Mojave Log Book Violation Attorney Toll-Free 1-877-617-4486
If you have been cited for a log book violation in Kern County Superior Court Mojave,
we can help. For well over 15 years we have been fighting ticket for log violations that
are issued by the CHP in Mojave Court The California Statutes that govern the subject
are as follows:
§ 34501.4. Presumption of exceeding hours of service limitations based on
Any driver subject to the hours of service limitations and logbook requirements of this division, who is unable
to produce upon request of a representative of the department any driver's logbook or is only able to produce
an incomplete driver's log book for the prior 24–hour period, is rebuttably presumed to be in violation of the
hours of service limitations in Sections 34501 and 34501.2.
Despite the law in the area, Mojave Log Book violation attorney Bruce Blythe has successfully defended more
of these violations than any other lawyer in Kern County. He understands that the consequences of one of
these tickets on your record can result in the loss of your employment. Therefore, he fights and wins these
citations in Court.
§ 34501.2. Regulations; Required provisions
(a) The regulations adopted under Section 34501 for vehicles engaged in interstate or intrastate commerce
shall establish hours–of–service regulations for drivers of those vehicles that are consistent with the hours–
of–service regulations adopted by the United States Department of Transportation in Part 395 of Title 49 of
the Code of Federal Regulations, as those regulations now exist or are hereafter amended.
(b) The regulations adopted under Section 34501 for vehicles engaged in intrastate commerce that are not
transporting hazardous substances or hazardous waste, as those terms are defined by regulations in
Section 171.8 of Title 49 of the Code of Federal Regulations, as those regulations now exist or are hereafter
amended, shall have the following exceptions:
(1) The maximum driving time within a work period shall be 12 hours for a driver of a truck or truck tractor,
except for a driver of a tank vehicle with a capacity of more than 500 gallons transporting flammable liquid,
who shall not drive for more than 10 hours within a work period.
(2) No motor carrier shall permit or require a driver to drive, nor shall any driver drive, for any period after
having been on duty for 80 hours in any consecutive eight days.
(3) A driver employed by an electrical corporation, as defined in Section 218 of the Public Utilities Code, a
gas corporation, as defined in Section 222 of that code, a telephone corporation, as defined in Section 234 of
that code, a water corporation, as defined in Section 241 of that code, or a public water district as defined in
Section 20200 of the Water Code, may be permitted or required to drive more than the number of hours
specified in subdivision (a) while operating a public utility or public water district vehicle during the emergency
restoration of service.
(4) Any other exceptions applicable to drivers assigned to governmental fire suppression and prevention, as
determined by the department.
(5) A driver employed by a law enforcement agency, as defined in Section 390.3(f)(2) of Title 49 of the Code of
Federal Regulations, as that section now exists or is hereafter amended, during an emergency or to restore
the public peace.
(c) The regulations adopted under Section 34501 for vehicles engaged in the transportation of farm products
in intrastate commerce shall include all of the following provisions:
(1) A driver employed by an agricultural carrier, including a carrier holding a seasonal permit, or by a private
carrier, when transporting farm products from the field to the first point of processing or packing, shall not
drive for any period after having been on duty 16 hours or more following eight consecutive hours off duty and
shall not drive for any period after having been on duty for 112 hours in any consecutive eight–day period,
except that a driver transporting special situation farm products from the field to the first point of processing or
packing, or transporting livestock from pasture to pasture, may be permitted, during one period of not more
than 28 consecutive days or a combination of two periods totaling not more than 28 days in a calendar year,
to drive for not more than 12 hours during any workday of not more than 16 hours. A driver who thereby
exceeds the driving time limits specified in paragraph (2) of subdivision (b) shall maintain a driver's record of
duty status, and shall keep a duplicate copy in his or her possession when driving a vehicle subject to this
chapter. These records shall be presented immediately upon request by any authorized employee of the
department, or any police officer or deputy sheriff.
(2) Upon the request of the Director of Food and Agriculture, the commissioner may, for good cause,
temporarily waive the maximum on–duty time limits applicable to any eight–day period when an emergency
exists due to inclement weather, natural disaster, or an adverse economic condition that threatens to disrupt
the orderly movement of farm products during harvest for the duration of the emergency. For purposes of this
paragraph, an emergency does not include a strike or labor dispute.
(3) For purposes of this subdivision, the following terms have the following meanings:
(A) “Farm products” means every agricultural, horticultural, viticultural, or vegetable product of the soil, honey
and beeswax, oilseeds, poultry, livestock, milk, or timber.
(B) “First point of processing or packing” means a location where farm products are dried, canned, extracted,
fermented, distilled, frozen, ginned, eviscerated, pasteurized, packed, packaged, bottled, conditioned, or
otherwise manufactured, processed, or preserved for distribution in wholesale or retail markets.
(C) “Special situation farm products” means fruit, tomatoes, sugar beets, grains, wine grapes, grape
concentrate, cotton, or nuts.
We represent all drivers for log book violations, we can go to Court for you to keep the
points off your driving record. As local Lawyers, we can negotiate the best possible
disposition to save your job and your drivers license and can also clear any failure to
appear in kern county court.