Exactly, I could plate my '86 Pete 362 with historical plates and drive it all over the country as a non-CMV. A truck is a truck is a truck. It's what it's being utilized for that counts, nothing else....
How soon do I need to display DOT number?
Discussion in 'Trucking Industry Regulations' started by JWillinAZ, Aug 3, 2021.
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But what he's talking about is using a vehicle registered as a CMV for personal use. It's been explained to him why a CMV is still a CMV even if it's being used at the moment for personal use. I'm not going over it again.brian991219 Thanks this. -
What Is a Commercial Motor Vehicle (CMV)?
A close friend was a DOT officer for Harris County in Texas for many years. He busted more people than you care to think about because of the misconceptions about what constitutes a commercial vehicle. .
His best example was:
You are driving a Vespa scooter with a milk crate on the back. It has 1 lb package of a Hazardous material that is dangerous enough to require placards shipped in any quantity. You are driving a commercial vehicle.
A quote from the JJ Keller link above:
- Of any size and is used in the transportation of hazardous materials as defined in §383.5.
brian991219 and jamespmack Thank this. -
CT has "combo" plates for trucks, part time CMV and part time personal use. Say I take my Ford dually that I use for pulling my 40' PJ trailer hauling a tractor for you that you purchased from a third party. That is 'for-hire" and subject to all the applicable regs, MC#, DOT#, commercial insurance, ELD, etc. Now, I use that same dually on the weekend to load up the family and haul my boat to the lake. On this day, I am using it for strictly personal use, it is not a CMV... -
I obviously meant registering in PA, not driving in PA.... But as you want to argue instead of learning it's not worth my time. -
You're most always are quoting regs in your posts, I'm always willing to learn. To start with how about showing me the PA specific RV registration regulation you talk about. You said, (RV's have specific requirements that a typical semi tractor doesn't). Last I checked states issue historical plates for semi-tractors, including PA. These trucks are not CMV's under federal laws. I stand by what I said regarding what constitutes a CMV....
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I dont disagree with that at all.Studebaker Hawk Thanks this. -
My F350 has a gvw of 10k. Rule subsection state, the even under 10,001 but loaded to 10,001 or over and operating as a cvm. Not just gvwr.
So your gonna tell me my f350 loaded down to 10,001 pounds of camping gear and headed across state lines make it a cmv?
I can take my class 8 tractor trailer with name and info displayed but off duty anyplace I want to. I can put the wife, kid, motorcycle, luggage and go drive around. I'm insured. Now, I might have to stop and explain im off duty and pc. Im not subject to fmcsa. I am required to operate safely, and insured.
I know some of this stuff is grey, law is about interpretation. That's exactly what lawyers do. I own my equipment, my authority. Some of you need to think outside of the company truck or company policy.
Yes you can carry alcohol in a commercial truck off duty or pc not listed on bol.
Its my private vehicle off duty outside the scope of fmcsa. Not subject to fmcsa.clausland Thanks this. -
Wanna know a stick point they will get you for? Get the right cop stop you in your 1/2 pickup and you tell him your a trucker and going to get parts. He asks for a logbook. Go thru a audit and get asked why you didn't log parts trip.
My chevy 1/2 ton is 6400 gvwr. I'm supporting interstate commerce and required to log said trips.
I'm way under 10,001 pounds, pickup is not a commercial vehicle.
You need to log your random drug test to, parts trips, and if your smart you log some hours wrenching on equipment.
Grey, very grey.clausland Thanks this. -
As for state specific, 35 of the 50 states adopt the Federal Motor Carrier Safety Regulations as their own by reference, which means their state rules will be identical to the Federal rule. In the other 15 they make some changes, mostly to hours of service and/or driver qualification with a handful making changes to the definition of a CMV for intrastate operation.
Now, in your above example, if the truck was also used/owned/leased to a motor carrier it would depend on the intended use outside of that trip to determine if it is still a CMV, such as when a driver is using personal conveyance. The truck is still a CMV while using PC, the only exception is to hours of service, which the FMCSA guidance makes clear still requires fuel, repairs and such to be shown as on-duty and is still subject to entering open scales/ports for inspection.
Either way, for the OP's question their truck was most definitely a CMV because the intended use was a business purpose and they were not just out sight seeing in a newly purchased box truck, and it is Federally regulated because they purchased it out of state which makes it interstate commerce.ZVar Thanks this.
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