Police Called At Consignee

Topic 31127 | Page 2

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Sid V.'s Comment
member avatar

Really?

So you're going to pay the fine for violating HOS?, You're going to take the risk of being put OOS for not having enough off duty time before driving? So you're going to pay for the cost of next year's insurance premiums?

If your company says not to, then don't unless you want to go work somewhere else.

double-quotes-start.png

To be fair to the landstar driver, he probably had to get approval from the company so that decision might not have been his to make.

double-quotes-end.png

That's still no justification for refusing to leave a customer's property. If they want you gone, you have to go, approval or not.

Exit the private property when directed, then figure the rest out afterward.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

OOS:

When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.

Trucker Chris (CK)'s Comment
member avatar

Really?

So you're going to pay the fine for violating HOS?, You're going to take the risk of being put OOS for not having enough off duty time before driving? So you're going to pay for the cost of next year's insurance premiums?

If your company says not to, then don't unless you want to go work somewhere else.

double-quotes-start.png

double-quotes-start.png

double-quotes-start.png

To be fair to the landstar driver, he probably had to get approval from the company so that decision might not have been his to make.

double-quotes-end.png

double-quotes-end.png

That's still no justification for refusing to leave a customer's property. If they want you gone, you have to go, approval or not.

Exit the private property when directed, then figure the rest out afterward.

double-quotes-end.png

Lol, what Sid? Your headset on too tight?

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

OOS:

When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.

Bird-One's Comment
member avatar

Instead risk getting arrested and charged with trespassing?

Really?

So you're going to pay the fine for violating HOS?, You're going to take the risk of being put OOS for not having enough off duty time before driving? So you're going to pay for the cost of next year's insurance premiums?

If your company says not to, then don't unless you want to go work somewhere else.

double-quotes-start.png

double-quotes-start.png

double-quotes-start.png

To be fair to the landstar driver, he probably had to get approval from the company so that decision might not have been his to make.

double-quotes-end.png

double-quotes-end.png

That's still no justification for refusing to leave a customer's property. If they want you gone, you have to go, approval or not.

Exit the private property when directed, then figure the rest out afterward.

double-quotes-end.png

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

OOS:

When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.

Mikey B.'s Comment
member avatar

Really?

So you're going to pay the fine for violating HOS?, You're going to take the risk of being put OOS for not having enough off duty time before driving? So you're going to pay for the cost of next year's insurance premiums?

If your company says not to, then don't unless you want to go work somewhere else.

double-quotes-start.png

double-quotes-start.png

double-quotes-start.png

To be fair to the landstar driver, he probably had to get approval from the company so that decision might not have been his to make.

double-quotes-end.png

double-quotes-end.png

That's still no justification for refusing to leave a customer's property. If they want you gone, you have to go, approval or not.

Exit the private property when directed, then figure the rest out afterward.

double-quotes-end.png

Surely you understand it's not his companies decision. If he is told to leave the property he has no choice but to leave, regardless of his or his companies liking. Its a whole lot cheaper then the cost of bail money, down time, trespassing fine and the cost of towing a tractor and trailer. You need to understand, your HOS do NOT trump the property owners rules. They say leave, you leave. End of story. If they don't like it then the driver should have managed his time properly and either showed up on time, while they were opened or called, realized they were closed and stopped at a truckstop till morning.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

OWI:

Operating While Intoxicated

OOS:

When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.

Turtle's Comment
member avatar

A carrier's policy to not allow their driver to use PC does not make it a violation when he has to leave a customer's property in that scenario. The law is still the law, and leaving the property to find safe parking is still allowable by that law. If you run out of hours at a customer and have to leave, you will NOT be in violation under HOS rules.

As someone already said, you simply leave the property and annotate in your logs your reason for doing so. When stopped by the law, you'll be justified in leaving to find safe parking.

I'm sure the carriers simply don't want their drivers abusing pc, as many drivers will.

I'm equally sure they would prefer you to just leave the property quietly, instead of stomping your feet to the point that the law is called. There goes a good customer.

Regardless, private property is still private property. You have no right to stay there. If you deliver to my house and run out of hours, can you just park in my driveway, even if I don't want you to? Of course not. You have to go.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Sid V.'s Comment
member avatar

Don't get mad at me. I could care less what you or what the driver did.

Landstar isn't a starter company. You don't get a little pep talk from safety. They'll get rid of you for a lot less than that, trust me. If landstar says no, and the property says yes than i would let them hash it out and not get in the middle.

You company drivers don't understand how much money and responsibility is at stake even for such a simple decision as to put yourself on drive and violate your hours. Do you ever wonder why your company prefers to pay for a $1k tow bill to get you to a safe haven than to violate your hours? Because that violation could cost a heck of a lot more.

But that's cool though. Put yourself on the drive line and drive away. Doesn't bother me :)

double-quotes-start.png

Really?

So you're going to pay the fine for violating HOS?, You're going to take the risk of being put OOS for not having enough off duty time before driving? So you're going to pay for the cost of next year's insurance premiums?

