Logging Off Duty Instead of Sleeper Berth

The problem is, if you NEVER log SB time and have ZERO receipts or proof of sleeping anywhere else, he can write you a violation based on the fact that you can't show where you slept. You are required to log what you do. And be able to prove it if necessary. When I log off duty, I'm not in the truck. I can prove that with GPS location as the truck is at my house.

 

Not explaining to the cop is not misrepresenting anything, it is just be smart. There is not any legal president that requires you to start running off at the mouth when you get pulled over, A simple I'm sorry I don't answer question, on the advise of my attorney will suffice.
Actually you do not have to tell them where you slept, Off Duty is Off Duty, past that it is none of there business.

 

I never said you have to talk to the cops, but if DOT says "You haven't showed SB in 8 days of driving, where are you sleeping?" And you sit there and don't answer questions, he can put you OOS and write you a logbook ticket for not showing SB time when you're sleeping. He can ask you for receipts of proof that you slept somewhere other than the truck, and without those, you won't win in court.

That DOT logbook is like the #### IRS. You have to be able to prove everything in it if necessary. I've heard of DOT guys making drivers who log 5 minutes of pre-trip show them that they can perform a pre-trip on their truck in 5 minutes. Can't do it? Falsification of logs.

If I EVER log SB at a shipper or receiver, I make sure to move my truck to a location not at a dock and then put in the comments "done loading/unloading, sleeping on site". That lets DOT know that it's not just off duty waiting to be loaded that I'm showing as SB, but actual sleeping while on the same site.

And this thing about not talking to the cops, well that's fine, but you're a commercial driver subject to inspection by DOT. They are allowed to ask you to verify your logs if you do something like show 8 days of not sleeping because you are driving with the PRIVILEGE of using a commercial vehicle on public roadways and complying with all DOT regs. The "don't talk to cops" thing is fine if you get pulled over for a driving violation, but not an inspection. Your CDL could be on the line. You DO have to show you haven't done anything wrong. You clam up during an inspection and DOT will bury you.

 

Why would you ever tell a cop what you were doing in the first place, it is not there business where you spend your off duty, there should not even be a discussion oh such a topic. The intent of the law is to have well rested drivers and either way that should happen.

Your wrong on so many things its ridiculous. I tell them nothing, period. I do not have to prove anything they do, and unlike you I actually have a attorney on retainer to answer such questions, and have had ticket dismissed for logging off duty, when the cop thought for sure I had to be lying, and could not prove it. The D/A tossed the ticket before it ever went to the court in Bakersfield. Not the first ticket to be tossed by Bakersfield. Just cause they write it does not mean anything. If they can't prove it it gets tossed. I'm Done with this, this is a circle of I just want to argue.

 

I log off duty, and have had no mention of it during inspections.

But, I don't want to whip it out in this DM contest, so I got nothing else.

And, absolutely don't divulge information. Answer their question, no story attached.

 

I disagree with you entirely, and I will continue to log off duty, unless I'm setting up a split-sleeper situation.

 

Yes, off duty is acceptable. It doesn't say off duty is acceptable WHEN YOU ARE IN THE SLEEPER BERTH. You are claiming that the regs say you can log off duty when you are actually in the sleeper. SHOW THAT. You haven't. The regulation only states that off duty is acceptable, as is sleeper berth, to satisfy the 10 hour requirement for a rest break. The assumption is, of course, YOU'RE ACTUALLY DOING WHAT YOU ARE LOGGING.

If you're going to quote regs, it helps to understand them.

Care to explain why a driver ON THIS FORUM got a ticket FOR DOING EXACTLY WHAT YOU SAY HE CAN DO?

 

Then you will continue to be wrong and subject to a form and manner violation. Good job. Did you even see the thread where someone got a ticket for this exact same thing?

 

Who, when and where you inspected? What DOT officer?