Fireworks
Discussion in 'Trucking Industry Regulations' started by Popeye1, Jul 3, 2007.
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It was the toll booth on the 895. The cop was nice and only wrote me for improper lane. Could of written me for restricted cmv. $90.00 I think my trainer should of paid it he told me to take it. So much for thinking
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I have one retard I work with who was looking for a different way to get back to the yard for ... whatever reason, and he tried to go through there. What a dummy, another one that can't read signs. They got him for doubles, hazmat, and too wide. -
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I worked in Arizona as a state officer for a brief period after military service. (hated it by the way)...I don't know what the law is about having them in a CMV. I live in Tennessee now so I don't care, I can buy them here...but when I was in AZ the answer was YES...In AZ it is illeal to shoot off fireworks or buy them (wild fires), But with a receipt...YES..you could carry them in AZ. You only had to show that you abided by the law of not buying them in AZ (so have the receipt) and if you were not caught shooting them off then you were abiding by that law as well. That was as a private vehicle though. They never said anything to us about CMV and I never dealt with weigh stations or truckers when I worked out there. I worked in the small towns, not on the highway. But from what I recall, it would have been fine in your cab (with a receipt). It would be considered no different than carrying a firearm across state lines. You can do that with propper licensing from your home state (just like the receipt with firworks).
I won't say anything is offical though. I can tell you one thing for sure that is fact...they are not considered HAZMAT. Fireworks fall under firearms laws. Those are two different codes of law.
I haul flat bed heavy's now and haven't thought about that in a while. I hated that job...just move to TN !!! we'll drink beer and shoot off fireworks !!! -
I should add clarification to that..like I haven't talked your ears off already....
You have to check with the states you are going through for posession laws.
In AZ (as my example) it is only illegal to buy/sell or use fireworks. So if you had a receipt to show you did not buy them there, then you were good which is why I would bet that no officer would give you a ticket in AZ for them (receipt provided).
Like any other law..if it is illegal to possess them in that state, then it is illegal no matter what. most states it is not illegal to privately possess them though. CMV...who knows?
This forum needs a spell check.UnixNerd Thanks this. -
this should clear it up a little.
Date of Hearing: July 2, 2007
ASSEMBLY COMMITTEE ON TRANSPORTATION
Pedro Nava, Chair
SB 839 (Calderon) - As Amended: June 25, 2007
SENATE VOTE : 24-10
SUBJECT : Fireworks
SUMMARY : Revises the penalties for possession and
transportation of dangerous fireworks, as specified, and
establishes a fund from the proceeds of all fines and fees
collected related to dangerous fireworks violations earmarked
for enforcement of dangerous fireworks law. Specifically, this
bill :
1)Provides that on or before July 1, 2008, the State Fire
Marshall (SFM) is to identify and evaluate methods to capture
more detailed data relating to fires, damages, and injuries
caused by both dangerous fireworks and safe and sane
fireworks. These evaluation methods are to include a cost
analysis related to capturing and reporting the data.
2)Provides that the Office of the SFM is to consult with public
safety agencies and other stakeholders as deemed necessary by
the SFM and develop a model ordinance that permits local
jurisdictions to adopt a streamlined enforcement and
administrative fine procedures (limited to civil fines)
related to the possession of fireworks. The model ordinance
is to include provisions for reimbursing the Office of the SFM
for the costs associated with the disposal of seized
fireworks.
3)Provides the following remedies for violations related to
possession of dangerous fireworks, except as to a person who
holds and is operating within the scope of a valid license, as
specified:
a) A person who possesses a gross weight, including
packaging, of less than 25 pounds of unaltered dangerous
fireworks, as defined, is guilty of a public offense
punishable by a fine of not less than $500 or more than
$1,000, or by imprisonment in the county jail for up to one
year, or both. -
b) Upon a second or subsequent conviction, a person shall
be punished by a fine of not less than $1,000 or by
imprisonment in the county jail not exceeding one year or
both.
c) A person who possesses a gross weight, including
packaging, of not less than 25 pounds or more than 100
pounds of unaltered dangerous fireworks, as defined, is
guilty of a public offense, punishable by a fine of not
less than $1,000 or more than $5,000, and by imprisonment
in the county jail for up to one year.
d) A person who possesses a gross weight, including
packaging, of not less than 100 pounds or more than 5,000
pounds of unaltered dangerous fireworks, as defined, is
guilty of a public offense, punishable by a fine of not
less than $5,000 or more than $10,000, and by imprisonment
in the county jail for not exceeding one year, or by 16
months, two or three years in the state prison.
e) A person who possesses a gross weight, including
packaging, of more than 5,000 pounds of unaltered dangerous
fireworks, as defined, is guilty of a public offense,
punishable by a fine of not less than $10,000 or more than
$50,000, and by either imprisonment in the county jail for
not exceeding one year or imprisonment in state prison.
4)Provides increased subsequent fines up to $5,000 for a person
who violates fireworks statutes by selling, giving, or
delivering any dangerous fireworks to any person less than 18
years of age, from the previous $500 to $1,000 fine limit.
5)The SFM, in conjunction with the Department of Motor Vehicles,
is to develop regulations and procedures to temporarily
suspend the commercial motor vehicle license of a person who
is operating a commercial motor vehicle while transporting
unaltered and or dangerous fireworks, as defined, and having a
gross weight including packaging, of 10,000 pounds or more.
6)Provides that a driver of a commercial motor vehicle is not to
operate a commercial motor vehicle for three years if the
driver is convicted of transporting unaltered and or dangerous
fireworks, and having a gross weight, including packaging, of
10,000 pounds or more, as specified.
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