From: Ryan Gill (rmgill@mindspring.com)
Date: Mon Dec 26 2005 - 08:28:57 PST
At 3:38 PM +0000 12/26/05, timothy.smith1@att.net wrote:
>
>
>Administrative codes are written primarily by
>the folks tasked with implementing these laws.
>whole The ability to do this is granted and
>required by the legislature, who eventually
>rubber-stamps these administrative codes after
>satisfactory review. The legislature does this
>because they realize
Except to my knowledge the Administrative codes
for Georgia and Vehicle classes is copied word
for word from the Title 40 laws that I'm citing.
No-one ever cited any administrative codes to me
in my discussions as proof of their point. They
only pointed to state law.
>For thise of you who excell in creative writing,
>what you CANNOT do (no matter how hopeful you
>are) is seek out a definition that suits your
>interests that is outside the section and apply
>it to sections of law where it does not belong.
>So, taking a definition for RV from a section of
>law dealing with watercraft and applying it to
>the section of law dealing with driver's
>licensing just won't fly.
I asked the DMVS what I needed to drive my 5 ton
before I bought it, they said it was recreational
but that since it didn't have a bed and all that,
I'd need non-commercial class B. Then the
departments were re-organized and the new
administration changed their tune. The wiggle
room is in the law and the Feds Agree that USE
and not Equipement makes a vehicle Commercial or
not.
>As I wrote to another member of the list
>earlier, exemptions for RVs originate from
>lobbying by the RV industry so they can sell
>bigger, better RVs to every Tom, Dick & Harry
>with the dough to buy one.
It's also because a lot of folks that drive RVs
aren't going to be expected to keep up with the
requirements for a Commercial (heavier regulatory
requirements) drivers license. More regulation is
not better and some politicians realize this
still.
In the case of Georgia it's not a definitions.
Just a phrase. And it allows me to drive a 45,000
lb motor home through any state in the union with
out any special license ie a normal class C
because Texas has to recognize Georgia's licenses
(Full Faith and Credit Clause).
"Class C: Any single vehicle with a gross vehicle
weight rating not in excess of 26,000 pounds, any
such vehicle towing a vehicle with a gross
vehicle weight rating not in excess of 10,000
pounds, any such vehicle towing a vehicle with a
gross vehicle weight rating in excess of 10,000
pounds, provided that the combination of vehicles
has a gross vehicle weight rating not in excess
of 26,000 pounds, and any self-propelled or towed
vehicle that is equipped to serve as temporary
living quarters for recreational, camping, or
travel purposes and is used solely as a family or
personal conveyance"
My contention was never that a 5 Ton (44,000 gvw)
should be driven with a class C, but that a 5 Ton
was a 'Recreational Vehicle' as exempted in the
Commercial Drivers license code and thus required
a Class B non-commercial. The above code, would
legally allow a HET towing a large custom camper
to be driven on a Class C license. Not ideal.
Personally, I believe that Ga should require
Class A and B non-commcercial licenses for the
bigger campers and motorhomes.
Point of all this is that the state laws are
still a bit fuzzy and depending on the regulatory
body, they may interpret it oddly.
--
--
Ryan Gill rmgill@SPAMmindspring.com
----------------------------------------------------------
| | | -==----
| O--=- | | /_8[*]°_\
|_/|o|_\_| | _________ | /_[===]_\
/ 00DA61 \ |/---------\| __/ \---
_w/|=_[__]_= \w_ // [_] o[]\\ _oO_\ /_O|_
|: O(4) == O :| _Oo\=======/_O_ |____\ /____|
|---\________/---| [__O_______W__] |x||_\ /_||x|
|s|\ /|s| |s|/BSV 575\|s| |x|-\| |/-|x|
|s|=\______/=|s| |s|=|_____|=|s| |x|--|_____|--|x|
|s| |s| |s| |s| |x| |x|
'60 Daimler Ferret '42 Daimler Dingo '42 Humber MkIV (1/3)
----------------------------------------------------------
This archive was generated by hypermail 2.1.4 : Tue Jul 18 2006 - 21:37:22 PDT