Do you need Authorety to haul product for yourself?

cetanediesel · Jul 3, 2013

Stapes said: ↑

I've been studying law for approximately 15 years. The more I study, the more I find I didn't know.
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Such is life.

Richter · Jul 7, 2013

cetanediesel said: ↑

Hey bro, have you tried running non processed veg oil? I found its far better with no work.
Click to expand...

I/m not running "processed" just cleaned. If you get used oil from restaurants, it has water and food partial in it. If you run it just like that your going to clock fuel filters and potentially let water in your engine. Water separators are not 100%. If you dont want to get stuck on the highway 1500 miles from home, you clean and dewater you oil first.

Roadmedic · Jul 7, 2013

Stapes said: ↑

First of all, let me correct another assumption that you have made that is incorrect and not backed by facts.

TO BE ENGAGED IN COMMERCE HAS NOTHING TO DO WITH BEING PAID. YOU DO NOT HAVE TO BE PAID TO BE IN COMMERCE.
People are commerce, exchange of ideas is commerce, social interaction is commerce.

In law, when a word is not defined in the statute, then we use what is known as the "Plain Meaning Rule", however, when a word or phrase is defined by that rule or statute, then the "Plain Meaning Rule" would not apply and the definition in the statute would override the plain meaning rule, and you have to use that definition as defined by statute.

So I'm going to take your hand and walk you through the process so you don't make this mistake again, and steer someone down the wrong path, like so many of these posts do.

We are going start with:
CFR (Code of Federal Regulations)
Title 49-Transportation http://www.law.cornell.edu/cfr/text/49
Subtitle B-Other Regulations Relating To Transportation http://www.law.cornell.edu/cfr/text/49/subtitle-B
Chapter III-Federal Motor Carrier Safety Administration-Department of Transportation
http://www.law.cornell.edu/cfr/text/49/chapter-III
Subchapter B-Federal Motor Carrier Safety Regulations http://www.law.cornell.edu/cfr/text/49/chapter-III/subchapter-B
Part 375-Transportation of Household Goods in Interstate Commerce;Consumer Protection Regulations
http://www.law.cornell.edu/cfr/text/49/375
Subpart A-General Requirement (subsections 375.101-375.105) http://www.law.cornell.edu/cfr/text/49/375/subpart-A
Section 375.101-Who must follow regulations in this part? http://www.law.cornell.edu/cfr/text/49/375.101

49 CFR 375.101 - Who must follow the regulations in this part?

There is 1 rule appearing in the Federal Register for 49 CFR 375. Select the tab below to view, or View eCFR (GPOAccess)

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§ 375.101
Who must follow the regulations in this part?
You, a household goods motor carrier engaged in the interstate transportation of household goods, must follow the regulations in this part when offering your services to individual shippers. You are subject to this part only when you transport household goods for individual shippers by motor vehicle in interstate commerce. Interstate commerce is defined in § 390.5 of this subchapter.
[72 FR 36771, July 5, 2007]

So, now WHO DOES THIS REGULATION APPLY TO?

First, when you read a statute, you can not read it in it's entirety. It must be broken down into pieces, and each piece must be analyzed in it's individual part.

You, I a household goods motor carrier I engaged in I the interstate transportation I of household goods,I must follow the regulationsI in this part I when offering your services I to individual shippers.I You I are subject to this part I only when you transport household goods I for individual shippers I by motor vehicle I in interstate commerce.I Interstate commerce is defined in § 390.5 of this subchapter. I

Each of those "pipe marks" that I have input into the text of the statute, breaks the statute into pieces that have to each be analyzed individually to see if they apply to you.

So YOU; (the person reading the statute to see if it applies to them;
a household goods motor carrier; (what is the definition of "household goods motor carrier?" we will get to that as we analyze the statute.)
engaged in; (synonym "involved in" the activity in question.)
the interstate transportation; (what is the definition of interstate transportation?)
of household goods; (again, what is the definition of "household goods?")
must follow the regulations; (what regulations are they referring to?)
in this part; (specifically, that would be part 375-Transportation of Household Goods in Interstate Commerce)
when offering your services; (the services you as the owner operator provide)
to individual shippers. (What is the definition of "individual shippers?")
You,(the person reading the statute to see if it applies to them.)
are subject to this part; (subject to means "under the authority of" this part 375)
only when you transport household goods; (what is the definition of "household goods?")
for individual shippers; (what again is the definition of "individual shippers")
by motor vehicle; (what is the definition of "motor vehicle.")
in interstate commerce. (What is the definition of "interstate commerce.")
Interstate commerce is defined in 390.5 of this subchapter. (So we have a definition of Interstate Commerce in another subchapter, and this will be a controlling definition as it relates to the regulation we are looking at.)

