[harleypiper]

The first problem is, it was a Trooper. Their ego's are so big I surprised they can get their heads in their cars. I too would write a letter. But don't write it pissed off, do it professionally explaining the circumstances and cite his unprofessional behavior. Don't go to a first line supervisor, they well just say they will talk with him and goes no where. Go straight to the top. For the most part, troopers don't answer to anyone. They work for the Govenors and not the taxpayers like local yokes. Absolutely dispute the ticket, I don't think the law says to pull off the road, I believe it's pull to the right and yield right of way which it sounds like you did.

[bouncer]

Whenever you get a ticket document everything.Make sure you go back to the area and park the truck take pictures lots of them showing the ditch how much room you have.

[Slimland]

I liked this story.. Remindes me of a ticket I had recieved and went to the prosecuting attorney, and they dropped because the cop was wrong..

Right hand curve, verry tight. Me a 48ft trailer --already in the turn, trailer ofcourse in other lane. A car come up behind me "I seen it comming" and ran right into my tandems.. I got the citation for falure to keep in lane.. I told the cop that he was wrong, we argued.. During this time, about 5 other trucks with longer beds go through the same area, I told him he needed to citate them also.. I wouldn't sighn his ticket, and he told me to get off his road..
I went to the prosecuter, showed pics, and he said the cop should have known better, and dismissed it, and said it would not go on my record.
The only thing I had done wrong was, not signing the ticket.. He told me if the officer wanted to, he could have arrested me, for not signing. :shock:
Signing is not an admition, I thought it was.

[Orange Andy]

Let us know how this turns out Ben. I think you are in the right, if what you stated is fact. Should not be hard to take the camera with you on your next run thru and document it for court. Definitely take the time to appear and fight it.

I believe you will find the law states something like ....you must pull as far to the right as is safely possible and slow down, to allow the emergency vehicle to pass you

Here is one Ill never forget. Exiting a freeway here in California, on a rainy night, 2100 hrs. Speed ok at 50 mph and decreasing. Suddenly I see a stalled, dark green Ford Granada (remember them :roll: ) with no no lights being pushed by 5 or 6 Mexican field workers. I cannot stop in time, so bear to the right, wheels brush the shoulder, (I was driving a GM 49 pass. bus called a fishbowl) Then look in the mirrors to see a highway patrol also on the exit ramp, lights flashing. I thought "good, hes going to get these guys off the road to keep them from getting killed" WRONG! He stops behind me, and states that I made an illegal pass, on the right, and also left the roadway in doing so. The only thing I asked him was if he was out of his mind?

Anyway, we went to court, and it got dismissed when I used the chalkboard to show what happened. I got a repreive when the Judge asked the officer what he would have done, if he ran up behind a stalled car on a rainy surface with no lights if you could not stop in time. I actually think the court was upset that we were even there, over such a stupid citation. They DO write some bad ones, so go and protest it.

By the way this was in 1989. My last ticket..

I think it is our duty to protest the bad ones. Keep us posted how it goes.

[kc0iv]

Originally Posted by ben45750

A State Trooper comes flying up behind us, the 2 cars can get out of his way with no problem, I have no where to go. There is no shoulder, if I do pull off the road I am going into a deep ditch. I slow down thinking he can just simply pass me, I'm waving him around me and he doesn't do anything. Finally we get to a straight stretch and he passes me.

This is what the WV law has to say:

§17C-9-5. Operation of vehicles and streetcars on approach of authorized emergency vehicles.

(a) Upon the immediate approach of an authorized emergency vehicle equipped with at least one flashing lighted lamp of a color authorized by section twenty-six, article fifteen of this chapter, which is visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle other than a police vehicle when operated as an authorized emergency vehicle, and when the driver is giving audible signal by siren, exhaust whistle, or bell:

(1) The driver of every other vehicle shall yield the right- of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.

(2) Upon the approach of an authorized emergency vehicle, as above stated, the motorman of every streetcar shall immediately stop such car clear of any intersection and keep it in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.

(b) This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.

Here is where you violated WV law. Notice the law says: "shall stop and remain in such position until the authorized emergency vehicle has passed"

You said "I slow down thinking he can just simply pass me, I'm waving him around me and he doesn't do anything."

However, I would have most likely did what you did.

Your only hope would be if the judge decided that what the officer requested was unsafe "for all persons using the highway."

kc0iv

[golfhobo]

Originally Posted by kc0iv

This is what the WV law has to say:

Here is where you violated WV law. Notice the law says: "shall stop and remain in such position until the authorized emergency vehicle has passed"

You said "I slow down thinking he can just simply pass me, I'm waving him around me and he doesn't do anything."

However, I would have most likely did what you did.

Your only hope would be if the judge decided that what the officer requested was unsafe "for all persons using the highway."

kc0iv

West "By God" Virginia certainly has FAILED to keep up with the times! :lol:

A "Streetcar?" give me a break! A "bell???" :roll:

Although, I agree with you KC0iv, that he might should have STOPPED, I don't think it is necessarily relevant, and doubt that it would hold up in court against him. Please note the enlarged text. This law EXCLUDES police cars!

Now, there MAY be another section and chapter that applies to police cars, but you didn't reference that.

