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Friday Short Haul - New eCascadias, Top cities for truck driver jobs, Push against driverless trucks 8/23/2019 Decision on California drivers' employee/contractor status coming down to the wire 8/21/2019 UPS jumps on autonomous bandwagon with TuSimple investment 8/19/2019 FMCSA publishes proposed HOS rule changes 8/16/2019 Fleets, drivers coming to like automated manual transmissions 8/14/2019 CVSA asks for new truck crash study 8/12/2019 Friday Short Haul - HOS revisions delayed, AEB mandate proposed, Koch sued for sex discrimination 8/9/2019 Kodiak Robotics takes lead in autonomous truck industry race 8/7/2019 New York City combats rash of cyclist/truck clashes 8/5/2019 Friday Short Haul - CRST wins lawsuit, OOIDA opposes insurance hike, UPSNav 8/2/2019 Mechanics shortage equals driver shortage in intensity 7/31/2019 DOT announces almost 1$ billion in grants to fix infrastructure 7/29/2019 Friday Short Haul - DOL on sleeper pay, UPS drone delivery, Geowiz ELDs 7/26/2019 FMCSA takes a look at assault, harassment of female and minority drivers 7/24/2019 It's hot out there, what's a trucker to do? Can't idle. 7/22/2019 Friday Short Haul - Utah truck rollovers, aging truckers, lifetime CDL bans 7/19/2019 Truck-mounted LED billboards coming under fire 7/17/2019 Trucker 'drones on' with unique approach to teaching driving skills 7/15/2019 Friday Short Haul - Rhode Island tolls, human smuggling, contractor vs employee status 7/12/2019 ELD mandate deadline looming, many still not compliant 7/10/2019 New "boot" device being deployed to threaten Walmart overnighters 7/8/2019 Friday Short Haul - Prime Inc vs Amazon, mother fights HOS changes, truck drivers appreciation week 7/5/2019 Proper way to fly the American flag on your truck this Fourth of July 7/3/2019 Roundabouts are becoming popular; but are they best for trucks? 7/1/2019 Friday Short Haul - Skills test proposal, driver shortage, hemp sentencing, driverless trucks 6/28/2019 Experts warn of active wildland fire season 6/26/2019 More states signing on to enlist truckers against human trafficking 6/24/2019 Friday Short Haul - Shippers of Choice, insurance rates, wheel spikes, WIT award 6/21/2019 Freight numbers not holding up to 2018's highs 6/19/2019 Truck safety group urges purges of drug abuse drivers 6/17/2019 Friday Short Haul - Self-driving certificate, truck platooning, trade war stacking up cargo 6/14/2019 HOS waiver coming soon for fireworks haulers 6/12/2019 FMCSA takes a further look at detention time 6/10/2019 Friday Short Haul - Autonomous delivery, HOS rules changes, CDL retest 6/7/2019 Roadcheck 2019 in effect this week 6/5/2019 Hemp arrest prompts USDA memo 6/3/2019 Friday Short Haul - Waymo big rigs, Move over sting, Under-21 comments 5/31/2019 Severe weather prompts renewed emergency declaration 5/29/2019 Memorial Day holiday is prime time for cargo thefts 5/25/2019 Friday Short Haul - Hauling hemp, road rage fatality, new rules for autonomous vehicles 5/24/2019 Autonomous trucks on USPS test run 5/22/2019 Future era of cab-less trucks will be the end of HOS rules 5/20/2019 Friday Short Haul - FMCSA under-21 comments, Tesla autonomous car crash, 24,000 drivers sign contract with YRC 5/17/2019 Under-21 interstate drivers getting serious look by FMCSA 5/15/2019 Trucker Buddy program matches drivers with a classroom; everyone wins 5/13/2019 Friday Short Haul - Driver awarded $80 million, ODFL driver wins, loading dock black hole 5/10/2019 Storm breaks out from Rockies, slams into Midwest, South 5/8/2019 Capacity issues have shippers looking at private fleets 5/6/2019 Friday Short Haul - HOS rules, dark skies, Falcon drivers 5/3/2019 'Bug' permits now required for four eastern states 5/1/2019 Simulator use is catching on for schools, carriers 4/29/2019 Friday Short Haul - Thinking electric, Penske opens charging station, border crossing crisis, railroads taking trucking business 4/26/2019 ELDs might not be the panacea that was hoped for 4/24/2019 Truck drivers may soon see "phantoms" driving yard trucks 4/22/2019 Friday Short Haul - Nikola big rigs, WIT welcomes Peterbilt, Oregon crashes, Border crossings 