Exempt or not exempt?

Discussion in 'ELD Forum | Questions, Answers and Reviews' started by zinita17601, Nov 6, 2018.

  1. zinita17601

    zinita17601 Road Train Member

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    Got pulled over in michigan today,truck registered 2000,vin sticker says built date 05/99.state tropper says i have to use an eld and that my truck is not exempt.the engine is a 2ws cat and from my understanding cat stopped making them 1999,couldnt find a sticker on the engine.
    Is my truck exempt and how can i prove it?
     
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  3. DUNE-T

    DUNE-T Road Train Member

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    Gotta have a sticker on the engine, or paperwork with engine model year. Some of those troopers simply don't know the regulations
     
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  4. zinita17601

    zinita17601 Road Train Member

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    Call cat?
     
  5. DUNE-T

    DUNE-T Road Train Member

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    Here is what I did. Went to a Volvo dealer and had them do an ECM printout, which shows Vin number of the truck and serial of the engine. Then went to Cummins and had them printout all the info they have on that engine, which includes engine build date. I also did not have an engine sticker and Cummins were not able to give me one, so I bought an Oem blank sticker on eBay, went to a gift shop and had them engrave all the info.
     
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  6. ZVar

    ZVar Road Train Member

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    Very, very unlikely that truck is exempt. The actual build date does not matters, what matters is the "Engine model year" You can get that info from the dealer via a VIN, and just file the paperwork in your permit book. Note below there is no mention of build date.

    Directly from Electronic Logging Device Exemptions

    Q4. If the vehicle registration for a commercial motor vehicle reflect a model year of 2000 or newer, but the engine plate or documentation from the manufacturer indicates that the engine is older than model year 2000, is the vehicle exempt from the ELD rule?

    A4.
    Yes. While an ELD may voluntarily be used in vehicles that are model year 1999 or older, use of an ELD is not required in these vehicles; likewise, vehicles with engines predating model year 2000 are to be treated as exempt, even if the VIN number reported on the registration indicates that the CMV is a later model year. When a vehicle is registered, the model year should follow the criteria established by the National Highway Traffic Safety Administration (NHTSA). There may be instances where the model year reflected on the vehicle registration is not the same as the engine model year, most commonly when a vehicle is rebuilt using a “glider kit.” In this circumstance, an inspector/investigator should use the model year on the engine to determine if the driver is exempt from the ELD requirements. If the engine model year is older than 2000, the driver is not subject to the ELD rule. While the driver is not required to possess documentation that confirms the vehicle engine model year, 49 CFR Part 379 Appendix A requires motor carriers to maintain all documentation on motor and engine changes at the principle place of business. If a determination cannot be made at the roadside, safety official should refer the case for further investigation.
     
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  7. DUNE-T

    DUNE-T Road Train Member

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    The question is how did the broker determine that his engine is a 2000 model year? I wonder if he took the engine serial of the cab sticker and called CAT (which sounds highly unlikely) or just assumed (most likely) it's a 2000 model year. I have not heard yet about anybody having a 99 built engine with 2000 model year.
    Even my late 11/99 built engine still has 1999 model year sticker on it
     
  8. ZVar

    ZVar Road Train Member

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    Could be. Simple fact of the matter is build date doesn't matter. It's goes off model year. And we can guess all we want, but until he gets that info from the mfg it's all guesswork.

    As for the trooper (not broker) stated he needed an ELD. Likely he was speaking out his backside simply guessing based in truck registration. Which is why the op needs to find out what that model year is, and keep proof. And fight any citation or even a CVSA violation (written warning) if it is in fact a 99 model year.
     
  9. DL550CAT

    DL550CAT Road Train Member

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    No guessing it’s exempt. All 2ws cats are 99 or older. Some of the of the next prefix (6NZ) are even 99. Go to Cat or a dealer and get a new engine sticker.
     
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  10. Cummins_444

    Cummins_444 Medium Load Member

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    Wait? The trooper thinks the manufacturer has a time machine that would allow them to go into the future to bring back engines from 2000 to assemble the truck in may of 1999.
    Yeah I won't be able to keep my mouth shut if he uttered that stupidity to me.
     
  11. zinita17601

    zinita17601 Road Train Member

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    I was time pressed to deliver my load,he offered to take me to the inspection pit for further inspection and i passed on that offer.
    Thaught the same thing but than he could argue that the engine is not the original one which came out of the factory.
     
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