Washington state permits for 26,000 pounds?

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bindernut
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Re: Washington state permits for 26,000 pounds?

Post by bindernut »

Eh :roll: , we could go on and on here. Like ezernut says, no 2 dot guys will agree,,,, I just sat through an 8 hr DOT refresher course with 8 other experienced CDL drivers and there wasn't a whole lot we agreed on either. It's all in the interpretation.

FMCSR 390.3.3 reads pretty clear though. and it is an exception to the CDL rule. Otherwise UHaul couldn't make any money and Grandpa & Grandma would never get their 40' diesel pusher out of the driveway. I think CDL drivers automatically want to apply commercial rules to everyone because all of the rules apply to US.

I haven't heard about everything over 10K being subject to inspection, but I have heard of states trying to crack down on hot-shot haulers so I suppose the inspectors would be looking for anything of that weight. That wouldn't be profiling would it??
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Re: Washington state permits for 26,000 pounds?

Post by Bullitt390 »

bindernut wrote:FMCSR 390.3.3 reads pretty clear though. and it is an exception to the CDL rule. Otherwise UHaul couldn't make any money and Grandpa & Grandma would never get their 40' diesel pusher out of the driveway.
No, U-Haul only rates up to 25,500 pounds. If you have a truck with a GVW of 18,000 you can only tow up to 7500.

This day and age with goverments and municipalities going broke you can bet they are trying to make money any way they can. And if they see an older truck and a rickety trailer hauling a big load you can guarantee you have a target on you.

Unless you make a midnight run.

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Re: Washington state permits for 26,000 pounds?

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Bullitt390 wrote:
bindernut wrote:FMCSR 390.3.3 reads pretty clear though. and it is an exception to the CDL rule. Otherwise UHaul couldn't make any money and Grandpa & Grandma would never get their 40' diesel pusher out of the driveway.
No, U-Haul only rates up to 25,500 pounds. If you have a truck with a GVW of 18,000 you can only tow up to 7500.

This day and age with goverments and municipalities going broke you can bet they are trying to make money any way they can. And if they see an older truck and a rickety trailer hauling a big load you can guarantee you have a target on you.

Unless you make a midnight run.

Josh

I looked it up, actually the biggest Uhaul box with the biggest trailer would be a GCVWR of 25,700. 18,200 for a 26' box and 7500 for a car trailer. I assumed.
I also looked up motorhomes, and Grandma and Grandpa can infact jump into a 40' pusher with a 27,910 GVWR and a 33,000 GCVWR and take a ride up and down the Rockies. No CDL and no special requirements. The scary part is folks who can afford such a hotrod probably have never drove anything bigger that thier Lincoln Navigator!

Eitherway, Legal is legal no matter how broke Goverments and cities are. you might be pulled over by a officer who doesn't know any better but I can't see it holding up in court. I'd print off the regulation 390.3 f 3 ( http://www.fmcsa.dot.gov/rules-regulati ... word=390.3) and carry it with me and kindly inform any well meaning officer he is in fact wrong in regards to that load.
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Re: Washington state permits for 26,000 pounds?

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To keep it straight ,, what is exempt from all DOT' Rules is everthing that is RV'S Or trailers with living quarters,, Anything to do with racing is also exempt.. every state has a different way of loking at things,, But I can say one thing every time we get pulled no matter what state it is, DOT officer is shocked cause we have everything that is needed and then hand back our paper work and sday good job, and then they tell us on how many they have to chase down to get stopped cause of violations.. U-Haul I guess they over look, cause if thye wanted to get serioius I have seen some ratty looking rides,, about the toughest state have seen is AZ NM and have seen them pull RV'S in the scales
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Re: Washington state permits for 26,000 pounds?

Post by Bullitt390 »

If you drive an RV with air brakes you must have an air brake endorsement...

Then again, if pulled over and sent to court the judge will ask why such a large machine was purchased for "hobby" use and not for commercial purposes? Therefore the 390.3 blah blah blah is null and void.

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Re: Washington state permits for 26,000 pounds?

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Bullitt390 wrote:If you drive an RV with air brakes you must have an air brake endorsement...

Then again, if pulled over and sent to court the judge will ask why such a large machine was purchased for "hobby" use and not for commercial purposes? Therefore the 390.3 blah blah blah is null and void.

