Sorry guys, I lumped your issues together for brevity. We shall
continue...(by the way, we went and saw THE CELL at the movies
tonight.....it was beautifully done and it sucked.) If you are just joining
us, go back to the "(MV) reply to Jon part one" message and read it first.
OK, so far we have found out who does not need to be inspected at a DOT
site. But speaking very practically, how do you convince the scowling
inspector that you are transporting your personal property on an occasional
basis and that you are not receiving compensation or in the furtherance of a
commercial enterprise?!
Well, for one thing, the special plates will probably help but they are not
the be all and end all of this argument. In some states there are lots of
restrictions on those types of registrations as well. In fact, if you
cannot convince the nice inspector of your non-commercial intent and you are
out of your home state of registration, you may even be taking a trip to the
nearest tax office and made to register again in the state they got you
stopped in! CHA-CHING$$.....Ouch!
So being prepared on this issue is VERY IMPORTANT. Lets face it, most folks
cannot believe we do this stuff for a hobby even when we are in our own
driveway, so you would have to be doubly ready to convince the inspector.
I would suggest being a card carrying (quite literally, carry the card!)
MVPA member for one thing. Demonstrating that folks ACTUALLY do this for a
hobby would be most convincing. It sounds goofy but showing the inspector a
couple of back issues of Mil Veh Magazine or Army Motors probably wouldn't
hurt. Demonstrate that you are a enthusiast, but DON'T show him the Supply
Line Magazine cause that one looks more like business than pleasure! If he
still can't believe it, probably the tie-breaker would be for you to be able
to demonstrate that what you are loaded with is (1) yours and (2) ain't
there because you intend to sell it where you are going. (Sidebar comment:
If it is being transported to a place of sale you are not necessarily "in
commerce" if you are not a dealer in MV's and the sale is only casual, but
why invite more trouble from the inspector!?)
Be aware that there are lots of folks out there who would sell their mother
to avoid an inspection and most inspectors are very difficult to get by on
this so BE PREPARED!
So far so good. (I know this is kind of dry, guys but read on for important
stuff.)
Part 355 of the Federal Regs; Compatibility of State Laws and Regulations
Affecting Interstate Motor Carrier Operations generally provides that all
states...yours AND mine... annually review their laws to ensure that they
are compatible with the Federal Regs for interstate motor carrier operations
and are NO LESS STRINGENT than the Federal Regs. State laws may be MORE
stringent, however. This is an effort to create some uniformity throughout
the US, and the rest of North America, for that matter. Many states adopt
all or part of the Federal Regs as STATE LAW but you can bet the parts they
do NOT adopt are going to be MORE stringent. The most common parts of the
Federal Regs that are not adopted are those concerning insurance and driver
licensing laws.
Jonathon, thank you for being so patient. Your issue is what I have been
coming around to.
If you are operating commercially within your state but NOT interstate or
hauling interstate loads (see below)then you need only to consult your
state's laws for the answer to your lighting questions. It would be very
presumptuous of me to quote you laws for anywhere other than Texas,
lighting, CDL or otherwise.
Try going to your browser and search using key words, "(your state name)
motor vehicle lighting requirements." I am pretty sure (still, I'm
guessing) that vehicles in states requiring mandatory equipment safety
inspections of ANY type (not necessarily DOT) will require that your
lighting be in place and in operating condition day or night, particularly
those vehicles considered by the state to be "commercial."
If your M35 remains in its military configuration and you want to be able to
return it to "combat-looking" status once in a while, you may consider
mounting your temporary add-on lighting with strong magnets if your state
does not specify permanent mounts.
(By the way....Interstate transportation is when the load originates in one
state and is bound for another state and you are all of or even only part of
the transportation process WETHER OR NOT YOUR VEHICLE ACTUALLY CROSSES STATE
LINES with the load! This little rule gets a LOT of folks in trouble.)
Did I miss anything?
Kind Regards,
TJ Smith
CMV inspector
San Antonio Police Dept.
This archive was generated by hypermail 2b29 : Sat Sep 02 2000 - 09:32:35 PDT