Out of hours, but forced to leave property after loading.

Discussion in 'Experienced Truckers' Advice' started by Tri, Jul 30, 2013.

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  1. Tri

    Tri Bobtail Member

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    Jul 30, 2013
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    After showing up two hours early to an empty lot and waiting an inordinate amount of time to get loaded compared to the usually crisp flow of my route, I found myself stranded out of hours in the holding lot, several miles from any safe place to park a truck and sleep for the day. Upon informing the security guards at the gate of this facility of this unfortunate development, I was told that I "would not be spending 10 hours there." I tried to explain that driving my truck would be illegal and, given that we have computer logging at my company, would likely result in disciplinary action, but they just wouldn't have it. Their reasoning was that drivers left and went to other places all the time. Eventually, the city police were called and the responding officer was in agreement that it was totally within reason for them to ask me to leave, even though doing so would be illegal. But just as we'll, staying there would have apparently meant I would be guilty of trespassing.

    At this point, I had no idea what to do. I'd never been faced with this situation before, where either way, I was breaking the law.one way, I risked lives, a ticket and my job. The other way, I risk being arrested for trespassing. Ultimately, the cop agreed to escort me to a Wal-Mart down the road, which I was given no choice but to comply with, and my dispatchers agreed that even though I would accrue violation time (which I still may be disciplined for), I should leave the property.

    So... What gives? Who is rig and who is wrong? Nothing was posted anywhere forbidding drivers to take their 10s on the lot. They seemed to have just decided it violated some rule today. Of course, they have the right to kick anyone off of their private property, but don't I have a right to be concerned for my job, my license and most importantly, the lives of others and myself? I'm confused and frustrated. Has anyone been in this situation before?
     
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  3. Projektf350

    Projektf350 Medium Load Member

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    It's total BS is what it is. I've left customers cause they don't allow parking and I would of ram out of hours.
     
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  4. born&raisedintheusa

    born&raisedintheusa Road Train Member

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    You were caught between a rock and a heartbeat. You should NOT get disciplined for this situation. It was NOT your fault.
     
  5. vikingswen

    vikingswen Road Train Member

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    Running produce and other reefer loads it happens all the time that a drivers time runs out. Seems like most guys are on paper logs so they have room to fudge. What are the things that trigger your EOBR to switch you to driving? I see trucks crawling down the road and stopping to get from one place to another without having the EOBR switch them to driving status and have gotten different answers on how far and fast they can go before that takes place.
     
  6. Tri

    Tri Bobtail Member

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    I hope not. Drivers here have been fired or suspended for less, but probably not in a situation where they had no choice. I do have options to dispute the disciplinary action if necessary, however. I will if it gets that far.

    We're a food distributor and deal with that kind of stuff on elogs unfortunately. No room to breath, let alone get a nap in. Our trucks don't get cut down if we go over, but it does let us know we're in violation and lets the Co. know as well via satellite. I can still run at full speed, but the violation will show on my records. I will get a ticket if they check it at a scale house.
     
  7. scarface2200

    scarface2200 Light Load Member

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    Ya its bs they should require these places to have a break area for us since they force these hrs on us its dumb but aive ran into this many times shoild up with plenty of time to be loaded and gone but they take hrs to ld or unld then im out of time.

    When ur running paper this is no issue but elog u can not cheat unless u can limp the truck within a mile and ive done this as well. My company allows us to put Safehaven in if we go over and I say ive been over drive time 7x with not 1 violation now DOT would probally give u a ticket but im ok with company at least.

    A lot of these shippers dont care ur on a clock and cant drive you show up on time and dont keep ur appointment time. Then u sit there forever to get loaded these are the sorry ### places that need to go out of bussiness.

    I lded at a place out of chicagoland a pillow place sat 8hrs they where loading me as they were making the product a few box at a time all boxes stacked on the ground to top of trailer
     
  8. Reverend Falstaff

    Reverend Falstaff Light Load Member

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    Ultimately you did the correct thing. When the officer told you you had to go, you had him escort you to safe parking. You should then make that note on your log, along with the time you arrived as well as the time you were loaded. Might still get you dinged, but the company I work for, will keep that note in mind...as well as for reference if they ever get called back to that customer.
     
  9. Charli Girl

    Charli Girl Road Train Member

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    Good Gawd ...What is this industry doing to ITSELF?? Anybody wanna buy a truck...:biggrin_25521:
     
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  10. Emulsified

    Emulsified Road Train Member

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    Seems to me there is a provision in the rules that allow you to move when out of hours if ordered by a legal authority. When the police officer told you to go, simply get his name and badge #, then note it on your log and notify your safety dept you are being ordered to move by the police.
    No different than if a fire broke out at a truck stop and the fire dept ordered you to move.
    But you do have to start your break all over once you've arrived at the nearest safe haven.
    Same rules that apply if you're caught on highway in an 'unforseeable' circumstance (such as a highway blocking accident) and your 11 expires while in transit. You are allowed to go to the nearest legal place to park and start your break.
     
    Puppage and WoofWagon Thank this.
  11. Chinatown

    Chinatown Road Train Member

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    I was at a place in Cobb County, GA; the place only had about 3 dock doors. We were lined up waiting for a door; all the trucks were on the property, lined up behind the warehouse & none in the street. The Cobb County cops showed up and started writing tickets for illegal parking. The warehouse supervisor told the cops the trucks are waiting for dock doors to unload. The cops said the owner of the property ordered them to write the tickets because he doesn't like trucks on his property, even though the warehouses lease from him. I didn't get a ticket because, a truck pulled out of a dock and I immediately started trying to get in the dock. Any trucker thats had any dealings in Cobb County, GA knows what I'm talking about; no worse cops in America than Cobb County, GA.

    Even though this didn't have to do with EOBR's, as a trucker you will see the scum of the earth at many shippers and receivers and rinky-dink cops.
     
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