Sleeper: domicile?

Does the law view the sleeper as domicile, or is it considered to be the same as the operator's compartment?

Thanks in advance.

 

It depends on what laws you are asking about. If you do not have a permanent residence, living in your truck cancels your ability to use the per diem for tax purposes.

But you can sleep in a truck 365 days a year, and you can not (legally) protect yourself with a gun like you can a regular home.

 

Depends on what state you are in whether the gun is legal to have liaded and within reach ehile in a vehicle. Yhere is ni federal DOT law on this. If you have a carry permit and you are in a state that has reciprocity you are fine. If you go into communist Illinois or similar state the gun better be unloaded, in a licked carru case away from anyone (I.e. under the bunk) and bullets kept secured away from gun. Most companies say no guns so you cant carry or youll be fired.

The cops xan search a company vehicle with no warrant. Its not yours so you can't tell them no. The company will more than likely tell tgem yes when they call them. If the truck is yours then sleeper area if curtains are clised is off limits without a warrant or your permission.


Sent from somewhere out there

 

spell check is your friend.

 

You said, "But you can sleep in a truck 365 days a year, and you can not (legally) protect yourself with a gun like you can a regular home."
Before you start talking about things like this, maybe you should find out what the law says!
It is comments like this that have been going around for years that caused us to think that guns were not allowed in commercial vehicles! There is no law that stated that. It is up to the states you travel in.
Jack

 

Gun laws are by state. It is not illegal to have a gun in the truck. You do though have to have each state you drive through law's to follow. Your carrier can make it company policy not to have one, that is up to them as the private company owner.

 

The sleeper area would be the same as the passenger compartment of a car. It would be pretty tough to convince the court that a truck is a domicile. Because you can start a truck up and drive away it would fall under the vehicle exception to the 4th amendment. None of this would even come into play unless you had been arrested out of the truck, or there was a request for permission to search the vehicle. Whether or not the company can give permission to search a vehicle you are in, and control of would depend on the particular jurisdiction you were in at the time. If the company does give permission to search the vehicle that permission can be limited. Since you have property in the truck you can restrict the search to any closed containers or any thing that belongs to you and not the company.

Just my opinion.

 

^^^ LOL "4th amendment" yeah.... Show me a judge in America that respects it.

 

It would be funny if it wasn't so true...


Now my thinking is if you have a safe in the truck they can't search that from what I understand . There are some nice biometric safes. if I was a O/O I would most certianly have one..

 

a motor home,(RV), is considered a domicile, in all it's legal ramifications .

so his question does have merit.