Trucking: illegal log book???, bob stephens, running light

Question
This morning my husband was coming down the off ramp to get on the interstate, at the bottom were 2 DOT cars he was pulled over for following to close. After stopping him doing an inspection and pulling only the previous days log, they wrote him a citation for following to close and illegal log book. They claim his trip should take 8.5 hours and his logs say 7.5. Myself and the company have checked every map we can find and none of the directions are over 7.5 hours. Not only did they write him the tickets but because of the illegal log book they are making him sit in FL until 4:30pm. My question is this, can they charge him with the illegal log book, and if so can they also make him sit there until 4:30? This has taken place in Miami FL.

Answer
Hi Carri.

Well, for starters, the DOT can shut him down (and cite him) as they see fit and, yes, they can go back two weeks in his log book.  I've seen guys shut down for having a running light out.  You hear of guys getting their truck impounded and having to wait until their court date before they can get it back, so sitting until 4:30 isn't the end of the world.

My advice would be to have him go quitely on his way at 4:30 then contact an Attorney specializing in trucking.  You can find them at www.ooida.com.  They can help give you advice on your case.  The rule of thumb is to always log 5 mph under the speed limit.  If he drives 550 miles and it is a 55 mph zone for truckers, it should take him 11 hours, not 10.  In Miami, there is always terrible traffic.  Even though on a map it says 7.5 hours, I bet the officers are counting on the fact that there is no way he could of gotten through the traffic at the speed his log book is telling, in under 8.5 hours.

Like I said before, check with an Attorney and fight the case.

Good luck!

Bob Stephens