NOW THAT WE HAVE THE STATUTE BROKEN INTO PIECES, WE ANALYZE EACH OF THE PIECES TO SEE IF THEY APPLY.

LOOKING AT
49 CFR 375, Subpart A - General Requirements

There is 1 rule appearing in the Federal Register for 49 CFR 375. Select the tab below to view, or View eCFR (GPOAccess)

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§ 375.101 Who must follow the regulations in this part?

§ 375.103 What are the definitions of terms used in this part? <<<---------------Ahha, definitions.

§ 375.105 What are the information collection requirements of this part?

§ 375.103
What are the definitions of terms used in this part?
Terms used in this part are defined as follows. You may find other terms used in these regulations defined in 49 U.S.C. 13102. The definitions contained in this statute control. If terms are used in this part and the terms are neither defined here nor in 49 U.S.C. 13102, the terms will have the ordinary practical meaning of such terms.

So now , go to 49 U.S.C 13102 to look for other definitions. http://www.law.cornell.edu/uscode/text/49/13102.

The definitions in 375.103 are the controlling definitions, even though there are other definitions as defined in 49 U.S.C 13102.

So here are the definitions we were trying to find the definitions for.

You and your means a household goods motor carrier engaged in the interstate transportation of household goods and its household goods agents. (there is nothing in the definition relating to pay; it is interstate transportation of household goods)

Household goods motor carrier means
(1) In general, a motor carrier that, in the ordinary course of its business of providing transportation of household goods, offers some or all of the following additional services:
(i) Binding and nonbinding estimates;
(ii) Inventorying;
(iii) Protective packing and unpacking of individual items at personal residences;
(iv) Loading and unloading at personal residences.
(2) The term includes any person considered to be a household goods motor carrier under regulations, determinations, and decisions of the Federal Motor Carrier Safety Administration in effect on the date of enactment of the Household Goods Mover Oversight Enforcement and Reform Act of 2005 (August 10, 2005).
(3) The term does not include any motor carrier providing transportation of household goods in containers or trailers that are entirely loaded and unloaded by an individual other than an employee or agent of the motor carrier.

Individual shipper means any person who
(1)Is the shipper, consignor, or consignee of a household goods shipment;
(2) Is identified as the shipper, consignor, or consignee on the face of the bill of lading;
(3) Owns the goods being transported; and
(4) Pays his or her own tariff transportation charges

49 CFR 390.5 - Definitions. http://www.law.cornell.edu/cfr/text/49/390.5

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§ 390.5
Definitions.
Unless specifically defined elsewhere, in this subchapter:

Interstate commerce means trade, traffic, or transportation in the United States
(1) Between a place in a State and a place outside of such State (including a place outside of the United States);
(2) Between two places in a State through another State or a place outside of the United States; or
(3) Between two places in a State as part of trade, traffic, or transportation originating or terminating outside the State or the United States.

So does anything in that statute say anything about being paid as a requirement to be in interstate commerce? Absolutely not. Any trade, traffic, or transportation in the United States that meets any of the three definitions above constitutes interstate commerce.

So, if you are an owner operator, then you meet the definition of a "Motor Carrier" and if you are a "Motor Carrier" providing "Transportation of Household Goods" and offers "Some or all" of the services listed in the definition and "Engage in the Transportation" of "Household Goods" then you meet the definition of "Household Goods Motor Carrier" and when "You" offer your services to an "Individual Shipper", who is anyone who meets any of the 4 definitions listed qualifies as an "Individual Shipper" and "You" are subject to the "Part 375 of the statute requirements.

Hope this clears things up for you a bit.

Click to expand...

It shows you are missing some key things on this.

Number one Learn the definition of commercial and then commerce.

Here is a statement from the fmcsa on the issue of moving personal effects.

Personal Use of a Commercial Motor Vehicle
It is possible that occasionally you may not use a truck in commerce at all. You may be moving
your personal belongings to a new house or, as a hobby you may be taking your horses to a horse
show. As long as the activity is not in support of a business, you are not operating in commerce.
If you are not operating your truck in commerce, you are not subject to the hours-of-service regulations.

If you are not subject to hours of service, then you are not commercial and do not need to worry about it.

http://www.fmcsa.dot.gov/rules-regulations/truck/driver/hos/fmcsa-guide-to-hos.PDF

Page 2.

cetanediesel · Jul 7, 2013

Richter said: ↑

I/m not running "processed" just cleaned. If you get used oil from restaurants, it has water and food partial in it. If you run it just like that your going to clock fuel filters and potentially let water in your engine. Water separators are not 100%. If you dont want to get stuck on the highway 1500 miles from home, you clean and dewater you oil first.
Click to expand...

Thats what I mean, not official Bio-Diesel. I never had the need to do the titration process. I love how simple it is. I cant believe we dont run veg oil in the summer country wide.

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