I've now heard from two friends of mine who ran out of hours while getting loaded or unloaded that were threatend with being arrested for trespassing if they did not leave where they were at. Both of them told the local security guard that they were beyond their 14 and could not move the truck. The Police were called and they told my friends that if they didn't leave they would be arrested for trespassing. After the police reviewed their log books (they didnt understand what they were looking at), my friends were still ordered to leave. My question is this...What am I supposed to do when I go to get loaded or unloaded and the place that I'm at detains me for so long that I'm now out of hours and "legally" can't go anywhere.
Out of hours at shipper/receiver
Discussion in 'Trucking Industry Regulations' started by johnnyd2u, Oct 10, 2009.
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That's a catch 22, right? I would just move off the property and find a spot to park. One thing you need to do is when you are approaching a shipper/consignee, make mental notes of places to park a truck, say the last 5 miles prior to arriving, then go there if need be. It could be a boarded up K-Mart lot or just a wide spot in the road. One of the joys of trucking.
Dharok Thanks this. -
I do look for 'spots' to park in a pinch...but as my luck goes, i would be moving to a 'safe' spot and have some idiot hit me and then I'd be to blame for being there when I shouldn't have been.
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Ok this one is really easy...... When approached by security have them send out the police, sheriff, highway patrol...... Then if they insist that you move to another location have them write on your logs that fact .... Now it is legally binded and if anything goes wrong ..... I.e. You are stopped , get hit , anything you are covered and the signing department will share responsibility.... If not assume all responsibility aslong as you have an signature on your legally binded log that shows you were out of hours just log everything even if it is in the middle of your 10.
Make sure to flag when you started and why, show drive, and show where and when you stopped and continue your 10 .
Absolutely make sure you get an signature.... If they do not want to sign ask for an supervisor.... If that does not work on the police or sheriff level ask for a state trooper..... If the state trooper does not work go straight to u.s. Marshall you do have an commercial drivers license. Do not let them b.s. You.
I have had to have state troopers come out it never got past that..... -
Just keep in mind your hours restriction when getting to a shipper/receiver...sounds easy to refuse a load when limited by load or unload time...but, you...THE DRIVER...are ultimately responsible for your hours of service and any incident that happens when you exceed your available hours. -
The US Marshal stuff is CB bull. They don't come out for truck drivers.
jtrnr1951 and FriedTater Thank this. -
Imagine this if you will: out of hours at a customer, you decide to disobey the rules and move to the nearest place to take your 10 hr break. But just as you are pulling out of the dock door, some bone head 4 wheeler late for work comes screaming thru the parking lot and slams into your truck and kills himself. You were not even driving 5 miles an hr but you were operating a CMV illegaly, guess who is now going to have their carreer ended and quite possibly lose thier freedom for a few years, not to mention the inevitable civil lawsuit that will wipe you out fiancially!
I say "CALL THEIR BLUFF!" Better yet, leave their property, but DO NOT MOVE THE TRUCK! Walk away, you cannot be charged with trespassing if you are not physically on their property.
Correct me if I am wrong, but doesnt the Law look at driving over hours in a CMV THE SAME AS DRIVING ON A SUSPENDED LISCENCE OR DRIVING WHILE INTOXICATED? Just dont drive the truck, but you can drive a NON-COMMERICAL vehicle. Makes perfect sense, huh?BuilderBob Thanks this. -
DO YOU SERIOUSLY BELIEVE THIS???
IF YOU MOVE YOUR TRUCK FOR ANY REASON YOU ARE REQUIRED TO START YOUR TEN HOUR BREAK OVER AGAIN! IT DOESN'T MATTER WHO SIGNS YOUR LOGBOOK!
doc43204, bdmose, otherhalftw and 2 others Thank this. -
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