Violation of Transportation Law 212 is a Misdemeanor
We understand that protecting your driver’s license and your truck means everything. Our attorneys have been representing truck drivers against logbook violations for years. We are well versed in the law and can help assist you in your time of need. Give us a call at 800-893-9645.
Federal and State laws requires every commercial truck driver to record miles traveled and hours of service in a logbook. In large part, these laws were enacted to protect the public to prevent truck drivers from driving an excessive amount of continuous hours. In light of public’s safety concerns, the statutes can impose extensive penalties for logbook violations.
Most logbook violations in New York are written under Transportation Law §212 (a). A conviction under TL 212 is a misdemeanor. Misdemeanors are crimes that can carry significant fines, jail sentences, and can result in a permanent criminal record.
Transporation Law 212:
§ 212. Records. a. Every driver of a motor truck or motor bus shall keep and carry on the vehicle records showing the day and hour when and the place where he went and was released from duty, whether in this state or outside of this state. The commissioner shall prescribe the form of such records and may require such other information to be shown thereon as he shall deem advisable to insure the proper enforcement of this article. Such records shall be exhibited to the commissioner, his representatives, or to any peace officer, acting pursuant to his special duties or police officer who shall demand to see the same and shall be held available for further inspection for a period of sixty days within the state of New York in an office designated by the owner. Failure to produce such records upon demand shall be presumptive evidence of a violation of this article relating to keeping such records. In any prosecution for the violation of any of the provisions of this article such records shall be prima facie evidence of the truth of the contents thereof.
b. The provisions of this article with reference to the carrying of records on the vehicle shall not apply to the operation of a motor bus or motor buses operated on fixed schedules, but this shall not relieve any corporation, company, association, joint-stock association, partnership or person engaged in the operation of a motor bus or motor buses on fixed schedules from the necessity of keeping such records and having them available in an office within the state of New York.