8.802 — FAILURE TO PROVIDE TRAVEL LOGS UPON REQUEST

Violations of "Statute 8.802" results in an Infraction and a fine of $600

(a) Definitions

Failure to provide travel logs upon request refers to the refusal or failure of a commercial vehicle operator to produce their travel logbook or electronic logging device (ELD) records when required by law enforcement or transportation authorities during an inspection or investigation. This includes situations where the driver either neglects to carry the required travel logs or deliberately refuses to provide them.

(b) Elements

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

The defendant was operating a commercial vehicle that is subject to travel log regulations.
The defendant was requested by a law enforcement officer or transportation authority to provide their travel logs or ELD records for inspection.
The defendant knowingly failed to provide the requested travel logs or ELD data, either by refusing to do so or by not having the records available for inspection.
The defendant was legally required to have the travel logs or ELD data available at the time of the request.

(c) Defenses

Defenses against a charge of failure to provide travel logs upon request may include:

The travel logs or ELD records were temporarily unavailable due to circumstances beyond the defendant's control (e.g., technical failure, logs not being accessible at the moment).
The defendant was not in possession of the required logs due to an honest mistake or oversight, with no intent to evade inspection.
The defendant can show that the request for the logs was made outside the legal scope or timing, such as not during an inspection period or outside of operating hours.

(d) Aggravating Factors

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

The defendant's repeated failure to provide travel logs upon request, showing a pattern of non-compliance or deliberate evasion of inspections.
The failure to provide travel logs was associated with a serious safety concern, such as exceeding driving hours or violations of other critical regulations.
The defendant had prior violations related to travel log non-compliance or similar offenses.

(e) Exemplary Areas

Failure to provide travel logs upon request is typically encountered in the following circumstances:

During routine roadside inspections by law enforcement officers or at weigh stations where drivers must submit their travel logs or ELD records.
When a commercial driver is involved in a traffic incident or accident, and their failure to provide logs hinders the investigation of the event.
In situations where authorities suspect the driver is evading regulations such as hours-of-service restrictions, and the lack of travel logs raises concerns about non-compliance.

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(a) Definitions

(b) Elements

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

The defendant was operating a commercial vehicle that is subject to travel log regulations.

The defendant was requested by a law enforcement officer or transportation authority to provide their travel logs or ELD records for inspection.

The defendant knowingly failed to provide the requested travel logs or ELD data, either by refusing to do so or by not having the records available for inspection.

The defendant was legally required to have the travel logs or ELD data available at the time of the request.

Defenses against a charge of failure to provide travel logs upon request may include:

The travel logs or ELD records were temporarily unavailable due to circumstances beyond the defendant's control (e.g., technical failure, logs not being accessible at the moment).

The defendant was not in possession of the required logs due to an honest mistake or oversight, with no intent to evade inspection.

The defendant can show that the request for the logs was made outside the legal scope or timing, such as not during an inspection period or outside of operating hours.

(d) Aggravating Factors

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

The defendant's repeated failure to provide travel logs upon request, showing a pattern of non-compliance or deliberate evasion of inspections.

The failure to provide travel logs was associated with a serious safety concern, such as exceeding driving hours or violations of other critical regulations.

The defendant had prior violations related to travel log non-compliance or similar offenses.

(e) Exemplary Areas

Failure to provide travel logs upon request is typically encountered in the following circumstances:

During routine roadside inspections by law enforcement officers or at weigh stations where drivers must submit their travel logs or ELD records.

When a commercial driver is involved in a traffic incident or accident, and their failure to provide logs hinders the investigation of the event.

In situations where authorities suspect the driver is evading regulations such as hours-of-service restrictions, and the lack of travel logs raises concerns about non-compliance.