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.