From: Ryan Gill (rmgill@mindspring.com)
Date: Sun Jun 05 2005 - 16:09:14 PDT
At 7:27 PM +0000 6/5/05, timothy.smith1@att.net wrote:
>You know better than I how things work in your
>neck of the woods. Using Texas law and the
>26,001 GCVWR threshold, I could describe a
>number of combinations for you where (as you've
>described above) a class C vehicle pulling a
>12,000 pounder would NOT require a Class A CDL.
>Are we comparing apples and oranges or apples
>and apples? In other words, do you want me to
>cover 383 for everyone?
>
Well, Georgia's an exception, but I suspect that
the FMCSA will be having a chat with them about
updating the law to more correctly reflect
federal requirements.
Isn' the 383 applicability specific to " every
person who operates a commercial motor vehicle
(CMV) in interstate, foreign, or intrastate
commerce, to all employers of such persons, and
to all States."
Thus if you're not in Interstate or Intrastate
commerce (or foreign up to Canada/Mexico) then
you're not covered by 383.
>An RV is a vehicle specifically designed for
>overnight accomodations, including, but not
>limited to all the things you would find in a
>sleeper such as an adequate place for sleeping
>PLUS indoor plumbing, toilet, etc...in short,
>everything you'd find in a standard RV..
Yep. The problem with Georgia's DMVS's current
interpretation, it's the presence of the
toilet/bed/etc that makes it an RV, but they zig
zag over and say if it's got a Fifth wheel or
cargo space or some such for commercial
applicability. In short they try to get too
complicated for the regulations as the stand
federally and even for the state.
Next session, I'll be pushing my Senator to
resubmit my two bills plus a third for Classic
Vehicle Titles if the owner wants to pay for one.
>Trucks with the big "executive sleepers" COULD
>qualify as an RV if they had the plumbing,
>toilet facilities. However, keep in mind that
>we are ONLY talking about who needs or doesn't
>need a CDL. We have not yet touched on who is
>subject to inspection (DOT equipment regs)
>because obviously certain "RV" type vehicles
>could be used for commercial purposes.
Yep, but it's the use, not the equipment that is
the final determination is it not? That's what
the Feds told me after several conversations
trying to figure out how Georgia was complying
with the FMCSRs.
Case in point the CNN Tour bus (one of those
humongus Motorcoaches) that the state said wasn't
commercial because it's an "RV". Not according to
the feds I've talked to. 1. Advertisements/logos
on the side and 2, used for commerce, ie news
gathering.
>Frankly, I don't understand why everyone is
>freaking out about CDL's. They're pretty easy
>to get. Take a look around at some of the guys
>you see behind the wheels of some of these
>trucks. Some truck driver's aren't exactly what
>you'd call rocket scientists.
It's the extra cost and the potential for another
state to say that I'm commercial but not running
with all the other requirements for CDL use (DOT
numbers, IFTA, IRP, etc). I've got my Georgia
Non-commercial Class A so as me and my lawyer see
it, I'm covered by state law. If I get stopped
and ticketed between now and my bills getting
passed, I'll be arguing that the state has
incorrectly interpreted the laws as written (why
have a non commercial class A and B for everyone
if only for farmers? And my point on use not
equipment vis a vis the federal requirements).
I'd be further out on a limb if the state hadn't
given us the wrong interpretation of the Rules
with our CNN "RV". As it is, I figure they DMVS
has hoisted itself on it's own petard with that
interpretation.
--
--
Ryan Gill rmgill@SPAMmindspring.com
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I speak not for CNN, nor they for me.
But I do work there and still like the company.
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'60 Daimler Ferret '42 Daimler Dingo '42 Humber MkIV (1/2)
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