This blog post is a compilation of insider tips about logbook violations and how to avoid them—from our commercial drivers’ traffic ticket team that frequently handle tickets in Nevada County.
We’ll also describe what you should do to possibly keep them off your CA motor vehicle driving record (MVR) and your FMCSA Pre-employment Screening Program (PSP) record.
All moving violation paid fines and convictions are assessed Negligent Operator Treatment System (NOTS) points in CA, and then the DMV forwards the record to the FMCSA, where Compliance, Safety, and Accountability (CSA) points are assessed and filed in the driver and carriers’ records.
Download our e-book, Protecting Your Commercial Driver License.
However, not all logbook violations are moving violations, ask a traffic attorney.
Although a high percentage of logbook violations, particularly since the mandated Electronic Logging Device (ELD), are minor mistakes or Form and Manner violations, some commercial vehicle logbook violations can be classified as misdemeanors.
Do your Daily Vehicle Inspection Report (DVIR) and then check the ELD’s Form & Manner entries before the start of every trip to avoid logbook violations.
In many jurisdictions, falsifying logbook entries or failing to maintain accurate records can lead to misdemeanor charges, which can result in fines, jail time or probation, and a criminal record.
Likewise, logbook mistakes that put the driver over the Hours of Service mandate could result in the driver being served with an Out of Service (OOS) Order, and they can’t move their commercial motor vehicle (CMV) until they have the required off-duty time.
Penalties for falsifying logbook entries can include a fine, driver disqualifications or suspension, misdemeanor charges, and a scar on your safe driving record..
Logbook Violations Insider Tips
Avoiding a logbook violation at the weigh station near Truckee, CA, is not always easy. Many commercial drivers pass through the I-80 corridor in Nevada County without realizing how critical the accuracy of their logs is until it’s too late, especially for new commercial drivers.
Protecting Your PSP Record
Often, even if you win in court, your PSP is not updated to correct the record.
Some drivers believe the violation stays on their Pre-employment Screening Program (PSP). It doesn’t have to.
You can submit a Request for Data Review (RDR) through the DOT FMCSA’s DataQ system to correct or remove violations.
“DataQs is an FMCSA system that allows users to request and track a review of Federal and State data issued by FMCSA believed to be incomplete or incorrect.”—The FMCSA DataQs.
If you hired us on your traffic ticket that is showing up on your request, we can do the data review for you!
Simple Mistakes to Avoid at the Truckee Weigh Station
While driving into the weigh station, if your cell phone is resting on top of your logs, don’t move it until you park. It could lead to a cell phone use violation. As soon as you enter the drive-up, you are on a video log, so make sure your seatbelt is fastened and don’t touch that phone.
Using DataQs to Dispute a Logbook Violation
After beating a ticket in court, take action to update your PSP. If we beat the ticket for you, let us do the challenge for you!
Use the DataQ system to file an RDR. You’ll find step-by-step instructions and tools for reviewing and correcting your record.
Drivers and carriers can use this to:
• Remove reversed citations from their PSP record
• Adjust CSA severity points for reduced charges
• Lower their fleet’s Safety Measurement System (SMS) percentile
Fleet managers should stay on top of this. Insurers often use SMS percentiles to set premiums. A single logbook violation could drive up costs, and a charge of falsifying logs could result in the FMCSA examining fleet HQ policies and procedures.
Strengthening Compliance with Legal Support
Sometimes you need help obtaining a court record or navigating DMV processes. That’s where we come in. At Bigger & Harman, we help commercial drivers resolve logbook and traffic ticket issues quickly.
Consult One of Bigger & Harman’s CDL Traffic Attorneys About Your Nevada County Ticket
If you received a logbook violation at the Truckee weigh station, we could help.
Our firm regularly appears in Truckee Courthouse and understands how to protect your driving record.
Let us work to reduce or dismiss your violations and guide you through the legal process. One mistake shouldn’t cost you your career. Reach out to Bigger & Harman today.
Contact Bigger & Harman to Resolve Logbook Violations in Truckee Traffic Court
If you’ve been accused of a logbook violation at the Truckee Weigh Station on I-80 on the Donner Pass, some are misdemeanors. Call Bigger & Harman, APC, at (661) 349-9300 — Se habla Español 349-9755.
Use our contact form or us at email attorney@biggerharmanlaw.com to request a complimentary, no-obligation consultation with one of our Nevada County traffic lawyers.
We frequently appear in Truckee Courthouse to defend CDL traffic tickets for logbook violations. We have over a decade of service to CDL holders and know how many of the law enforcement officers and the judges handle these type of cases.
Download our e-book, Protecting Your Commercial Driver License.
❓ Frequently Asked Questions (FAQ) Section
Q: Can a logbook violation be removed from my PSP record?
A: Yes, often the best option is to dispute the citation in court with the assistance of a California traffic lawyer. However, if your case was dismissed or reduced but still appears on your PSP, you can request removal through the FMCSADataQs. We can assist in obtaining documents from the DMV if needed.
Q: Are logbook violations misdemeanors?
A: Yes, some are. Particularly falsifying logs or
Q: What if I forget to switch my ELD to personal conveyance when I drive to dinner?
A: You could receive a HOS rule violation. Contact dispatch before moving and document corrections carefully. Changes to the log must be coordinated with fleet HQ.
References:
The FMCSA DataQs.
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
The DMV Portal CA Commercial Driver Handbook.