Stuck at a shipper with no driving time left

Every situation is different and every company is different. I google earth the surrounding area and look for place if they wont let me stay on the property.

 

Mine is awesome! I guess some of us can just tough it out for a while, lol.

 

Talk about making a mountain out of an ant hill. He should just left when first told to do so. Even if he would have gotten into a wreck while driving outside of HOS a good lawyer would of had one hell of a case against Costco.

 

I am not an attorney, but something tells me this is not the case. I don't think you can transfer liability like that. I would think Costco's attorneys would argue just because you were out of hours does not necessarily mean you are unfit to safely drive a short distance. And in any case you must exercise due care. This means if you feel unfit to drive and Costco still insists you leave you might have been better off calling a wrecker. I would be interested in what an experienced attorney would have to say about this.

 

I would imagine that Costco would say that it is not their responsibility to make sure that you have hours to drive.

 

Of course they'd claim that but the driver's lawyer could argue that they forced him into committing an illegal act. It could go either way but I do think Costco would be in hot water if it went to court. It's like the bars that get sued for letting a drunk person leave and he gets in a car wreck.

 

The Hampton Roads Bridge Tunnel Is the route I 64 takes from Hampton across the water to Norfolk Va. It is about 1/4 mile from my home. I was thinking about that tunnel as I read your post. What if a driver hit his hour limit right in the middle of the tunnel then stopped and refused to move on. Then when directed by VDOT to move goes a mile further and hits and kills a family of 4. Is the Virginia DOT now responsible for those deaths?

 

I don't know if this has been said or not i didnt read the whole thread. But i think there is an exception in the law that you can drive in an "emergency" if you ran out of hours to get the truck to a safe spot. I'm not a driver yet so don't take my word but i'm pretty sure i read that somewhere.

EDIT i was wrong i was reading the "adverse conditions" exception that says:
If unexpected adverse driving conditions slow you down, you may drive up to 2 extra hours to complete what could have been driven in normal conditions. This means you could drive for up to 13 hours, which is 2 hours more than allowed under normal conditions. Adverse driving conditions mean things that you did not know about when you started your run, like snow, fog, or a shut-down of traffic due to a crash. Adverse driving conditions do not include situations that you should have known about, such as congested traffic during typical “rush hour” periods. Even though you may drive 2 extra hours under this exception, you must not drive after the 14th consecutive hour after coming on duty, and you must comply with the minimum 30-minute rest break provisions. This regulation is found in Section 395.1(b)

 

I'm home every day at 4:00 in time for Judge Judy and I spend my weekends fishing when the weather is decent

 

That's a completely different scenario because this driver would be causing a major safety hazard by shutting in the tunnel, LOL. Driving illegally to get to a suitable shut down area would be much more preferable. Any sane judge or jury would understand this.

The Costco driver in question was already in a safe area to take a rest break and Costco asked him to move for their own arbitrary reasons despite knowing he was not legally permitted to operate the vehicle at that time.