Road safety is everyone's responsibility

Discussion in 'ELD Forum | Questions, Answers and Reviews' started by RomTon, Feb 27, 2024.

  1. RomTon

    RomTon Bobtail Member

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    I meant that the MS DOT number and insurance worked. That is, our company was working at that moment.
     
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  3. wichris

    wichris Road Train Member

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    So you used the company DOT and insurance to rent the truck.
    How does that make it personal?
     
  4. RomTon

    RomTon Bobtail Member

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    I rented the truck as an individual and do not use company insurance. Anyone can rent through the app.
     
  5. wichris

    wichris Road Train Member

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    But you weren't hauling for personal use.
    But it doesn't matter what anyone says, you just want people to agree with you.
     
  6. AModelCat

    AModelCat Road Train Member

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    Everything I see online indicates that model of F150 has a max towing capacity of 13,500. If you meant the GCWR was 15,000 then the tow rating would be around 9,500 lbs since the truck itself is about 5,500 lbs. You were dancing a fine line with weights considering a 3/4 ton Ram can weigh up to about 7,500 to 8,000 lbs depending on specs, plus 2,000 to 2,500 lbs for a typical 18 foot bumper pull trailer. More if it were a larger trailer or a gooseneck.
     
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  7. RomTon

    RomTon Bobtail Member

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    Then this is at least personal conveyance
    According to FMCSA, personal conveyance is “the movement of a commercial motor vehicle (CMV) for personal use while off-duty that does not benefit the company financially.”
    Determining if You’re Using Personal Conveyance
    Understanding if you’re using a CMV for personal conveyance should be easy.

    A simple way to determine if you are operating under personal conveyance is to ask yourself these questions, as outlined by FMCSA Director of Enforcement and Compliance, Joe DeLorenzo.

    • Am I off duty?
    • Am I doing any work for myself, rather than at the request of the motor carrier?
    • Is the major purpose of why the motor vehicle is being moved personal?
    • Is it for a nonbusiness-related purpose?
    If a driver can answer yes to all of the above questions, then they are operating under personal conveyance.
    Since the accident, the company has lost all interest in this vehicle. Only my personal interest remained, the same with the trailer. Since the vehicle and trailer were transported after an accident, the trip is clearly considered for personal use.
    All DOT can argue with is a working company in my name while I was driving and nothing else.
     
    Last edited: Mar 3, 2024
  8. wichris

    wichris Road Train Member

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    Company may have lost interest but it still had the numbers. Numbers on it, company is still responsible.
     
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  9. Long FLD

    Long FLD Road Train Member

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    If you weren’t hauling your wrecked pickup back yourself to benefit the carrier (you) then why not just pay to have it hauled back? Doing it yourself to save money benefits the carrier.

    And if you don’t have common sense enough to wait out a storm and try blaming you driving in bad conditions on the cop who placed you OOS then that just adds to what seems to be a pattern of you not taking responsibility for your actions.
     
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  10. Ridgeline

    Ridgeline Road Train Member

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    I am going to sidestep a few issues brought up here so I don't agree that the recovery is commercial.

    Here is why.

    The pickup is in the name of the owner, not the name of a company.

    The pickup is not loaded and it is not being used for hire.

    When you take the numbers off the door, it is a pickup, not a commercial vehicle.

    The recovery of personal property trumps the authority of the DOT enforcement officers to enforce HOS because it is personal property and not subject to FMCSA/Ohio regulations.

    The truck rental for the recovery is irrelevant unless it is a commercial vehicle, and the courts have ruled unless there is an intent to use a rental as a commercial vehicle and meet the specific requirements of being a vehicle intended for commercial use (Michigan is GVW over 8600 or 8800 lbs depending on the law cited), it falls outside the scope of the regulations for commercial vehicles, in the OP's case it is an F150 with a GVW under 7100lbs used to recover personal property.
     
  11. RomTon

    RomTon Bobtail Member

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    I think the total weight of the vehicle should be taken into account here. In my case it was 12,000 with a pickup truck trailer and another F150. Still more than 10,001
     
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