We are a small OEM and Distributor in the State of NJ that has been in business for just over 3 years. We have 2 cargo vans and 2 pickups that we use for deliveries usually within the state or within 2 hours of our location. Could go into NY, CT, PA, MA etc. All vehicles we own are under 10,000 lbs and we do not haul Hazmat so we did not register for any kind of a DOT number and do not do log books etc.
On occasion we have big service jobs where we have to haul equipment and product to be installed. For these we do a daily rental as needed of a box truck. Size depends on what we need, nothing too big as we do not have anybody with a CDL. Usually a 20-24ft box truck with liftgate from Hertz. These jobs are usually out of state and involve getting the truck, loading it, driving to the job site, the driver is always on of the technicians and always has somebody else with him so they unload, install and service and drive back. Sometimes this is done in the same day. Sometimes depending on the distance and length of time needed to do the service they could stay overnight at a hotel.
My guy got pulled over at a weighstation in CT last week. He was 130 lbs overweight. He was fined over $1900.00. Fines were for not having a DOT number, not having a log book, not having a medical card, not doing a pre inspection, having a light out, non secured fire extinguisher and although we were "only" 130 lbs over the biggest fine was for being overweight on one axle. That fine alone was over $1600.00.
So confused about all of this as we really have no experience with any of this so I need some guidance. Do we need to register for a DOT number and adhere to general driver regulations for a 10,001+lb vehicle we leased just for that job? Our primary day to day business involves cargo vans and pick up trucks. When we do have need for a bigger truck it's rarely the same vehicle and it's on a day by day as needed basis. Example we could rent a 24ft truck on Monday and return it same day and not need to rent a truck till the following Friday and it could be a 20ft truck we need.
Do I have to have a DOT? DO I have to have my driver or even my outside salesmen that do their own deliveries also in cargo vans maintain daily log books just so they're covered if they drive the leased truck and get pulled over? Seems crazy to keep a daily log book even if for 29 days they are driving a cargo van and 1-2 days they may drive a leased truck?
So confused so any help is greatly appreciated. Thanks!
Questions about when DOT #'s/Log Books are needed etc
Discussion in 'Trucking Industry Regulations' started by ABSI, Jul 3, 2014.
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What was the gross vehicle weight rating of the vehicle that was ticketed?
Nobody in the FMCSA cares if you only engage in interstate commerce once in a while or on an as needed basis. That means you need to comply on an as needed basis I guess. -
He was driving a 2005 Hino 268 with a GWV 25,950 lbs.
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So your driver was driving a commercial motor vehicle and engaged in interstate transportation. He was thus subject to all the neat rules that complicate the transportation industry. Medical card, drug testing, HOS, DOT #s, maybe mc authority, probably to light for 2290, UCR, and a big heap of other stuff. There are specific rules concerning how you lease for individual trips and are compliant. Start reading up on things at the FMCSA site, and you should probably also call your state FMCSA people and get pointed in the right direction. All states have a compliance line that at least here in VT is courteous and helpful. I would also recommend joining OOIDA and utilizing their services for getting set up and running properly.
If your driver is only going to fall under the regs intermittently, then there is a form he can use to sign off on the previous 7 days. You will find it in here along with all the other forms you need to make them happy: ETA - A Motor Carrier's Guide to Improving Highway Safety - Federal Motor Carrier Safety Administration -
Hey ABSI,
I was wondering if you were able to get any clarity on what you need to do when you're only renting these trucks intermittently. We are an IT liquidator and will occasionally rent a truck to remove the equipment ourselves. We only rent occasionally and have encountered the same problem at a weigh station in Maryland. I was 1100 lbs overweight with no medical card/log book/DOT#. Trying to find where "carriers" like us fit in this has been very difficult to understand. I've been going through the documentation on FMCSA, and I'm having trouble. Can you shed any light on our situation? are you still just doing pick ups and crossing your fingers?
any insight you may have would be greatly appreciated.
Thank you! -
and a CDL needed over 26,000? with air brakes?
its sad that the DOT man was so mis-understanding, sounds like he would have understood your situation, but...........the law is the law (i guess) -
This leads me to believe we are exempt from DOT#s this is From Title 49 of the Code of Federal Regulations S390.21:
(e)
Rented CMVs.
A motor carrier op-
erating a self-propelled CMV under a
rental agreement having a term not in
excess of 30 calendar days meets the re-
quirements of this section if:
(1) The CMV is marked in accordance
with the provisions of paragraphs (b)
through (d) of this section; or
(2) The CMV is marked as set forth in
paragraph (e)(2)(i) through (iv) of this
section:
(i) The legal name or a single trade
name of the lessor is displayed in ac-
cordance with paragraphs (c) and (d) of
this section.
(ii) The lessors identification num-
ber preceded by the letters USDOT is
displayed in accordance with para-
graphs (c) and (d) of this section; and
(iii) The rental agreement entered
into by the lessor and the renting
motor carrier conspicuously contains
the following information:
(A) The name and complete physical
address of the principal place of busi-
ness of the renting motor carrier;
(B) The identification number issued
the renting motor carrier by the
FMCSA, preceded by the letters
USDOT, if the motor carrier has
been issued such a number. In lieu of
the identification number required in
this paragraph, the following may be
shown in the rental agreement:
(
1
) Information which indicates
whether the motor carrier is engaged
in interstate or intrastate com-
merce; and
(
2
) Information which indicates
whether the renting motor carrier is
transporting hazardous materials in
the rented CMV;
(C) The sentence: This lessor co-
operates with all Federal, State, and
local law enforcement officials nation-
wide to provide the identity of cus-
tomers who operate this rental CMV;
and
(iv) The rental agreement entered
into by the lessor and the renting
motor carrier is carried on the rental
CMV during the full term of the rental
agreement. See the leasing regulations
at 49 CFR 376 for information that
should be included in all leasing docu-
ments.
.....this is interesting I'm gonna talk to an FMCSA agent about this
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I think when you operating CMV for profit with GW 10.001+ then all USDOT regulations applies as well as a weight station stops
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For profit means nothing in the regs. It's commercial or not.
Usdot regs typically only matter over state line (but not always)
Weigh stations are on a per state on if you need to go in or not depending on cmv status and/or weight.
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