Josh
A/B endorsments are not required for Rv'r in every state, some states require it over 26K, not all.

as for 390.3 blah blah blah, again, I'll need to see where a judges sneaky suspicion serves as law. I don't care if I purchase the Chrysler Building and move it piece by piece to my back yard, if it's for personal use, it is for personal use. it's NON COMMERCIAL and there for falls into the exempt/exeptions Reg. However bullitt, If you can show me something to the contrary, I'd be happy to learn something!
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Re: Washington state permits for 26,000 pounds?

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All I see here is what one state says and the other does, like a old cop told us in La. this does not look like NC so go by our law, it was in reference to amber revolving lights so since then we have a permit for that as well. Sorry but when you go state to state just need to have your act together,, and just because you have not been pulled, Does not mean your time is coming, 10 years ago we got pulled on a Sat. nite DOT Opened the scale for us and went down the Federal Book on what was needed and who was exempt and said and pay attention DOES NOT Make a difference on personal use, In the book is anything over 10,000 is subject to DOT. if your not a RV, Racing Trailer we will pull you is exact words , maybe not today but your day is coming,, 2 major dealers using those trucks thats says RV Not For Hire now all have CDL's cause they where pulled off the road into scale and put out of service until a driver showed up with a CDL and new set of plates. Come to Charlotte Auto Fair and just see the NC DOT working hard checking and putting some of these smaller trucks out of service.. Now a Florida DOT Officer told us that if a RV Is in a accident and a investigation follows and finds something for sale, then will be turned in like a commercial vehicle.. One dealer just bought a trailer, was over the 26,001 on GVWR"S and was empty going around Atlanta, even though empty did not have CDL so put out of service and brought to jail, post bond etc.. Bottom Line you can debate this to death and will not get anywheres cause its just how you look at the book,, We are Not For Hire, Truck says it, Trailer says it , Haul my own trucks, even though we are a business every truck is my own personal property till it gets to our shop, and still get pulled,. WHY Over 10,000 lbs period on GVWR's,
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Re: Washington state permits for 26,000 pounds?

Post by ezernut9mm »

but you are still a for profit business tom. even though i do see your point. crossing state lines presents it's own problems as well.
i work for an ltl trucking company, and most of our trucks don't even have apportioned tags since we operate inside the commercial zone of kansas city. it sort of comes down to knowing your business, what you plan to do and trying to stay within the law, or close as you can, without raising any suspicions. it is a fine line.
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Re: Washington state permits for 26,000 pounds?

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FLASH 1 wrote:All I see here is what one state says and the other does, like a old cop told us in La. this does not look like NC so go by our law, it was in reference to amber revolving lights so since then we have a permit for that as well. Sorry but when you go state to state just need to have your act together,, and just because you have not been pulled, Does not mean your time is coming, 10 years ago we got pulled on a Sat. nite DOT Opened the scale for us and went down the Federal Book on what was needed and who was exempt and said and pay attention DOES NOT Make a difference on personal use, In the book is anything over 10,000 is subject to DOT. if your not a RV, Racing Trailer we will pull you is exact words , maybe not today but your day is coming,, 2 major dealers using those trucks thats says RV Not For Hire now all have CDL's cause they where pulled off the road into scale and put out of service until a driver showed up with a CDL and new set of plates. Come to Charlotte Auto Fair and just see the NC DOT working hard checking and putting some of these smaller trucks out of service.. Now a Florida DOT Officer told us that if a RV Is in a accident and a investigation follows and finds something for sale, then will be turned in like a commercial vehicle.. One dealer just bought a trailer, was over the 26,001 on GVWR"S and was empty going around Atlanta, even though empty did not have CDL so put out of service and brought to jail, post bond etc.. Bottom Line you can debate this to death and will not get anywheres cause its just how you look at the book,, We are Not For Hire, Truck says it, Trailer says it , Haul my own trucks, even though we are a business every truck is my own personal property till it gets to our shop, and still get pulled,. WHY Over 10,000 lbs period on GVWR's,
For one, I posses a AZ-class A CDL . I have been pulled multiple times in several states for inspections and have never had a driver ticket because I had my act together. Again, hauling your personal property makes you exempt. If a cop on the side of the road tells you different, you should have had your act together, known the law and shown him different. I carry a pocket FMCSR book in my log folder because if he is writing me and I think he's wrong, I want to see the reg. We're all Human, even cops and no one can know everything in regards to that book. As demonstrated on this thread everyone interprets it different...and some just flat choose to believe what they've "heard".

