Travel ban ticket in Pa

Discussion in 'Ask An Owner Operator' started by Buya, Feb 12, 2019.

  1. Expeditor

    Expeditor Medium Load Member

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    Ignorantia juris non excusat[1] or ignorantia legis neminem excusat[2] (Latin for "ignorance of the law excuses not"[1] and "ignorance of law excuses no one"[2] respectively) is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely because one was unaware of its content.

    News, CB, Road signs, No other trucks on road, one of those should of told you.
     
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  3. Ridgeline

    Ridgeline Road Train Member

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    IT DOESN'T APPLY.

    It isn't a law, it is a proclamation and there is a serious question if he was alerted on his phone or ELD.
     
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  4. Krhaulin

    Krhaulin Bobtail Member

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    Where exactly did it happen? What time?
     
  5. Buya

    Buya Bobtail Member

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    Araund 9:45 am hazleton pa 81 north
     
  6. truckdriver31

    truckdriver31 Road Train Member

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    lol. va even lights up the sign for pa.
     
  7. Expeditor

    Expeditor Medium Load Member

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    How is it possible to cite someone if no law was broken? They call it a court of LAW for something
     
  8. TallJoe

    TallJoe Road Train Member

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    I'd call the court clerk office stated on the ticket and asked if that was classified as a moving violation and they should know it. If so, I'd hire a lawyer to amend it to a non moving violation. If it is a non moving violation, I'd pay it and forget it.
     
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  9. roadtech

    roadtech Medium Load Member

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    I was coming back from Ohio across Rte 80 in PA the same day bringing back one of the two new Mac trailers we just bought and they had the truck ban posted on the light up highway signs banning all empty trucks and doubles . They were banning past the 212 mile marker. I almost took a chance
    And was going to chance it to get to 81 to go up to NY where I live . I actually had about a foot of snow in the empty trailer , so technically I wasn’t really empty, I left it in there for the additional weight in the snow. It would depend on the trooper
    If he was a little prick or not if He would agree I wasn’t really empty and Had some weight in the trailer or give me a ticket and tell me their classic line “tell the judge “ .
    I didn’t want to deal with any potential ######## so I took Rte 15 north to 17 east which was in worse condition with snow than 80 was but I didn’t have to worry about getting pulled over and ticketed, sometimes you have to listen to your gut.
     
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  10. roadtech

    roadtech Medium Load Member

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    I agree. If you have a good driving record , bring a copy of your DMV driving record and your log book to prove where you were when you started and there were no highway signs showing a truck ban. In PA you can make a deal with the trooper who wrote the ticket before you go see the magistrate ( judge) the day of court. I’ve done it a few times. Many times they’ll reduce it to a parking ticket or a minor non moving violation if you have a good chance of beating them in court so they can still get you for something. If they don’t want to play ball take it to the magistrate and state your case.
    In NY state a few weeks ago they had a truck ban on certain sections of the thruway during a winter storm and some trucks ignored it and there was a big pile up and a NY state trooper got hurt and now they’re ( governor Cuomo ) are trying to hang those truckers involved with criminal charges above and beyond the moving violations and fines
    for ignoring the truck ban. The NY state police are taking it personal too, I can tell you from personal experience, they’re are hammering trucks even more
    Than they were before with DOT inspections all over
    And at all hours of the night . They were inspecting trucks on 81 south at 10:30 pm in a snow storm a week ago at the Whitney Point Rest Area . There were about 6 DOT vans and Tahoe’s in there and 2 chase cars at the Ramps.
    Last week I had a DOT cop in NY chase me down in my personal pick up ( single wheel f250 super duty with a diamondplate utility body ). I was pulling a empty boat trailer going to pick up a fishing boat I bought in Connecticut . He tried to break my balls about having DOT #’s on my pick up. I told him it was my personal pick up under 10k lbs and I was going to get my boat. He grilled me for about a half hour trying to say I was over 10k GVWR with the boat trailer and that he didn’t believe my boat story. That I was doing commerce with my truck and
    “ We’re cracking down on you guys , And I get lied to all day long, and a Trooper got hurt last week because of you guys !! Blah blah blah. “
    I showed him my CDL A ( crystal clean ) told him I understand and been out here 32 years and know the law , and I’m not “you guys” . I offered to show him my cell phone showing the pictures of the boat
    and texts to prove it was my personal boat I was picking up and he said he couldn’t look at my phone
    without a Subpoena from a judge. He knew I could
    Prove him wrong with my proof I had on my phone.
    I told him I have troopers look at my phone all the time to look at my ELD when I’m in my tractor . He finally let me go without
    a ticket , but went on about how lucky I was I wasn’t
    Getting a full level 1 inspection and next time I wouldn’t be so lucky, and were looking for “ you guys”. Definitely a little man with an agenda.
     
    Last edited: Feb 13, 2019
  11. Ridgeline

    Ridgeline Road Train Member

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    Your point is that he should have known it was closed as if it was a commonly known standing law, which it was a standing order and a proclamation made to communicate the order, a bit of different.

    The judge/referee/arbitrator can vacate the ticket because there is a communications issue with the order and proclamation made by the governor to the OP, there is a reasonable doubt that the OP knew about it.

    The cops have latitude to issue the ticket or not issue because of the nature of the infraction, bad weather is covered by actual road laws and those laws allow the governor to make decisions for safety of the public but that's not the issue, the communications is the issue with the OP from my point of view.

    One thing I wonder about is did PA issue an alert through the phone system, and if they did, then the OP doesn't have much of an excuse, but if they didn't, then his ticket should be thrown out.
     
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