Well, in my short 10 yrs or so driving a truck I have never managed to run out of hrs at a shipper or receiver. Hummm, I must be the 10 in the 9 out of 10 times.

 

I've run out of hours at shipper/receivers before, but it was always plainly their fault. In those times, however, I've been there long enough to actually get my 10hr break in. I usually try to work it so I arrive at the shipper/receiver 1st thing in the morning after starting my day, getting unloaded, head to the next place to load then drive the rest of the day. But, that all depends on where you're going as well. I wasn't able to do that as much when I was at USX or Celadon. Where I work now, about 90% of the places we go really don't have scheduled deliveries - you just get there when you can during the day.

 

Layover times are usually the shippers fault because they don't care about our time.

 

IMHO and interpretation of the regs:

390.3(a) Clearly states that these regs apply ONLY to companies and individuals involved in transporting the product.... NOT to the shipper/receiver. Therefore, the aiding and abetting reg is not some law that covers the entire population.

390.5 Clearly states that a CMV applies to a vehicle transporting property on a HIGHWAY, and further defines a "highway" to exclude private property controlled by a gate, and not open to "through traffic" without further regulation.

390.9 Clearly states that these regs do not trump state and local laws as long as they don't prevent full compliance with these regs by the driver. However, since "driving" on a shipper's parking lot does not amount to "operating a CMV on a highway," I don't see how moving away from the dock is in any violation of HOS rules. Pull off the private lot, and park it on the side of the road immediately, if they won't let you park somewhere on the lot. But, you CAN'T remain at the dock because you are out of HOS.

Side note here: You COULD "drop the trailer" and have THEM move it to a place on the lot for further "processing." By doing this... you can drive the "unladen" CMV as a "personal conveyance" to a site to shutdown for the night and come back for it later. (HOS would not apply to you during this time.)

Furthermore, neither the Emergency Condition, nor the Adverse Driving Exemption can be applied.

However:


Does not really apply, either. As the words "effective consent" (which are very similar to "implied consent") is GIVEN by the shipper/receiver when he allows, and contracts for, the motor carrier to send his truck onto the personal property of the shipper/receiver. Furthermore, this statute says AND HE:

1) had notice that the entry was forbidden.... which it was NOT. Or...

2) received notice to depart but failed to do so.... which he DID! BUT.... he had "effective consent" to be there, so this part by itself does NOT give the property owner the right to expel him nor charge him with criminal trespass.

In the scenario that started all this, the driver could have EASILY "adjusted" his logbook so as NOT to run out of hours at the dock, OR... contacted his dispatcher and sought "legal" remedies for the situation.

If the "cops" have to be called out.... at least make sure you call a DOT cop, not a local!

And, for all sakes, if you're gonna let them tow the truck.... make sure your company knows about it FIRST! Let THEM contact the shipper/receiver and try to work it out. You'll be amazed at how efficient a dispatcher can be, when his BUTT is on the line!

Hobo

 

They can't tow a truck if you are sitting behind the wheel, engine running or not :wink: