Parked illegal forced to move
Discussion in 'Trucking Industry Regulations' started by TruckerPete1990, Oct 20, 2016.
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You answered your question with the headline.
What about "Parked Illegally" would make it OK to park anywhere?
Common sense ain't so common. -
Just like this:
Once you let your guard down they strike lol.scottied67, Blackshack46 and Bean Jr. Thank this. -
Do HOS rules even apply to private property?
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Do yard jockeys color in their book every time they move a trailer?x1Heavy Thanks this.
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Maybe. Do you color in yours?x1Heavy Thanks this.
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I agree. Private.
You should know better than to park there. Park inside a marked spot.
As far as no parking, same old story going back to the day they built enough trucks to fill the first truckstop. -
I don't know what happened locally but the Jamestown New Mexico Pilot was overflowing with parked trucks last night as if the freeway had been shut down or something. So I had to 'make a spot' for myself. I knew I was gonna have to move, no biggie, planned on it anyway but 1:39 into my break a security guard banged on my door and told me to move. Just moved up 100 more yards and made a spot again. No big deal, even on Elogs you can move very short distance without it tripping to the drive line.
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As far as yard jockey go....
This link is information overload as far as I've never known anything about this. I would have said the same thing as everyone else. Yard jockeys are exempt from hos.
But....
http://www.thefoodchainblog.com/2011/10/osha-and-yard-tractor-operators/
Under OSHA if a yard jockey truck doesn't have lisence plate, it's not for road use and the employer is expected to make sure the driver is following Employer's Hos to be operating safely.
If they do have plates, they can operate on roads which would require FMCSA hos guidelines.
The fact that tractor trailers are plated and used for commercial use public roads, makes it real simple. Private property or not, CMV drivers follow hos rules.
Comparing a CMV to a yard jockey and calling them the same thing is Ludacris.
Just because FMCSA doesn't state hos for yard dogs, doesn't mean they are completely exempt. You still have OSHA and ANSI who cover employees under different work environments.
@Exrayman4000 do you agree? -
a couple things to point out.
First off the driver has an obligation to move or get towed. HOS are not applicable in this case.
Second this is 'private property' but for those who may think that the cops have no right to access it, they do because it has public access to the property - meaning driveways and parking spots.
Taking in account many of you think that cops can't approach you in a truck stop, it seems like this driver, they don't get the laws and court cases that govern this. Most cops are also clueless to the legal facts, that's why they refer these things to the lawyers after they act.
I had two issues with trucks blocking me in and they were towed.
I had a driver recently being locked into the fuel isle by drivers who took off leaving their trucks unattended for a long time - the front truck was there for ~ 30 minutes the truck in back of him was there for 20 minutes. My driver already fueled, put in DEF and took care of all the paper work to come out and see they were still there. So he went into the place and asked the manager to do something. The manager called the drivers on the PA, waited for about 10 minutes and then called two tow trucks to have the trucks towed - this manager was really piissed off. One driver was eating in the Arby's, ignored the call then saw his truck being towed away and ran after it. He threaten to sue my driver and the TS, which didn't go far when my driver said he gets free legal protection and the lawyer would counter sue. BUT the other came out of the shower to see his truck gone. He claimed it was stolen to the company but when they called the cops, they got the entire story. The tow truck driver told my driver that it is not a cheap bill, $600 for the tow and storage fee of something like $75 for each day starting the second the truck is hooked. This happened on a Friday night, the impound lot didn't open until Monday morning.passingthru69, Dharok, Knucklehead and 6 others Thank this.
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