From: Neil E. Amrhein (neil@compu-powr.com)
Date: Wed Jun 09 2004 - 12:26:11 PDT
John,
I have no weight fees on a personal vehicle. In fact, I'm not sure there is such a thing in MD. We do pay slightly higher registration fees as GVW's increase ( there are several weight breaks), but my registration does not say commercial.
I don't disagree that some states may want you to have a higher class of license to drive a truck with a higher GVW, I am merely questioning the CDL issue.
--Neil
----- Original Message -----
From: "John Souza" <John.Souza@ci.fresno.ca.us>
To: <neil@compu-powr.com>; <mil-veh@mil-veh.org>
Sent: Wednesday, June 09, 2004 3:16 PM
Subject: Re: [MV] 2.5 versuses 5 ton trucks - CDLs
> Neil,
>
> I am curious if you pay weight fees on your pickup? If you do then you are commercial. Look on your white slip that you carry in your glove box. At the top it should say commercial. At least in CA it does. Years ago, not that long, as I just turned 40, there as a commercial and non-commercial plates that you could get for a pickup. The commercial ones required you to pay weight fees just like the big trucks and trailers. If you weren't going to carry anything in a pickup except personal items, like camping equipment, groceries, etc. then you could get a non-commercial and not pay the weight fees. The problem was that everyone started to abuse the non-commercial so it wasremoved here in CA. Now all pickups pay weight fees on the GVW.
>
> Here in CA it clearly states that a vehicle with three or more axles requires a Class B and if you tow a trailer that has a GVW rated more than 10,000 you need a Class A. I know several farmers that have been sited for not having a Class A just becuase of the heavy trailer with a tractor on it that they were pulling.
>
> I don't think the DMV meant that recreation vehicles were trucks I think they meant "RVs", like motorhomes.
>
> John Souza
> MVPA #2697
> Fresno, CA
>
> >>> "Neil E. Amrhein" <neil@compu-powr.com> 6/9/04 11:17:38 AM >>>
> >
> > States may use a different definition.
> >
>
> My point was merely that everyone needs to do their homework and DO NOT BELIEVE A DMV EMPLOYEE'S WORDS!! Whether they mean to or not, they lie!!
>
> Ryan, a 3-minute (or so) web search showed me that Georgia does indeed re-define "Commercial Motor Vehicle" to be more generic as follows:
>
> "40-5-142...
> (7) 'Commercial motor vehicle' means a motor vehicle designed or used to transport passengers or property:
> (A) If the vehicle has a gross vehicle weight rating of 26,001 or more pounds or such lesser rating as determined by federal regulation;
> (B) If the vehicle is designed to transport 16 or more passengers, including the driver; or
> (C) If the vehicle is transporting hazardous materials and is required to be placarded in accordance with the Motor Carrier Safety Rules prescribed by the United States Department of Transportation, Title 49 C.F.R. Part 172, subpart F;
> provided, however, that for the purposes of this article, no agricultural vehicle, military vehicle operated by military personnel, recreational vehicle, or fire-fighting or emergency equipment vehicle shall be considered a commercial vehicle. As used in this paragraph, the term 'agricultural vehicle' means a farm vehicle which is controlled and operated by a farmer; used to transport agricultural products, farm machinery, or farm supplies to or from a farm; and operated within 150 miles of such personīs farm; which vehicle is not used in the operations of a common or contract carrier. Any other waiver by the Federal Highway Administration pursuant to Federal Law 49 C.F.R. Parts 383, 391, RIN 2125-AB 68, of the United States Department of Transportation shall supersede state law in authorizing the Department of Motor Vehicle Safety to exempt said classes.
> ..."
>
> I believe any lawyer would rip that to shreds. My wife's mini-van was designed to transport passengers and it's not considered a commercial vehicle. My pickup was designed to transport property, and it's not commercial. The last line makes me believe you could easily argue the state definition. The federal definition specifically says "...used in commerce...", and it supercedes the state law.
>
> Nevertheless, you should be able to argue that it is an RV, based on the following definition:
>
> "40-2-87...
> (24) 'Recreational vehicle' means as used in this article a vehicle used for personal pleasure or travel by an individual or his family.
> ..."
>
> How vague could they possibly get with that one? In any case, it never hurts to be well prepared to battle with the DMV of any state. They do not have a good customer service image to keep up, so they don't really care.
>
> --Neil
>
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