Just got fined a whopping $5600, need a good lawyer

NO, what's bad is, he's stopped once, then continues to operate without fixing the problem. That's all on him.

 

Agreed. But $5600 is outrageous

 

It has nothing to do with what weight you register the trailer or truck is, it all has to do with the sticker from the manufacturer. If you remove it, you may end up being fined more, if you argue with them, then you deserve being fined.

The problem with the op's issue is that in order to be an under cdl setup, he needs to have an under 26k vehicle and an under 10k trailer, once he hit that threshold, he is in cdl territory.

 

Got a link to the federal law on a 10k trailer needing a cdl?

 

It's not the 10K trailer that's the problem, it's the weight rating of the pickup + the trailer rating.

 

Well you and I know that. But some members continue to post inaccurate information, Its fun to send them looking for a regulation that doesn't exist.

 

Same problem here. I had a conversation with DOT and was told (couple years ago) that my combo would be fine as long as I didn't load over 26K.

Got stopped at DOT checkpoint, and the trooper did everything except a body cavity search. After about 15 minutes of sitting in his car, he came back with a verdict. No fire extinguisher (left it in my other truck, ######), license plate light on trailer burned out, and I need a cdl to run this combo. (15K truck, 14K trailer).

I explained why I run the way I do. He said that the rules are different now, and I can't pull the trailer. Heh. At the time I had about $80K worth of metals on it. Had to call a friend with a Class A and have him do the rest of the trip. Thank goodness he was available.

Trooper gave me a warning, no citations, and said I can drive the truck - just no trailer till I get cdl. He's in my prayers now.

Did the written test and got the permit right away. What really sucks is the earliest I can schedule the cdl road test is July 15th, so unless I can find small loads it's gonna be lean times for a month or so.

Donations welcome. (lol)

 

Regarding the OP. The CDL requirement is VERY CLEARLY STATED. If you drive a combination vehicle. Ie: truck/trailer with a gross COMBINATION Weight Rating or Actual Gross Weight of 26,001 or more. WITH a trailer with a GVWR or actual weight of 10,001 lbs or more a CDL A is required. Florida includes Registered weight to their requirement where Michigan does not

http://www.dmvflorida.org/commercial-license.shtml

https://www.michigan.gov/sos/0,4670,7-127-1627_8669_53324-213067--,00.html

If he was placed Out-Of-Service and then continued to drive, well that is not the Officer being a #####, that is her doing her job, and the driver blatantly disregarding an OOS Order and sticking it in the officers face. That is asking for trouble. Personally, I probably would have impounded the combination on the spot and Arrested the driver. He got off easy with just more tickets. Most Judges will not have a sense of humor when they are told the story of ignoring the order. Best chance is lawyer can cut a deal with the Prosecutor. NEVER BELIEVE what a dealer says about a license. Look it up in the law yourself. Google is a great tool. Use it. Compliance is far less expensive.

I understand people's frustrations with Law Enforcement because no one likes to get a ticket. But rules are there if you break the rule and get caught its on you not the person that caught you. I always loved it when some smart ### asked me why I wasn't out catching a real criminal. I told them I work Traffic Enforcement. You ARE my criminal .

Now I'm Retired mostly and drive. I have been stopped by the CMV officers, but was in compliance and no problems. Drivers have a job to do just as officers do.

 

Good solid points. Many of us ARE in compliance, but the companies we work for are not. It comes down to money on both ends, a) companies won't pay drivers for doing the work to get equipment in compliance, and b) states see cdl a drivers as a cash grab when all we are doing is trying to make a living. The guy who got fined $5600 has been violated of his 8th amendment rights.

 

Pulled out of service once and warned. Ignores it and does it again. 8th amendment violation?? Really?

While I don't like being targeted by law enforcement any more than any truck driver. I hear stories like this and it gives all of us a bad name and makes law enforcement want to target us even more.

This guy could be in handcuffs if they wanted him to be. I highly doubt any judge will be sympathetic to this guy, after he was pulled out of service the first time and ignored it. Try that 8th amendment argument in court and you'll get laughed at if not tossed in jail.

I had to pay thousands of dollars to get my CDL as did most of you I'm sure. Not doing your hone work on the rules is one thing, ignoring an OOS is a whole different thing. Pony up the $ and get your CDL like the rest of us.

I've been driving for 17 years and have not once gotten a violation or OOS, and yes I've been talked down to by the Butch that hates herself and takes it out on me. But I don't let it get to me , just happy my life is better than theirs.