Hey gang - odd question perhaps but here it goes. I am a non commercial driver. I drive a show truck with no trailer, no dot, no business, no sponsorship, no commerce.
The rules regarding whether or not I even need to keep a log book are fuzzy. But I do it anyway just in case, and to appease the officers by showing them I am trying my best to be safe. My question is regarding the logs themselves.
As a non commercial driver of a "big rig" that is designed for commercial use (even though I am not using it commercially), am I subject to the hourly restrictions that a commercial driver has? If I researched it right, you can't be behind the wheel for more than 11 hours in a 24 hour period. Correct?
Does that hourly limitation apply to me? Or given my use of the truck (personal only), if I decided I want to drive 24 hours straight with no sleep, is that going to pose a problem with DOT stops?
Do I need to follow hourly restrictions if non commercial?
Discussion in 'Questions From New Drivers' started by JoeF2002, Oct 24, 2016.
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Please don't take my comments the bad way. You would do better to address these kind of questions to your local FMCSA local office. This way you have a written signed letter to show an enforcement officer if needed. I could be in error but I do not believe the HOS apply.
Tonythetruckerdude, rearview, brian991219 and 1 other person Thank this. -
Its not 11 hours driving in a 24 hr period. Its a 11/14/10 thing. You have 14 hrs,once you start you clock, to drive 11 hours. Then you have to take a 10 hour break befor driving again. And you have to take a 30 minute break before 8 hours are up. Imo and i'm not law enforcement, if you gonna run a log book you bettèr know the rules and follow it. I'll come out on a limb and say you have to follow the rules since you have a cdl. Or i sure hope you do.
JoeF2002 Thanks this. -
Actually needing a CDL or not matters. I know PA was weird in registering the truck. Did you have to get a CDL? If not it's very clear you should not be logging as per 395.1
As per http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&ty=HTML&h=L&mc=true&=PART&n=pt49.5.395
"(2) Operators of property-carrying commercial motor vehicles not requiring a commercial driver's license. Except as provided in this paragraph, a driver is exempt from the requirements of §§395.3(a)(2), 395.8, and 395.11 and ineligible to use the provisions of §395.1(e)(1), (g), and (o) if:"
So actually logging could be worse than not logging.JoeF2002 Thanks this. -
There is a FMCSA regulation that speaks to his situation and right now I am just too lazy to search for it. Basically it means if the vehicle no matter the GVRW is not used as a commercial vehicle it is exempt from most of the rules. It is much like an RV. This is why my advice was to contact the FMCSA and get their guidance. I am not a big fan of said rule because it allows drivers with little or no experience to drive vehicles that are very large and/or heavy. It is just how I am.
Tonythetruckerdude and JoeF2002 Thank this. -
Simple answer is no. You are in a non commercial vehicle. That is what you may need to prove, but the FMCSA is a branch of the Federal Govt set up to regulate the Commercial Motor Carriers.
The key word is commercial. Article III Section 8 I believe it is, of the Constitution gives Congress the right to regulate Commerce between the States. CMV's by their very definition are engaged and thus subject to Regulation.
Private vehicles are personal property and covered by the 4th Amendment which provides us the right to be secure in our Persons, Houses, Papers and Effects.
That's the legal end of it, that said, you probably should carry whatever documentation you have from PA showing it is a non commercial vehicle.JoeF2002 Thanks this. -
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Short answer Joe, no. It doesn't matter what your truck started life as it is not a commercial vehicle at this point so it is not regulated as such.
PS, Still waiting on the official word from the tax office we spoke about two weeks ago, I will let you know when it comes in.JoeF2002 Thanks this. -
Thanks guys. I do everything I can to make sure I am safe, and I have a bunch of paperwork showing how it's not commercial. I do have a cdl and do plan on contacting the local office today. Thanks again
brian991219 and MJ1657 Thank this.
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