Rest stops = No Overnight Parking?

I was speaking to a guy a few days ago that had one of his drivers placed OOS in Texas after being caught on Texas Hwy 31 between Waco and Corsicana. I did not get all of the specifics however his driver was moving PC and when asked why the driver said he had been run off while parked in Mt Calm and was attempting to get to Corsicana. That CF including towing charges cost well over $1,000 bucks. PC when you have to, that's why the FMCSA allows it. Just don't abuse it.

 

That sign qualifies as being told to move.

 

I think the case can be made that it in fact is not. When you know you have to be stopped for 10, but park knowing you can only stay there for 8 is stretching that point a bit!

 

Really. An LEO placed the sign and you seen him place it? Remember it's not being told to move by any random person, but by an LEO.
Sorry you can't see that poor planning isn't a valid use of PC, but it's not.

 

That place to park could have been the first safe and legal place to park. If a driver is struggling to stay awake, are you saying that the driver should just keep going? You are trying to be too exacting with the use of PC. That is absolutely valid use of PC, whether you personally disagree or not.

 

No it's not. And it's not legal to stop there if you can't stop there for your full 10.
And again, there are specific uses in the guidance, and that's simply not one of them.

 

First, I don't remember seeing coulda, shoulda, woulda's in the rules. I am also not implying anything. I am simply stating that getting past a DOT officer when said officer is told you left a 8 hour sign because you were run off might be problematic.

 

We will agree to disagree. I think you are trying to apply personal interpretation to the use of PC.

 

Well one of us is, and it's not me.

Here is the guidance in case you didn't know what it actually says.
Personal Conveyance | FMCSA

You will note there is no where in there that allows one to move a CMV in the middle of a rest break.

 

A legal authority placed the sign. LEOs enforce laws, like speed limits. That sign carries the same weight as LEO saying it's time to move. Does a driver have to wait until LEO says to stop before stopping at a stop sign? But, stopping is impeding traffic. See how stupid this is sounding?