Lately drivers have received road-side violations in Wisconsin, for signing their log before the day is over. The actual regulation 395.8 (7) states that drivers must sign their logs; certifying that all entries are true and correct; however, it seems Wisconsin Troopers are enforcing an interpretation of Part 395.8, which states that “the driver must sign the record of duty status after all required entries have been made on the log for the 24 hour period.” The interpretation goes on to say; “if the driver is driving at the end of the 24-hour period, he/she must sign during the next stop; and a driver may also sign the log upon going off duty, if he/she expects to remain off duty until the end of the 24-hour period.”
We tried contesting these violations through the DATA-Q system, but we were over ruled because Wisconsin is standing firm on the interpretation.
Our advice is that drivers DO NOT SIGN their logs until the end of the 24 hour period.
If you receive a violation for not signing your log before the end of the 24-hour period – we want to know!!! We’ll do our best to make certain all States are consistent in this interpretation.
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Friday, August 22, 2008
Post Accident Federal Drug/Alcohol Testing
Did You Know?
Nearly every week we get a call asking; “One of our drivers was involved in an accident, do we need to drug test?”
Here’s a quick reference guide found in 382.303 Post-accident testing, that should be very helpful:
Accident type: HUMAN FATALITY
CMV Driver Received A Citation? - YES
Carrier Required to Test? - YES
Accident type: HUMAN FATALITY
CMV Driver Did NOT Receive Citation
Carrier Required to Test? - YES
Accident Type: Bodily injury with immediate medical treatment away from the scene
CMV Driver Received A Citation? - YES
Carrier Required to Test? - YES
Accident Type: Bodily injury with immediate medical treatment away from the scene
CMV Driver Did NOT Receive a Citation
Carrier Required to Test? - NO
Accident Type: Disabling damage to any motor vehicle requiring tow away
CMV Driver Received A Citation? - YES
Carrier Required to Test: - YES
Accident Type: Disabling damage to any motor vehicle requiring tow away
CMV Driver Did NOT Receive a Citation
Carrier Required to Test? - NO
Remember, IF a driver needs testing, you must test for breath alcohol within the first two hours, or document why not and cease to test after eight hours. Controlled substance tests must be accomplished within 32 hours.
Carriers may elect to have a non-federal program in place, under policy, which allows them to test after all accidents on a non-federal chain.
Nearly every week we get a call asking; “One of our drivers was involved in an accident, do we need to drug test?”
Here’s a quick reference guide found in 382.303 Post-accident testing, that should be very helpful:
Accident type: HUMAN FATALITY
CMV Driver Received A Citation? - YES
Carrier Required to Test? - YES
Accident type: HUMAN FATALITY
CMV Driver Did NOT Receive Citation
Carrier Required to Test? - YES
Accident Type: Bodily injury with immediate medical treatment away from the scene
CMV Driver Received A Citation? - YES
Carrier Required to Test? - YES
Accident Type: Bodily injury with immediate medical treatment away from the scene
CMV Driver Did NOT Receive a Citation
Carrier Required to Test? - NO
Accident Type: Disabling damage to any motor vehicle requiring tow away
CMV Driver Received A Citation? - YES
Carrier Required to Test: - YES
Accident Type: Disabling damage to any motor vehicle requiring tow away
CMV Driver Did NOT Receive a Citation
Carrier Required to Test? - NO
Remember, IF a driver needs testing, you must test for breath alcohol within the first two hours, or document why not and cease to test after eight hours. Controlled substance tests must be accomplished within 32 hours.
Carriers may elect to have a non-federal program in place, under policy, which allows them to test after all accidents on a non-federal chain.
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