Legalities of doing calls in Transport Trucks

[Meaghan McLeod 179664]

I hope this is not asking about something that is illegal, do not wish to discuss issues that are clearly illegal.

 

I have often wondered if it is legal or not to do calls in Transport Trucks, Motor homes or any other type of vehicle that is not a car. or a passenger van.

 

Transport Trucks and Motor Homes have an assumption of privacy that regular cars do not. Truck drivers often live in their trucks, and only get motels on occasion. Motor homes also offer an assumption of privacy.

 

I have tried to figure this point out, but haven't found it.

 

Mod, do you know? Thanks!

 

Meaghan

 

Meaghan

[roamingguy 300292]

I'm no lawyer but my guess, illegal. A transport truck is still a truck and a motor vehicle. I could put a windowless cap on my pickup truck, but it would still be illegal to have a date in the truck, even though there is privacy. Also a van can be windowless but again, privacy notwithstanding, seeing a lady would be considered, IMHO illegal.

A motorhome, well while as a vehicle I would say no. But if parked, hooked up, and used as a home...maybe, I say maybe...the caveat, I really don't know

Now the transport truck, besides imho being illegal, couple other factors to consider. First, maybe the truck belongs to the trucking company, not the driver, and the driver is using it for work (driving) His employer may frown on it being used for seeing ladies. Second, if the driver owns his own truck, it likely has a trailer hooked up. He has a contract with the company he is hauling for, and they may take a dim view of him seeing ladies in his truck with their trailer attached to his rig

Anyhow, a uneducated rambling

RG

[Meaghan McLeod 179664]

Thank you RG. That helps clarify it for me.

 

xoxo

[RiverviewNB 130]

If you are living in you motor home or transport then it is considered a dwelling. Under the criminal code a dwelling has more protection in many legal circumstances. E.g. , you require a search warrant to search it.

[qwertyaccount 15793]

Great question!

 

Under the Ontario Family Law Act, a Matrimonial home is defined as "Every property in which a person has an interest and that is or, if the spouses have separated, was at the time of separation ordinarily occupied by the person and his or her spouse as their family residence is their matrimonial home. R.S.O. 1990, c. F.3, s. 18 (1)."

 

This would include cottages, mobile/motor homes, trailers, tents, truck cabs and cardboard boxes under bridges, if "ordinarily occupied by the person and his or her spouse".

 

The tricky part is how a judge would treat a live-in cab of a truck.

 

The big questions are:

 

1) if someone sleeps there on a regular basis, is it (one of) their home(s)?

 

2) are all homes private?

 

3) are all actions inside of a home private? For example, if you have a big picture window in the front of the house and press a lady against the window while doing it, and it is visible to people on the street, is this private?

 

[canuckhooker 19203]

Not sure if this helps, but in terms of the liquor license act in Ontario, any place a person sleeps is considered a dwelling. This is why you can drink beer when you go camping and are living in a tent. It used to be technically illegal. If you sleep in the tent, it becomes a dwelling for the purposes of the law. I would think a trailer, or live in cab would be the same thing.

[Miss Jessica Lee 43328]

aside from the legalities of such what about the safety aspect for yourself?

 

What if he drives away with you?

How safe are outcalls when you have no address to check?

 

sometimes being arrested isn't the worst case scenario... just sayin'

[Meaghan McLeod 179664]

aside from the legalities of such what about the safety aspect for yourself?

 

What if he drives away with you?

How safe are outcalls when you have no address to check?

 

sometimes being arrested isn't the worst case scenario... just sayin'

 

Thank you Jessica - this would only be with known clients who normally see me in my incall, however, some days they don't have enough time to park, take a cab and come to me.

 

Of course, safety is always the most important issue to consider.

[Nathalie L 112512]

Discussing the laws themselves and what they mean is useful, but the more important questions is how those laws are used by the police. Some laws, although on the books, aren't enforced for a variety of reasons.

 

For example, ninety-eight percent of prostitution related offenses are brought against outdoor sex workers. They are usually charged with s.213 (the communicating provision). If you're unknown to the police, largely work indoors (except when moving from your incall to their parked truck and/or motor home), and only rarely (very very rarely) move from your incall to their truck I really don't think you have anything to worry about (minus the safety precautions Jessica Lee mentioned). The police usually respond to community-based complaints against particular workers... I don't think you'll be targeted in that way.

 

Of course, there's always a risk, but that's the case with having an incall too.

 

IMHO, you're very unlikely to be targeted by the police. I've had clients drive me places after appointments on occasion and I never thought twice about it. While your situation might be different, no one knows that.

[Meaghan McLeod 179664]

Thank you everyone for your input. I now have a better understanding. I am always so glad that there are so many smart people on this board.

[RoddyThomas 2746]

I used to drive tractor trailer and my understanding is that it is not legal. That was Ontario. Laws may vary from province to province.

[curmudgeon 10469]

(b) is nude and exposed to public view while on private property, whether or not the property is his own, is guilty of an offence punishable on summary conviction.

 

Hmmm, the stage at my local strip club is visible (briefly) from the street as patrons go in and out the door.

[cyclo 30131]

I used to drive tractor trailer and my understanding is that it is not legal. That was Ontario. Laws may vary from province to province.

 

Prostitution, obscenity and nudity laws are all contained in the Federal Criminal Code of Canada. These laws are therefore uniform across Canada, regardless of which province you're in.

