Real Question

I had a partner with a similar situation once. A driver parked in the lot of a diner overnight and when the diner opened a few hours later, he refused to move the truck because he said he was out of hours. And, in addition to being out of hours, my partner is just a City cop and doesn't know the rules so he should just leave the driver alone!

My partner called me and the driver was right, we can't force him to drive or do any work so the only other option is a tow truck. The driver was on PRIVATE property and the owner of that property didn't want him there. Ultimately, the driver made the choice that put him on someone else's property so I don't have much sympathy for him, especially when there is a rest area 5 minutes up the freeway. The owner of the diner eventually caved in and let the driver finish the rest of his break because it was less than an hour or so away.

 

Are there any real lawyers in this forum who can answer these questions? Does anyone have a link to any legal judgements about such cases?

 

Hence the word Personal Conveyance. Companies frown on it but in some situations its better to use it After you drop the trailer now you are relieved of all work matters and on your own time and its legal