Non-CDL use?

He will run into an officer some day that will be willing to do the paperwork on this.

 

Ok, one question for Mr. I'm Correct Enough in this to Call You Stupid................
If the IRS came in to do an audit on the FMCSA........... because it is a business........ and they found the FMCSA to be in arrearages and shut them down.............and that is possible, because it is a business. Then who is the higher authority? Can the FMCSA tell the IRS to go pack sand??? I doubt that. So, yes the IRS would be a higher agency....
As for the gentleman selling his horses....... he may be commercial, but he just stated that he has the loop hole needed to get by....... He never said he wasn't commercial........just that it wasn't a business in the eyes of the IRS...... and we just came to the conclusion that the IRS is a higher agency right???????? Just sayin.
Not my fight, and if I had my way we would find a way to regulate four wheelers and all other forms of traffic.......... seems the right thing to do

 

First off, THE FMCSA is not a business. It is ran by the government.

 

I never said that I am legal because I carry the letter from the IRS. I am simply telling you the FACTS are that when I have pulled behind the coop or pulled over by DOT, that once I show them the letter, I am free to leave. I don't give a rats arse over who has jurisdiction. This is my experience. This is FACTUAL experience, not your interuptation of what would happen or how the law is applied.
And again, based on my discussions with the FMSCR before I ever hauled anything what I am doing is legal.
Know it alls who think they know everything really piss me off.

 

I should clarify.....know it alls who think they know how the laws are applied really piss me off. I gave you my experience and how I get around having CDL. if you don't believe me stop by when you are hauling that gas and I will take you for a ride up the road to local coop and you can come inside with me.

 

It's amazing that something so simple can be misconstured because they like what it says. What's the saying? you can lead a moron to drink but they'll always be a moron. The rules and regulations are written at a 6th grade level and I don't have the time to be a teacher so I'm done and time to move on.

 

One of the guys that races on some weekends in my town, learned an expensive lesson. The officer asked if he was trying to win at the races. He said yes. Asked if he had sponsors, he said yes. Asked if he had cdl, medical card, dot number and insurance, he said no. Does now.


Seems the intent to win a race is classified as a commercial venture.

 

WE ? just came to the conclusion ? I never saw any agreement to your nonsense posted here .

 

This thread is still going?

The question is not commerce, it is called the Federal MOTOR CARRIER Safety Administration.

tmlonghorns has stated he has a farm name, therefore:

390.5 Definitions.

Motor carrier means a for-hire motor carrier or a private motor carrier. The term includes a motor carrier’s agents, officers and representatives as well as employees responsible for hiring, supervising, training, assigning, or dispatching of drivers and employees concerned with the installation, inspection, and maintenance of motor vehicle equipment and/or accessories. For purposes of subchapter B, this definition includes the terms employer and exempt motor carrier.

Exempt motor carrier means a person engaged in transportation exempt from economic regulation by the Federal Motor Carrier Safety Administration (FMCSA) under 49 U.S.C. 13506, “Exempt motor carriers” are subject to the safety regulations set forth in this subchapter.


Farm vehicle driver means a person who drives only a commercial motor vehicle that is— (a) Controlled and operated by a farmer as a private motor carrier of property;
(b) Being used to transport either—
(1) Agricultural products, or
(2) Farm machinery, farm supplies, or both, to or from a farm;
(c) Not being used in the operation of a for-hire motor carrier;
(d) Not carrying hazardous materials of a type or quantity that requires the commercial motor vehicle to be placarded in accordance with §177.823 of this subtitle; and
(e) Being used within 150 air-miles of the farmer’s farm.


Farmer means any person who operates a farm or is directly involved in the cultivation of land, crops, or livestock which— (a) Are owned by that person; or
(b) Are under the direct control of that person.


TITLE 49 > SUBTITLE IV > PART B > CHAPTER 135 > SUBCHAPTER I > § 13506
§ 13506. Miscellaneous motor carrier transportation exemptions

(a) In General.— Neither the Secretary nor the Board has jurisdiction under this part over—

(4) a motor vehicle controlled and operated by a farmer and transporting— (A) the farmer’s agricultural or horticultural commodities and products; or
(B) supplies to the farm of the farmer;

(6) transportation by motor vehicle of— (A) ordinary livestock;


He is not getting compensated specificaly for the transportation of the horses. Is it in the price of the horse? Maybe. But he is not transporting them for anyone except himself, and then selling them. He is not being hired.

When a vehicle falls under the GVWR for being commercial, it merely means that the vehicle itself has to comply with all safety measures for that type of vehicle. I.E., mudflaps, lights, reflective tape, etc.

 

Selling a horse is commerce which leads to the rules for commercial motor vehicles. It is at this point that farm is removed from it. It is the same thing that happens with racing vehicle transport. They are not for hire, but suddenly come under the commercial aspect of the law. It also falls under the laws of interstate commerce. The sale of the horses is the direct result of the transport of them to another location so therefore, compensation did occur.