I was legally parked on a street that had no "no parking" signs, yellow curbs or fire hydrants. I was in SB when i was approached by a rent a cop telling me i had to move. I explained that I was out of hours and legally parked so i can't move.
Rent a cop insisted on me moving so i requested the police to be called to help with the situation.
Police came and said i had to move. I explained that there were no " no parking" signs or the above mentioned. Then i asked the officer if he is giving me permission to break the federal mandate hours of service rules. He said no but you have to move. I refused to move, the officer proceeded to write me a parking ticket for a road that i wasn't on, that had " no parking" signs posted... that's why I didn't park there..lol
Question, if we are legally parked, can an officer interrupt or SB time?
Question, if we are legally parked, do we have to move or break the hour of service rules ?
I am fighting this ticket by trial but i can't find the answers to these questions in the green book..
Legally parked and ticketed for parking on a street i wasn't on
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Police can make you move legally. It was addressed by FMCSA. You note officers name/number in your logbook and move to a safe parking spot. You can finish your break than. And no, it doesn’t interrupt your break, you can use P/C to reposition the truck.
rent a cops CAN AND WILL call the cops, and many times, the cops "back up" the rental cop as he/she is being paid for a specific reason.
i know this for a fact, as BOTH my sons had jobs as "rent a cops", in their youth, and told me all the BS some people gave them, so they radioed for the cops...you really do NOT want to give rent a cops any guff.....cuz when the cops COME, they take prisoners. rent a cops may not have so-called authority, but when they call for the cops, watch out.
that section (area) where the o/p was parked, could have been for road work and the rent a cop was hired by the construction company, so they DO NOT NEED signs, the rent a cop IS THE SIGN...
there could have been an apartment building that the o/p did not see, that owned the street or owned the right of way..
we do not know the details, the o/p should have moved. he either has to pay this parking ticket, or fight it.
what he needs to worry about now, is if this ticket is beyond the "usual" parking ticket that carries point,s for disobeying an officer.
Ok I may be a frustrated old fart and getting a number of stupid moves from some of the drivers I have working for me so ....
Let's break this down a bit driver ....
Leaving out information like where this happened and etc ... seems to be important.
That said, you are resorting to the position that the Feds are the ones who override local and state laws.
Which they don't.
So to educate you and others on how this actually works, again here is an explanation.
The Feds through the constitution are allowed to regulate interstate commerce. Back in the 30's they got into the truck regulation business and started with the hours of service for interstate trucking. HOS were created to protect the driver, nothing else and it worked for the most part
However the states didn't have to follow the Feds and many states didn't but created their own when it came to adopting hos until after the war, the war brought out the worst in deaths and long hours in the trucking world. So back around 1947, the states started to negotiate with each other on harmonizing the vehicle laws and regulations, which some if it were started as early as 1948, thanks impart to the society of automotive engineers (SAE) for coming up with many of the standards and the Feds laters started to use those standard. One of the most obvious change was license plates were standardized by 1955.
So fast forward to today's reality, the states adopted for the most part the fmcsa hos and regulations, and the states enforce all of it as their own Texas and a couple other states do have their own intrastate rules. Again there is no federal enforcement, just the states.
Let's apply this to your situation.
First you can't tell someone that it is a federal law or regulation that you can't move, there isn't one because the state is in control. If a cop says move. You move.
Second as much as you are claiming you are out of hours, there is personal conveyance that can be used but you have to get permission from your company to do this, some companies don't allow it. Again as I said before we don't want fmcsa to define this, we want it flexible as possible, once it becomes defined, then it isn't flexible
Third he wrote you a ticket because you insisted on not moving and if you say it isn't accurate that he put on another street instead of the actual one, then you have to prove it with some records (eld gps location).
Fourth as one of my drivers just recently faced this and it was caused by the same issue with her claiming federal "laws" forbids her from moving the truck, I told my drivers to take the ticket and just stay put they wrote you one, they are unlikely to write another one and if they threaten to tow, just leave.
oh and about rentacops. Don't stoop to their level. Most of them are failures in other things and can't be taken seriously.
Good luck fighting the ticket.
I don't understand how you can say your legally parked on a street that has sign saying no parking. The No Parking sign would mean your not legally parked. If it was me I would have used Personal Conveyance to move.Intothesunset Thanks this.
Here is some more info..
This situation occurred in New Jersey.
I was legally parked in an light individual zoned area.
I was parked on a public street infront of my receiver. Kinda like if someone parked in front of your house and you don't want them there, it's a public street.
I wasn't going to take the rent a cops word because it's a public road.
I requested the police be called.
I know about personal conveyance and how to
I asked for permission to break the hos.
The police refused
I'm getting annoyed at this time...
The police could not tell me what law i was breaking in order for me to move..
Since I was not breaking any law, he cited me falsely.
And i do have proof, ie security guard, gps location, video and photos..
The point is, people need to stand up for themselves and quit bowing down to anyone with a badge..i am 100% confident in my innocence and I'm going to practice my rights of due process..
The point is,
Once the Police officer told you to move, you should have..regardless. Log PC and move.
Still got a Bee in your Bonnet the next day? File a complaint with the PD. Perhaps there’s a bylaw justifying the rent-a-cop telling you to move.
The way you decided to go with the issue is pure silliness. Now you got a ticket to deal with.
Take it to trial? Maybe just a simple hearing...at additional cost.
I already had a "simple hearing" and pleaded not guilty..Now it goes to trial.
Thanks for the legal advice tho
If you want to lay down your rights, that's fine..I'll step over you and leadRideandrepair Thanks this.
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