Driving a privately owned Semi

My case was in 2001 and we won. The coach was indeedregistered as an RV, and not a bus, it was marked "Not for Hire" and "Private Coach". I was ticketed for 70 in a 65, not 70 in a 70 as I previously mistakenly posted.

The signs then stated a different speed for trucks then the 65 mph sign posted. The officer claimed that because I was a CDL driver, I would have to go by the 55 mph speed limit, where actually that was not the case. Regardless, the lower court agreement with the officer was reversed in appeals. TVC took care of this for me. The ticket never hit my record.

 

A bus is a little different than a semi tractor.

 

Most of you have some information right, however most is not all. Having all information right is what covers your a@#. Your right, farmers do not need a CDL operating within 150 air miles from the farm, however most states require the proper class license for the type of vehicle driven. For instance, Joe the Farmer has a International truck tractor with a 45 ft grain hopper trailer. The GVWR for the truck is 33,000 lbs and the trailer is 52,000 lbs. A class A non CDL will be required. Now there are a lot of scenarios that factor. There are a few states, I believe Pennsylvania, will let a 15 year old drive a tractor trailer without any license. I ran into this one day on the side of the road and I had to honor what Pennsylvania allows it farmers to do as long as he was within his 150 air miles. I say it's #########, but what can you do. The other misconception is I'm private and I don't have to go into the scale. Where I work the signs throughout the State say "All vehicles in excess of 5 tons exit at weight station." Period. Nothing in Title 49 of the CFR (FMCSA rles and regulations deal with weight issues or regulations). That falls directly under "State Law.' The other misconception is that "it's federal." It's not federal law that state officers are enforcing. Troopers, State DOT's are enforcing their State Laws. In the state I work, the State has adopted the rules and regulations of Title 49 CFR, Commercial Vehicle rules and regulations as State law.

I've been working trucks now almost 9 years and been a Trooper for 12 years. I stop various trucks (Big Company, little company, O/O, buses, local and long haul) and at least once or twice a day I get the "Truckstop Lawyer" that tries to baffle me with ######### and blow smoke up my a@#. It amazes me that people are that stupid. First off I know there are some officers that are jacka**es but I love a good debate. So it's fun to watch dipsh*t try to tell me what the law is and tell me I can't do this and that. Makes for a good time. Usually ends up with einstein calling road service and/or sitting for 10 hrs and gathering a few coupons. It amazes me how the "driver" thinks that is going to help him, argueing and b*tching about everything under the sun. Before you all jump up and down and start bashing me , I know there are good drivers and companies out there. My father and my uncle drove for a combined 60 plus years and I used to make runs with them when I was a kid. I can probably enlighten a few of you newbies in the "fine art" of working a log book or two. Hell when I was 11 years old I was filling them out for the old man, driving in the middle of the night at 14 and 15 years old. I've been around trucks for most of my life and that's the fun part with the jacka@# driver. I let them "think" I'm falling for their B.S. and then drop the hammer and start asking questions that make there head spin. I also know the days of the "good ol boy" truck driver is coming to an end. You can't make the money driving these days as you could in the 70's and 80's. Trust me I get one of the "old guys" every now and then and that is a real treat. I enjoy the 30 plus year drivers, everything is in order, they know where everything is and they know they have a job just like I do and it's usually a quick stop and they are riding again.

I guess the point I'm trying to make is, driver's, if you don't know the laws for the specific State that you are in, don't act like a jacka@# trying to B.S. your way through something that you have no clue or only half the truth. All the Troopers I work with in my State will usually let you know in a matter of fact way that your a jacka@#, wheather telling you or enlightning you with a coupon or two.

 

Thank you very much for this post dieselbear! Very informative with some great humor too boot!

My dad is one of those 30+ year drivers, and you are so very right about them having all their ducks in a row.

Even though my dad didn't teach me to drive, he did give me plenty of good advice. Two things he drilled into me were to always have my paperwork, etc together within hand's reach, and to be respectful of and to the bears.

Having grown up with cops as family friends though, I already knew to treat them with respect. Be respectful and courteous to LEO's, and you will still get in trouble, just not as much.

 

Ok, I can understand the 70 speed limit mistake... I'm still having an issue with the licensing portion of your story. I have a lot of problems believing an officer pulling you over on a 65/55 highway in Ohio doesn't know that ANY vehicle that weighs OVER 8000 lbs and isnt a COMMERCIAL BUS has a speed limit of 55mph, basically because its posted on EVERY speedlimit sign in Ohio along EVERY 65/55 highway.

Also having problems believing a Judge is going to throw out a 70 mph ticket since they are pretty aware of these facts.

Finally, a Not for Hire motor coach that weighs over 8000lbs traveling above 55 in Ohio is speeding period, regardless of registration, be it RV, bus, or space shuttle... its not a commercial bus..again... the ONLY vehicles weighing over 8000lbs allowed to travel in excess of 55 in Ohio. I don't know too many motor coaches that weigh under 8000lbs. I'd guess the number is Zero seeing as how a conversion van based on a 3/4 ton van chassis is pretty close to that as are a couple of SUV models that were around in 2001.

 

dieselbear,
You clearly adressed the weigh station portion of the original question in regards to PA.... Any vehicle weighing over 5 tons has to stop in an open scale.....

Now how about the other half... if you pull over a non-commercial tractor/trailer and the driver doesn't have a CDL or log book how would you as a LEO handle the stop from the moment the driver handed you his license.

 

A privately owned semi is not that same as a rv or farm vehicle unless it is registered that way.

 

Just make it real easy and I don't know what the big deal is anyway. If you're in a semi-tractor/trailer and the scale is open go in.

I don't care if you have a sign posted "not for hire" or not. Pull through and make them DOT boys happy. It's much easier than having them chase you down the road. You don't want them grumpy.

 

It is all depends on the circumstances surrounding the stop, unforntunately there is no cookie cutter answer that will always apply. For instance, the other day I stopped a Ford F-650 (GVWR 19000 lbs) pullind a Toy Hauler (for those that dont know that is a camper in the front and a cargo area in the rear, usuaslly with a drop lid rear hatch.) in the cargo area was a race bike. Driver stated he was private and not for hire. Ok, that takes care of a MC or the ICC number. The guy had sponserships for his race team, businesses paying him to wear there colors, and was en route to a race in Florida. He can claim all he wants that he is private, he may be, but he still falls into the guidelines. Just as a plumber, carpenter and any other type of service vehicle, it's there truck/trailer, hauling there work tools or products they use in there everyday business. The thing is, if your over 10,000 lbs, truck or combination of vehicles and your engaged in any form of commerce you fall into the regs. When I see the "private not for hire" it just draws me to them like a moth to a light. It's funny watching half of these people tell me what they can and can't do, unfortunately very few are well versed in the law.

 

KeithT I didn't say Pennsylvania all trucks over 5 tons. I don't work in PA, I stated in the state I work in it is all trucks over 5 tons must enter scale.