After 14 hours, can you drive a non-commercial vehicle for your company?

Discussion in 'Questions From New Drivers' started by eglosenger, Jun 21, 2013.

  1. jamesh1979

    jamesh1979 Light Load Member

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    I have been corrected thanx:biggrin_25525:
     
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  3. fuzzeymateo

    fuzzeymateo Heavy Load Member

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    You say it's a "company vehicle (non-CMV) " but if it's a company vehicle it's still a commercial vehicle correct? The company I work for does the same thing and claims it's legal but the rescue company vehicle, (a pickup) has the company logo right on the door. This is considered a commercial vehicle. Not one over 26,001 lbs and not one that is subject to DOT hours of service laws but you the driver are subject to the hours of service laws. Like the others say, you can work after 14 hours as long as you're not driving, that's not the issue. But this is driving, just not a vehicle over 26,001 lbs.....and, any work that you are compensated for must be logged, including when you paint your brother's house on your day off. If he pays you for that you must log it as on duty. Will you do it? Probably not but that's what the law says. This time in the rescue vehicle must be logged. But how do you log it? To me it should be done as driving because you are driving. I think if you were to ask DOT on this you would get several answers. I don't like the practice either and I think it is a little shady.....but, I am compensated for the time in the company rescue vehicle. It's a good question and I don't think the real answer will come until someone falls asleep in the rescue vehicle and kills someone on their way back to the yard.
     
  4. Roadmedic

    Roadmedic Road Train Member

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    Logging is only aimed at commercial vehicles when it comes to driving. Now, you need to learn what is considered a commercial vehicle under the FMCSA.

    http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=383.5

    Commercial motor vehicle (CMV) means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle—

    (1) Has a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater; or

    (2) Has a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 pounds or more), whichever is greater; or

    (3) Is designed to transport 16 or more passengers, including the driver; or (4) Is of any size and is used in the transportation of hazardous materials as defined in this section.
     
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  5. fuzzeymateo

    fuzzeymateo Heavy Load Member

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    Thanks for the info. It's good to know the FMCSR's definition of a CMV since that's what's important to us. States apparently classify CMV's differently. In some states the local Landscaping guy or business owner, (trucking company) who owns a pick-up truck and uses it for business purposes must register it as a commercial vehicle. This is where the confusion comes in. At least for me.
     
  6. Roadmedic

    Roadmedic Road Train Member

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    Landscapers and their trailers with the trucks many times reach close to the gvwr. However, we are discussing federal rules for interstate, not state for intrastate only.
     
  7. Noggin

    Noggin Road Train Member

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    It is a commercial vehicle in regards that it's used for commerce (the pick-up truck example), but it is not subject to the HOS guidelines. Have you ever seen a landscaper or something filling out a logbook?
     
  8. fuzzeymateo

    fuzzeymateo Heavy Load Member

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    No I haven't and I admit that it may be reading into the law a little bit too much. But that's what the DOT does all the time. I think the real answer is as follows.....If the company vehicle has a commercial registration it is considered a commercial vehicle by the state. But we fall under the FMCSR and like the posting made by ROADMEDIC, this would not be considered a CMV thus the driver would not have to log this as driving. Correct?
     
  9. Noggin

    Noggin Road Train Member

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    Yes, but only vehicles that meet the weight minimums..26001 pounds or a combination with trailer at 10001, are required to have a commercial registration. Pickups and cars are only required to have a regular state reg so any driving would be logged line 4. As far as i know. I could be wrong. But yeah like you said, gubment officials all interpret it differently.

    It's all confusing! Lol
     
  10. Noggin

    Noggin Road Train Member

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    I think that's why they make it so vague, to keep us dumb truckers confused so we just take the dot's word on it :-(
     
  11. Roadmedic

    Roadmedic Road Train Member

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    You really want confused?

    Some states license a pickup as commercial no matter whether they are or not.
     
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