Recreational use of Semi on weekends

Discussion in 'Trucking Industry Regulations' started by clh7837, Aug 11, 2014.

  1. clh7837

    clh7837 Bobtail Member

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    Aug 11, 2014
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    We own a small agricultural dealership and have a KW tractor with a 47' van trailer we use to haul equipment. Therefore the unit has to have commercial tags, but we do not have apportioned tags because we do no haul outside of the state of Alabama. However, on the weekends we us the semi for recreational purposes and travel through Tennessee and Kentucky. Do we still have to get apportioned tags, fill out log books, etc... when using it on the weekends for recreational purposes?


    I ask because we recently received tickets for the what is mentioned above.

    Thanks
     
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  3. 201

    201 Road Train Member

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    Hi clh, I think you are on thin ice when you go out of state with the plates you have. While in state, you can put "Private carrier, Not for hire", but I think over state lines may be another matter. Perhaps contact OOIDA, or your local DOT office, they may be able to help. Just run at night, and don't go over any scales, although, that may not be the best advice.
     
  4. Clyde07

    Clyde07 Heavy Load Member

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    Sorry, I'm no help. I've used mine for recreational purposes a time or two, but only when parked.
     
    bergy Thanks this.
  5. turnanburn

    turnanburn Medium Load Member

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    It depends on what you mean by "recreational purposes" This is kind of a gray area, and semi is right about the thin ice. There most definitely is an HOS guidance mentioning "occasional" use of CMV for moving race cars and/or belongings. Of course you still need a CDL, and your non-apportioned truck plates may not be recognized by the other jurisdictions (states), and the revenue people may want there share of the IFTA fuel taxes. The guidance is for occasional exemption from HOS, so you see there are different entities and different sections of FMCSA rules that may apply. You are probably exempt from HOS unless you make some money w/ your recreational pursuit. Plates and IFTA are another story. Then there's drug and alcohol testing.
     
  6. turnanburn

    turnanburn Medium Load Member

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    §390.3(f)(3)

    HOS exemption for personal property
     
  7. turnanburn

    turnanburn Medium Load Member

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    What did you get the tickets for?
     
  8. Emulsified

    Emulsified Road Train Member

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    I would pay for the services of a lawyer whose specialty is the trucking industry. As a matter of fact, I'd look for one that has sued trucking companies since they have done extensive research into the HOS issues, licensing and 'legal right to run' issues. It's worth the money.
     
  9. clh7837

    clh7837 Bobtail Member

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    Aug 11, 2014
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    One ticket was for speeding, 64 in a 55. Accept that one

    The second was for not having the log book filled out.

    The third was for not having apportioned tags.
     
  10. Emulsified

    Emulsified Road Train Member

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    This got the better of my curiosity, so I called my brother who is a DOT officer for the State of Missouri. His answer as follows:
    "That's a pretty good question. I'm not sure of the answer. Keep in mind what Missouri does, is not the same as Tennessee or Kentucky will do necessarily.
    As for the tags, we would recognize these IF we thought this was a very occasional occurrence, but we may require him to purchase a trip permit. No citation.
    For the log and CDL issue, no question, this is a commercial motor vehicle. It's licensed accordingly. It must follow the laws while in my state of whatever applies. I would require logs, insurance, med card and a BOL. Now the BOL can be a simple handwritten one stating "personal property" or "dirt bikes, buggy" or whatever.
    In Missouri, I'd have cited him on the logs and CDL issue. Doesn't mean I'm right. I've certainly had judges throw things out before, however the rule around here is, 'if in doubt, cite. Let the courts decide who's right.' "
    So that's the way he gave it to me. Again, I think I'd pay a lawyer on this one.
     
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  11. turnanburn

    turnanburn Medium Load Member

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    IRP has an exemption for recreational vehicles weighing more than 26,001, but that means RV. Your business truck needs apportioned plates even when used for non business purpose the way the law is written. You may be able to argue the log book ticket, depending on what you are claiming is recreational or non-business.
     
    Foxcover Thanks this.
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