Hey guys im new to this page and i had a question since i cant seem to find the anwser anywhere, and i thought maybe some one on here could help me?
I drive a 2008 m2 112 frightliner and pull a 48' stacker race trailer, now for the last year i've not been going through scales skating around on the private not for hire gray area. Its not that i dont have my cdl or am over weight. im just not sure so i haven't been going into them, anyways anyone else know about this "gray area" ?
scales help.
Discussion in 'Questions To Truckers From The General Public' started by sleepytowing, Mar 10, 2016.
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You've been not entering the scales for a year and have not been chased down yet?
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Other then places like Nebraska that make everyone down to uhauls pull in I thought not for hire got a free pass.
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Not sure about that but even if not for sale, dot would like to know you're within the legal weight limit of your vehicle. You shouldn't get hassle much, you could just walk in and ask dot if you need to pull in everytime.
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If you're rated for 5 tons gross or more you have to pull in. Even U-Hauls have to do that.
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Just because you are "not for hire" or a "private carrier" does not automatically exempt you from regulation under the US DOT/FMCSA or State agencies. Unless the cargo you are hauling is your own personal property and is not used in commerce in any way, meaning you are not racing those cars for prize money and have no sponsors, you are subject to all DOT regulations just like any other truck on the road.
In Orange County, New York the DOT likes to set up just outside the speedway on Saturday night and inspect the race haulers as they leave the track, citing them for no DOT numbers, no medical cards, cdl, over hours, etc. They have convinced the judge that since there is prize money and sponsorships involved the trucks are engaged in commerce, and many come from CT or PA, so those guys are subject to the interstate commerce rules.
The only difference between not for hire or private carriers and for hire carriers is what you are allowed to haul. Where a private carrier has to own the product in the truck a for hire carrier can haul for anyone. I see this used incorrectly all the time, car dealers and repo companies will put not for hire on their trucks the move cars to sell or that are owned by someone else, etc.
There are some very large not for hire private carriers that come to mind, that comply with all the regulations, Nestle Waters North America is one that comes to mind. They only haul their own spring water to customers for delivery, but because they use trucks to do it they are subject to the same rules as say JB Hunt would be. In your racing world even the big boys like Roush Racing are registered with the FMCSA and operate as private fleets but are fully compliant with the FMCSA regulations. Heck, even local plumbers and carpenters who use trucks over 10,000 pounds gross vehicle weight rating are private carriers subject to the full regulation of the FMCSA if they cross state lines, and in some states even if they don't.
Lastly, judging by your screen name, sleepytowing, you may have other trucking business interests, so be careful not to get caught bypassing the scales, especially if the tractor you are using happens to be titled in your company name, or is one of your tow trucks. This could mess up your regular business for your hobby. Keep in mind that towing companies are also subject to all FMCSA regulations usually with limited exceptions for emergency towing and/or police initiated service requests. I have seen many tow trucks busted for not having for-hire operating authority, dot numbers, medical cards, etc. -
Thank you for the info everyone,
It's helped alot. But after reading brian991219 post I should have mentioned that our rig is registered with dot as a private fleet vehicle, I have my cdl license and all my endorsements including hazmat, I'm going to start stopping at scales, just because I don't want to in someway get in trouble with dot.brian991219 Thanks this. -
Just be prepared when you enter a scale.
Make sure you have a log book that is current and if you are carrying drums of race fuel you may need placarding and hazmat to name a few.
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