Re: [MV] Confused in CA about M35 rules.

From: Chris (cdavis@mail.johnsonmfg.net)
Date: Tue Feb 22 2000 - 12:38:24 PST


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Mark,

Have you considered this line of attack for registration of your shop body M35?
I'd throw a sleeping bag or two in there with a 72hr emergency kit and call
it a "Motor home".
Note the "recreational or _emergency_ occupancy." clause. Hey, you're just
being ready for the big one.

1793.22 Par 3
(3) "Motor home" means a vehicular unit built on, or permanently
attached to, a self-propelled motor vehicle chassis, chassis cab, or
van, which becomes an integral part of the completed vehicle,
designed for human habitation for recreational or emergency
occupancy.

Now, I don't know about a standard M35, but in your case, I think you could
get away with it.

I have a M37. I registered mine as a van. No commercial designation, no
weight charges. I explained that the rear was meant to hold people (has
seats, is covered) and that it was more van than pickup, and they went for
it. Your results may vary, but it can't hurt to try.

Chris Davis
'52 M37
MVPA# 20000
Lake Forest, CA
http://www.webworldinc.com/johnson/m37web/

At 11:11 PM 2/21/00 -0800, you wrote:
>*This message was transferred with a trial version of CommuniGate(tm) Pro*
>
>"Henry" <henrya@jps.net> wrote:
> > Well, I'm confused. I registered my M35 after driving it here from
> > Idaho without a license or registration or a CDL. I just went into
> > DMV with the paperwork from Idaho that Alex gave me. It took the guy
> > about 30 minutes to figure out how to register it. It is registered
> > as an historic vehicle, which exempts it from weight fees, and
> > according to him, my need for a special license. The license fees
> > are only 60 bucks per year, no weight fees, no smog.
>
>When I got my M109A3 (like an M35A2, but with a shop van body) several
>months ago, I researched this topic quite a bit, including talking to
>the DMV, talking to the commercial enforcement guys at CHP, and
>reading the pertinent sections of CA Vehicle Code myself (they're
>on-line at http://www.leginfo.ca.gov/). The topic got beaten to death
>on this list back in early November, and I figure it'll be re-hashed
>over and over in the future... All of you folks lucky enough to live
>in the USA may hit the delete key; California residents please read
>on... :-)
>
>If I am not mistaken, you're correct about everything *except* the
>need for the special license. I am also registering my 2.5-ton as a
>historical vehicle, and insuring it as such through J.C. Taylor.
>
>The guy I talked to in the commercial enforcement division at CHP
>(unfortunately, I do not recall his name) said that the historical
>plates do not remove the requirement for having a class B CDL. I could
>not find anything which suggested that they would in the CVC when I
>searched it myself. A year or two ago, a MIL-VEH list member said that
>he had heard that there was a court case which determined that the CDL
>would not be required with a historical vehicle, but the guy at CHP
>had not heard of any such thing, and the list member did not provide
>any case number(s) or name(s). In particular, section 12804.9(b)(2)(B)
>describes the licensing restrictions by vehicle type, and the sections
>pertaining to historical plates make no mention of different licensing
>requirements.
>
> > I haven't even put the license plates on, just carry them with me, and no
> > one asks, yet.
>
>I think that you still need to mount the plates, and light the rear
>one. The CVC sections I could find pertaining to historical plates
>made no mention of not needing to mount them. I recommend that you call
>up CHP and ask about that.
>
>I've said it before, and I'll say it again: I really, truly, want to
>be proven absolutely wrong on this one. Many list members have stated
>that they didn't think that CDL should be necessary for non-commercial
>use of my truck, but the CA Vehicle Code and the guys who write the
>tickets both seem to disagree. So far, to my knowledge, nobody has
>produced anything authoritative to refute that. I'd be very happy if
>anybody could produce a vehicle code section number, case number, etc.
>which would prove to me (and the DMV, and the CHP) that I can legally
>drive my historical-plate deuce in CA with my class C license (even
>though I have already paid for the class B and the medical card, and
>just need to take my drive test).
>
>--
>Mark J. Blair, KE6MYK <mblair1@home.net>
>PGP 2.6.2 public key available from http://pgp.ai.mit.edu/
>Web page: http://www.qsl.net/ke6myk/
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>
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