Falsified Logs vs. Not Current: DOT Violation Differences

Introduction

Navigating DOT compliance can feel like traversing a minefield, especially when it comes to record-keeping. Two common violations, "falsified record of duty status" and "record of duty status not current," often cause confusion. While both relate to a driver's logbook or Electronic Logging Device (ELD), they carry significantly different implications.

In this post, we'll break down the critical distinctions between these violations, explaining what they mean, the potential consequences, and how to avoid them. Understanding these differences can save you from hefty fines, legal troubles, and a tarnished safety record.

Key Takeaways:

• Falsifying logs is an intentional act of deception, while a "not current" log is often an oversight.
• Falsification can lead to criminal prosecution, while a "not current" violation typically results in fines.
• Staying informed and implementing robust training programs are crucial for compliance.

Falsified Record of Duty Status: A Deliberate Deception

What It Means

A "falsified record of duty status" violation occurs when a driver knowingly and intentionally enters false information into their record of duty status (RODS), whether it's a traditional logbook or an ELD. This isn't a simple mistake; it's a deliberate attempt to misrepresent their driving hours and compliance with hours-of-service (HOS) regulations.

Examples of Falsification

• Recording Driving Time as Off-Duty: A driver might log driving time as "off-duty" to appear compliant with HOS rules, even though they were actively behind the wheel.
• Altering Hours: Changing the start or end times of driving periods to mask violations.
• Creating False Entries: Inventing rest breaks or off-duty periods that never occurred.
• Using Another Driver's Log: Presenting a logbook or ELD record that belongs to someone else.

Consequences of Falsification

Falsifying RODS is a serious offense with significant repercussions for both the driver and the carrier.

• Legal Penalties: According to 49 CFR § 395.8(e), making false reports exposes both the driver and the carrier to liability and possible criminal penalties.
• Fines and Civil Penalties: Substantial fines can be levied against both the driver and the company.
• Imprisonment: In severe cases, drivers and company officials could face jail time.
• Negative Impact on Safety Rating: A falsification violation can severely damage a carrier's safety rating, leading to increased scrutiny and potential loss of business.

Actionable Advice: Preventing Falsification

1. Implement a Zero-Tolerance Policy: Clearly communicate to all drivers that falsifying logs will not be tolerated and will result in disciplinary action, up to and including termination.
2. Provide Comprehensive Training: Ensure drivers are thoroughly trained on HOS regulations, proper logging procedures, and the ethical implications of falsification.
3. Regular Audits: Conduct regular internal audits of driver logs to identify discrepancies and potential falsification attempts.
4. ELD Implementation: While ELDs can be manipulated, they generally provide a more accurate and verifiable record of driving time compared to paper logs. Ensure drivers are properly trained on using the ELD system.
5. Foster a Culture of Compliance: Create a company culture that prioritizes safety and compliance over speed and profits. Encourage drivers to report any pressure to violate HOS rules.

Driver Record of Duty Status Not Current: An Oversight

What It Means

A "driver record of duty status not current" violation occurs when a driver fails to update their RODS to reflect their most recent change in duty status. This means the logbook or ELD doesn't accurately reflect their current activities.

Examples of "Not Current" Violations

• Failing to Update After Starting a New Shift: A driver begins their workday but forgets to log in and indicate their "on-duty" status.
• Not Recording Breaks: A driver takes a required break but neglects to update their logbook or ELD.
• Forgetting to Change Status After Driving: A driver finishes a driving segment but doesn't change their status from "driving" to "on-duty, not driving" or "off-duty."
• Incorrectly Recording Location: Not updating the location on the logbook or ELD at the beginning or end of a duty status change.

Consequences of "Not Current" Violations

While less severe than falsification, a "not current" violation can still lead to enforcement action and penalties.

• Fines: Drivers can receive fines for failing to keep their logs up-to-date.
• CSA Points: The violation can result in points against the driver's and the carrier's Compliance, Safety, Accountability (CSA) scores.
• Increased Scrutiny: Repeated "not current" violations can trigger more frequent audits and inspections.

Actionable Advice: Keeping Logs Current

1. Establish a Routine: Encourage drivers to develop a habit of updating their logs immediately after each change in duty status.
2. Utilize ELD Reminders: Most ELDs have reminder features that can prompt drivers to update their logs at regular intervals or after specific events (e.g., after driving for a certain period).
3. Provide Clear Instructions: Ensure drivers understand the proper procedures for updating their logs, whether using paper logs or an ELD.
4. Regularly Review Logs: Supervisors should periodically review driver logs to identify any patterns of "not current" violations and provide corrective training.
5. Promote a Proactive Approach: Encourage drivers to take ownership of their log-keeping responsibilities and to view accurate logs as an essential part of their job.

Key Differences Summarized

| Feature | Falsified Record of Duty Status | Record of Duty Status Not Current | | --------------------------- | ---------------------------------------------------------------- | ---------------------------------------------------------------- | | Intent | Intentional deception | Oversight or neglect | | Severity | Serious offense | Less severe | | Potential Penalties | Criminal prosecution, fines, imprisonment, safety rating impact | Fines, CSA points, increased scrutiny | | Underlying Regulation | 49 CFR § 395.8(e) | 49 CFR § 395.8(d) | | Common Cause | Pressure to meet deadlines, avoid HOS violations | Lack of attention, poor habits, inadequate training |

Conclusion

Understanding the difference between a falsified record of duty status and a record of duty status not current is crucial for maintaining DOT compliance and ensuring safety on the road. While both violations can lead to penalties, falsification is a far more serious offense with potentially severe consequences. By implementing robust training programs, fostering a culture of compliance, and utilizing technology effectively, carriers can minimize the risk of both types of violations and protect their drivers, their business, and the public.

Call to Action

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Further Reading

• Driver's Record of Duty Status (FMCSA Safety Planner)
• 49 CFR § 395.8 - Driver's record of duty status
• Driver Logs and Record of Duty Status FAQs - DOTReady
• Driver's record of duty status - J. J. Keller® Compliance Network