If your company says not to, then don't unless you want to go work somewhere else.

double-quotes-start.png

double-quotes-start.png

double-quotes-start.png

double-quotes-start.png

double-quotes-start.png

To be fair to the landstar driver, he probably had to get approval from the company so that decision might not have been his to make.

double-quotes-end.png

double-quotes-end.png

double-quotes-end.png

That's still no justification for refusing to leave a customer's property. If they want you gone, you have to go, approval or not.

Exit the private property when directed, then figure the rest out afterward.

double-quotes-end.png

double-quotes-end.png

double-quotes-end.png

Surely you understand it's not his companies decision. If he is told to leave the property he has no choice but to leave, regardless of his or his companies liking. Its a whole lot cheaper then the cost of bail money, down time, trespassing fine and the cost of towing a tractor and trailer. You need to understand, your HOS do NOT trump the property owners rules. They say leave, you leave. End of story. If they don't like it then the driver should have managed his time properly and either showed up on time, while they were opened or called, realized they were closed and stopped at a truckstop till morning.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

OWI:

Operating While Intoxicated

OOS:

When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.

Robert B. (The Dragon) ye's Comment
member avatar

Sid, in a situation like that, so long as it’s annotated properly, the log department can legally make the adjustment with zero repercussions. No fines to be paid, no worries about insurance issues.

Mikey B.'s Comment
member avatar

Sid, I'm not mad at you. However you don't need to come here posting obviously wrong advice. You don't have a clue what you're talking about. If another new driver reads the utter rubbish advice you gave the THEY are now in trouble, because of what YOU said.

I am not a company driver but it doesn't matter if you are or not, the rules and laws are the same for both. I have never known a company that would pay a grand to tow you to a truckstop rather than let you use PC or exceed the 11 or 14 rule. If you have to move your truck, especially when the police tell you to, you move it and note why you moved. Thats it, nothing else, no other way to handle it. Are you telling me you would still refuse to move under the listed circumstances? Or are you saying your company would send a tow truck out to haul you to a safe haven? I call BS on either of those scenarios.

I also don't understand why you're getting upset. Just accept the truth as it is and don't post false facts that could land another driver in serious hot water if they listen to you.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Kerry L.'s Comment
member avatar

So, the short answer is basically to move the vehicle to a public location and then sort out the issue of where to go and how to do it once the vehicle is off private property.

This type of situation sounds like a good example of why it is important to manage one's clock well to try to avoid running into problems such as this. Of course, I can understand that sometimes life happens (traffic jams, detours, delays of other types, etc.) that can cause managing one's clock as planned to become an issue, but this type of problem should be a rarity, if I understand what I have read on this site. Do I have proper understanding here?

Anne A. (G13Momcat)'s Comment
member avatar

So, the short answer is basically to move the vehicle to a public location and then sort out the issue of where to go and how to do it once the vehicle is off private property.

This type of situation sounds like a good example of why it is important to manage one's clock well to try to avoid running into problems such as this. Of course, I can understand that sometimes life happens (traffic jams, detours, delays of other types, etc.) that can cause managing one's clock as planned to become an issue, but this type of problem should be a rarity, if I understand what I have read on this site. Do I have proper understanding here?

Kerry,

I really SHOULD leave this one for the actual professionals; but let me take a 'stab' here. Perhaps the O/O (Landstar) guy didn't know if HE was a D & H until he got there, just like Mikey ... was not 100% on it.

Tom's had MANY loads that were all D&H in the QC, only to arrive at the consignee/receiver, and there are no empties. Ergo, becomes a live. Sooooo many factors involved. I'm kinda doubting time management was the biggest one; I could be wrong. PC is such a gray area, but the guys above (esp. Turtle) explained it well. Logs WILL sort it out. They have w/Tom, many times. Tom can't take the 16hr exempt because he brings the rig home 50% of the time. It wasn't 'at the yard' the 5 days prior. PC to home, even though there are T/stops on the way. He's day cab. Hotels? Plenty. Unladen? Always. It's so iffy.....but he ALWAYS LETS logs/safety know ASAP so they can document it as they wish. It's also in the notes, and in his DVIR...just to be sure sure! LoL.

Tom 'used' to be OTR , but the rules have changed SO much in the last 'since 2003' that heck . . . i missed the fuel island being okay for a 30, rule! Not saying he did/didn't fore & aft, but ... hehehe!

It happens more'n you think. The O/O guy should've been more 'cognizant' sooner, IMHO, but who knows what HIS BOL said, too.

Just my 2cents!

~ Anne ~

Consignee:

The customer the freight is being delivered to. Also referred to as "the receiver". The shipper is the customer that is shipping the goods, the consignee is the customer receiving the goods.

OTR:

Over The Road

OTR driving normally means you'll be hauling freight to various customers throughout your company's hauling region. It often entails being gone from home for two to three weeks at a time.

Day Cab:

A tractor which does not have a sleeper berth attached to it. Normally used for local routes where drivers go home every night.

SAP:

Substance Abuse Professional

The Substance Abuse Professional (SAP) is a person who evaluates employees who have violated a DOT drug and alcohol program regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.

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