Out of hours at shipper/receiver

Discussion in 'Trucking Industry Regulations' started by johnnyd2u, Oct 10, 2009.

  1. johnnyd2u

    johnnyd2u Bobtail Member

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    Oct 10, 2009
    medford, or
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    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.
     
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  3. Allow Me.

    Allow Me. Trucker Forum STAFF Staff Member

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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.
     
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  4. johnnyd2u

    johnnyd2u Bobtail Member

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    Oct 10, 2009
    medford, or
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    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.
     
  5. outerspacehillbilly

    outerspacehillbilly "Instigator of the Legend"

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    Again comes with territory. Only thing you can do is CYA anyway possible. Sooner or later it will happen. Not the accident but running out of hours at shipper/receiver.
     
  6. cactusjack

    cactusjack Medium Load Member

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    oklahoma
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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.....
     
  7. otherhalftw

    otherhalftw R.I.P.

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    Like anybody is going to assume responsibility, or be held LEGALLY liable with some unknown signature on your log...and what about those that have the "paperless" logs thru their company computer?!

    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.:biggrin_25513:
     
  8. wsyrob

    wsyrob Trucker Forum STAFF Staff Member

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    The US Marshal stuff is CB bull. They don't come out for truck drivers.
     
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  9. truckerdave1970

    truckerdave1970 On Probation

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    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.
  10. blackw900

    blackw900 The Grandfather of Flatbed

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    COMPLETELY FALSE!

    COMPLETELY FALSE!

    So...A law enforcement officer is going to assume responsibility for whatever happens while you're moving your truck?
    DO YOU SERIOUSLY BELIEVE THIS???

    Good luck with that!


    If you are dumb enough to believe any of this nonsense...Good luck!

    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!



    THIS IS PURE B.S.!!!! The U.S. Marshalls have NEVER responded to any trucker related issue and they NEVER will! It's not even their business. ANYONE THAT CLAIMS THAT THIS HAS HAPPENED FOR THEM IS A LIAR!

    I'm callin' B.S. here too.

    You will be fired, Charged with abandoning your truck on your precious DAC report. Where do you guys come up with this ####?
     
    doc43204, bdmose, otherhalftw and 2 others Thank this.
  11. truckerdave1970

    truckerdave1970 On Probation

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    Rochester, NY
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    ...what is the driver SUPPOSED to do in this situation? And dont cope out by saying "the driver should have planned better!" My trip plan was to take 2 hrs to get loaded/unloaded, not 6, and then go to the nearest truckstop to get the required break. I cant plan ahead for stupid crap like dockworkers taking waaaay too long to do their job. So answer the OP's question please! What os the driver supposed to do???
     
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