From: Ryan M Gill (rmgill@mindspring.com)
Date: Mon May 19 2003 - 10:29:20 PDT
At 1:03 PM -0400 5/19/03, Glenn Shaw wrote:
>
> Vehicles defined as commercial type motor vehicles regardless how they are
>used, require CDL if the weight is high enough, We have seen many cases go
>to court against people who dont get this point. Easy to prosecute. Full
>Air brakes have certain requirements which may or may not have changed in
>some states. I had not heard that the air brake endorsement is out but it
>still is in here in MA for FULL air systems. Doubles, triples, tank
>vehicles, haz mat etc. all require endorsements.
This conflicts with the regulatory guidance. Specifically:
Question 21: Does the exemption in §390.3(f)(3) for the
"occasional transportation of personal property by individuals not
for compensation nor in the furtherance of a commercial enterprise"
apply to persons who occasionally use CMVs to transport cars, boats,
horses, etc., to races, tournaments, shows or similar events, even if
prize money is offered at these events?
Guidance: The exemption would apply to this kind of
transportation, provided:
(1) The underlying activities are not undertaken for profit,
i.e., (a) prize money is declared as ordinary income for tax
purposes, and (b) the cost of the underlying activities is not
deducted as a business expense for tax purposes; and, where relevant;
(2) corporate sponsorship is not involved. Drivers must confer with
their State of licensure to determine the licensing provisions to
which they are subject.
> ANY tractor with a fifth wheel requires a Class A CDL automatically.
Bzzt. In many states you can drive a tractor with a fifth wheel to
move cut trees, farm produce and other materials within 150 miles of
your farm and not have a CDL. You can have a Class A (not a Class A
CDL) and be totally legal. There are also exemptions for doing so out
side of one's state with a permit.
>Essentially the only thing that a private owned vehicle ** not in commercial
>service** does not require is the DOT materials, medical card, log book etc.
>Commercial size and type trucks not in actual commercial operations (eg.
>private only) technically can pass weigh stations but in reality if you look
Fi you're not subject to the FMCSA then you don't need a CDL unless
your state says you do.
>like a truck that should be stopping if you are in commercial service, they
>may/will send a chase car after you. Wont be happy after that. If you stop
>they will determine you are private/non-commercial and send you on your way,
>unless your truck looks like it may have safety problem. I just wanted to
>add to this thread which is very interesting to us. I have been in LE for
>30 years now and perform this enforcement in the state of MA. We also work
>in tandem with DOT feds in truck stops. Get the Class B CDL or Class A if
>you have a tractor. It is cheap insurance and demonstrates to LE officials
>you are a competent driver. Your civil defense counsel and insurance co
>will love you too after an accident. It puts a lot of civil attack to rest
>right away when you are litigated against. We hope it never will happen but
>it does sometimes.
It seems to me that if you get the CDL, you're going to be opening
additional regulatory can's of worms. An out of state Class A or B
should be valid if it's non commercial. MY state licenses me to drive
this kind of vehicle with this kind of license. Your state must honor
that based on the full faith and credit clause. Just like some states
have tiered Motorcycle licenses, out of state licenses that aren't
still must be honored.
-- -- ---------------------------------------------------------------- - Ryan Montieth Gill '01 Honda Insight - - rmgill@SPAmindspring.com '85 CB700S - - ryan.gill@SPAMturner.com '76 Chevy Monte Carlo - - www.mindspring.com/~rmgill '72 Honda CB750 - - '60 Daimler FV701H Mk2/3 - - '42 Daimler Scout Car Mk II - - I speak not for CNN, nor they for me - ---------------------------------------------------------------- - The director of Home Security encourages you to - - turn in your neighbor & spy on your friends. - ---------------------------------------------------------------- - C&R-FFL / Protect your electronic rights! \ EFF-ACLU - - SAF & NRA/ Join the EFF! http://www.eff.org/ \ DoD #0780 - ----------------------------------------------------------------
This archive was generated by hypermail 2.1.4 : Sat May 07 2005 - 20:20:31 PDT