Trucking Regulations: Virginia State Troopers Forcing Tired Truckers To Violate HOS Regulations

Ok, here is my question........State Law........C.D.L. Federal.........
over rides State......Call A Fed.........................
How can they force you too break a Federal Law?

What law is being overridden here?

In the situation with the violation of the 4 hour parking limit, nothing is being overridden.

Take it to court, and it will come down to a decision that the driver did not properly plan his route. Is that BS? very likely as it is a pain in the ass to know the rules of truckstops before you get to them (though you can call, which would be pointed out).

As for the law thing in general.

Federal law must always be enforced, unless a state law is more strict.
Then state law must be enforced, unless a city ordinance is more strict (if the state allows cities to place more strict ordinances)

The result is a confusing mess.
 
I can honestly say, i think i would just be a total dick and refuse to move. Give me a ticket pig, see ya in court. And i would have it dragged thru the court system as long as i could wasting virginia tax payer money and get the news media involved all the way thru it. There is enough DOT regulations to make this happen. :stirpot:
 
I readily concede that on private property you are at the mercy of the property owner - trespassing.
My beef here is in regards to public (tax payer financed) property.
It's fine to say drivers need to plan and abide with laws and regulations. But if you're driving hundreds of miles at a time from point A to point B there is only so many precautions and inconveniences you can go through before you might as well drive in a circle around parking cones.
Drivers know how not to run out of fuel, avoid low bridges, obey traffic laws and keep logs but is it reasonable to expect a public rest area to be off limits to a tax paying citizen when there's not another one in a 50-100 mile radius?
What about the person who paid for that freight to get there on time undamaged and at a fair price?
These laws are flirting with interfering with commerce as well as safety and basic civil rights of citizens.
It is well known that just because some town or county lawmaker can read and write doesn't mean they got a clue about what is legal.
Somebody has to set these yahoos straight.
Being unemployed right now, my services are available and cheap!
 
I can honestly say, i think i would just be a total dick and refuse to move. Give me a ticket pig, see ya in court. And i would have it dragged thru the court system as long as i could wasting virginia tax payer money and get the news media involved all the way thru it. There is enough DOT regulations to make this happen. :stirpot:
I was a real bitch in Ohio for giving me a ticket unjustly.I called him everything but a white man.
 
This is why I said we need the whole story. It comes down to whether the owner/manager of the property called the police out or not.

In addition, there is also a situation where the cop might be working part time for the truck stop for the purpose of enforcing this rule. This happens quite often with police at different types of businesses.

Several scenarios that could be coming into play here that we don't know the full answer to.

I understand the situation of off-duty police working for companies for enforcement of company rules. But let's also identify this is an off-duty policeman. They are not allowed to write tickets and threaten arrest. Would you not agree with this understanding? Personally I know this to be fact.

As to this particular situation (the story)...this driver was approached by an on-duty VA state trooper. Issued a ticket in accordance to a city ordinance. Was informed if he didn't move on he would be arrested. What more is needed to understand VA state troopers are creating a serious safety situation on the highways. They are enforcing city, county and state ordinances which is resulting in truckers violating HOS regulations, as well as getting back behind the wheel tired.

Nothing but respect, Bull. But this is not some little thing, or issue, I'm trying to alert people to. If it was just some truck stop enforcing a time limit...this thread would be of a different nature. I would be informing people of the truck stop so they wouldn't put themselves in a bad situation.

-ss-
 
I was a real bitch in Ohio for giving me a ticket unjustly.I called him everything but a white man.


I won't curse them or show disrespect but i do know my rights and i will not move that vehicle if i am out of hours. If i would pull out of there because i was told to move and was out of hours and had a wreck looking for a place to park , what do you think they would say/do? I would be screwed and so will anybody who moves. Therefore i will not move that vehicle. They can bring the DOT, state popo, city, county, security guards, and even the f'k'n boys scouts but i am not moving. :whistle:
 
The HOS law is being overridden.Even though it's just another STUPID LAW pertaining to the truckers.We are not hurting anything by taking our 10 hr brk where we choose as long as it's not a safety hazard.What is a safety hazard is driving while tired or violating the HOS.Sure they'll use that as a defense,well you should have planned your route.Does that also mean planning for sitting in traffic for 2 hrs.You know parts of Virgina is wall to wall traffic especially near Washington Baltimore area.Heck when I delivered in that area then heading to VA oh I had plenty of hrs at first but by the time I got to VA thru all the heavy traffic I had very few hrs to work with.But you're right bullwinkle we won't win.The law is against the trucking industry like everyone else is.So like I said,hell if i'm out of hrs i'll just drive thru the entire state of VA then look for a place.
 
