Idiling...a Criminal Offence

Discussion in 'Trucking Industry Regulations' started by Truckin Juggalo, Sep 26, 2006.

  1. PackRatTDI

    PackRatTDI Licensed to Ill

    14,765
    22,568
    Jul 15, 2006
    El Chuco, Tejas
    0
    Ummm, I seriously doubt that's a loophole that would work.
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. Scarecrow03

    Scarecrow03 Road Train Member

    3,411
    7,443
    Sep 27, 2006
    In Your Head
    0
    In an effort of being nice, I'll just simply say that is wrong. Do not pass "Go", do not collect $200...
     
  4. Aussie

    Aussie <strong>Thunder From DownUnder</strong>

    193
    14
    May 7, 2006
    Lynchburg, VA
    0
    It's our God given right to be comfortable in an enviroment that won't cause illness or sickness to an individual - I'll carry a pet fly if I have to go into those areas to screw their regulations. One of my posts in this thread explains what happened to me - almost a body bag - with no A/C and I ain't going to be in a position where it's cold enough to freeze them off a brass monkey or melt them!!
    I carry my passport - cops don't like seeing that little blue book shoved in their faces!
     
  5. Truckin Juggalo

    Truckin Juggalo Medium Load Member

    606
    125
    Aug 5, 2006
    Madisonville, TN
    0
    Well i sent my Statment off to Interstate Trucker my Case goes to Court next Thursday 10/26/06.. heres a copy of my writen statment

    Statement for Christopher Wright
    concerning the traffic violation ticket issued on 8-26-06

    I swear that this statement is true to the best of my recollection:

    I was woken up at approximately 11:00 pm, by a state trooper banging on my drivers side door. I was startled by the noise. After shutting off the engine and opening the door, The trooper informed me that he had been sitting there watching me idle the truck for over an hour. He then asked me if I knew it was illegal to idle the truck in the State of New York.
    He then proceeded to ask me how often I come to the state, to which I replied, “No, officer, I did not know it was illegal to idle the truck. The last time I was in New York was a month prior, at which time I didn’t stay for my ten hour break, nor have I ever stayed for my ten hour rest break.”

    The officer then asked me if I saw the no idling sign posted at the entrance. I told him that I hadn’t, that I was very tired when I arrived. I explained that I had just worked a full shift and had been up for 14 hours. I parked, made something quick to eat, and went to bed straight away.

    He then asked me for my log book, which I freely handed to him for examination. He then explained to me that idling in New York was a misdemeanor offense, and asked me if I had any prior tickets. I answered that I had a prior ticket for a mud flap. He looked at me and told me in a stern voice that a mud flap wasn’t a real ticket and that it had to be reduced. He then asked me what the ticket was really for. To which I explained that the original ticket was for failure to obey traffic control device.
    I then explained further that it was reduced in court because it was an emergency situation.

    The officer then went to his cruiser. He came back a short while later with Ticket in hand and Explained to me that because it was my first offence he was being lenient and didn’t give me the misdemeanor. I asked the officer how much the ticket was for and he informed me that would be decided in court. He handed back my Driver’s license and Permit book and left.

    My company does not offer an Idling Alternative Device, nor was there an idling Alternative service located at this Service Plaza such as Idle Aire. I am an Over-The-Road Truck Driver and I live in my truck 300 days a year. I have a refrigerator with perishable food inside. I would lose a lot of perishable personal effects including food and my wife’s medicines if I did not run the truck to keep the batteries charged to run power to the refrigerator. I have in the past had problems with keeping the batteries charged so I take no chances in such cases.
    Thank you for your time.
     
  6. TurboTrucker

    TurboTrucker Road Train Member

    861
    276
    Feb 23, 2005
    Rossville, Georgia
    0
    New York State Idling laws are rather cut and dried.

    A truck is allowed to idle for only five consecutive minutes, with the following exceptions being the only circumstances allowed to bypass the five minute limit;

    • While in traffic and stopped for reasons outside of the driver's control.
    • While within mines and quarries.
    • While the engine is used for an auxillary purpose (very broad, but examples used are loading, discharging, mixing or processing cargo; controlling cargo temperature; construction; lumbering; oil or gas well servicing; farming; or when operation of the engine is required for the purpose of maintenance. Notice that APU's for the purpose of keeping the cab comfortable for sleeping are absent in this regulation exemption.)
    • While parked for more than 2 hours and less than 25 degrees
    • While being inspected by a State Inspector for the purpose of determining the exhaust emissions of such an engine.
    • While recharging hybrid electric batteries

    The following vehicles are exempt from idling regulations in New York State

    • Buses while carrying passengers
    • Maintenance vehicles
    • Emergency Vehicles
    • Farm vehicles
    • Electric vehicles (duh!)
    • Marine vessels

    Unlike most of the other states that have passed idling legislation, New York does not appear to exempt auxillary generators or APU's from idling more than the five minutes allowed for any other engine. There is no pet exemption either.

    So there is no way to idle any type of engine for the purposes of maintaining cab comfort for the purposes of obtaining rest.

    New York makes it rather clear. Get in, and get out. We don't want you hanging around in this state and sleeping.

    The fine structure is also clear. They start at $375.00 for first time offenses, and can be as high as $22,000 for subsequent offenses.

    My position is clear in response to this outrageous law with no sensible exemptions for the driver and his comfort.

    New York, my hind end will never grace your state ever again. No truck that I am driving, whether I own it or not, will enter your borders while I am in control of it. To any employer that would demand I enter that border, I will say my good byes to, and seek a working life elsewhere.
     
  7. Brickman

    Brickman Trucker Forum STAFF Staff Member

    12,908
    12,210
    Sep 17, 2006
    WY
    0
    I was considering hauling a load to NY next week. But with this bull doodie I believe I'll pass on that load.
     
  8. dechiknhaulr

    dechiknhaulr Bobtail Member

    5
    0
    Sep 12, 2006
    0
    Just make sure you tell them why you chose to pass on the load. Get the message out there.
     
  9. Brickman

    Brickman Trucker Forum STAFF Staff Member

    12,908
    12,210
    Sep 17, 2006
    WY
    0






    With Landstar I get my loads off the board most of the time (occasionally an agent will call direct). I don't call on the loads I don't want. Upon further exam of the load board I might still have to go to NY as there isn't much going on out of the area I'm delivering monday. I'll just deliver and exit NY the same day if I can.
     
  10. brinkj23

    brinkj23 "Asphalt Cowboy"

    1,165
    322
    Dec 26, 2005
    Minnesota
    0
    New york state are just comple a holes to truckers. Cant idle there, cant park for free in some places. Last time I was in New York, we got a parking ticket for our trailer being about 2 feet into the road from the side. We explained we were trying to get it parked on the street, had to kinda parralel park on the street. He said I dont care your blocking a traffic lane, heres a 150 dollar ticket goodbye. But not two blocks down were two tankers blocking the left and right lane leaving only the middle lane. We had about an inch on each side going down that road, but they didnt get a ticket. Screw New York and the horses they road in on.
     
  11. earthbrown

    earthbrown Medium Load Member

    362
    40
    May 27, 2006
    0
    This really only happens at state rest areas, and the truckstops near to NYC. I am really surprised that this guy got ticketted in Dunkirk. From my travels on the 1-90, Dunkirk is one of the few restareas with the no idleing signs, and I suspect that the local court has requested the signs and enforcement to make $$$$$.

    Also why was the officer watching his truck for 1.5hrs? Could that time have been better spent looking for DWI's or Excessive speeders??
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.