From: Ryan Gill (rmgill@mindspring.com)
Date: Sun Nov 14 2004 - 20:44:11 PST
At 10:02 PM -0500 11/14/04, GOTaM35 wrote:
>
>They don't need a new law regarding military vehicles, they have laws
>regarding vehicles based on size. You can overload your pickup and get
>fined for that. You can bet if they catch enough of us blowing by the
>weight station in 3 axle military trucks we will get noticed. For what it
>is worth, I do plan my trips around avoiding weigh stations.
Certain states need new laws that clarifies what
is and is not a "commercial motor vehicle". I
pull up to a weigh station, the DOT dude says I
need a CDL. I say I don't. The FMCSR
Clarifications agree with me. The Georgia laws
however are less clear because they define CMV's
by weight and configuration and then state that
Miltiary Trucks in use by the military, Emergency
vehicles and Recreational Vehicles are not
considered CMVs.
Talk to a lawyer and he agrees. Talk to a DOT cop
or the DMVS and they take a narrow definition. I
have several letters from the DMVS that describe
RVs as vehicles with sleeping accommodations
(like a sleeper cab???!) vehicles with toilets
(Not all campers have a toilet) and a number of
other details that are not defined by Georgia
law. "Recreational Vehicle" is not defined by
Gerogia Law anywhere in the code sections that
cover CMVs. The law that assigns license
categories merely describe what people know to be
RV's but doesn't give them a definitive term. So,
under one sense, my 5 Ton is a recreational
vehicle if taken under the sense of what I'm
using it for.
Further, if you look at what is used to describe
a CMV, it's all based on use, not on
configuration.
Used to transport your family, over 26,000lbs GVW, NOT commercial.
Used to transport people for hire, over 26,000lbs GVW, Commercial
Used to transport your own stuff, over 13 tons,
NOT commercial (unless you're in some states)
Used to transport stuff for your business or for hire, over 13 tons Commercial.
The best way to look at the RV Commercial thing
is think of a Motor Coach used for moving a band
by a for hire driver. That's commercial,
regardless of the presence of a toilets and bed
because it's for a business venture.
What's the difference between me in a 5 ton truck
towing a trailer with a WWII vehicle to an event
and a person in a 40,000 GVW RV towing a boat?
Nothing. The fact is, the law in Georgia doesn't
make provision for vehicle collectors and has a
gray area insofar as what defines a "recreational
vehicle".
Now, all this is moot with regards to Bjorn if he
reports his business income as such. (FMCSA regs
and FAQ). Since he's crossing state lines with a
product for a customer, he's got less room to
wiggle.
--
--
Ryan Gill rmgill@SPAMmindspring.com
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'60 Daimler Ferret '42 Daimler Dingo '42 Humber MkIV (1/3)
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