So I was driving from Minooka to a restaurant in Morris. Just because the greedy worthless scum ruled against the driver in the case you mentioned doesn't make them right.
And if you listen to Rick Gobbels (sp?) who was a former employee of the FMCSA when he's being interviewed, he will tell you that UNLADENED means since you have an empty trailer, you can certainly use your CMV for personal conveyance. So... taking the example of a driver with say type II diabetes doing a 34-hour reset in Minooka... because that's where he went empty... who can't eat any of the crap food in that crap Pilot - who then goes to Morris to get a decent meal - how can anyone say that was not used in the spirit of the regulations for personal conveyance? These vehicles are not prisons, nor can the states and federal government be allowed to condone endangering the health and safety of drivers for the sake of tyrranical adherence to a convenient mis-interpretation of the FMCSRs.
Unladen is the issue and is subject to the individual interpretation. The interpretation of unladen in this case was a bobtail versus nothing on the truck. They felt the movement of the entire truck and trailer constituted driving a commercial vehicle. You can argue any way that you wish. It was the facts of the case and I look for this to become more prevalent as they become known to the public. Many companies are setting their EOBR's to recognize any movement including in the parking lot at the truck stop. Each of the companies will eventually be required to comply with a specific amount. After all, we all know the government. The arguement of the Diabetic does not hold water. After all, proper planning would dictate keeping the proper food and supplies on the truck. Many drivers do not eat in truck stops. I agree that they should not be considered like prison, but I am not the one who makes the rules.
By all the definitions I can find, an empty trailer cannot be defined as laden in any way. All this is is a lack of a good lawyer and an abuse of the rules by the courts in order to steal money. A twisting of the law. These are the facts of the case. An unwillingness to stand and fight will not only encourage them to make even more restrictive rules that will make all trucks into a prison.
As an owner operator, I carry bobtail insurance for when I am unladen. My truck is classified as loaded when hooked to a trailer whether it is empty or loaded. This is per the DOT and my company.
I did not state I agree with the rulings, but only that I believe they will be making changes. I would not even consider working for the company you do, because I do believe them to be a lousy carrier as well. And if I do decide to leave, the truck is mine, not theirs. I can see it now. Accident while on Line 5. Well officer, I was not over on my log book. I was on Line 5 for personal conveyance. Good luck. I know I run for a company that is running legal and not playing games. To each their own.
So...since I'm stuck at the terminal for a 34 and I choose to use MY truck to go wash clothes and get a good meal while OFF Duty DRIVING, I'm suddenly a menace to everyone on the road. You are incredible.
You will take truck and trailer? Your laundry that large? I would only take my bobtail. Keep trying to twist it.
