Well here it goes, tomorrow I'm going to face a judge "illegal" parking vs. hos

Discussion in 'Experienced Truckers' Advice' started by Infosaur, Dec 25, 2017.

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  1. Infosaur

    Infosaur Road Train Member

    So I made an arrangement to get a load near my mother's place so I could spend the holiday weekend with her. Made my delivery, found a spot to park and hit line 1.

    I got my first ticket within 12 hours but I was already out of hours for the day and planned on taking my 34 at her place (plus Christmas) 6 hours later there was another ticket. (Seriously guys? Now you're just dogpiling) since DOUBLE JEOPARDY doesn't apply to civil cases (convenient) they can write as many tickets as they want for the same offense.

    Finally have my 34 reset in and I have an 11pm departure for my next job and what do I get? A call from my boss about the local PD threatening to tow & impound.

    Called the cops, got them on site told them I was leaving tonight and would be dealing with the court in the morning. Nope, gotta go NOW! (Especially since we know who you are now, we have your license and ID and we can arrest you for not following our commands) So I disconnected the stupid ELD and drove to a local park they said I could leave it at under the agreement that I would be GONE at exactly 10pm. (In retrospect I could have logged it as a Personal Conveyance, hand waving all the laden/unladen trailer/no trailer nonsense. Also the trip was under 2 miles and I could have been a jerk and gone 5mph with the cops following me, but I just wanted to go to sleep as I was supposed to be sleeping.)

    So tomorrow I'm off to do battle with the local township over their stupid rules. It's not about the fine, it's less than $100, but I'm going to try to score a few points for my brothers who are stuck between a rock and a hard place on these regs. Also it appears that household movers have been refused an exemption to the HOS law. So in the future people will find that a guy can spend the whole day loading a trailer and will be unable to leave when he's done.

    For the record it's a 28' C-weight box truck with a moving company.

    And to add insult to injury, one of the neighbors egged the truck which I filed a vandalism report with the PD since they had so much time to keep writing me tickets.
     
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  2. Infosaur

    Infosaur Road Train Member

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  3. Justrucking2

    Justrucking2 Road Train Member

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    Zoning and an ugly neighbor. You will lose in court, but it sounds like you already know that. Go for a reduced fine and call it a day, and be polite... Find parking elsewhere. You are not the first, and far from the last.

    Oh, forget the HOS routine, the judge has no clue and quite honestly he or she will care less. It is all about the vig. Pay up and be on your way... ;-)
     
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  4. Brandt

    Brandt Road Train Member

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    I don't think being out of hours means you can park illegally. Let us know what the judge says.
     
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  5. Infosaur

    Infosaur Road Train Member

    It's not my first go 'round with these chumps but it might be my last. Mom sold her place (the contract is coming tomorrow) and by February we should finally be gone.

    I've been hauled in front of this village's chumps since I was 14 years old and "loitering" or "skateboarding". They don't do much criminal cases so they write tons of tickets and make bank on people just paying them. About mid 20's I decided that if they were going to yank $20-60 out of me for various "offenses" I'd go to court and at least get them to spend the money on the salary for the judge, clerks, et al.

    I'm not looking for some "to Kill a Mockingbird" landmark legal case, just looking to drop the fine a bit and get some jabs in. (Come on! 3+ tickets for the same offense? Calling it an abandoned vehicle when it's feastooned with working phone numbers, a legal DOT # and a valid plate?)

    I just want to score points for HOS hours are federal and outrank local parking laws because if I was out of hours I'd be fined (actually a LOT more) for violating the parking rules.

    (PS: the "legality" of where I parked is questionable because it was a moving van which has an exemption to operate in a residential area. Probably the biggest stretch of my argument, but if I can make that case I think I can win. If not, still cheaper than a trip over th Hudson)
     
  6. bentstrider83

    bentstrider83 Heavy Load Member

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    It's always going to be an unwinnable battle with these chickens when it comes to parking. Can't park in the city, then don't deliver freight there. If you don't come, there's unfortunately going to be many others in fear of "losing a needed income" that will try to play by more rules as best as possible.
     
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  7. austinmike

    austinmike Road Train Member

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  8. LilBudyWizer

    LilBudyWizer Light Load Member

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    I don't know how you strike a blow for us trying to park illegally for 34. I'll park illegally because I have to sleep, it isn't safe ti continue, but that's an hour. Taking 10's and 34's parked illegally is a mark against us.
     
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  9. Dave_in_AZ

    Dave_in_AZ Road Train Member

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    I pay $100 month to park at another companies terminal about 2 miles from the house. The local occifers here are just off the hook. They have like 2 dudes that do code enforcement, and they are on me like a bum on a bologna sandwich.
    I think someone drops dime on me, or I've made an enemy that knows somebody, cause I've seen other trucks, and they don't get hassled.
    Hopefully in a few years I can get an acre or two, and leave these losers in the mirror.

    It's just top flight police work that gets us. Law breaking heathen that we are.
     
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  10. loudtom

    loudtom Medium Load Member

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    If you got a ticket and removed it, then they probably gave you another one because you should have moved after seeing the first one.
     
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