8.801 — FALSIFICATION OF TRAVEL LOGS

Violations of "Statute 8.801" results in an Class D Misdemeanor

---

(a) Definitions

Falsification of travel logs refers to the intentional alteration, fabrication, or omission of information in a commercial vehicle’s travel logbook or electronic logging device (ELD). This includes providing false or misleading records about driving hours, rest periods, or other required travel information with the intent to deceive transportation authorities or law enforcement.

(b) Elements

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

• The defendant was operating a commercial vehicle.

• The defendant knowingly falsified information in a travel log or ELD, including but not limited to altering driving hours, rest periods, or vehicle status.

• The defendant intentionally misrepresented or omitted required travel log data to conceal violations or to comply with regulations falsely.

• The defendant had knowledge that the falsified travel log was subject to inspection by law enforcement or transportation authorities.

(c) Defenses

Defenses against a charge of falsification of travel logs may include:

• The defendant unintentionally made an error or clerical mistake in the travel log that was not intended to deceive.

• The log was altered or falsified by someone else, without the defendant's knowledge or consent.

• The defendant can provide evidence that the falsified logs were the result of technical errors or malfunctions in the electronic logging device, with no intent to deceive.

(d) Aggravating Factors

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

• The defendant falsified travel logs repeatedly or over a long period of time, showing a pattern of fraudulent activity.

• The falsification of travel logs directly contributed to a serious safety violation, such as an accident due to driver fatigue or excessive driving hours.

• The defendant has a history of violations related to falsifying or altering transportation records.