4/19/2019 Carriers claim financial benefit of putting up drivers in hotels 4/17/2019 Uber's IPO application reveals interesting data about its freight brokerage business 4/15/2019 Friday Short Haul - CDL examiner arrested, tolls proposed for trucks, marijuana use on the rise 4/12/2019 Smart Load Board will get carriers the loads they need 4/10/2019 Huge lines and long wait times greet carriers at Mexico border 4/8/2019 Friday Short Haul - Marijuana, ATA campaign, personal conveyance rules 4/5/2019 Over-the-air downloads revolutionize parameter updates 4/3/2019 Don't get scammed by skimmers 4/1/2019 Friday Short Haul -- New Cascadias honored, motorist survey, U.S, Xpress awarded, rest stop parking 3/29/2019 Legislators address underride collisions, propose more underguards for trucks, trailers 3/27/2019 Motorists soon may encounter a different kind of truck convoy 3/25/2019 Friday Short Haul -- Women in Trucking, irate motorist, FMCSA eases HOS, Safe-Cap 3/22/2019 Recent survey shows cost of roadside repairs is rising 3/20/2019 FMCSA announces drug and alcohol clearinghouse website 3/18/2019 Friday Short Haul - Swift settlement, driver shortage myth, TCA Best Fleet award 3/15/2019 The hidden danger of looking but not seeing 3/13/2019 Accident scammers target trucks for financial payout 3/11/2019 3/9/2019 3/9/2019 Friday Short Haul - Snow on the roof, bypassing toll road, Waze under fire 3/8/2019 Retailers blame driver shortage for price increases 3/6/2019 Drivers' smartphones may be clue to road roughness 3/4/2019 Friday Short Haul -- Freight rates, HOS changes, tonnage reports 3/1/2019 New tax changes hit drivers hard 2/27/2019 FMCSA to implement under-21 interstate driver program for former military 2/25/2019 Friday Short Haul -- Connecticut tolls proposed, hydrogen fuel-cell trucks, cell phone use 2/22/2019 Congress committee looks at state of America's highways 2/20/2019 Number of cargo thefts is down; but dollar value about the same 2/18/2019 Friday Short Haul -- Crossing the border, CA sues FMCSA, Lobbying against larger trucks 2/15/2019 Detention - A problem still in search of a solution 2/13/2019 February Highway Angels honorees named 2/11/2019 Friday Short Haul -- C.R. England announces pay raises, eCommerce impact on trucking, TCA announces best fleets 2/8/2019 Is a guaranteed minimum pay the solution to the driver shortage? 2/6/2019 Long CDL testing wait times cost economy billions of dollars; not helping driver shortage 2/4/2019 Friday Short Haul -- Walmart hiring, Uber Freight App, Speed-limiter Law, America's Road Team 2/1/2019 Cranking -- The Good, The Bad, and the Ugly 1/30/2019 California survives challenge to its low-carbon fuel standards 1/28/2019 Friday Short Haul - Highway robbery ... autonomous trucks ... new trailers 1/25/2019 LithiumHub enters jump-starter market with Jumpbooster JP30 1/23/2019 2019 Looks Good For The Transportation Industry 1/21/2019 Raymond Burt named TMC Trainer of the Month for February 2018 3/28/2018 TMC Transportation Announces Recipient of Prestigious Wheel Master Award 3/7/2018 TMC Transportation Named The Home Depot’s Flatbed Carrier of the Year For Fourth Straight Year 2/28/2018 Pay Raises & New Peterbilts for PAM Drivers 2/26/2018 New DOT Drug Testing Rules Effective Jan 1, 2018 1/11/2018 Amtrak Derailment: Trucks Haul 270,000 Pound Locomotive Engine During Cleanup 12/21/2017 Pepsi Places Largest Order Yet For Tesla Electric Trucks 12/12/2017 Kavin Hallett named Trainer of the Month for October 2017 12/8/2017 Over 100,000 Truck Drivers Likely Have Undiagnosed Sleep Apnea And More Testing Is On The Way 8/10/2017 Drivers Share Their Best Tips, Tricks, And Secrets For Life On The Road 7/18/2017 Drivers Are Losing Money By Taking The Wrong Approach 7/13/2017 Truckers and Guns: What Is and Is Not Legal 7/6/2017 Preparing To Go Solo For The First Time? Experienced Drivers Share Their Best Advice 6/29/2017 The Truck Stop Survival Guide: Advice From Experienced Drivers 6/15/2017 The Worst Cities For Traffic In The U.S. For 2017 6/8/2017 We Ask Drivers How They Would Make The Logbook Rules Better 5/30/2017 Self Driving Trucks Are Not Coming Anytime Soon 5/25/2017 11/30/-0001

