Consequences for First HOS Violation

Go off duty for everything..Crete never said a word to me when I did it.But then again,I just did what I wanted to anyway.lol

 

I will not go so far as to say a cop will lie about this. What I am saying is properly TRAINED DOT officers know and understand the FMCSA's position on PC. However, I will state this as clearly as I can. There are a lot of DOT cops out there that are not properly trained. Some took their classes 10 to 15 years ago and sit and argue with the instructors today and make snide comments. I have actually watched them do this. This is why I said before if a state cop cites for a HOS violation and you were PC (and it was reasonable and can be later proven) get a copy of the guidance and go to court!

 

The question was am i suggesting you stop on an off ramp. If its safe and legal to so, then yes.

I would also add, cross to the on-ramp side to park. This way cars are just entering and accelerating... not flying down the off ramp at 70mph.

Some localities dont like this. Off or on ramp. Fine then keep driving to the legal and closest safe place.

We had a guy, parked on ramp with hazmat. He was written up by the local because he wasnt 5 feet from the road.

Went to court. The off ramp or on ramp is not the road. The road is where the ramp takes you. Eg i24. Where i am.

Ticket was beaten.

And if i am told to move... i am fine with that. Also in the guidance. When can you move when out of hours ? Anytime an officer directs you to do so.

It seems everybody wants to complain and hate on the dot. I do myself at times but generally they are not out to get you... just keep you honest.

I have no issue with that.

Personally, i worry more about bad drivers and companies coercing drivers than i do about the fmcsa or dot or hp.

For most... planning your trip and leaving early will keep you from having to make tough decisions.

Tonight i am an hour from where i planned to be. It happens. I shut down with 10 minutes left. I know i couldnt make it to the pilot or across nashville.

I will still be on time tomorrow, regardless, because i am well past where i absolutely had to be to make the customer.

Good trip planning does miracles.

Last week a load of honey on i94 by exit 2 calumet indiana caused me to stop 60 miles back and take an 8 our break. I later drove thru on-time to my customer. They had no clue. And i was about 2 hours late getting home for my weekend, effecting nobody.

Trip planning isnt just looking at the map.

Its all those little check points and alternate plans and routes encase of a fiasco.

It helps. Dont let your company dictate you out of a job... by setting an unreasonable schedule for you. Ultimately we are the ones that go to jail for mistakes and personally i have to keep earning... by being safe and employable. That really is the bottom line.

 

I would never suggest parking on a ramp, be it legal or not. A ramp is not a safe place to park. Not only does it put you at risk of an accident, it puts you at risk of crime such as robbery and even murder.

 

I admit I did not catch this comment my first time reading it. However, you made a very very important point with it that should have some emphasis placed on it.

There are 3 basic places in regard to local cops where a state officer can become a pain.
1. HOS
2. Condition of vehicle
3. Legals

1 and 2 give the cop a lot of leeway. A cop doing an inspection can deem an airline defective just for spite and there is really nothing the driver can do. I once seen a DOT cop not accept a logbook because the drivers handwriting was so bad it was illegible. A state cop can stop you and do a full inspection at most any time and almost any place. Just because they don't like you!

You can NOT use "local cops say it's illegal" even in clear sight of the FMCSA's official guidance on this as some way to say PC is not allowed, that position is simply wrong and not backed up by the clear as day facts!

This does not mean you won't get cited. You might have to pay a fine. However, it doesn't mean the cop was right to write the citation.

 

To be fair the regs do say that it is to be legible. And cities and states at change of duty status to be spelled correctly.

 

Right because crimes and accidents dont happen in truck stop lots.

 

Of course they happen. When someone hits you in a truck stop they don't turn around and sue you for pain and suffering and injuries that can't be disproven like they do when they hit you when parked on a ramp.

As for crime, the much higher "population density" is a great deterrent. Sure its not risk free but its a lot less likely than when parked on the side of the road in the middle of nowhere in the dark of night

 

I would not advise a driver to park anywhere unsafe or illegal. However, it is true that several lawsuits have been filed because of other mostly smaller vehicles hitting trucks. If I remember right a parked truck got hit from behind on the PA Turnpike some years ago by a Greyhound bus.

I will say this though. During my active driving days, I did park on ramps. You do what you have to do to get through the day.