I have a question, if you are at a receiver (like walmart) and you run out of your 14 hours. Walmart say's you have to leave there property, and most of the streets around them are NO Parking. I know about the line 5, I also know about finding safe haven. If you leave and your clock has run out, and you have an accident with a fatality, you know what an attorney is going to do with that. Our safety boss told me under that situation, I would be going to jail. Where is our protection. Would we be able to sue the receiver?? This is not made clear under the rules. What the hell is meant by safe haven. I'm not an attorney, but I could interpret that one a thousand different ways. I really don't expect an answer to this, because there is none. If you come back with an answer, show it to me in the regulations
Real Question
Discussion in 'Trucking Industry Regulations' started by LMB, Jul 2, 2013.
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I think one thing you could do, would be, to drive to the other end of the building and park your truck.
If they come out and knock on your door tell them to call the police. Then explain the situation to the officer. if he still tells you to move you have a partner, so to speak. if something goes wrong. -
This happened to me. I parked on the customer's property and they sent their little barney fife security guard to knock on my door. I told him to call the cops if he is serious otherwise leave me alone. 3 squad cars showed up, they looked at me like I was crazy for not moving the truck down the road.
If it ever happens to me again I think I would call the police myself and ask for an escort to a safe place to park it. -
I wonder if you did call, if, you could request a DOT or Truck Enforcement officer?
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i drop a load at Coca cola and i was out of hours, i told them about it and they said they want me to leave their property i said i can't drive because im out of hours, 10 minutes later city cop showed up and say hey my job is to make you leave and i told him if he want to log in on my qualcomm and drive he said if im a joker and he call back up and a supervisor showed up it was a nice supervisor he ask me to leave i said get in, log in and drive, They told me they were not going to leave until i left, i call my company i talk to safety and 45 minutes later Connecticut state police showed up and ask them to let me rest because it's a federal regulation and i mess with coca cola i took my 34 hrs reset there lol
BubbaDog, RickG, DE36535 and 1 other person Thank this. -
Maybe that's the answer then? State Police instead of Local?
Taking your 34....now that's funny....lol!!!
Be Safe!scottied67 Thanks this. -
I have actually seen drivers taking a break in the empty trailer section at a Walmart.
Another driver I met said he ran out of hours at a Walmart. He refused to leave and they let him stay for a break.
You could leave while you still have hours to drive or maybe drop your trailer and come back after a break if customer will allow it.
I have been to customers warehouses where they ask if you have enough hours to leave when empty/loaded . They want you to have a few hours available so you can get off their property.
Imo try to avoid getting into the situation.
If I run out of hours and then have to leave, I leave and go as far as necessary to park the truck. Nobody needs to get the cops involved.
I could not find a place to park one night and drove 2.5 hours over .
My company didn't say much about it because I was always legal otherwise . -
Federal law supersedes state or local laws. Another way around it is to ask the shipper or receiver if you can drop the trailer then bob tail out and use the personal conveyance law which drivers are allowed to do. Local cops can't do squat and the state cops know more about the DOT laws. If it came down to push and shove the US Marshalls would have the finaly say.
BubbaDog, scottied67 and 123456 Thank this. -
http://www.fmcsa.dot.gov/rules-regu...fmcsr/fmcsrruletext.aspx?reg=395.8&guidence=Y
Question 26 seems to answer the question.If you can leave your trailer do so, and, log it off duty.
395.8
No way I would drive over 14 hours. Like others have said you will get thrown to the wolves, if, something should happen.
http://www.fmcsa.dot.gov/documents/hos/Interstate-Truck-Driver-Guide-to-HOS_508.pdf
This link also refences the adverse driving conditions rule which would not apply here anyway but some drivers try to use this exception even though it does not apply. It also gives an example of logging off duty in tractor only for personal conveyance. -
If it was a receiver and your trailer was empty according to FMCSR you can go off duty and use personal conveyance . Some carriers don't allow using PC with an empty trailer but that is their ignorant rule .BubbaDog Thanks this.
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