keep the roads safe. They, (the government) have strung a very long and complicated web to keep the public safe, grow and create jobs/job security withing their departments, and keep politicians looking as if they are actually earning what we pay them. I'd say any person smart enough to keep out of that mix and just drive the truck from point A to point B in a safe manner is a smart cookie. Support safe and reasonable practices and laws by researching organizations you like. I'm a member of Truth in Trucking and OOIDA for that reason. They continue to stand up for us in ways that keep us alive and earning a better wage every day and are professionals. They are paid to stand up for us and know how to do so better than we do. In a perfect world your employer will have no choice but to conform to necessary laws, not be shut down, and become a respectable provider of jobs in this incredible country we live in. I'd say leave it alone and contribute to organizations you feel will represent you in a solid and professional way. Don't go away mad, just go away educated!

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.

CSA:

Compliance, Safety, Accountability (CSA)

The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle

FMCSA:

Federal Motor Carrier Safety Administration

The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.

What Does The FMCSA Do?

  • Commercial Drivers' Licenses
  • Data and Analysis
  • Regulatory Compliance and Enforcement
  • Research and Technology
  • Safety Assistance
  • Support and Information Sharing

Fm:

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.

OOIDA:

Owner-Operator Independent Drivers Association

Who They Are

OOIDA is an international trade association representing the interests of independent owner-operators and professional drivers on all issues that affect truckers. The over 150,000 members of OOIDA are men and women in all 50 states and Canada who collectively own and/or operate more than 240,000 individual heavy-duty trucks and small truck fleets.

Their Mission

The mission of OOIDA is to serve owner-operators, small fleets and professional truckers; to work for a business climate where truckers are treated equally and fairly; to promote highway safety and responsibility among all highway users; and to promote a better business climate and efficiency for all truck operators.

guyjax(Guy Hodges)'s Comment
member avatar

double-quotes-start.png

double-quotes-start.png

double-quotes-start.png

I have copies of my driver's log from the previous day and that day. My position goes in at 12:30 EVERY day and the day in question I didn't clock in until 2:45.

double-quotes-end.png

double-quotes-end.png

At this point its still your word against his. Let me show you what will be asked and see if you really want to pursue this....

You have a copy of YOUR logs which YOU filled out correct?

At this point since YOU filled out the logs and you agreed to the logs at the end of the days at which point becomes a federal document then you are saying that you purposely and knownly lied on your log book which can be a jailable offense.

See here is the point even though you were told to do it YOU had a choice to either do it or not and you choose to lie on a DOT record. So do you really want to pursue this? The only thing you have prove of is that you cheated on the Dot 8 HOS.

double-quotes-end.png

We have eLogs , these weren't paper logs written out by me.

Which makes it all the worst brother because the Elogs are supposed to be cheat proof and makes it look like its all on you. Best case walk away with a lesson learned.

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.

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.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

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.

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