Double Yellow's Company Driver to Independent Thread

I wouldn't set aside a maintenance fund then run projected numbers. I'd run the numbers how they are running. This is what I spent on fuel, maintenance, etc.... You can set a fund aside from your net and tell yourself not to touch it, but the IRS is going to look at gross, and net. If you got $20k left over, after expenses, in some account you've deemed "maintenance" it's still net income being taxed.

If that's what your asking....

 

not sure what all info was on the bill of sale and insurance card. IIRC he asked for my DOT# and I gave it to him. to add insult to injury, after ticketing me and putting OOS he says, "we're all taking off in 5 minutes, you can serve your 10 down at the truckstop if you want". well, glad he let me go to truckstop. But if I would have just slept another 15 minutes that morning scale would have been closed ! lol. the guy did ask some questions, "you OTR ?" stuff like that, I mean I could have lied, not for hire, gonna use it for my own stuff, only intrastate, etc... But I didn't think of it, probly wouldn't anyway.

 

Yeah, that sux, you got rail roaded. Fight it and win. Best just to say I'm off duty, and keep saying it till they understand your off duty.

 

I think the GVWR will get you on the "what is a CMV" definition. Regardless of registration status, it could be argued you were under dispatch to retrieve the new truck. I've also seen threads where it was discussed (maybe someone got a logbook violation?) you should also log line 4 while in transit to pick the truck up. Although I never did that.

Fortunately for me, none of the trucks I've bought were outside the weigh station circumference around Atlanta. Even the diesel cop dragnet on I-985 coming down from Gainesville (where the shop I do business at is) is too busy looking for illegals in construction and landscaping trucks to notice lil 'ol me bobtailing with no lettering one trip. I even post cardboard signs before leaving the lot in rentals.

Being overly paranoid about these things, I usually have my logbook running, the permit book, including cab card, plate, ifta stickers, and a cardboard sign "kit" when I do actually pick up a new to me truck. I've heard of people using the "not for hire" and "RV" strategy, but that always smacked too much of truckstop counter BS to me and not worth the risk. Sorry to hear you got hassled.

 

I wished I had known. I was there most of Friday and would have come by to say hi and hijacked a box lunch.

 

$180K for a tag axle Cascadia? Keep shopping.

 

Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle—
(1) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or
(2) Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
(3) Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
(4) Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C.
Now, of the 4 criteria you are correct #1 weight would be the one my vehicle would fall under. But if you read the first part you realize that the first qualification is it must be used on a highway in interstate commerce to transport passengers or property. That is the first qualification, if it doesn't meet that, then the other 4 do not apply as I read it.

It's still sufficiently vague, obviously the cop interprets this to mean a vehicle which will be used to transport people or property. I interpret it to mean a vehicle which is being or has been used to transport people or property. All it says is a vehicle used to tranport people or property.

 

LOL!! I remember!, right before you asked, I asked if they were a broker or self insuring their own brand. That was a long day! And Red, the lunch boxes were just a free lunch if you catch my drift. If we had more than 20 minutes I would've gone out to the pork tent, but that's always like a 30 minute line.

 

Of course that's how you'd see it. You're the guy with the ticket LOL. You could also say the truck itself was the property being transported under the carrier's dispatch. All that said, I'd venture your odds are better than 50/50 if you decided to waste the time and travel expenses to bring that to an OH court room. That is, if you were actually cited versus their usual sneaky trick which is a warning (but remains on the inspection) that you cannot take to court since they "did you a favor" by not citing you. If it is a citation and you manage to beat it, good luck with the data-q process. Many examples of violations remaining exist, despite any citation being dismissed in court.