Trucking: OOS

Question
A driver is written up for a 395.8(e). Did the officer have to put him OOS for 10 hours or was that his option. Officer comment was "False report of drivers record of duty status-leaves Pendleton, KY at 6:45am and stopped at 8:15AM-CT at Wilmington, OH scales 120 miles in 1-1/2 hours.

Answer
Woody;

The penalty for a False Log violation comes directly from the North American OOS Criteria book.  

 (6). False Record of Duty Status

  A required record of duty status does not accurately reflect the drivers actual activities and duty status in an apparent attempt to conceal a violation of an hours of service limitation.  ( 395.8e).   DECLARE DRIVER OUT-OF-SERVICE FOR 10 CONSECUTIVE HOURS.


The officer did not have the discretion to do otherwise.


Hope this helps.


Andy