Changing again, the rules change but we're not told til after.

Discussion in 'Schneider' started by TennMan, Mar 16, 2016.

  1. kanidana

    kanidana Heavy Load Member

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    And you quote lawyerdome, the place where it starts and where the rest of us that live in the real world stare at with disbelief.
     
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  3. kanidana

    kanidana Heavy Load Member

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    I remember the FMCSA book I was issued in truck driving school. 1.09o09.33434c.bbcvd

    Exaggerating, of course. Lawyer speak is so boring and yet simplistic,
     
  4. DsquareD

    DsquareD Road Train Member

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    It's pretty easy to see if a flatbed is laden or unladen. Vans are a different story and a LEO can only tell if they stop you and have you open the doors.

    I've seen this argument several times. Some have argued that dragging a company trailer is laden even if it is empty, because they could be shuttling trailers. However, a driver who owns his trailer is clearly not performing work when it is empty.
     
  5. kanidana

    kanidana Heavy Load Member

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    Yeah, I love that lawyer speak. Owns the trailer so he is not moving it to another location for use in freight....wait...ya just can't win. But my point is that the DOT laws are FOS FUNDAMENTALLY. Nothing to do with safety, nothing to do with anything other than government over regulation and intrusion. You're going to sneak one in on them to make money. When I paid my state taxes online, they charged me a CONVENIENCE FEE to PAY THEM FREE MONEY ONLINE.
     
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  6. Scott72

    Scott72 Road Train Member

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    You certainly can. I argued this with safety and showed them the exact reading in JJ Keller. They read it then changed their policy. Nowhere does it day "laden" means pulling an empty trailer. Laden means loaded.
     
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  7. TennMan

    TennMan Road Train Member

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    Last time I was DOT'd it wasn't by JJ Keller.

    Do as you please but I like to keep the money I earn and not give it away to DOT.
     
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  8. scythe08

    scythe08 Road Train Member

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    Is that the same reading that I,posted on the previous page? If yours is different. Do you have a link,so I can read it?
    I tried searching for a clear cut answer, but only got 'laden(ie, loaded)'
    But could not find anything about actually saying yes or no, in regards to having a trailer attached. Thank you :)
     
  9. DsquareD

    DsquareD Road Train Member

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    I think they left it deliberately vague so they can enforce it on a case by case basis.

    An empty trailer that is married to your tractor while going home is completely different than hauling a few empty trailers across town, which by definition is doing work.

    When I worked for a company that allowed us to use the trucks for personal conveyance, there were a lot of drivers who used it to make it to a truck stop when their hours ran out. It kept a flag from coming up immediately, but could easily be detected during an inspection. I always uncoupled when I used it to go home or even to take my wife out for dinner when she rode with me. Never had a problem.

    Now that I own my tractor and trailer I don't see any reason to uncouple when I'm heading for the house after making my last delivery and using the PC option.
     
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  10. Scott72

    Scott72 Road Train Member

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    Could care less who I'm DOT'd by. If they enforce rules that don't exist I'll challenge in court. I was in law enforcement for 14 years. I knew better than to circumvent the laws unless I wanted to get embarrassed in court. Now like I said a few days ago, I wouldn't drive mine a couple hundred miles home. Clearly says "short trips". I think that's pushing it, but each his own.
     
    Last edited: Mar 22, 2016
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  11. Scott72

    Scott72 Road Train Member

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    http://www.jjkeller.com/shop/Catego...-is-personal-conveyance*072014_10151_-1_10551
     
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