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Driver's log book and speed limits.
Question:
Many moons ago there was a great debate regarding false logs and speed limits. As best as memory can recall one person asked something to the effect of: SCN, PK, Zig does the question ring a bell? Getting old, it’s been a year or two and I can’t remember exactly who posed the question. However, the great debate was heated and I don't believe I properly addressed the issue with a qualifying response. In the many moons that have passed I have learned intricate details of the FMCSR and now have a qualifying answer. A driver that logs 57 mph in a 55 mph state would be cited under Part 392.2 Many argue that an officer from one state can't cite a driver for a violation in another state. I'm not sure about that, a person would have to consult an attorney as each state has adopted different portions of the FMCSR and who is allowed to apply motor carrier safety regulations. However, six months later while the log is being examined at the carrier's place of business by the FMCSA is where a driver is susceptible to speeding (or false log issues) from the previous six months. PC Miler has an option that allows road speeds to be plugged in. By using tools from the Internet such as Insurance Institute State Speed Limits Effective 07/01/2003 an investigator can plug in a drivers route, use the shortest distance option and walla minimum driving time from point "A" to point "B" The driver says wait a minute I didn’t drive that route. The response is; this is the shortest route, if you didn’t take the shortest route which route did you take? Ever see a person hang their self with a little help? Careful how you reply, you may be in deeper than you started. Let sleeping dogs lie if you know what I mean. Drivers often log miles and not driving time. While the overall driving time from point "A" to point "B" is OK the problems occur when the fuel stop or other stop in route was guesstimated and a speeding violation occurs at some stop in between point "A" and point "B" So folks, please log driving time not miles. More and more drivers are loosing their freedom because the driver tried to play the silly game of catch-me-if-you-can. Effective June 2003 every FMCSA safety investigator has to do a minimum of 32 Level 1 or Level 5 roadside inspections every year. So now you have Federal people working roadside applying the FMCSR to every inch of a trip. Yes Virginia there is a Santa Clause and a Federal inspector can cite you for speeding in New York if you are in California. Be safe."If men were angels...No government would be necessary." 51st Federalist Papers "Nichols' Fourth Law says, "Avoid any action with an unacceptable outcome" Answer: Just add this one to the "How you can get busted....Let Us Count the ways file. " Answer: uturn, that's a GOOD title for a NEW Thread. Answer: JQP, that's the problem I had with a few carriers I drove for.... They wanted me to always log 5mph Under the speed limit of every state ...I Refused! If I did it that way, my miles would NOT match my TIME....it was best to Log it Like I Did It.(whatever that turned out to be...as long as I was NOT speeding.) Answer: JQP - Here's a question in light of what you have posted.. A company has trucks governed at a set speed (65 mph) and a driver has one of those rare days where he can run at the governed speed, averaging 62 mph, running in states where the legal speed is 65 or greater. However, his company has the policy that a driver can only average 59 mph. If the driver logs it like he drove it, then he's in trouble with the company. If he logs it to make the company happy, he's in trouble with the Feds... Guidance? Opinion? Thanks....I ride for those who can't! POW/MIA - You are NOT forgotten!! Lead, Follow or get out of my way!!! Copyright ? 2006 - 2007 www.thankhealth.com Privacy Policy
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