Well said, TJ.
Thanks for the straight dope.
Mike T.
----- Original Message -----
From: "Timothy Smith" <timothy.smith1@worldnet.att.net>
To: "Military Vehicles Mailing List" <mil-veh@mil-veh.org>
Sent: Thursday, February 15, 2001 1:55 AM
Subject: [MV] CDL etc etc etc.
> Ok, fellas.......my qualifications are that I am a commercial motor
vehicle
> inspector and a qualified Texas license and weight officer.....so I know
> something about this. I am one of your much-despised inspectors that you
> all talk so much (and so badly) about. I examine interstate and
intrastate
> motor carriers.
>
> (1) The federal motor safey guidelines are FEDERAL laws enacted to create
> the "North American Standard" which is simply a method by which motor
> carriers (and their drivers) can expect to be held to standardized rules
> regarding the general operation and equipment standards of their vehicles
> throughout the North American continent (i.e. Canada, United States,
Mexico,
> et al.)
>
> 2) To be enforced by a STATE or qualifying MUNICIPALITY (such as myself as
a
> police officer in San Antonio) these guidelines must be adopted as a whole
> OR in part by the state legislature. (And by the way, for the benefit of
> those of you who pooh-poohed municipal officers, I got my training seated
> alongside the much vaunted Texas DPS State Troopers at their Academy. I
> shall keep my comments for those of you who believe all municipal officers
> are a bunch of uneducated fools to myself!)
>
> (3) In some cases, the state legislature may not particularly care for
parts
> of the federal guidelines or perhaps are more comfortable with the wording
> in their already established laws (so as not to confuse us poor uneducated
> law enforcement types who cannot read....HA!). (Typically this exclusion
> would not include vehicle equipment items which are manufactured to a
> federal standard anyway.) In the case of Texas, we did NOT adopt portions
> of the federal guidelines (particularly the CDL and insurance portions and
> some others that are inconsequential to this topic at the moment) in favor
> of similar Texas laws.
>
> (4) As you know, (if you were awake in your high school government class
> that day) states may NOT enact laws that are LESS restrictive than the
> federal laws they mirror. This rule applies in any of these United
> States.....AND.....to participate in the North American Standard program,
> countries such as Canada and Mexico have agreed to abide by that general
> rule. It is, after all, in their best interest to foster good relations
in
> that regard in order to improve and maintain their economies. Therefore
> other STATE laws are either MORE restrictive than federal law, or at least
> AS restrictive. But as a general rule, you will find that most laws
> regarding the operation of commercial vehicles are quite similar. It
would
> make no sense for any state to be so restrictive that it put a
stranglehold
> on commerce, and legislators endeavor to enact laws that closely follow
> other states for other obvious reasons.
>
> (5) BUT, on the issue of commercial drivers licenses, if you come from out
> of state and hold a clear and current CDL of that state that is
appropriate
> to the class of vehicle you operate, and you are inspected (even including
> Canada or Mexico) your CDL W I L L be accepted......period........end of
> story. Why?......Because, quite simply, CDL's are the highest TYPE of
> license that any state issues and furthermore, (by way of example) a state
> official has no authority to enforce out-of-state licensing requirements.
> So if your state says you have the proper TYPE and CLASS of license for
what
> you are doing in interstate commerce, it's OK by the rest of us.
>
> Oh and by the way........if you are operating NON-commercially you need
only
> a driver's license appropriate to the class of vehicle you operate. Here
is
> true life example for Texans.........remember I said "TEXANS"......the
rest
> of you may sit this out if you wish but I'd suggest you pay attention.
>
> Tonight I looked at a 1993 Freightliner. I am considering buying it (and
a
> trailer somewhat later) for the purpose of hauling my Scout Car around,
and
> to allow me some latitude in case I decided to obtain an HMV that was
> somewhat larger or heavier. Therefore my purpose for operating the big
> truck and trailer is strictly as support for my crazy hobby.....no
> remuneration involved...no favors for friends...no hauling parts to a
> convention to sell em....just me and my green stuff going to God only
knows
> where to play.
>
> Under these circumstances, three things occur. (1) I do NOT have to have
a
> CDL-type license....merely a DL- type license, as I am not engaged in a
> commercial endeavor. (2) but Texas says I have to have the proper CLASS
of
> DL in ANY case....sooooooo, I would need a class "A" license (which is for
a
> vehicle with a combined gross vehicle weight rating *GVWR.....NOT GVW
which
> is gross vehicle weight* of AT LEAST 26,001# of which the trailer has a
GVWR
> of MORE than 10,000#)....and of course if I had no trailer and was just
> bob-tailing around I could get by with a class "B" DL.
>
> The THIRD thing is where most of you are missing the boat on this topic.
IF
> the vehicle is NOT being operated COMMERCIALLY then it is NOT SUBJECT TO A
> COMMERCIAL VEHICLE SAFETY INSPECTION ! To prove the point I will give
> another example. Joe Blow truck driver drives an 18 wheeler for Bubba's
> Trucking Company but the day I stop him he is going home in the truck. He
> has been released from duty, has no load and the company has allowed him
to
> use the truck for transportation to his home for a few days off. Can I
> inspect him?.....NOPE. At that point the vehicle is NOT being operated
> commercially. Simple, huh? So, if you are NOT commercial, can you be
> weighed? Sure.....that's your state's weight laws being enforced.....not
> safety regulations. Do commercial vehicle inspectors hang out at
> weigh-strips? YUP....but that doesn't change a thing.
>
> SO.....if I had my big rig and I was taking my Scout Car up to Washington
> state by way of (DAH-DAH-DAH-DUMMMMMMM.....gulp!) California.....an
> interstate journey.....for nothing more than the furtherance of my hobby
and
> all I had was my lil ol Texas class "A" DL, then the California Highway
> Patrol and all their little buddies would have to accept it. Tough
noogies,
> boys!
>
> With regards to an inspection, be assured they would WANT to inspect me
but
> in that my operation of the big truck is strictly private, they could not,
> as inspections are only for COMMERCIAL vehicles and NO state has the
> authority to inspect vehicles that are out of state non commercial.
>
> I'm tired of typing, I've stayed up WAY past my bed time trying to educate
> you and if you don't get it by now.....you ain't NEVER gonna get it! If
you
> have a question, contact me off list because if you do it on the list,
> you'll just confuse the others.
>
> Regards,
> TJ
>
>
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This archive was generated by hypermail 2b29 : Mon Mar 05 2001 - 07:58:31 PST