Besides, he was in a right hand curve. There's no way that his LEFT mirror would have revealed the trooper behind him. (And he could CLAIM that the rightside mirror was filled with his trailer.) What kind of highway was this? State or U.S.??

And, if you want to get technical, what part of the trooper's training told him that HE could stop a vehicle IN THE ROADWAY to cite the driver? Didn't he fail to follow his OWN instructions to wave the driver over to the side of the road to cite him?

I still believe that a call to the supervisor would clear this up. Although, it seems apparent that, in West Virginia at least, the proper thing to do would be to pull as far right AS POSSIBLE, and STOP!

I sure do wish there was ONE good reference manual on STATE SPECIFIC laws that we, as truckers, should know about! Especially since, a FEDERAL law that would STANDARDIZE such traffic laws is totally outside of the realm of possibility for this backwards country! :roll:

Ben: IF you got "cited," I would FIRST call the supervisor to discuss it, if that fails, hire an attorney to fight it. You "MIGHT" have been in the wrong, but under the circumstances, I believe it could be reduced at least.

[Orangetxguy]

Ben, for what it is worth, if you are going to call this officer on his behavior, talk with Kenan's Safety Officer first, and go over what the specific Federal regulations are, governing operation of the truck on the highway.

You did not say in your post if you had slowed to reasonable speed and activated your emergency flashers.

The general rule, when it comes to yeilding to Emergency Vehicles on "Rural" roads where there are no safe pullouts, while transporting hazardous material, is that the truckdriver should maintain a safe speed through cornering and hill decents, once the truck has reached a straight stretch of roadway, reduce his speed to 1/3 the posted legal speed limit, activate the truck's emegency flashers and marker lights, and hold speed. it is the responsablity of Law Enforcement, Fire and Emergency Medical vehicles to pass you when it is "SAFE".

You did right by not stopping where it wasn't safe. From what you wrote, the Trooper did what was right, by waiting for a straight stretch of road to pass you.Where the Trooper stepped out of line, was stopping you at an accident scene and verbally abusing you. As has been pointed out, you didn't specify if the tropper issued you a ticket. I'm betting he didn't, because even though he was pissed at you, he also knwo's that you did what was safe fr your truck, which is all that matters.

kcoiv reseerched West Virginia traffic regulations, to point out to you, which West Virginia traffic regulation you broke. However, kcoiv didn't research the federal regulations, to point out which regulation in 49CFR, you broke..or in this case didn't break. Federal Regulation requires you to maintain the safety of YOUR vehicle. If an emergency vehicle has to be delayed so that your unit is safe, so be it.
Federal Regulation takes precedence over state and local regulations, unless the state or local regulation provides for "the greater safety".

I've been hauling Haz-Mat all of my driving career, and have never had a trooper dress me down verbally for his or her having been delayed by my actions. I have also never received a traffic summons for delaying an emergency vehicle, which I have done many times.

The safety of your truck is all that matters. You did not cause the emergency the trooper was responding to, but You could have caused a larger emergency, had you not taken the responsibility to do your job properly.

[ben45750]

I didn't get a ticket, just an ass chewing. There is also no exaggeration to what happened. I could have told more about the story, but then it would sound like I am exaggerating, but thats not really important to what happened.

He was a young and I'm sure he is eager to be a super trooper. I just didn't appreciate the ass chewing when I did make every effort to let him get around me. Stopping wasn't an option and that would have made it more difficult for him to get around me and also creating a hazard to on coming traffic. The road wasn't a truck route and it is restricted, but local deliveries are permitted.

I guess I posted this because I wanted to vent some frustration and maybe a new driver can learn from it. In emergency situations it's very easy to create a second accident and sometimes you react quicker than you can think about what just happened.

[Mr. Ford95]

For what it is worth, I have been informed by cops that sometimes it's best not to just up and stop but to hold your position and let them do the jockeying. If he had stopped on a rural winding road, it prolly would have pissed the cop off more.

I had one come blasting up behind me in my personal vehicle here in VA and all I could do was tap the brake and dive right to get behind the car in the right lane on a 4 lane highway. I didn't stand on the brake, just tapped it enough to break my momentum so I could drop in line and he never had to slow up. He could have taken me on the left shoulder but I had enough time to hop out of the way without having to make a rash move.

[Orangetxguy]

Originally Posted by ben45750

I didn't get a ticket, just an ass chewing. There is also no exaggeration to what happened. I could have told more about the story, but then it would sound like I am exaggerating, but thats not really important to what happened.

He was a young and I'm sure he is eager to be a super trooper. I just didn't appreciate the ass chewing when I did make every effort to let him get around me. Stopping wasn't an option and that would have made it more difficult for him to get around me and also creating a hazard to on coming traffic. The road wasn't a truck route and it is restricted, but local deliveries are permitted.

I guess I posted this because I wanted to vent some frustration and maybe a new driver can learn from it. In emergency situations it's very easy to create a second accident and sometimes you react quicker than you can think about what just happened.

Ben, if you want to take it farthur than this, you should. Like I suggested, start with the Safety Office at Kenan, get input from them, then take it to the field office incharge of that particular area of West Virginia. Be positive about where the accident was at. The trooper's ego should have been left inside the patrol car, once he exited that car at the scene of the accident.