Hmmmm...I gotta wonder about this one.
If you are out of HOS, and have been sitting on a Shipper's or Receiver's property for more than half of your allotted 14 hour day..does either party (Shipper or Receiver) have a legal responsibility to provide a driver with a safe place to park, to put in the DOT mandatory rest period?
Now...If a driver does what has been customary and expected, for say the last 30 years....log all time spent sitting at a dock as OFF DUTY...then there is not going to be a problem.
Now...there are those whom say that the Owners of Private Property take precedence over DOT regulations....However.....49CFR..which are the laws which cover the FMCSA regulations, takes precedence over any state or local law, except those that provide for greater safety to the public. FMCSA regulations say that once you are out of HOS, you are no longer allowed to operate a CMV (except in a declared emergency), until the driver has completed a break, as set forth in the regulations.
HMmmmmmmmmmm.... I think if a property owner..or the representative of the property owner, is going to insist that a driver remove himself and his unit from said property, then what Inmate say's in his scenerio..call the Local Police..and if they will not respond then the State Highway Patrol for the area..to get an escort to a safe haven is the proper thing to do. It is no more chicken-shit a reaction, than a shipper or receiver whom takes far to long to get work accomplish, at the driver's cost, telling said driver to leave the property illegally.
Yup..instead of falsifying logbooks, I think getting the Police involved may just be the cure to Shipper's & Receivers whom drag their feet simply because they can get away with it for free. LOL...if a State Trooper arrived at a facility, checked out the drivers logbook, and said that the truck was just gonna have to sit there until it was legal...what exactly could that facility do?
As long as Trucking Company management & drivers feel that shipper's & receiver's are under no obligation to obey FMCSA regulations, those facilities will continue to operate in the manner in which they have always operated. They will continue to force truck drivers to falsify logbooks, to do their job.
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