HOS Amendment?

What would be the verdict if this happened and one got ina an accident when out of hours but you had been forced to leave the shippers property and you were trying to find somewhere safe to take a 10? Would there be recourse to come back on the shipper for forcing you to drive illegally by not allowing you to stay on their property or would it just be SOL trucker.

 

I don't know. Knowing how the ambulance chasing lawyers act, I would imagine they would sue the shipper/receiver but probably to no avail. The driver would probably be SOL, but they are a lot of "What if's". I guess the only suggestion I would make is this, pull off on the shoulder where it is permitted to park. I don't know what the answer is. I haven't seen this in my experience.

 

LOL I have never had to run two log books I am so good with logs I can make one log book look so pretty.

 

Yes your right alot of what if's i was just curious to here what you thought of that situation. Hopefully none of us will ever have to face that situation. Thanks

 

Obviously it would have to be written into the law that an officer can allow x amount of discretion in a given amount of time in order for an officer to use his discretion, they must have a black/white set of rules to do their job with.
If their enforcement becomes subjective it creates lawsuits. danged lawyers.

 

No it's #### lawyers!

 

Until on-board recorders are mandated the rule will never change. Too many drivers fudging, using loose leaf logs, or two log books. There is no way for an officer to know how many hours the driver has actually been on-duty or driving; therefore, the officer cannot have latitude to allow the driver to continue to operate.

Be safe.

 

Once the load is on your trailer and you are running.... an O/O is 100% responsible...... Company drivers are at least 50% responsible.....
There are very creative ways to get around detention time folks....but soon those will be gone when we're all forced to use electronic logs....

 

The officer can by his own determination, judge a driver to be 'fatigued' and shut that driver down for his and the safety of the motoring public....