Pop some popcorn and kick back with a large drink cause the answer could be
LONG. I will provide reference numbers so that if you get by a truck stop,
you can buy a copy of the "Federal Motor Carrier Safety Regulations" in a
pocket sized book (about $4) and read 'em yourselves. This smaller sized
book has the complete regulations but does not contain the interpretations
(kind of a question/answer section.)
Lets simplify the questions you've asked so that everyone can get something
out of this.
Here's the scenario Jon has set up if you haven't been following this from
the start. We got a BIG freakin' M35 with an equally big freakin'
trailer....let us just agree that it is of a large enough size that most
reasonable folks would agree would be considered a commercial CLASS vehicle.
It has military lighting that is for all intents and purposes substandard
for commercial motor vehicles (i.e. no marker lamps, clearance lamps,
identification lamps (those 3 little lamps that are front and rear near the
centerline of the long axis of the vehicle), backup lamps and license plate
lamps.) Also, the vehicle has a type of "historical" or "antique" or other
special interest type of registration (registration varies from state to
state.) Jon has loaded the trailer with his own M114 and is going to the
MVPA convention in another state to show his vehicle (i.e. his purpose for
going is for pleasure.)
OK, here we go....question 1 & 2 is: Do the Federal Motor Carrier Safety
Regulations apply to Jon? If a commercial vehicle inspector stops Jon,
should he inspect Jon?
The answer is NO and NO. While he is in a class of vehicle that normally
would be inspectable, part 390.3f3 General applicability, provides and I
quote, "Exceptions. Unless otherwise specifically provided, the rules in
this subchapter do not apply to (subsection 3) the occasional transportation
of personal property by individuals not for compensation nor in the
furtherance of a commercial interprise."
Question 3 is: In this scenario can we use the Federal Motor Carrier
guidlines for determining what lighting (or any other equipment for that
matter) is required on Jon's rig?
NOPE! BECAUSE,....... the regulations (in this scenario) do not apply to
Jon.
I know I am going to be deluged with questions after this but I will
continue with this when I get back from dinner and a movie with my wife. I
will complicate this even further and answer more questions in the next few
messages.
TJ
This archive was generated by hypermail 2b29 : Sat Sep 02 2000 - 09:32:35 PDT