Parked illegal forced to move

Discussion in 'Trucking Industry Regulations' started by TruckerPete1990, Oct 20, 2016.

  1. *Five-0*

    *Five-0* Light Load Member

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    Hey...I'm over here!
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    Yes, you can be ordered to move from private property regardless of your hours of service status. HOS are NOT the manager's or police officer's problem.
    The key here is that the driver was personally notified by management to move. Upon being notified to move, if the driver refuses to move, management can now order him to leave (being he is on private property and all). If the driver refuses to leave, NOW he is violating trespass statutes in most, if not all states.

    For reference, I posted an excerpt from Pennsylvania's criminal trespass statute as Carlise was mentioned elsewhere in this thread.

    "§ 3503. Criminal trespass.

    (b) Defiant trespasser.--


    (1) A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:


    (i) actual communication to the actor;

    (ii) posting in a manner prescribed by law or reasonably likely to come to the attention of intruders;

    (iii) fencing or other enclosure manifestly designed to exclude intruders;

    (iv) notices posted in a manner prescribed by law or reasonably likely to come to the person's attention at each entrance of school grounds that visitors are prohibited without authorization from a designated school, center or program official; or

    (v) an actual communication to the actor to leave school grounds as communicated by a school, center or program official, employee or agent or a law enforcement officer.

    (2) Except as provided in paragraph (1)(v), an offense under this subsection constitutes a misdemeanor of the third degree if the offender defies an order to leave personally communicated to him by the owner of the premises or other authorized person. An offense under paragraph (1)(v) constitutes a misdemeanor of the first degree. Otherwise it is a summary offense."
     
    brian991219, Blackshack46 and Hick Thank this.
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  3. Hick

    Hick Heavy Load Member

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    West Virginia
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    So basically the cops can show up, ask the manager if they told you to leave and then throw on the cuffs right then and there? Bingo, you're in jail and your truck is in the impound?

    What if you locked up the truck and left it sitting while you walked across the street... when the tow truck shows up, you call the cops on the cops for trying to steal your vehicle? Can you put the manager under citizen's arrest for trying to be an accomplice in you committing a crime by trying to persuade you to drive? Or for aiding and abetting somehow? I'm sure there's something here if we dig deep enough.
     
  4. lilillill

    lilillill Sarcasm... it's not just for breakfast

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    Possum Booger, Alabama
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    So... do they have U.S. Marshals in Canada too? How is a Canadian driver supposed to boast at the lunch counter without a good U.S. Marshal story or two?
     
  5. Blackshack46

    Blackshack46 Road Train Member

    They call the Canadian Mounties, they come in on horse back and the horse kicks you in the face for being stupid.

    I swear! I seen it happen three times.

    Due south comes to mind. Loved that show as a kid.
     
  6. Chinatown

    Chinatown Road Train Member

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    Henderson, NV & Orient
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    Anyone that blocks the fuel islands is an idiot and truck should be towed. Let the driver explain that to his company.
    Truck stop manager should also call the company right then and say, "One of your idiot drivers truck #1234 is blocking my fuel pumps and refuses to move; the tow truck is on the way."
     
  7. CallOfTheWild

    CallOfTheWild Light Load Member

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    Oct 17, 2014
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    if only truck stop people would do that....
     
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  8. dngrous_dime

    dngrous_dime Road Train Member

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    Lansing area, MI
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    I had a meme for that..... Pic of a white husky staring in a "you're joking, right?" look, and the caption was
    "Diefenbaker does not approve if your shenanigans"
     
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  9. scottied67

    scottied67 Road Train Member

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    california norte
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    The manager may ask you to move and if you are blocking another trucker you may not so nicely be asked to move so they can go to work. I recall one early morning about 0300AM a lady trucker screaming and banging on a driver's door "I'M NOT A PROSTITUTE!!!" She woke up just everybody in a 10 truck radius she was so pissed off.

     
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  10. scottied67

    scottied67 Road Train Member

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    california norte
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    They do that at the Pilot at Lost Hills CA. Sucks, because you're waiting there in a long line of people just trying to buy your coffee and the cashiers are more preoccupied with getting on the intercom threatening drivers. Yesterday same thing, waiting to get up to the counter to pay my Prime Parking spot, the two cashiers were having a full on conversation about their next day's working shift starting hours while making a line of 15 people wait. Talk about irony.
     
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  11. tucker

    tucker Road Train Member

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    IN
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    Same here, it stinks now, plus someone smoking nasty American Pride always sits near me,
     
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