Adam H. Rosenblum, Esq. on Wed, November 30, -0001

A relatively new "boot" device, combined with draconian Walmart parking enforcement, is becoming the nemesis of truck drivers wishing for nothing more than a quiet, uninterrupted night's sleep.

Truckers overnighting in Walmart store parking lots are finding themselves waking up to find their vision blocked with a new device on their windshield called The Barnacle; which can only be removed after they pay a $500-plus fine – or they face being towed.

The incidents

In one recent YouTube video a driver parked overnight at a Berea, Kentucky, Walmart was saved from such ignominy by another driver warning him before the parking lot security company could slap the device on his windshield.

In the video, it appeared that the "booters" were making no attempt to wake the driver, and had their ladder setup and the Barnacle programmed to affix it to the windshield. The helpful truck driver yelled loudly at the sleeping driver to wake up, shouting and knocking on the driver's door. "Driver … Hey man … You better hurry up. They're gonna boot ya!"

As soon as the driver began to stir, the "booters" collected up their ladder and windshield boot and went away. It is very clear in the short video that if the other driver had not been there to warn the sleeping driver he would have woken up to a $560 fine, or the threat of being towed.

Once the sleeping driver was awake and cranking up his truck to leave, the helpful driver told him that the "booters" tried to stop him from waking him up, as he was "messing with their business." The booters work for the parking enforcement company called R&R Parking Management hired by the Berean Walmart.

Seth Willis, one of the men involved in the booting attempt defends the company's actions in comments on the video. "Ya'll do know their is signs in the parking lot saying no overnight truck parking right? It even says their will be a fine so this is completely legal and the truckers are at fault."

He explained their booting policy: "He woke up caint boot em when they wake up. You truckers just dont wanna admit when you do something wrong." Which explains why they did not attempt to wake the driver, and were upset at the other driver for doing so.

The comments then got heated between drivers and Mr. Willis, until he remarked:

"Stop trashing the parking lots and throwing food and urine bottles and poop bags out and respect walmarts property and maybe they wouldnt hire us to do this. Ever think about that? Ya'll truckers think you own the road and can do whatever you want and you dont think laws apply to you well i got news for ya'll. The laws are the same for a 50,000 pound loaded semi as they are for a 100 pound moped."

In another recorded incident on YouTube the driver became very irate at having his truck booted with the Barnacle device in a Walmart parking lot along with a number of other drivers.

The six-minute video has the whole story, with some screen caps shown here. But here is the story in the victim driver's own words:

"My 11 hours was up. I had stopped at the pilot and checked for parking. There wasnt any. So I went over to Walmart where there were 2 Walmart trucks plus 6 or 7 others. I pulled my brakes, ended my log. Around 11:30 ish. Walked and put my garbage in a can. Went in and spent roughly $50 in groceries. Paid, walked out put my groceries away pushed the cart back in the corral as well as grabbed another cart that was out. Crawled up in the bunk now around 12:30-1am. They "knocked" courtesy knock which I never heard, and that was around 3:45-4am. They knocked so loud I thought my truck was hit, and that's when I woke up to them telling me that I had 1 hour to pay the $500 parking violation or my truck and trailer would be towed at my expense."

This incident exposes several of the predatory policies inherent in R&R's and other booting contractors' approach. Apparently they do not make an honest attempt to wake the driver to ask him to leave the parking lot, but instead are intent on mounting the Barnacle device so that they can extort the $500 fine under threat of being towed.

Walmart policy

Official Walmart corporate policy is not clear about large commercial trucks being allowed to park overnight in store parking lots, but they do have a comment regarding RV parking:

"While we do not offer electrical service or accommodations typically necessary for RV customers, Walmart values RV travelers and considers them among our best customers. Consequently, we do permit RV parking on our store lots as we are able. Permission to park is extended by individual store managers, based on availability of parking space and local laws. Please contact management in each store to ensure accommodations before parking your RV."

Unofficially, information about Walmart parking policy is available online. A website called Walmart Locator, for example, gives an overview of overnighting at individual Walmarts.

There are around 4,000 Walmart stores throughout the United States, of which more than 1,000 have policies prohibiting overnight RV parking. Read further for resources on how to ascertain if RV policies also pertain to commercial trucks.

In any event, Walmart Locator states that many Walmarts do not allow overnight parking because of local ordinances prohibit it, or the decision is out of the store's hands because the store leases the property, and landlords have the no-parking policy.

Since the decision to allow overnight parking is up to each store's manager where he is allowed to do so, managers differ in their opinions of truck drivers parking on their properties based on the experiences they have had with them.

