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Log Book Violations: Is the Ticket Worth Fighting?

What Is a Log Book Violation?

The Federal Motor Carrier Safety Administration (FMCSA), a division of the Federal Department of Transportation (DOT) establishes and updates the Federal Motor Carrier Safety Regulations (FMCSR) for commercial motor vehicles (CMV). These regulations are meant to minimize risks inherent in drivers that spend long hours on the road. Hence, a violation of those regulations is a log book violation.

Log books or electronic logging devices (ELD) are the methods used to ensure compliance with the hours of service (HOS) and other established standards. The ELD is a computer program attached to the vehicle’s engine to track the HOS when the vehicle was in operation, which has been mandated for implementation by December 2017. However, use of portable systems on smartphones and tablets may also be used if they are mounted where the driver can easily see these while in use.

CVC Infraction Log Book Violation

The following are log book violations that are a traffic infraction according to FMCSR and the CA Vehicle Code (CVC):

CVC

Violation

Fine

NOTS Points

2807.2

Failure to keep an Inspection Record on file for Review (CHP)

$197.00

0

34501.2 (b, c)

Driving Hours & Duty Status Limits

$238.00

1.5

34501.4

Failure to provide Driver’s Logbook (previous 24-hours)

$238.00

1.5

34506.3

Failure to comply with regulations – Driving Logs

$695.00

1.5

34510

Shipping papers not displayed (Required on Demand)

$197.00

0

For more specific information, click on the CVC number.

CVC Misdemeanor Log Book Violation

The following are log book violations that are a traffic misdemeanor according to FMCSR and the CA Vehicle Code (CVC):

CVC

Violation

Fine

NOTS Points

21702 (a, b)

10/12 consecutive hour driving limits

$485.00

1.5

31602 (a - c)

Routes, specified stopping, and license endorsements (Explosives)

$4175.00

3

31609

Inspection record (Explosives)

$4175.00

0

31611

Map of routes missing or invalid (Explosives)

$4175.00

0

31612

Carry/display shipping instructions (Explosives)

$4175.00

0

34501.3

Unlawful schedule of motor carriers

$895.00

0

34506 (a)

Failed to comply with regulation (HOS drivers)

$2125.00

1.5

Although the FMCSA publishes the standards and assists some states with education and enforcement, it is the responsibility of each state to enforce the rules and regulations. In addition, each state may require more stringent safety regulations than the FMCSR.

Consult the Judicial Council of CA Bail & Penalty Schedule and a traffic ticket attorney to assist in understanding your rights and ability to post bail to contest traffic infractions and misdemeanor violations.

Trucker Traffic Ticket Attorneys, Bigger & Harman, APC

Just as a driver may forget to log a change of duty status, a law enforcement officer (LEO) may make a mistake or overlook a technicality when writing up the ticket for what the LEO thought to be a violation of the CVC. With so many CDL holders waiting for a driving opportunity, many companies have developed a zero-defect mentality when it comes to their drivers. One traffic ticket conviction and you’re done. Don’t take the chance by going it alone, hire a reputable traffic ticket attorney to represent you.

Many other law firms practice a variety of civil and criminal offenses, at Bigger & Harman, their sole function is to protect the driving privileges of CA drivers. Bigger & Harman are particularly proud of their reputation for representing truckers and other CDL holders across several Central Valley CA counties, such as Kern, Kings, Tulare, Fresno, and other, as well as in some SoCal counties, such as LA County, Riverside, and San Bernardino. Bigger & Harman know the FMCSR and the corresponding CVC, they will fight for your rights in south-central valley courtrooms, such as Lamont, Independence, Bishop, Hanford, or Bakersfield. Call them today, 661-349-9300 for a FREE, no obligation initial consultation. Or, send an email: attorney@markbigger.com

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