driving over the limit, need help!

I'd go to the weigh station nearest Jax and ask... They'll quickly be able to tell you... Of course, if you're now out of that truck, you can't drive it in, which would make this easy for you. If you had it, they could run the registration and tell you how much you are legally allowed to carry or haul with that vehicle.

If the company fired you, reporting them may not help you or hurt them. If you take that route, consider telling FDOT that you brought up the concerns of driving over hours, etc. and told your boss you thought it wasn't legal... Then you were fired... That might hurt 'em... If that's the goal.

From what I gather, your simply having a Class A license requires you to follow the rules while in a "commercial vehicle" even if it's a 1 ton with a 10K trailer attached. The rules to consider in your case should actually be FMCSR over FDOT because you are directed to follow the more stringent. This is something "up for grabs" though, as it may be interpreted differently by different departments or officers. Foremost, it depends whether or not that officer/dept. deems the vehicle in question as "for commercial use" or "exempt." Adding in the CDL may make that point moot for most since the laws written apply directly to CDL holders. They may simply deem your vehicle "commercial" and consider you bound by the rules, unless you can prove you own it and are hauling you're own property within the 150 mile radius allowed in FL, and haven't crossed state lines.

With that, best wishes on getting the new job, whether or not you report the old company...

 

Hey this sounds like a decent job,

what's the name?

i might like to apply for a driver pos.

i'm otr now but if it pays well and i only have to put in one 16 hour day a week, i'm up for that.

i do 16 hour days 7 days and dont get to be home nightly, this would be a much better job.

 

If for some reason you get pulled over before the audit... You may be ticketed. That said, maybe stopping into a weigh station with the vehicle to get actual rules in your case is a good idea.

 

The question has been raised as to the nonsense of longer driving hours intrastate vs less driving hours interstate. The issue is really one of Federalism.

A while back the powers that be decided a little matter called the interstate commerce clause. Also, all rights not expressly given to the Fed are reserved to the states.

In general, to be subjected to Federal law you have to do something that is "seen" as within the Federal pervue. Now many states just don't like the Federal govt telling them what to do. Remember your state has congress people and our Fed has congress people. They are different.

So state of Florida congress people get lobbied by state special interest groups and Florida Federal representatives and senators get lobbied by special interest groups too. It is completely logical for Florida legislators to decide to take a risk of harm from in-state drivers that they would not take from out-of-state drivers. Kind of like when we bail our kids out of trouble but let the neighbor's kid rot in jail.

Thus, logical result or not, it is THE great part of our Federal system that allows actions wholey within a state to be free from Federal intervention and punishment.

BRI

 

If company has U.S.Dot #s it is Federal If #s are State D.O.T.#s it is State law.

 

You can have a US DOT number and still follow the state laws. There are companies that don't always have all of their units running out of the state so they can have them follow state rules.

 

I'm not so sure of that. My company had 1 daycab for instate use... I was pulled by D.O.T. in that truck(in FL)... Told me I must have USDOT #'s on it since the company has OTR trucks. The company was ticketed to boot.

 

Whether or not, as a DOT Superintendent for a company, we had both. DOT inspector confirmed research and stated it as I worded it.

You misunderstood. If you have a USDOT number, it should be on the side of the truck. You still can operate under state rules with it. Parts of the company may be interstate and others intrastate.

 

I would say he is correct! There is only one USDOT number for a company (If I recall correctly) so a company might have some OTR & some local. But I can't promise we are right but it definately makes sense. Being Roadmedic is more than likely "almost sure" is correct