Parked illegal forced to move

I am not well versed in OSHA law. I just know a yard dog regardless of the license status of the driver is not subject to ANY of the FMCSA regs on private property. If however it does enter a public road ( lots of companies refuel them at truck stops and other places) 2 things happen. 1 the vehicle must comply with both federal and state law in regard to tags and insurance. The FMCSA HOS rules apply but honestly it is an inside the 100 airmile operation so the driver only needs a timecard or something like it. 2 Because some companies do use yard dogs and other powered vehicles like loaders and some diesel powered forklifts they use red fuel. Better not EVER allow a yard dog using red fuel off the property or have tags on them. The IRS will have you for dindin.

As to the OPs question. There is a serious myth going around that a driver on his 10 hour break is for some reason sacrosanct! He aint, even on public property if directed to move and you refuse you are subject to be towed and those clowns called marshals won't come save your butt!

 

I have had a bad day today because of an Atonic seizure I had today. I forgot to add that some yard dogs don't have vehicle vin numbers like most vehicles and are prohibited on public roads ( some states won't register them.) Also I have seen several smaller yard dogs that have a GVRW under 26,000 pounds. A driver does not need a CDL to drive them. It is a hodgepodge of various rules and laws operated under.

 

It is extremely hard if not impossible to prove a negative. It would be more proper to ask show the rules allowing someone to ignore a property owner (or his agents) request to leave the property. I don't think there are any, but in the 48 lower states and all the local governments and local rules you never know.The way I figure it this is why God made Attorneys.

 

I'd be willing to bet many but not all jockeys don't have a cdl. Yard jockeys do not fall under FMCSA regs unless they're plated and drive on public roads. Which would then require a CDL. If they stay on private property, they fall under OSHA and ANSI. Read my previous post to learn more if you want.

Classification of vehicle and if your plated, run dot numbers all play a factor in if you follow hos on public property or private property. For a CMV driver, we follow HOS wherever the truck goes.

 

We did a bit of yard dogging in our time. Yes on a public road and stuck whatever fuel there is on the place to feed it. We had a flatbed yard with a Tamko shipper about 300 yards away down the road each morning, collect a dozen loads, return em to ternimal, tarp em. All day, every day regardless of weather. Heck, that twin shift mack was not a problem. lo-lo lo hi and hi hi. We did not do much counting like we do gears today.

Logs? Hah. Time clock or other check in by saying hello to dispatcher who typed your arrival into his computers.

 

Not sure why but that comment reminded me of another trucking myth. You do not have to log just because you cross a state line. Anybody that tries to say otherwise had better be prepared to post the rule! To date I am yet to find it in part 295.

 

Justice served lol

 

That did not happen unless you were pulled in at a port of entry and looked at.

Generally all modern scales etc have the technology now to put a time on your rig passing through and if you are still rolling 11 hours after that "Hit" they will come after you at the next scale. Who knows?

There is however a need to record mileage accumulated in each state and turn that in for a variety of good reasons, it is not too difficult using "Big Data" to put up your truck against hours driven to discover violations on a given day.

 

You are right and I fullly agree. However I was referring to a generic state line crossing. If you have crossed a state line and are still within that 100 miles you don't have to log, unless of course your company requires it. However in that case it is a company requirement not a legal one.

Edited to add: Back when I lived in Georgia I lived in a town about 9 miles from the South Carolina line. There were many trucking lines that were based out of Greenville and Anderson that made daily pickups and delivery's in my hometown and two local companies that did the same in South Carolina. One of the guys that worked as an OO with one of them corrected me about that crossing a state line myth back in the 70s.

 

Their property their rules,darn right they can force you to move as they should..Think before you take it upon your self to park where you see fit.Out of hours or not you park illegally then move it.Respect other ppls property.