Non-CDL use?

Discussion in 'Trucking Industry Regulations' started by Freighttrain, Jan 30, 2010.

  1. Roadmedic

    Roadmedic Road Train Member

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    I am not argueing that he may or may not be commercial according to the regs you posted.

    A farmer who lives in Missouri and raises corn and horses. If he takes the horses to Montana and then sells them, this is a commercial event. This is not a farm deal. Have you not heard of interstate commerce?

    I have seen vehicles posted with not for hire on them actually making a delivery where I was. I do not buy the story of not for hire. I have seen uship haulers with it. I have seen enclosed carriers clearly marked as not for hire and talked to the driver about their rig. I then find out they intentionally mark it this way to beat the rules and are as commercial as I am.
     
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  3. Roadmedic

    Roadmedic Road Train Member

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    Come to Illinois and some others. A one ton truck is classified as commercial in some of these states. Ask me sometime, why I have inspection stickers and get pulled over when just a pickup.

    As far as calling people names, I never have.

    As far as your regs, they mean nothing in other states. The states have rules that put in place that vary from the state law when interstate commerce comes into play.

    You have not addressed whether they can be construed as subject to this or not. Farms which we have alot of in Illinois are always skirting the rules. Ever seen a farm truck with a private trailer 1200 miles from the state? Believe he is doing non commercial activity? Be around sometime when they open the doors.
     
  4. tmlonghorns

    tmlonghorns Light Load Member

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    Been through the following states with ZERO issues: other than having to buy a trip permit or a fuel permit:
    1. Michigan
    2. Ohio
    3. Illinois
    4. Missouri
    5. Oklahoma
    6. Kansas
    7. Nebraska
    8. Colorado
    9. Utah
    10. Idaho
    11. Montana
    12. Wyoming
    13. North Dakota
    14. Minnesota
    15. Wisconsin
    A one ton truck can be classified as commercial in ANY state, just depends on what you are doing. You can read what you want about the regs. My experience is that once I throw out the fact that the IRS says what I am doing is not a business I am on my way within 1 hour. Most of the time I feel as if they are a bit pissed and they are on a mission to find something at that point and I have to go through some inspections.
    Farm plates mean nothing as well. How do you register a 20,000LB truck as being non-commercial? Bingo....Farm plate it. DMV even suggested it. My trailer is plated commercial as well. why? No other way to plate a 48' semi trailer.
     
  5. RickG

    RickG Road Train Member

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    Owensboro , KY
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    You are wrong on so many counts . "Not For Hire " does not mean it is not commercial . It means you only haul your own goods and not property belonging to others , which would require MC authority . Coca Cola trucks are "not for hire " but they are commercial .
    The word commercial as defined by FMCSA applies to vehicles over 10,000 lbs. GVWR that are USED IN COMMERCE . You can have vehicle that is over 26,000 lbs. that is not commercial as long as you don't make money with it in any way .
    Yes , some commie states like MA require pickups to have commercial plates over a certain weight . That's all about revenue and has nothing to do with Federal regulations .
     
  6. phroziac

    phroziac Road Train Member

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    Gary, IN
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    i love how you people can argue this crap for this long.

    To the guy who says that he is not commercial because the irs says so: Obviously your experiences are within the spirit of the law. You're never going to win here, and theres no point in arguing. Eventually you might find a jerk of a cop that'll throw a fit with you.

    RickG: But the FMCSA also regulates commercial vehicles that weigh less than that. IE hazmat. But I've seen pickup trucks with two 55 gallon drums of fuel in the back before, no placards nothing. They looked like they were not empty. You can't tell me thats less than 1000 lb. That requires a record of duty status for the last 8 days, placards, a CDL with hazmat endorsement, proper paperwork, .......and PLACARDS... As far as not for hire, i agree, and i wish more people on this forum would figure this out. I have a hard time believing these guys have never seen a beer truck marked "NOT FOR HIRE", etc. It just means its not owned by a trucking company. My dad used to work for a factory that owned one tractor and two trailers, truck was marked not for hire. All paperwork was in order, and it was 100% commercial. WHY? It was cheaper for them to have their own POS bouncy bouncy ford crapomax daycab then to pay for the freight charges........even though it did break down occasionally because it was OLD. But that's a daycab, and they werent using the truck to make money, just to move product and supplies. I was a little kid and wanted to know why the truck said NOT FOR HIRE but I never saw a truck that didnt say NOT FOR FIRE.... hahaha...not for fire should be the opposiite of not for hire, right?

    [​IMG]
    if dollar general had their own power units, they'd be NOT FOR HIRE too. Still commercial! The only reason my truck is for hire is because it's not owned by dollar general..
     
  7. Roadmedic

    Roadmedic Road Train Member

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    Diesel in the back to placard is 119 gallons.
     
  8. phroziac

    phroziac Road Train Member

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    Gary, IN
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    Roadmedic, i am pretty sure it was leaded gasoline (for race cars). Not sure now. Was a few years back.
     
  9. Roadmedic

    Roadmedic Road Train Member

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    Gasoline weighs 6.25 lbs per gallon. 110 gallons weighs about 687.50 lbs. Well under the hazmat limit of weight.

    You can buy fuel tanks of 115 gallon that are dual purpose. However, I would not want that amount of explosive fuel in my truck bed. Diesel yes, gasoline no.
     
  10. tmlonghorns

    tmlonghorns Light Load Member

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    Gregory, MI
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    To the guy who says that he is not commercial because the irs says so: Obviously your experiences are within the spirit of the law. You're never going to win here, and theres no point in arguing.........

    You are so right. I am done with this subject.
     
  11. snake021

    snake021 Bobtail Member

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    Jan 21, 2010
    Marietta OH
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    It's funny, I don't even have a dog in this fight.

    And another page of "Well, I seen this guy, I know this one person, that Reg doesn't apply here, blah blah blah"

    Yall seem to be mad at anyone who doesn't have to jump thru the hoops that we do.

    Have fun, I could care less. It's like arguing with the CB know-it-alls.
     
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