Record of Duty Status

I was wondering if someone here might be able to help us get some more information and answers related to our situation. I have looked all over the internet including the FMCSA Website, blog sites and magazine sites in an effort to locate some information that might help us find answer however I seem to continue to hit a dead end. It is in regards to the FMCSA DOTA Regulation 395.8 Record of Duty Status. I even went directly to the FMCSA Website and tried multiple times to pull up information regarding the actual language of this law "395.8" with no results what so ever. Our situation is this:
My husband was home during the holidays and on one of his off duty days he ran down the road bobtail about six miles to the store. While he was out he fueled his truck, ran to the grocery and then came back home. After fueling he went ahead and put the fuel slip for that fuel-up in his paperwork for the next trip so it wouldn’t get lost and for tax purposed etc. A few days later he headed out on the road to do his trip for the week. A few states over he was later pulled over by AZ DOT for a ‘routine stop’. He gave the officers all of his paperwork, logs, receipts etc. and included was that fuel receipt that I spoke of earlier from his time off. AZ DOT gave him a violation that stated exactly this “Duty Status Violation (general form/manner) Failure to Log Fuel Stop on Off Duty Day” then it listed the date and the town he was in at the time that he fueled, which was our town and on his off duty day. HOW IS THIS LEGAL for them to write him a violation for this?
I am very concerned about this because I know that it can really effect him when it comes to the new CSA 2010 Laws and point system this violation they say will cost him 7 points. Seven points for what for going to the store and putting fuel in his truck on his day off??? These points have me very worried and the fact that DOT officers can rack these points up over petty things such as this worries me even more especially for things that drivers shouldn’t have been be given violations for in the first place! My husband was home for the holidays and simply ran to the store days before his trip and while he was out he fueled his truck. Does anyone have any info on whether it is legal for them to give him this violation or not and also who can I contact to DISPUTE something like this? We live in Florida...thanks in advance from ‘a very fed up trucker’s wife' ;( Diana

Category: General