As I've detailed before, I own a truck that is not used for commercial freight. I do not haul loads (the one exception may be moving my OWN possessions; I'm contemplating purchasing a trailer for that purpose for a one-time move), I do not get paid or compensated in any way for driving the truck, and I pay all operational expenses on the truck (fuel, registration etc) out of my own pocket, as a private individual. In short, I am not a motor carrier.
I do pull into scales, mostly because I have no doubt a DOT officer will be flagging me down post haste should I try to bypass one. Usually, they waive me through, but every so often I have to pull around back and explain why I don't have a USDOT number on my door, an IFTA sticker, etc.
As best I can tell from examining both state and federal laws, the answer is that I am not required to. As I do not fall under federal jurisdiction (not engaging in interstate commerce), I'm unable to see where I even need a log book -- although I fill one out to avoid being hassled. I am less willing to get operating authority or IFTA membership because there are substantial costs and paperwork burden involved in doing so.
However, many scalemasters seem to not comprehend that a big truck can be used for non-commercial purposes. No offense to those LEOs who do try to improve safety on our highways, but trying to reason with these people can be like talking to a brick wall. In spite of this, I always remain polite and courteous, but refuse to admit wrongdoing.
So far, I've been able to explain the situation with occasional reference to state or federal regulations to prove my point, but I am becoming increasingly worried that at some point, I will be fined or even arrested even though I have done nothing wrong. Should that happen, I will suffer significant inconvenience and expense with no ability whatsoever to recover the cost of defending myself in court. So I'm trying to see what I can do to avoid that situation happening.
To those of you who are law enforcement officers, what would you do in this situation? If the roles were reversed, what would you say to the LEO?
Also, those who do believe there are requirements I am failing to fulfill, please cite which requirement and cite the law that makes them apply to my situation.
LEOs: Best way to explain I'm not a motor carrier?
Discussion in 'Trucking Industry Regulations' started by txviking, Oct 1, 2009.
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I believe you may be in error here.
IFTA is for commercial activity or business operations, not for personal use. -
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Tell me, who runs up and down the road always moving their personal items in a tractor trailer. I could see if your relocating, but from the sounds of it, this "hobby" seems to be quite frequent.
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As far as this scenario, I am in agreement with you as far as the driving of personal items. I doubt it is a hobby. I see many of these that makes one wonder. -
I always get the boat haulers and the enclosed car haulers who claim it their "friends" boat or cars and they are doing a favor. They are not commercial. When it is all said and done, the same thing rings true. They are liars who are trying to manipulate the system. Undercut the rates of the legitimate haulers and basically do whatever the h^ll they want to. It brings me great joy to watch these clowns on the side of the highway stumbling and fumbling all over theirselves trying to lie their way out. It's almost a game to me to see how much fun I can have with them. Takes me back to my criminal investigator days dealing with the scum of the earth. I've had quite a few of these recently and in the end the truth comes out, the "favor" is proven to be commerical. At least with cars and boats the VIN numbers or hull numbers provide who the owner is and a little investigation is all that is needed to prove it. Hauling "personal items" probably be hard to prove unless you trailed the vehicle and use the power of observation on where the stuff is "relocated'. I know that is time consuming and could present jurisdictional problems, however if he is "relocating" in my State, I'll follow him all day to see what he is up to. With fuel cost and operational cost, no one in their right mind just rides up and down the road as a "hobby" with personal items to relocate. Or no one has so much personal items they tote it around and move it from one place to another. And I don't know any law enforcement officer who will ever believe that story. May be time consuming to follow and document but their is some that would be willing.
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I was in Checotah, OK at the Flying J. A motorhome came in with an enclosed car trailer. We asked what was in it and he said he was hauling cars to deliver. The trailer and the motorhome was clearly marked "Private, Not for Hire."
He said he was running very hard and could not keep up with the freight.
No log book, medical card, signs or authority. Just a happy camper.
I am always glad when they are caught.
I see camper haulers that have no signs running around pulling trailers. I know they are just happy campers as well. -
Very true Medic. Had one the other night blow the scale. F-450 with external fuel tank in the bed. Had bikes in the bed as well to make it appear as a happy camping family. I stopped in and what would you know, moving from delaer to dealer, new camper with dealer tags on the trailer. Guy finially admitted that he had the bikes on the truck to appear "a camper". No log, no medical, wrong class license, no IFTA, No apportioned registration, no operating authority. Plenty of these guys out there and trying to reinvent the wheel instead of doing it the right way. The guys I work with water at the mouth and have fun playing with these jokers on the side of the road.
Viking, I know what your saying. I have read your posts before and quite honestly it sounds like a bunch of B.S. to me. I can only imagine you will be stopped and examined very closely with this vehicle. Their is so many cats out here doing things very similar and putting "Not for Hire" on their truck and thinking they are good to go. Maybe you are, maybe your not. But until I actually have the scenario in front of me. The truck, the trailer the load and the driver with "his story" , it's hard to make a determination of what you have posted. As far as telling or advising you what regulation code would apply to you, it's nearly impossible without having the scenario unfold in front of me. I have tried that in the past when people call the scale and ask a question of "I have this and this. What do I need?" The only problem is they tell you half of what they are doing and get the wrong information because we are going off of what they said. Then they get stopped and popped and want to complain because "I talked to so and so and he said I only need this and that." So not to muddy the water anymore that it already is, over the phone, over the computer it's hard to give precise information if you don't know what you are looking at.
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