Mall/private property questions, thoughts, considerations:

Discussion in 'Trucking Industry Regulations' started by Powell-Peralta, Jun 8, 2011.

  1. Scalemaster

    Scalemaster Heavy Load Member

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    Why not? Just because it takes less than 7 minutes does not mean it did not happen.

    The Feds were asked this question long ago, and it is the first interpretation in 395.8.
    You notice the time they mentioned is less than 7 minutes. Yes, (sigh), they expect you to log it.
     
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  3. blackw900

    blackw900 The Grandfather of Flatbed

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    If it takes less than 15 minutes...You "flag" it! You will generally "get away" with not logging those little things but it is a change of duty and should be logged as such.
     
  4. craigk49

    craigk49 Bobtail Member

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    Even at Walmart it is a good idea to get permission. Some stores have restrictions on truck parking and won't allow even Walmart trucks to park. It usually is not Walmart that sets the rule. Most of the time it has to do with agreements made with locals when they put the store in.
     
  5. rightlane4trucking

    rightlane4trucking Light Load Member

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    Sure...but only under the same circumstances that would allow you to drive on a highway and be off duty...IE: Not engaged in commerce/using the vehicle as a personal conveyance. Just think of a mall parking lot as a highway. The FMCSR's apply - CDL is required, hours of service regulations, drug & alcohol testing requirements etc.
     
  6. Injun

    Injun Road Train Member

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    Exactly. After being unloaded...you are now unladen. The way I understand the FMCSR on this is you are allowed to go to the place you intend to domicile for the night. That would be the corner of the parking lot. Therefore, off duty. You are moving the truck a few hundred feet. It's not like you're driving 75 miles to your favorite truck stop, which, by the way, happens to be on the way to your next shipper.

    I have yet to see a DOT cop cruise the mall parking lot looking for violators.





    Yes, SM, I do know what the "pat" answer is. But. If e-logs won't even log it...or flag it, for that matter, why should I? Is it really necessary to mess up a 10 and pull a log violation just because Sears wants their dock cleared for the next truck? Is there any difference between the letter of the law and the spirit of the law? I was taught in the academy that each was distinct and the more important of the two is the spirit of the law. This is why Prime gets two miles before e-logs kick a driver to the drive line. A judge agreed with their lawyer that simply moving from one place to another within the same facility should not penalize the driver.

    I would be hesitant to place myself on "Drive" in the O/P's circumstance because if I flag it, it still starts my 10 all over again. Also, an officer can look at that and give a log violation for driving past the 14. Nothing would ever get moved in this country if every driver followed every rule down to the letter.
     
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