 

There might be differences in enforcement by police from one jurisdiction to another, but the interpretation of the law should be largely the same if the case goes to trial. In general, when police find a couple having sex in a vehicle, they don't charge them anymore. They just ask them to "move along".

 

As I mentioned earlier, there have been plenty of cases which have established that there is no public obscenity if the couple is in a secluded area. Here are a couple of quotes from an Ontario Appeal Court case in which the majority decision was that sex in a "public place" does not automatically make it "public obscenity".

 

The obscenity laws were "absolutely not intended to cover police officers who surreptitiously sneak up on people in the middle of the night, shinnying down 20 feet though the Niagara escarpment, through the bushes, then getting up to a foot-and-half behind you and yelling Gotcha!... There is no question that, had the police officer not sneaked up on the car to see what was going on inside, no one would have seen or been aware of the sexual activity going on inside."

[SteevesTheKing 100]

That sounds risky. I wouldn't recommend any lady go in there. Sounds creepy and seedy.

[Meaghan McLeod 179664]

Everyones risk tolerance is different. They pay a premium for this service, and only clients I have seen previously. Yes, its risky, but in my opinion, going to a residence is riskier.

 

I was only asking about the legalities - not the risk factors. Thank you for your opinion.

[qwertyaccount 15793]

That sounds risky. I wouldn't recommend any lady go in there. Sounds creepy and seedy.

 

I appreciate your safety concern.

 

There are many hotels near me that I wouldn't want to visit during the day, let alone a lady alone at night.

 

Many truck stops are very clean with lots of security -- there is often tens of millions of dollars worth of trucks and cargo on the lot.

 

Sleeper cab trucks cost more than a lot of houses and many drivers earn more than a lot of office workers.

[fortunateone 156618]

i was just browsing thru the legal section, I know this is an old thread, but I remembered it when a relative or mine recently posted something.

He drives a truck long distance.

 

Sps who see truckers in their trucks are referred to as "lot lizards."

 

 

I don't know about anyone else, but if that is the attitude and term they are using with each other and to others, I would want to know this before I considered providing this service.

[Bianca Jaguar 39183]

hmmm dont know what the term "lot lizards" means...not sure i want to know either...

[Studio 110 by Sophia 150333]

I would have to say, to each their own. In my experiences, truck calls are very risky and would never offer this to a client. I feel safety is above anything. What if he drove off with you in there? I have many truckers, I tell them to park the truck and cab over to my location. If they are not willing to do that, then why I ask???

 

But Meaghan has a point, this is her way and that is fine. If SHE feels safe, and I know she is experienced, then I say Best wishes and be sure to screen carefully! Get license number and have a friend parked near by..( like in front of truck) to be sure that you are exiting at the right time safe and sound:(

But yes falls into same category as an "outcall" by what I can see. It is the clients own location, but yet, if parked in a parking lot of a truck stop, then I suppose the lot owner has the right to file a complaint. especially whereas truck stops are often "family" dinner as well...

 

also the term "lot lizard" refers to a lady who "trolls" the parking lots ( soliicitng ) , not one who is invited over....

[fortunateone 156618]

Besides the negative stereotyping, what also concerns me is a quick google of the term leads to some pictures of ladies approaching trucks, entering/exiting, in the area. iT seems extremely risky for this reason as well :)

 

I'd never heard the term before I read it in a post, and then realized later what he actually was talking about. The negative stereotypes are also that the ladies who hang out at these truck stops tend to be the marginalized less fortunate SWs as well, so there is the typical SW stereotyping of drug addiction and STDs assumption along with the derogatory terminology.

[Meaghan McLeod 179664]

There is a difference between someone who "hangs out at truck stops", and solicits clients - which is illegal. I am talking about being invited to be entertained by a client in their truck.

 

Almost like comparing a street worker and an escort who advertises online. If we stopped taking calls because someone chooses to call us a wh*re, this is no different then someone calling us a lot lizard. Thick skin in this business.

[rephil 120]

You should know that the police can not search and go in your car or motor home without your permission or a search warrant but a truck is governed by much great set of rules. If used for inter provincial or cross border they fall under federal rules allowing D.O.T. to inspect and or search at any time. If it is not yours weather you sleep in it or not it is no different than and office. You can not have anyone in it without a company waver. If anything were to happen weather moving or not there would be large legal ramifications. Both you and your company would be liable for and thing that happens accidental or deliberately. Just a little incite as most guys do not know you can not even have a closed or open beer in a truck all alcohol must be manifested and in a trailer

[roamingguy 300292]

You should know that the police can not search and go in your car or motor home without your permission or a search warrant but a truck is governed by much great set of rules. If used for inter provincial or cross border they fall under federal rules allowing D.O.T. to inspect and or search at any time. If it is not yours weather you sleep in it or not it is no different than and office. You can not have anyone in it without a company waver. If anything were to happen weather moving or not there would be large legal ramifications. Both you and your company would be liable for and thing that happens accidental or deliberately. Just a little incite as most guys do not know you can not even have a closed or open beer in a truck all alcohol must be manifested and in a trailer

 

I may be wrong but whether the truck belongs to the company or you own it yourself, isn't there a question of insurance too, not just the company waiver. The insurance company may frown upon anyone other than the driver being in the cab, whether the transport truck is moving or parked.

Just speculating on my part

 

RG