The difference in your company truck(s) is you are furthering commerce (using it to make money). whether it belongs to you or the company you work for. If you use it to make your company money, you're a CMV by definition….. And thus you are subject to inspection. Now a cop may pull you over if you look to be 10K , however, unless you are driving a CMV you are not subject to Federal regulations.

If a RV is pulled over and a cop finds anything furthering commerce, that RV is a CMV. If you are driving your family to Yosemite, you are not a CMV

Example: Any individual can purchase and drive a 40‘ diesel pusher off the lot. If a employee of that dealer delivers the same RV, he must posses at least a class B CDL . he is in the act of commerce.

The officer is right about anything over 10K being subject to DOT inspection. Once that inspection reveals the vehicle is under it’s GVRW and a NON-CMV the inspection should end and the driver let on his way. If the cop did not, it was because it was a CMV or the officer was mis-informed.

As for the auto fair, You only said “putting smaller trucks out of service” Were they in the parking lot working over customers smaller trucks or dealers smaller trucks? Were the dealers trying to sell something?? Imagine that, commerce!

My understanding of “not for hire” means you are not actively pursuing business, it doesn’t mean you are not in the act of commerce.

All that said, I’m done with this. We could go on for months and I’m just not into it. AverageF250 needs to make up his own mind. Every area I know of has a FMCSR trainer in whatever agency patrol the highways, I’d ask to speak to him. I have the card of mine and the assurance he’s happy to take my call. He’s told me not to call just any weigh station officer either.

In my state, the trained DOT officers wear black HP uniforms while all others HP wear tan. The tan ones have a hard time spelling regulations.
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Re: Washington state permits for 26,000 pounds?

Post by ezernut9mm »

all i know is that when i see gloves and a creeper i get nervous. lol. uh oh, here we go. luckily as long as i am personally in compliance (meaning i have done a proper pre trip and disclosed any problems) my company will take the hit. they will always find something if they want to. i once got written for a dirty fire extinguisher. seriously. he said the condition posed a reasonable doubt to the operational integrity of the f/e. those were his words. not mine. lol he was trolling and was mad that i had my seat belt on when he pulled me over. it wasn't on when he left the parking lot to chase me down. they will get their money one way or the other. all one can do is try and comply and act responsible.
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Re: Washington state permits for 26,000 pounds?

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ezernut9mm wrote: all one can do is try and comply and act responsible.

well said, seriously, a fire extinguisher?? LMAO
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"ya know, you're about as useful as Amish tech support."

"The problem with quotes on the Internet is that it is hard to verify their authenticity" - Abraham Lincoln

Murphy lives in my shop and takes advantage of any opportunity he can find.

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Re: Washington state permits for 26,000 pounds?

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Craig they are even getting down to if no windshield washer fluid its a fine,, and then the clipboard on mud flap rule, now they don't need a ruler to measure mud flaps, have been pulled in the 80's many times for too short of mud flaps in AZ.

Oh bindernut from Kingman,, my fav, set of scales, we get pulled every time we go through there empty loaded, trailer or not trailer and there and over on the 40 at the port has been the only 2 places I have seens RV's pulled in and being checked,, also did you know that down in Phoenix and Tucson they have City DOT Inspectors now,, one rides a motorcycle, then if needed calls for the truck with the creepers
at the auto fair they watch and pull trucks that are not within the law especially out of state trucks, last fall show they actually had 1 spot with their truck and 3 of them with clipboards looking,, we have one vendor all he carries is paint and thinner in 5 gallon buckets, comes rom the midwest to the shows all hazard, no placards most likely no hazmat CDL and keeps truckin,, thats the things what they look for...
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Re: Washington state permits for 26,000 pounds?

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I get different answers from different folks. I'm going to remove the chip conveyer and some of the gaurds, put those parts in a friends truck and tarp the machine. I have some light shop furniture I bought with the machine I'll put with it on the trailer.
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Re: Washington state permits for 26,000 pounds?

Post by basketcase0302 »

It's been a hot yet good thread Dustin thanks for bringing it up, (I've learned a little from it). Especially in light of what one of our own just went through in regards to a big truck. I drive a 2.5 ton everyday for work and do know what the truck can do if operated improperly.
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Re: Washington state permits for 26,000 pounds?

Post by FLATBEDFORD »

My understanding is that DOT rules are based on the rated and / or registered weights of the truck and trailer for CDL compliance. If you are over MGW you are in trouble no matter what license you have.
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