Walmart stores that do prohibit overnight parking typically have signs stating it. But truck drivers say those signs are not always posted at truck entrances and are often too small or difficult to see.

It is becoming axiom among truck drivers these days that the prudent thing to do is research individual Walmarts where they might be hoping to spend their 10 at. Calling ahead and asking permission is advised. There are also many resources available for drivers seeking parking solutions:

Truck Stops and Services Walmart Parking Directory

Truck Parking USA App

Park my Truck App

Trucker Path App

The legality

While booting is becoming widespread in many jurisdictions, some states outlaw the practice. For example, Idaho state code 49-229 prohibits booting, stating that doing so is a violation of property rights. And Washington State makes booting cars on private property illegal and punishable by a year in jail and a fine of $5,000.

In Hawaii, car booting is banned statewide, even for police officers. But the Barnacle is deployed there, side-stepping the law because it is not a boot that attaches to the wheel of the vehicle.

Many other jurisdictions, recognizing the predatory practices of this new multi-million-dollar business are proposing legislation regulating or prohibiting booting on private property by contractor booting services.

Others are concerned that this type of booting by private contractors violates trespassing law. Most states' trespassing laws have language regarding the "entering and remaining" of a trespasser on private property. Judges, when considering violations where there was no damage to property, nor threat to the property owner, and where the trespasser left when asked to do so, generally consider there was no actionable trespassing violation.

And that flies in the face of truck drivers being booted in Walmart parking lots. Granted, the drivers ignored the "No parking" signs, and were technically trespassing. However, due process should require them to be asked to leave the property, before taking further action if the driver refuses to leave.

The obvious predatory practices by private contractors as seen in these videos shows them to be in blatant violation of that intent. Without due process, depriving drivers of their ability to drive by blocking their view with hardware constitutes vandalism, and should be treated as such.

How the Barnacle works

The Barnacle is an ingeniously designed device that is insidious in its difficulty to defeat. And that is the purpose of its design.

Invented by a company called Barnacle Parking, the device is a 20-pound plastic piece smaller than a windshield. It has two industrial strength suction cups on the windshield-facing side that exerts 750 pounds of sucking force.

It has electronic components that set off an alarm if tampered with, and a GPS tracker should the driver decide to stick his head out of the window and drive away with the unit attached.

There is a keypad that the driver can punch in a code to release the suction once he or she has paid the penalty. Payment can be made over the phone via credit card.

The driver is then responsible for returning the device back to the company or law enforcement agency that place it on the vehicle. In some areas, the driver must drive to the company's location or find a drop box provided by the company. Often, a portion of the fine will be refunded upon return of the device.

Anecdotes abound in YouTube comments about what to do if you find a Barnacle stuck to your windshield. There is no way to verify these statements, but they are good for grins:

"Two words, challenge accepted. People will drive with their head out the window, then figure out how to break it later." Answered by: "But if the cops see it you will get another ticket for obstruction of view. And most likely the car will be impounded because it's unsafe to drive unless you pay up." And, "It transmits a signal to law enforcement whenever you try and go anywhere."

"I removed it with a flathead screwdriver and ripped out the battery. Good luck tracking anything!"

"Not if the transmitter is fried. A 25 watt 2.4 Ghz transmitter with a yagi (beam) antenna pointed right at it will cook the little GPS transmitter."

"Drill two holes into it and it comes off!"

"Long bread knife removed it in 15 seconds with no damage to car or device. It was NOT placed by law enforcement, but by a towing company, illegally. The product can be purchased by people for extortion."

"Large, Plastic with suction cups. Might want to carry a cordless drill with a 1/4" bit. Drill through the housing, through the suction cup, toss this thing in the garbage."

"Buddy used a slim Jim and got it off in 3 seconds ..."

"Just take a drill to the center where the suction cup is located and it will release the pressure. This will be way easier to remove than a boot! awesome!"

The problem with merely removing the device is that the driver still has the violation on record with his vehicle's license number and VIN, and additional fines will be piled on especially if the device is damaged. It appears there is no way to defeat the barnacle, so drivers, especially those who park in Walmart parking lots should be especially careful to do so with permission. In the meantime, it is hoped that there will be appropriate challenges to violations of due process that are committed by extra-zealous contract personnel.

Sources: https://barnacleparking.com/" Barnacle https://www.walmartlocator.com/rv-parking-at-walmart/" Walmart Locator https://www.youtube.com/watch?v=tgKWmrZo01c" YouTube https://www.youtube.com/watch?v=dgdq-VUSaFY" YouTube https://www.youtube.com/watch?v=l54sdKk3cY0" YouTube

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