I am not trying to pass the compliance of DOT
if my total weight is under 10k, and my truck can handle 12, do I need to use ELD? I am under the 10,000LB limit.
in terms of safety, the truck can handle more weight and I am not going to be even near the edge
Is ELD based on GVWR?
Discussion in 'Expediter and Hot Shot Trucking Forum' started by wl90.200, Mar 13, 2023.
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390.5 defines a commercial motor vehicle as;
means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle -
(1) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or
(2) Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
(3) Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
(4) Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C.Scalemaster, Mnmover99, Lite bug and 3 others Thank this. -
Thanksbrian991219 Thanks this. -
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Something to think about though, just because you are in compliance with the regulation does not mean you are safe or free from responsibility for negligence should you be involved in a crash. A trial lawyer would eat you alive and take everything you own if you were found to be working beyond what is accepted as industry standard.
Also, just because hours of service and other FMCSA/DOT regulations wouldn't apply because of your truck's weight, you may still be in violation of other non-trucking related state specific laws regarding driving while impared, ill or fatigued. -
My concern now is, will I be required to do ELD HOS if I’m below 10k? Someone today told me the minute you get dot/Mc you must use ELD even if your truck is rated at 10gvwr. -
Here is the link to the majority of the FMCSRs. I suggest you read them and become familiar.
FMCSA Regulations and Interpretations – 49 CFR Parts 300-399 | FMCSA -
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brian991219 Thanks this.
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