From: MV (MV@dc9.tzo.com)
Date: Sun Jun 05 2005 - 09:53:53 PDT
Tim,
I appreciate you answering questions:
One of the problems I see with owning a CMV and trying to operate it and
not go bankrupt is that there are laws and then their are laws that
are enforced. While it would be best to be 100% legal, if the laws
aren't being enforced anyway, I'm not sure it aways makes sense to try
and be 100% legal. For instance, in Indiana if you drive a farm tractor
on the road, you are suppose to have it registered, but no one does.
Also, if you haul an oversize load you are suppose to have an oversize
permit - but that is widely ignored in rural Indiana also at least when
not on the interstate highways. The speed limit is 55, but no one drives
55, etc.
So the question comes down to what do I need to do to get by and be as
legal as I need to be to operate. When I got the warning for not having
a CDL, I was not surpised. I knew I was running the legal edge. I got
by with a warning on that one. But she let me go on that one. But when
I got the IFTA citation I was surprised. I was further surprised when I
called the state DOR and asked them what I needed to be 100% legal with
my rig and drive interstate.
84 GMC flatbed - 28,000 GVWR rating - 26K plates
76 gooseneck flatbed trailer - no rating plate on trailer - 16K plates
She told me that I needed to have permits to go into any other states
other than Indiana. Or I have to have apportioned plates (read big
buck$) I'm 8 miles from Ohio and 45 miles from Michigan, so the chances
of me going into those states is pretty high. When I drive around this
part of Indiana I see lots of triaxle dumps with Indiana plates that
regularly cross state lines? They have IFTA stickers but that's all. I
doubt that they are getting permits for going into Ohio everyday. So
apparently they are just running around interstate and taking their
chances???
Also, I see loads of dually trucks with 40 ft goosenecks running around
without apportioned plates running interstate. They typically have DOT
numbers on the side and are obviously commercial. I can't believe that
they are getting permits for each trip, or are they??
I had a guy pickup the trailer I now own in Iowa and transport it back
to Indiana for me since my truck was down at the time. I'm sure he did
not get a permit to run through Iowa and Illinois, even though it was
apparently required legally.
My question: Is it just my perception or is there widescale disregard
for the IRP rules regarding permits.
When are permits actually checked? Only at weigh scales and when pulled
over right? I don't believe there is a sticker that goes on your door
for a 3 day trip permit - so you would have to be pulled over to be
checked for it right?
Until I found out about IFTA from the Indiana DOR via the ticket - I
thought that the fuel tax stuff was only for 80,000 lb GCWR rigs, not
dually's and two ton trucks pulling goosenecks.
It seems to me that at least in Indiana the CMV cops and perhaps the DOT
inspectors (are they the same?) have two or three edicts:
1. Make sure CMVs are operated by properly licensed drivers (that
doesn't necessarily mean they are any good IMO).
2. Make sure the CMVs are roadworthy.
3. Make sure all taxes are being properly collected.
Is this how you see your role also, or is it different in Texas?
My perception is that the legalities regarding CDL, Overweight,
Oversize, permits ect. are widely disregarded by a large percentage of
the people driving trucks at least in Indiana and Ohio. In fact I
suspect that perhaps a majority of the trucks moved in rural Indiana are
no doing it in a 100% legal fashion.
Thanks,
Dave
timothy.smith1@att.net wrote:
> Lads,
>
> It's late and I want to go home....I've been answering your mails from my DOT pickup. So for tonight, a final bit of information.
>
> There is a trick to all of this and it is this. There are applicable state laws and applicable federal laws. Do not confuse the two or play both ends against the middle.
>
> Also, as a rule, your state will likely have laws regarding driver's license, insurance, inspection, registration and equipment. Rarely do these laws intersect in any way. So when a question comes up and you want to research it, remember to define what the nature of the question is and go to that section of law. This will help you avoid a LOT of confusion and frustration.
>
> Will try to answer more questions as time permits and if anyone on the list wants me to respond exclusively off the list and out of this forum I'm ok with that...but I was posting responses back to the list so as to avoid answering the same question from more than one person over and over again.
>
> Regards,
> TJ
>
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