From: MV (MV@dc9.tzo.com)
Date: Sun Jan 01 2006 - 13:38:49 PST
Hi Mike,
All of this stuff gets quite confusing. I have a number of trucks and
trailers, some commercial, and some not and I will tell you my
perspective considering the laws in Indiana.
The big question is: Are you commercial??
The answer to that can be quite technical as TJ Smith said, but I think
it can be simplified for the most part to this.
Are you in business?
Is the truck or trailer registered to a business?
Are you hauling for someone else?
Are you hauling this stuff for compensation?
If you answer no to these questions - then you should appear as
non-commercial to anyone who pulls you over. That means that DOT
numbers/inspections should not apply to your rig.
The next question is whether or not you require a CDL since you rig is
pretty big.
If the total GVWR of the truck and trailer do not exceed 26,000 lbs you
should not require a CDL. I know this flying in the face of the actual
code but this seems to be the way it works here in Indiana and at least
the Midwest.
If the truck has a GVWR of 12K and the Trailer 14K, then you are at but
not exceeding a total 26K rating and you are ok. If your trailer has
26K lb plates on it and the truck has 14K lb plates on it, you probably
need a CDL to get by most cops and DOT guys if they pull you over.
The total 26K GVWR seems to be the magic number that triggers a must
have for a CDL.
I have a dual tandem trailer which I bought without a manufacturers tag
on it - so it has no specific GWVR rating on the trailer. However I
know that it has 2 - 10K lb axles and 12K lbs springs on each axle.
However it is plated for 16,000 lbs. Since there is no proof that the
trailer is rated for more than 16K lbs and the plates supposidly limit
me to loading it with no more than 16K lbs, it should scale at no more
than 16K lbs. My 1 ton truck - dual wheel has a GVWR of just less than
10K lbs. Together both units must be less than 26K lbs if I am not
overloading them. So a CDL should not be required to drive my rig.
Also, neither vehicle is registered under a company name so DOT
inspections/numbers should not be required as it is non-commercial.
If you are commercial then not much of the above applies. The DOT guys
target commercial vehicles, they are not pulling over farm wagons loaded
with hay or tractors in Indiana unless the violations are pretty
blatant. In fact the farmers around here get away with a lot. Big
diesel dually crew cab trucks with tandem dual gooseneck trailers marked
with "Joe's Farm and Beef" type logos on the side routinely drive by the
scale houses. I have never seen such a vehicle pulled over by the DOT
guys and they never have DOT numbers on their trucks. Farms are
considered non-commercial in Indiana and some day I will understand why
- as of now I do not.
However I have seen a lot of commercial guys with 5th wheel goosenecks
and duallies on the side of the road with the DOT guys. Put the
business logo on the side - like "Joe's Landscaping" and you might was
well paint a big target on the side of the truck.
I think you said before that you removed a 3rd axle from your trailer?
I would not have done that. If those are 5000 lbs axles, then that is
only 15,000 lbs. Likewise you could have two 8,000 lbs single wheel
axles and been at 16,000 lbs. So in my mind the tandem versus triple
axle thing really should not matter much.
In the end, if you do get pulled over by someone for something, I think
you have to consider what is the worst thing that could happen? A
ticket? A warning? If you are commercial, they can put you out of
service, which can be a real pain in the arse. Other than that, it is
pretty much tickets.
Good Luck,
Dave
Michael Howell wrote:
> Since I started this, I thought I would post a summery of what I learned.
>
> There has been a change, not in the law, but in the rules. Now vehicles
> involved in commerce can be put out of service for a lot more things
> than they used to as of just last year to including not having a log
> book. This includes anything were the truck OR trailer has a GVW of
> over 10000 pounds for interstate commerce. This has nothing to do with
> a CDL. Since the trailer I use to go to shows has a GVW of 7000 I just
> need to be sure I don't buy a new pickup over 10000 and I don't have to
> worry about it for now.
>
> If you do cross the weight line and get pulled over, it will be left up
> to the officer to interview you and decide if HE thinks you are in
> commerce. Since I couldn't convince half of you that I am not, I will
> just stay under the 10000 weight line. I still contend that the bar is
> steadily being lowered, if not in the law itself, then in the rules and
> enforcement of the existing law. I was told directly by a MS DOT
> officer 5 years ago that they weren't interested in anything except 18
> wheelers. Now they are watching a lot of other things. Other states
> are a lot stricter than MS. I learned more this time than in the
> previous times this has been discussed, but I am afraid this will have
> to be thrashed out again in the future as things evolve.
>
> TJ, if you see any glaring errors please correct them.
>
> Mike
> Tishomingo, Mississippi
>
>
> ===Mil-Veh is a member-supported mailing list===
> To unsubscribe, send e-mail to <mil-veh-off@mil-veh.org>
> To reach a human, contact <ackyle@gmail.com>
> Visit the searchable archives at http://www.mil-veh.org/archives/
>
This archive was generated by hypermail 2.1.4 : Tue Jul 18 2006 - 21:39:00 PDT