There is not a single professional trucker in this country who is not aware that a new hours of service rule goes into effect Jan. 4, 2004. Some, like myself, plan to run in compliance with the regulation in hopes that the new rule will help combat trucker fatigue while increasing highway safety. However, there are many others who complain about one aspect or other of the rule and say they will have to continue their “creative record keeping.”

What are your plans?

If you fall into the latter category, you are perhaps already studying the matter for new ways to appear legal in the old “comic book.”

Maybe you should think again.

Under the old way of doing business, careless drivers would occasionally get caught in their creative endeavors. They would suffer through the chewing out, the fine (anywhere from $80 to several hundred dollars) and possibly be forced to sit idle for eight hours. No big deal really.

But things are changing. Drivers unfortunate enough to get caught falsifying their Record of Duty Status reports, or logbooks, will still be fined and shut down by officials as punishment for violating the federal rule, but the matter will not necessarily stop there.

The U.S. Attorney General has declared an interest in giving more backbone to the rules and has begun actively prosecuting drivers who falsify their logs.

Now, not only must the “creative” drivers have to deal with a rule violation, they must consider the consequences of being prosecuted in federal court for violating Title 18, United States Code, Section 1001 (making false statements to a federal agency).

Those so prosecuted and found guilty may be sentenced to up to five years in federal prison on each count and fined up to $250,000 per count.

All of a sudden, falsifying the old “comic book” is not such a laughing matter. A $500 fine, though it hurts the pocketbook, cannot compare with a devastating $250,000 penalty.

Being shut down in a rest area for eight hours may be inconvenient, but five years in a federal slammer can be downright depressing.

Now, before you all start smirking and saying it will never happen, perhaps you should send letters of encouragement to the following drivers currently under such an indictment: Ronald Reider (10 counts), James Bead (10 counts), Sean Eck (10 counts), Augustine Henry (10 counts), Robert McClafferty (10 counts), David Thompson (two counts) and Barry Werley (10 counts).

Let’s not forget those dispatchers who cajole, shame and push drivers to disregard the rules. Please send a sympathy card to Richard Christman, dispatcher for Ontelaunee Transport Services Inc. (20 counts of aiding and abetting the making of false statements to the Department of Transportation).

How about the trucking companies that encourage such behavior? Send a message of encouragement to Ontelaunee Transport Services Inc. (20 counts of aiding and abetting the making of false statements to the Department of Transportation).

This is not a complete list of those currently under such indictment by our Department of Justice. Indeed, this list comes from just one grand jury in Philadelphia. Remember, an indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.

Commenting on the indictments, U.S. Attorney Patrick L. Meehan stated, “It’s always a little unsettling when you’re driving down the highway and a tractor trailer is bearing down on you. A number of thoughts might race through your mind – change lanes, speed up, slow down. But you should not have to wonder if the driver of the truck is about to fall asleep. What we’re dealing with here is a life and death safety issue.”

The U.S. Attorney’s Office has prosecuted other trucker cases in recent years, several of which have involved truck crashes involving fatalities and serious bodily injuries in which truck drivers have falsified their daily log books and have driven in a tired and fatigued condition.

“We will continue to prosecute these cases. We have an obligation to enforce safety laws that are designed to protect the public,” Meehan said.

In case you are interested, Title 18, Part I Chapter 47, Section 1001 of the U.S. Code states in part:

“Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of Government of the United States, knowingly and willfully

“(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;

“(2) makes any materially false, fictitious, or fraudulent statement or representation; or

“(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title or imprisoned not more than 5 years, or both.”

The old TV show “Berreta” cautioned, “Don’t do the crime if you can’t do the time.” To risk five years as a guest of the attorney general in return for a couple of more hours driving time is ridiculous on its face. To give in to a dispatcher’s pleas, supplications or taunts in face of the obvious consequences marks you, not as a truck driving fool, but simply, as a fool driving a truck.

The prisons are full of such fools. Think about that the next time you are tempted to “get creative” with your logbook.

Guy Bourrie has been hauling on the highways for 20 years. He lives in Washington, Maine, and can be reached at [email protected].