How many rules/laws did I break?

CondoCruiser · Apr 22, 2013

not4hire said: ↑

No .
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DriverToBroker said: ↑

He does have a CDL. Tell me this: What if a person wants to buy a class 8 bobtail and use it strictly as a personal vehicle? Not even towing any kind of trailer. Just driving it to school, grocery shopping, what have you. Would they still need apportioned plates, CDL class A, medical, and logbook? Doubt it. This case is the same he just bought what is essentially a personal vehicle and was driving it home. As long as he had a drivers license (not even a CDL) and insurance he was legal.
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We have another thread about that where DieselBear answered. I'll see if I can find it. In the meantime....

Question 26: If a driver is permitted to use a Commercial Motor Vehicle (CMV) for personal reasons, how must the driving time be recorded?

Guidance: When a driver is relieved from work and all responsibility for performing work, time spent traveling from a driver's home to his/her terminal (normal work reporting location), or from a driver's terminal to his/her home, may be considered off-duty time. Similarly, time spent traveling short distances from a driver's en route lodgings (such as en route terminals or motels) to restaurants in the vicinity of such lodgings may be considered off-duty time. The type of conveyance used from the terminal to the driver's home, from the driver's home to the terminal, or to restaurants in the vicinity of en route lodgings would not alter the situation unless the vehicle is laden. A driver may not operate a laden CMV as a personal conveyance. The driver who uses a motor carrier's Commercial Motor Vehicle (CMV) for transportation home, and is subsequently called by the employing carrier and is then dispatched from home, would be on-duty from the time the driver leaves home.
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"may not operate a laden vehicle as a personal conveyance".....
"time spent traveling short distances"... driving across multiple states (800 miles) is not a short distance.

Question 28: May a farmer who meets all of the conditions for a farm waiver be waived from the CDL requirements when transporting another farmer's products absent any written contract?

Guidance: If a farmer is transporting another farmer's products and being paid for doing so, he or she is acting as a contract carrier and does not meet the conditions for a farm waiver. The existence of a contract, written or verbal, is not relevant to the CDL waiver provisions.
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Question 5: A driver used by a motor carrier operates a CMV to and from his/her residence out of State. Is this considered interstate commerce?

Guidance: If the driver is operating a CMV at the direction of the motor carrier, it is considered interstate commerce and is subject to the FMCSRs. If the motor carrier is allowing the driver to use the vehicle for private personal transportation, such transportation is not subject to the FMCSRs.
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Question 5: Are personnel involved in road testing CMVs across a State line subject to the FMCSRs?

Guidance: Yes, any driver (including mechanics, technicians, driver trainees and other personnel) operating a CMV in interstate commerce must be in compliance with the FMCSRs.
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Since he is the owner he is the motor carrier

Question 6: Is transporting an empty CMV across State lines for purposes of repair and maintenance considered interstate commerce?

Guidance: Yes. The FMCSRs are applicable to drivers and CMVs in interstate commerce which transport property. The property in this situation is the empty CMV
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It really isn't much different than this. ^^

Question 23: Can a truck tractor drawing a trailer be a driveaway-towaway operation?

Guidance: Yes, if the trailer is a commodity. For example, the trailer is transported from the manufacturer to the dealer or from the dealer or other seller to the buyer.
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Question 13: A motor carrier dispatches an empty CMV from State A into adjoining State B in order to transport cargo or passengers between two points in State B, and then to return empty to State A. Does the transportation of cargo or passengers within State B constitute interstate commerce?

Guidance: Yes. The courts and the ICC developed a test that clarifies the legal status of intrastate portions of interstate trips. The character of the intrastate leg depends on the shipper's fixed and persistent intent when the transportation began. The fixed and persistent intent in this case was to move property'the vehicle itself'across State lines and between two points in State B where it was used to haul cargo or passengers. The transportation within State B, therefore, constitutes interstate commerce. In some cases the motor carrier may be the shipper.
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Since he went outside the circle he has to follow the regulations. He is bringing a vehicle back with intent to haul cargo.

Question 21: Does the exemption in §390.3(f)(3) for the ''occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise'' apply to persons who occasionally use CMVs to transport cars, boats, horses, etc., to races, tournaments, shows or similar events, even if prize money is offered at these events?

Guidance: The exemption would apply to this kind of transportation, provided: (1) The underlying activities are not undertaken for profit, i.e., (a) prize money is declared as ordinary income for tax purposes, and (b) the cost of the underlying activities is not deducted as a business expense for tax purposes; and, where relevant; (2) corporate sponsorship is not involved. Drivers must confer with their State of licensure to determine the licensing provisions to which they are subject.
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Driveaway-towaway operation means an operation in which an empty or unladen motor vehicle with one or more sets of wheels on the surface of the roadway is being transported:
(1) Between vehicle manufacturer's facilities;
(2) Between a vehicle manufacturer and a dealership or purchaser;
(3) Between a dealership, or other entity selling or leasing the vehicle, and a purchaser or lessee;
(4) To a motor carrier's terminal or repair facility for the repair of disabling damage (as defined in § 390.5) following a crash; or
(5) To a motor carrier's terminal or repair facility for repairs associated with the failure of a vehicle component or system; or
(6) By means of a saddle-mount or tow-bar.
Driver means any person who operates any commercial motor vehicle.
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When you go get your own vehicle the vehicle is the property. It is no different than a towaway. Money was used to buy it hence commerce was made.

I had a deal where I had to drive to Savannah, GA and pick up a new trailer for the company. I had to log. It's no difference a empty trailer or an empty truck.

The easiest way to understand personal conveyance is you are not advancing towards a load. If you are taking a new truck across state lines with the intent of going to get a load, personnal conveyance can't be used. In other words that logbook shows the same town you went on duty as you went off duty. Your logbook can't show you going off duty in town A and mysteriously back on duty 200 miles away. If that was the case drivers could lie all the time and just omit a load.

CondoCruiser · Apr 22, 2013

Here's that thread...

http://www.thetruckersreport.com/tr...question-about-bobtailing-new-truck-home.html

dieselbear said:

Each situation can be different. I don't recall which one I weighed in on but I thought it had to do with the fella that buying a truck truly for personal reasons to show it off a historical shows. This sounds like a guy who has a company (USDOT #, MCC #) that has bought a truck to use in the business. Some State's may buy the personal conveyance, some might not. There is no clear cut definition for personal conveyance. It is open to interpretation. Very vague. It states "Short distances". What is short to me, may not be what scalemaster thinks is short, or vice versa. A clear cut definition and possibly a mileag limit (air mile restriction or something similiar would be nice). My suggestion to the OP, contact the lead MCSAP Agencies in the State's he has to run through and ask before he starts. Get the information straight from the horse's mouth, with him providing the whole story to them. Asking 1,000 drivers, you are likely to get 1,000 diffrent respones.
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