From: Ryan Gill (rmgill@mindspring.com)
Date: Tue Dec 13 2005 - 10:59:29 PST
At 10:54 AM -0600 12/13/05, Michael Howell wrote:
>>
>Maybe, but it doesn't make any difference what you think the law says or what the writer of the law meant for it to mean. All that matters is what the enforcers of the law think it means and later what the courts say it means.
Intent of the legislators is taken into account in court cases. Further, when the head of the FMCSA enforcement division reads "in commerce" as part of the requirements when it's part of the requirements, I'd hope that the Federal DOT guys on the roads would bear that in mind.
Further, the FMCSA's own regulatory guidance specifically excludes vehicles not used in furtherance of a business from the basic CDL requirements. Now, states can be more strict, but the feds don't require it.
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