I can honestly say, i think i would just be a total dick and refuse to move. Give me a ticket pig, see ya in court. And i would have it dragged thru the court system as long as i could wasting virginia tax payer money and get the news media involved all the way thru it. There is enough DOT regulations to make this happen. :stirpot:

I hear ya, Cerb. But you're not only getting a ticket...if ya don't move they're threatening arrest. So the 'see ya in court' statement would definitely take on a whole new meaning...lol.

I could hear it now...in a panic'd voice an officer yells, "I need backup!"

-ss-
 
I won't curse them or show disrespect but i do know my rights and i will not move that vehicle if i am out of hours. If i would pull out of there because i was told to move and was out of hours and had a wreck looking for a place to park , what do you think they would say/do? I would be screwed and so will anybody who moves. Therefore i will not move that vehicle. They can bring the DOT, state popo, city, county, security guards, and even the f'k'n boys scouts but i am not moving. :whistle:
I'll tell you what they'll do if you don't move,they'll force you to take your 10 hr brk maybe even a 34 hr reset in jail and they'll call the towing company.Who's going to end up paying the towing charge and everyday it's in their yard, sure won't be the officer that arrested you.
 
I just confirmed the issue of private property. In VA, a commonwealth state, if a business is zoned as commercial...state police can impede upon the property to enforce city, county and state ordinances.

-ss-
 
I hear ya, Cerb. But you're not only getting a ticket...if ya don't move they're threatening arrest. So the 'see ya in court' statement would definitely take on a whole new meaning...lol.

I could hear it now...in a panic'd voice an officer yells, "I need backup!"

-ss-


I wouldn't let them threaten me like that. I would tell them, it's not my truck , it's the companies. You want it moved, move it yourself or call them to move it. I am sorry but i will not break DOT rules , setting myself up for anything to happen if i did move that truck just to appease some snot nosed pig hiding behind a badge on a power trip. This whole situation is not right and should be illegal but for some reason (money) it is not. :banghead:


He calls for back up , i am calling a local radio/tv station and getting there asses out there as fast as possible.
 
You're funny silver(I need back up) all because cerberus won't move his companies truck.LOLYou have to turn this into a funny situation before we all lose our minds.LOL
 
I'll tell you what they'll do if you don't move,they'll force you to take your 10 hr brk maybe even a 34 hr reset in jail and they'll call the towing company.Who's going to end up paying the towing charge and everyday it's in their yard, sure won't be the officer that arrested you.


And thats supposed to scare me. Just another day in the 'hood. And seriously, pay for a tow job and all that? NOT, that f'k'r would sit there. Like i said it is not my truck. I think topic has been lost here.

Bottom line, i would not let them to try to intimidate me into moving that truck. It comes down to what is right from wrong. What they are attempting to do is wrong and should not be able to do it. Stop bringing frieght to Va and i bet they change this little rule real quick. BTW, i hate that stupid state and everybody who lives there. OK not the entire state and not everybody. Just the little area of yorktown and the idiot at 217 XXXXXXX lane.
 
You're funny silver(I need back up) all because cerberus won't move his companies truck.LOLYou have to turn this into a funny situation before we all lose our minds.LOL

I truly wish I could attempt to turn this one into a funny situation...but after the conversation I had with a driver that drove 10+ hours then stopped at a truck stop, only to be woken up 4 hours later by a state trooper writing him a ticket, then telling him to move on or get arrested, incites major concerns within me. With all the bs truckers put up with from the federal & state gov't, brokers and docks...bs regarding safety is one that riles me up quick. Common sense and doing what's right in the best interest for everyone is being completely thrown to the wind with what VA state troopers are doing.

But I just couldn't resist a little levity with Cerb, though.

-ss-
 
I truly wish I could attempt to turn this one into a funny situation...but after the conversation I had with a driver that drove 10+ hours then stopped at a truck stop, only to be woken up 4 hours later by a state trooper writing him a ticket, then telling him to move on or get arrested, incites major concerns within me. With all the bs truckers put up with from the federal & state gov't, brokers and docks...bs regarding safety is one that riles me up quick. Common sense and doing what's right in the best interest for everyone is being completely thrown to the wind with what VA state troopers are doing.

But I just couldn't resist a little levity with Cerb, though.

-ss-

That is nuts. But it's more nuts that we allow this to happen. :confused:

I hear ya SS. It's always my pleasure chatting with ya. Your probably the smartest dumbf'k i know. LOL :cheers:
 
I just confirmed the issue of private property. In VA, a commonwealth state, if a business is zoned as commercial...state police can impede upon the property to enforce city, county and state ordinances.

What truck stop is this? I really want to try and get in touch with the owners and discuss the situation they are dealing with here.
 
It would be sweet if nobody delivered freight to their state and many others,but you know that won't happen.You're absolutely right not wanting to move and that's fine with the officer.All he will do is force you to go to jail till the court date then you plead your case.
 
I wouldn't go to jail either. Nothing good comes out of doing that.
 

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