Q&A - Seizure of Log Book and Receipts

Question: I just a call from a trucker this morning whose friend (also a truck driver) had her log book and ferry receipts taken by an officer at a road block who then refused to give them back to her. Is this a standard policy from your recollection?

What happens if she gets stopped again in another road check without her log book?

It just doesn’t seem to be the right thing to do in my books. Can you shed any light on this?

Seizure of Documents

Seizure of these documents would be a logical step for the officer to take in order to have evidence to support charges that are related to the log book. I have had co-workers that did this sort of thing in the past and the officer has the power to do so.

The courts expect evidence to be tendered at trial and that is why the power to seize them is found in law.

Receipt Required

Once the officer does seize them, he is required to issue a receipt for them:

Production of daily logs and supporting documents by driver

37.20(3) The driver must, at the request of a peace officer, immediately give the peace officer a copy of the daily logs, supporting documents and other relevant records for the previous 14 days, or the originals if it is not possible in the circumstances to make copies, as well as any exemption given by the director in respect of the carrier in accordance with which the driver is driving.

(4) The peace officer must provide a receipt for the copies or originals of the daily logs, supporting documents, other relevant records and exemptions.

The receipt would be justification during a subsequent check for not being in possession of the required documents.

Possible Alternative Methods

With the profusion of digital cameras these days making copies of documents, whether by the police or by the driver, should be simple enough to accomplish.

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