TAH parking of bobtail, cops threatening a citation.

Discussion in 'Trucking Industry Regulations' started by Elvenhome21, Oct 31, 2010.

  1. Elvenhome21

    Elvenhome21 Heavy Load Member

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    Nov 17, 2008
    Sheboygan, WI
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    Ok heres the rundown of my question.

    Im parked (bobtail) on the street in front of my house for TAH

    Cops show up threatening to write a "moving violation" citation for not being on a truck route even though truck is parked legally on the street and im inside house.

    The street im on isnt posted as a city truck route, however it is a thru street for big trucks to access 2 businesses, no weight limits or restriction on this street what so ever.

    Isnt there a variance under US 49 USC 31114 saying that you can go off of the national network (5 miles for WI) i live about 2-3 from the interstate. And isnt there an exception for tah in personal conveyance to go to your home.

    terminals, facilities for food, fuel, repairs, and rest, and points of loading and unloading for household goods carriers, motor carriers of passengers, or any truck tractor-semitrailer combination in which the semitrailer has a length of not more than 28.5 feet and that generally operates as part of a vehicle combination described in section 31111 (c) of this title.




    Ok heres the story

    About 2 months ago i was parked on my street with a semi and trailer, I was quick passing thru the house for 5 minutes to pick up something i forgot. I had my 4 ways on and was parked on the non parking side of the street. (not blocking any driveways though)

    Cop drives by sees the truck parked, stops, enters my residence (I own a duplex and live upstairs) cop entered bottom door which clearly has a door bell that works, and walks up the stairs inside my house to the top door that enters my kitchen. Pounds on my door and tells me i have to move and i cant park OR drive on this street because its not a posted truck route.
    I move it no big deal i was in the wrong for not parking legally.

    Ok today. Im legally parked outside my house on the correct side. Ive been parked there since mid sat. Cop shows up and tells me im illegal to park or drive on this street. I argued with them asking them to cite the city ordinance that im violating and asking her how on earth i can get a "moving violation" for being parked and not in the vehicle even.

    officer claims that she has sat on this street and says she has NEVER seen any truck on this street other than mine, even though there are 2 businesses that have a steady flow of trucks im talking 1 an hour during the day. Then she shoots off that they are illegal to and CANNOT drive on this street legally.

    She tells me to move and i did, I thru it in reverse and drove it into my driveway, sheboygan has NO laws against parking commercial vehicles in your driveway. She gets even madder saying she can still write a moving violation even though its IN MY driveway.

    Do I have grounds to stand on and fight?
     
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  3. REDD

    REDD The Legend

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    What I would do....


    Take the tickets. Don't move the truck. Take the additional tickets.

    Have your day in court! Have them show proof that it is illegal.
     
  4. Gitty

    Gitty Medium Load Member

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    Jul 16, 2009
    in my truck
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    Its not worth it. You said there were 2 companies on your street, go park there. You are making enemies when you shouldn't. Monday call city hall and ask your questions. You may just have a over zealot cop, but you dont need to be making them mad either way!!!
     
  5. Gitty

    Gitty Medium Load Member

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    Jul 16, 2009
    in my truck
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    Those tickets will go on his csa2010 and they are hard to get off once they are on there. Proof or not!!!
     
  6. oknavy

    oknavy Light Load Member

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    Sep 29, 2010
    Oklahoma
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    try checking the towns website if they have one, most will list city ordances, or you can call the local police station and ask them.
     
  7. REDD

    REDD The Legend

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    So he is suppose to bow down to an officer that may or may not know the law? If she couldn't recite what law he was breaking, then she has no right to issue any tickets or give him any beef.

    Is there signs saying no truck parking? If not, then he wasn't breaking that law.

    I stand by what I said! Cops have power trips. And unless someone stands up & questions that power trip, the cops power trip will increase.
     
    lilillill Thanks this.
  8. REDD

    REDD The Legend

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    Now your wrong again. Those tickets do not go onto anyone's CSA2010 score. The only things that go onto a driver's CSA2010 score are DOT inspection reports!
     
  9. walstib

    walstib Darkstar

    Since you're not 'positive', I agree, not the time or place to pick that battle...Just move it, then find out if legal, and the next time you'll have 2 good legs to stand on!...Like being married, even when right, you need to know when to pick your battles! :biggrin_25523:
     
  10. Elvenhome21

    Elvenhome21 Heavy Load Member

    735
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    Nov 17, 2008
    Sheboygan, WI
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    they wouldnt write me a ticket after I TOLD them to
     
  11. Elvenhome21

    Elvenhome21 Heavy Load Member

    735
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    Nov 17, 2008
    Sheboygan, WI
    0

    I looked on the cities website i didnt find much that pertains to trucks, or anything that would specifically apply to JUST a bobtail. Sheboygan is a pretty relaxed city for trucks, if they dont want trucks on a certain road they either post no truck signs or a stupid 3 ton weight limit.
     
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