From: timothy.smith1@att.net
Date: Mon Dec 26 2005 - 10:17:53 PST
The wiggle room is in the law and the Feds Agree that USE
> and not Equipement makes a vehicle Commercial or
> not.
NOnononononononoooo000000000000000000! NO!!!!!!!!!!!!! ARRRRRRRRRGH! Yer
KILLIN me! I wanna tear my HAIR OUT!
*sigh* HERE is the place where a lot of folks are going astray and I'm going
to address it. Pay attention guys and your world will be a much happier place.
For purposes of discussing CDL, and ONLY CDL....
Let's start with the FMCSRs. Since 383 (CDL section) is a section of the FMCSRs
that sets
forth Federal CDL standards -and- since FMCSRs ONLY apply to vehicles in
interstate commerce (which describes WHAT a driver is DOING with the vehicle),
one might automatically assume that your statement above is correct.
HOWEVER...(Those of you with ADD kindly remember we are still on the topic of
CDL) What you so wrongly characterize as the fed's agreeing that 'use' (and
that implies interstate commerce) is an important factor in the issuance of a
CDL (referencing part 383) I say is ONLY a reference to the applicability of
FMCSRs in that section. In short, the statement of applicability is a message
to me, as a DOT guy, telling me who I can hold accountable to the FMCSRs or to
companies who are contemplating interstate commerce, telling them what the
various rules are.
I can prove I am correct in one sentence. THE FEDS DON'T ISSUE CDLs!
The continued presence of 383 in the FMCSR's is only for me to be able to take
enforcement action. (That's an overly broad statement but fairly accurate) So
for all other practical purposes, we could put federal CDL standards in with the
law setting federal standards for triple-ply toilet paper and it wouldn't make
much of a difference to anyone because most states kept their OWN set of CDL
laws & rules!
The feds only set minimum standards and, as we all learned in our high school
government classes, the states must meet the minimum standards OR they can be
more restrictive. So, as we find (by using Texas driver's license law as an
example) here in my AO, a guy might be required to have a CDL regardless of WHAT
he is doing with the vehicle. And in fact, Texas has gone so far as to say that
they will only take into consideration WHAT you are doing when you are trolling
for a CDL EXEMPTION! So, it's an either-or circumstance. Either your state
adopts the federal standard as their own state standard, or they have their own,
more restrictive standard. I don't see ANY wiggle room at all.
TJ
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