You run out of hours, not allowed to park on property for your 10

i actually had this happen, when i worked as a yardman/yard boss...

i had to begrudgingly, kick out drivers either early arrivals or out of hours drivers.

simple reason really, and it was not because i am/was an a-hole...

it was because the business was in a partial residential/business district, and the neighbors, ONE in particular, thought NOTHING of calling the cops, and they would kick out the drivers.

yes, i could have just let the neighbor call and do the dirty work, but then the next night, when i'd show up for work, i''d get an earful, cuz i could have prevented a "scene"...

i think if the neighbor just ####, HE WOULD have prevented a scene.

so there you have it, sometimes, one is just NOT ALLOWED to stay on private property, and frankly, when signs are posted, "NO OVER NIGHT PARKING"...why question the reason why...??

you see those signs ALL THE TIME, along our highways, where cops write you a ticket...THEN WAKE YOU UP, and kick you out.....

don't believe me..??

try parking alongside of the highway in MD, where it is clearly marked.."NO TRUCK PARKING"

 

Sure, but you were talking about a legal matter. In legal matters terms matter.
Safe haven is vary often cited, but wrong concept a lot of people use to describe moving to a safe location. It has nothing to do with that. It's a specific term that deals with where certain types of hazmat can park. It has nothing to do with HOS.

For future, when talking about what is and is not legal, use the terms safe location, or safe safe resting area or such. It only confuses people that don't know netter when one uses "Safe Haven" in relation to HOS.

 

Lol...in reality place the same regs we have in many areas on the shippers....fine them accordingly and they might get their keester moving faster at some places...have a safe one drivers

 

Every day we have drivers wanting to take their 10 hour break on our property. Most of the time we don't have the room. Disrespectful drivers have swept their junk out of the trailer (they are allowed to come in and clean their trailer out) in the lot, leave piss jugs, etc. There's room for 3 trucks outside of the gate but they don't want to move. We close at 3:30. We've never called the cops but there's no reason to squat on private property as it's not our fault the laws are not fair. Most of the time they are unloaded in 2 hours or less. If you are in sleeper berth, that would give you plenty of time to drive to the truck stop or your next pickup. It's not the customers responsibility to house drivers after they are loaded/unloaded because of the logging rules. Most places just don't have the room.

 

this is why you have line 5 off-duty driving..if you run out of hours while getting loaded or unloaded a shipper or receiver you simply go to the line 5 and you drive to the nearest safe place to park. if there's a truck stop down the road about 15 miles if there's a truck stop about 30 miles you can use the personal conveyance to get there you cannot use it to go deliver a load or drive to your next pick up or do anything on duty wise..if you know how to use it and you can use it by the law and prove it let's say you were at ABC Warehouse for 7 hours you pulled in there with 4 hours left on the clock the next truck stop down the road is going to be 27 miles..after you deliver you simply log onto Line 5 which is off-duty driving and you drive the 27 miles down to the truck stop and You Begin your 10-hour break.

 

If your company allows personal conveyance, not all companies do or they limit it to only a few miles/minutes. Legally, you are correct, but off-duty driving still remains a company permission status since companies can be more restrictive that the regulations.

 

that's kind of a slippery slope though because you can actually fight it you should not be working for a company that gives you any.. for starters my company gives you what you need to try believe it's 2 hours or 50 miles but I try not to abuse it but it is nice to know some companies give you five minutes well guess what what I simply tell them is documented on your Qualcomm that your company is forcing you to run without hours you ran out of hours at a customer there is no safe place to park keep moving the truck..and then if they try to pull a stunt with you like trying to fire you or discipline you heavily and you are one of the better employees but they just have a tendency to try to get the upper hand just tell him you're going to call a truck in lawyer first you're going to call ooida then you're going to turn around and call a trucking lawyer and I'm going to take you to court because technically the personal conveyance law if you readwill explain it can get you to a safe place where you need to be you cannot move that truck down the road as far as moving freight for just the heck of it you cannot go and pass by a hundred truck stops to keep moving that extra bit that's a No-No..unfortunately so many have not educated themselves on the personal conveyance lock or read the updates or what it consists of you can feel free to call Allied and speak to somebody not even be a member I recommend being a member I'm a senior member now for 14 years but that's a different thing I'm just saying learn what personal conveyance is talk to your safety director and say hey I'm not using it every time we had some idiots with our company that did do that every single night or I can't find out where to park so when they pulled the logs they could see they were online 5 moving 40 extra miles those are the Bad Apple sat ruin it for everybody else..but if you run into a problem or you're the customer you should be able to document that on your Qualcomm or your people net or whoever and simply tell them I'm using my personal conveyance when I'm empty I have now ran out of hours I'm going to the safest place where I can parkbut make sure you document it cuz when on Qualcomm it can be subpoenaed in court if it comes to that but it's documented nonetheless don't take their word for it on phone cuz the he-said-she-said comes into play..basically a scenario would be to just simply type on the Qualcomm say hey I'm out of hours here at the customer I cannot safely Park here they will not let me I'm going to use personal conveyance to get to the nearest truck stop I've already pulled it up it's about 31 miles away I'm going where it's safe and then I'm shutting down for a full 10 hours however I'm also documented that if you try to force me to not and I park this truck on the side of the road and it is struck I will not have a preventable accident on me because I am documenting this right now and it is legal.. so basically you throw it right back at them some of these companies are learning that when they get a lot of old school drivers and they can't push him around and they threatened them with the law and suing them if you fire me Shae I don't care I know the laws of personal conveyance I don't care how you have it set up I am using it to safely Park or I'll see you in court and I've already documented it too so therefore my lawyer can subpoena it from Qualcomm and the nice thing about screenshots to as I've taken a picture and screenshot it into a file so that way the picture of the Qualcomm shows that message was sent even if you say something happened in the files were erased nice try see that's the joy of a screenshot to one quickshot to the Qualcomm there's the message create a file Qualcomm messages lol they don't have to know

 

Sometimes I think the average driver thinks there is a Fed or a diesel cop behind every tree ready to pounce the very time a driver (busts) one of their clocks. I got a news bulletin for you, they don't. It's frustrating sometimes for me because it seems nobody is listening to me on this issue. Back in the paper log days, it was (silently) understood by the FMCSA that situations will mandate a driver bust a clock. A good safety critter also understands this. This thinking is behind the reason the FMCSA has backed off this PC while loaded issue in the day of the elog. The average driver does NOT have a clue what goes on behind the scenes in the typical safety dept. They would rather have a root canal than admit it, but they do expect a bust every once in a while because IT IS EXPECTED. They will either talk to you in person or via telephone AND NOTE that conversation. Provided you do it no more than a few times a year the FMCSA doesn't give a rats patoot! As long as they can find evidence of the contact. Further, if you have to bust a 14 or even an 11-hour clock to get to a rest haven provided it is a reasonable amount of time and 2 weeks later you run over and kill that poor family of 4 this will have NO BEARING on that case. Because there is a person called a defense attorney that will introduce the being held up as evidence at trial. Along with the fact you were only going to a safe place to park and GOT REST!

The FMCSA is NOT going to provide exceptions for doing this in 395, to do so would place them under a VERY burdensome liability, they solved it by the PC rules. If a carrier has not enabled line 5 they have another system in place. Because this is a problem across ALL of the trucking world. The FMCSA a long time ago understood in some situations a driver DOES NOT have reasonable control of their actions. The FMCSA stands ready though to bust a driver that has contempt and criminal disregard for 395.

When I was an active driver I had to bust my 14 some during the year. They were noted. It is what it is, NOTHING more.