Logbook Legalities

Topic 30339 | Page 1

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Jerry S.'s Comment
member avatar

I curious about the legal side of logbooks and have a few questions. I recently heard a bizarre story from a fellow driver regarding what I feel is unfair use of information found in his logbooks.

1. Who ‘owns’ a drivers logs? 2. How much control over your logbooks can your employer have? 3. Can your employer release your logs to law enforcement without your knowledge? 4.Can information in your logs be used outside of DOT norms? Example being HOS. 5. If a law enforcement officer, other then DOT, wants to view your logs without your knowledge, do they need a search warrant? 6. If the logs belong to the driver, can his employer legally release them? 7. Can your logs be used to link you to a crime scene/area?

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.

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.
Robert B. (The Dragon) ye's Comment
member avatar

Nobody really “owns” logbooks, it’s more of a responsibility of having them and having them accurate. As a driver, you’re required by law to turn them in to your company and then they kept on file. In regards to the question of can your company give them to law enforcement, that answer is yes and there’s no warrant required. In the older days, DOT would schedule an audit with a company and then go through the logs to assure everything was in order. With the new slogs, they can go in any time they want and then assess tickets for violations found.

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.

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.

Mr. Curmudgeon's Comment
member avatar

Your logs can DEFINITELY be used to put you in a proximity of an event. The driver signs them asserting they are true. Any LEO authorized to DOT inspect can demand ti see your paper logs. ELD with GPS is easily recoverable by a simple download to email. No warrant requirement, driver has no 'Expectation of Privacy" in those records, especially once the company copy is turned in.

And for the "i can outsmart them on paper" folks, the first thing any LEO is going to be doing in the event of a serious (read fatal or bad haz) CMV crash is subpoena cell tower pings and seize any gps equipped device (including the phone). Theyll ask consent to inspect, but if refused will seize and get a warrant. The phone contents are easily destroyed, the seizure pending warrant would likely be permissible just so no search of contents occurred.

We live in an electronic age. Our footprints are everywhere. Did you know that many states now, internally anyway, spit back how many times q plate has been run in the past 10 days when a copper runs it? ILL , one of the least forward thinking states that way, has been doing it for at least 10, probably closer to 15. Including LPR tech... no hiding from 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.

CMV:

Commercial Motor Vehicle

A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:

  • Weighs 10,001 pounds or more
  • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
  • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
  • Is designed or used to transport 9 or more passengers (including the driver) for compensation
  • Is transporting hazardous materials in a quantity requiring placards

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
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