Unpaid leave for a week for hitting a pole?

Money and DOT bad points.

 

So to continue this hypothetical discussion, if a truck stop is private property and the manager calls the police, what authority would the officer/s have to "make you move?" Could an officer come to your private property house, say, based on a complaint from your neighbor to them that your kids were staying up too late, and "make" your kids go to bed?

 

Private property with direct public access... the same reason DOT can inspect you there or the police can cite you, etc. Already well established in law.

Also, your example is flawed. Your neighbour would certainly be within his right to call the police to throw you and/or your kids out of his house. There is no right, inherent or implied, to park at a truck stop. You are there at the pleasure of the owner.

 

Um, probably not. Trespass means the intentional and wrongful invasion of another's real property. A truck stop owner would have to prove that a truck parking there was "invading" his property. My guess is a lawyer would have a hard time proving that a truck being there was "wrongful invasion," since a truck stop's purpose is to park trucks, among other things, even though it is legally "private" real property. And police do not issue parking citations on private property.

The O/P's driver was lucky he wasn't fired on the spot, whether he was inconvenienced on private property or not.

 

Key fact you are missing is the OWNER can do what they want with their own property. As a parked truck, you are a guest.

Beyond that, why not move, heck even with e-logs, most are set up so you can move a truck, no violation...you are not on a public road...on a private parking lot, so no hos violation. Nuff said.

 

And just what do you think the DOT is going to do?









I mean, other than tell you to move your ###?

 

They certainly can and do. Typically it is covered by local bylaws.

 

You and your Lawyer can think all you want, put yourself in that spot and all your doing is supplying a Law enforcement offercer to witness you Breaking the law, rather then just do it and get over it. Many drivers have tried that and it will not get you anywhere. You'll find out soon enough




American Trucker

 

I have to be honest here I am a small fleet owner and if that was one of my drivers I would have fired his ### right there. Do you not realise how much money that "small scrape" is going to cost his company? Repair costs lost revenue on the truck ect... All of which could have been avoided if he would have gotten out of his truck and looked around. 10 seconds could have saved him a whole lot of trouble.

 

I think very few company drivers have a real grasp of what kind of numbers are involved.