8.800 — FAILURE TO MAINTAIN TRAVEL LOGS OF A COMMERCIAL VEHICLE

Violations of "Statute 8.800" results in an Infraction and a fine of $350

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(a) Definitions

Failure to maintain travel logs of a commercial vehicle refers to the violation of regulations requiring drivers of commercial vehicles to accurately record their driving hours, rest periods, and other essential travel information in a logbook or electronic logging device (ELD). These logs are crucial for ensuring that commercial drivers comply with rest and driving hour regulations set by transportation authorities.

(b) Elements

To establish the offense of failure to maintain travel logs, the prosecution must prove beyond a reasonable doubt the following elements:

• The defendant was operating a commercial vehicle.

• The defendant failed to maintain or properly record required travel information in a logbook or ELD.

• The failure to maintain the travel logs was deliberate, or the defendant failed to provide the required records when requested by a law enforcement officer or other authorized official.

• The defendant’s commercial vehicle was subject to regulations requiring the maintenance of travel logs.

(c) Defenses

Defenses against a charge of failure to maintain travel logs may include:

• The defendant inadvertently forgot to update or maintain the log due to extenuating circumstances, such as equipment failure.

• The travel log was maintained but was not immediately available due to technical or administrative reasons.

• The defendant was not operating the commercial vehicle in a manner that required the maintenance of a travel log, such as operating in a jurisdiction or under an exemption that did not require the logs.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

• The defendant repeatedly failed to maintain travel logs over an extended period, indicating a pattern of non-compliance.

• The failure to maintain travel logs led to violations of hours-of-service regulations, resulting in safety hazards or accidents.

• The defendant has prior offenses related to commercial vehicle operation, including violations of logbook or hours-of-service regulations.

(e) Exemplary Areas

The failure to maintain travel logs is most critical in the following areas:

• During commercial vehicle inspections at weigh stations or roadside checks.

• In situations where the commercial vehicle was involved in a traffic accident or safety violation, especially when driver fatigue or hours-of-service regulations are a factor.

• In jurisdictions with strict enforcement of transportation laws, particularly in industries with high accident rates due to fatigued drivers.