PC and paid parking

Discussion in 'Questions From New Drivers' started by Lostmykey, Mar 1, 2020.

  1. Lostmykey

    Lostmykey Medium Load Member

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    My company lets us use PC to leave shippers or receivers with comments like forced to leave & must travel to nearest safe haven. We then have to proceed to the nearest safe haven to look for safe and legal parking; if it’s full we can leave a comment and continue on to the next nearest one (& repeat in theory).

    I’ve got a trip where to be on time I have to run out my 14 at receiver. Nearest truck stop has only 8 legal spots and the next nearest is paid parking. So if 1st one is full, I go to paid one.

    Would I be forced to stop at that one and essentially pay to park? If I didn’t pay, would it still be considered legal parking for me? If it’s not legal then I could continue on of course (nearest to that is also paid).

    My trip plan is to actually stop short of receiver and roll in with a fresher 14. Or split sleeper, so I just need 2hrs at receiver to complete.
     
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  3. ExOTR

    ExOTR Windshield Chipper Extraordinaire

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    I would just pay the 15$, rather than run all the additional legal risks.
    An attorney could easily argue that there was safe haven available, and you decided to keep moving.
     
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  4. HillbillyDeluxeTruck

    HillbillyDeluxeTruck Road Train Member

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    If you have hours left on your clock, you're not supposed to use pc to leave a shipper/reciever. Obviously if your clock runs out, you pc somewhere and do your 10.

    That said, where are you dropping off your load and where is the truck stop you're talking about. Bet I can find you other parking around there.
     
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  5. truckdriver31

    truckdriver31 Road Train Member

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    i have been on elogs for years. never had to run over. i always trip plan at 50mph. if more city driving i plan 45mph. never had one issue. all this safe haven stuff will not work in a fatal accident. doesnt matter if your fault or not. just dont take risk.
     
  6. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    Well how do you define "hours left on your clock?"

    Because I have another thread in an unrelated forum about my company trying to ping me for using PC to get back to the yard after dropping off a trailer. I had "hours on my clock" but only AFTER I WOULD TAKE A 30 and where I was they would not let me stay. In fact a guy in a yard mule came and asked me to leave and I was just doing my empty call after picking up an empty trailer. So, to me, "hours left on your clock" is hours AVAILABLE AT THAT TIME. Because if I have 14 minutes and I'm 30 minutes from safe parking but if I could do a 30 I would have 3 hours and 14 minutes but I'm not allowed to stay and do a 30, I would say for all intents and purposes I had 14 minutes of drive time remaining.
     
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  7. ZVar

    ZVar Road Train Member

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    Going back to the yard is specifically not allowed though. If you went anywhere else you likely would have been fine.
    From Personal Conveyance | FMCSA
    Examples of Uses of a CMV that Would Not Qualify as Personal Conveyance
    7. Time spent traveling to a motor carrier’s terminal after loading or unloading from a shipper or a receiver.
     
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  8. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    Yes but I was under dispatch to another location in another direction. At that point the yard is like a truck stop. You're misinterpreting it. That is for companies like my last one that would deliver to a location right near the yard and then not give you a dispatch until later and you just drove back to the yard and chilled for 10 hours.
     
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  9. ZVar

    ZVar Road Train Member

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    As for the op, I would say the paid parking would be where you have to stop. Here's the guidance on that.
    Examples of Appropriate Uses of a CMV While Off-duty for Personal Conveyance
    Time spent traveling to a nearby, reasonable, safe location to obtain required rest after loading or unloading. The time driving under personal conveyance must allow the driver adequate time to obtain the required rest in accordance with minimum off-duty periods under 49 CFR 395.3(a)(1) (property-carrying vehicles) or 395.5(a) (passenger-carrying vehicles) before returning to on-duty driving, and the resting location must be the first such location reasonably available.

    It would be a stretch in my mind to say paid parking isn't reasonable.
     
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  10. ZVar

    ZVar Road Train Member

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    It's fairly black and white. Nothing to misinterpret. Going to the terminal on PC is not allowed. There are no exceptions given in the guidance. But apparently since you only want validation and not actual facts I'm done.
     
  11. drivingmissdaisy

    drivingmissdaisy Road Train Member

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    You have to use your brain on this. What was the law written for? Companies that have yards everywhere and deliver right nearby and don't give dispatches until later. I worked for one. That was an every day occurrence. I am allowed to PC to the nearest safe haven. If that safe haven is our yard, that's a safe haven. You can't have a law saying I can PC to the nearest safe haven that violates another law saying I can't PC to our yard. Had I attempted to proceed to the next shipper on PC because that's all I had left, that would be a violation. But I didn't, I drove straight south to our yard where I could legally do the 30 minute break without advancing the empty trailer.

    I was under dispatch to another location, that changes everything.
     
    Last edited: Mar 1, 2020
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