your 14th hour.

This was discussed here before, but today...when I woke up at the Maryland scale there by the cashbox at Perryville, MD....(you can park there at night or during the day to take your 10 hour break and there are restrooms available at the inspection building....but sorry no "continental breakfast" is served. )....anyway, I saw a couple of the DOT Officers and asked them about this:

What is legal for a driver to do if he is at a shipper or receiver and they have delayed him/her until their 14th hour runs out...and tells the driver that they have to leave?

Their answer was: Leave the property and go to the first legal place where you can park. I pointed out that I not long ago ran into this very situation, and though my 14th our was up, under the provisions of the FMCSR's making allowance for logging "ALL stops within the same city on line 4".... I moved the truck to the first legal place to park, and took my 10 hour break. They said they would not have a problem with what I did.
Additionally I broached the possibility of asking the local police for an escort. They said that would work as well...but said the biggest difficulty there would be getting the PD to shake an officer loose to do it.

The officers both told me that they had been DOT Officers long enough that they understood the problems that we sometimes encounter, and under the described circumstances WOULD NOT CITE THE DRIVER FOR MOVING THE TRUCK!! They both said that in situations like that, because the FMCSR's do not specifically address this kind of situation, "common sense" would have to prevail. They also mentioned that it might be a good idea to flag "seeking safe haven" on the log sheet.

I hope this helps!!

 

I know I have been in that type of situation several times under the various rules.

What I always did was get the name of the person who ordered me off the property and include that in my log notes. My note would say something like: "Joe Smith of Acme Warehouse, Anytown USA made me leave property after completing unloading"

 

Good post Skywalker!! I am glad you made this post. I remember the conversation not to long ago about this very issue. That has eased my mind on it!

 

Before the end of your 14th hour you inform the shp/rec that you will be spending the night at their loading dock and their is NOTHING they can do about it and you will NOT turn that key when the time expires. They cant throw you off the property as federal law supercedes any private property laws and they must call the police to be safely escorted to a safe area.

Do not risk your license, do not move that truck. Also , its a good motivator to get them to finish on time and get you out, its worked for me. :lol:

 

:roll: :roll: :roll: :roll: :roll: :roll: :roll:

 

I have seen this tried a thousand times and it has failed 100% of the time. You are on someone's private property and their wants and wishes trump DOT regulations every time. I have seen shippers and receivers call the police in order to get a driver off the property and believe me they get them off.

You are doing new drivers a great disservice by posting such bullshit information.

 

In addition to the log book notes you should send in a message on the QC or call night dispatch if you do not have a QC and let your company know what is going on.

 

Kinda off topic.

I work as a shipping and receiving currently at a farley good size warehouse. We see normally 25+ trucks a day ranging form a 53' full 20+ pallets to trucks with only 1 pallet. We do all this in 7 hours. I dont see why it takes other receivers so many hours to get drivers out of there quickly. We have 2 receivers and 1 forklift driver to unload. I do both unload and receive. Avg time a driver spends at our place is 1 hr and 30 min with a full load that a few pallets may have to be broke down due to the company wont allow lumpers. Maybe im not seeing outside the box. Maybe other receivers are more busy than we are I dont know but I hussle to get drivers gone. Most drivers if the wheels dont turn they dont make money and I understand this and respect this. Stay safe out there and with luck in a few months I will be driving myself!!!

 

Well there's normally a line at the wharehouse.. takeing 1.5 hours a truck and 4 trucks are there waiting it adds up pretty quick.

 

I'd say the tater259 is doing pretty damn good.

By my count he averages better than 3 trucks/ hour.

kc0iv