LEOs: Best way to explain I'm not a motor carrier?

Hi Mike,

Thanks for the response. I do think the definition of "commerce" is stretching things quite a bit. My truck is not yet ready to enter any shows (although it's getting there), but I suspect you could be writing tickets all day long stopping trucks leaving Mid-America, for example.

I do, however, get nailed by that second clause, as I will be receiving a relocation package. Since the fees, paperwork and hassle involved in setting up an entire trucking company just for one drive across I-10 are in no way justifiable on a personal budget, it sounds like I'll be stuck with a commercial mover regardless. It also sounds like the vast majority of U-Hauls out there would be ticketable by DOT -- most relocations are for employment reasons, and many employers offer some form of relocation package to assist with moving costs.

Although I find this unreasonable, I realize you didn't write the law, and I appreciate your effort to shed light on the reality of the situation.

 

Most people look at me like I lost my mind simply because I own a truck. Others look at me like I lost my mind when I show them photos from the animal sanctuary where I volunteer -- photos of me in a cage with a lion, tiger or cougar. Yet others think I've lost my mind simply for riding a motorcycle on Florida roads. All of these people have a point.

I understand your frustration, as I tried to make clear in my responses to you both here and in private. Your job is no doubt stressful, and I have no doubt all the liars and scam artists take their toll after a while. Yet I do think it is important to remember that not everyone is trying to get away with breaking the law.

You say that if I truly am only moving my personal effects, I have nothing to worry about -- yet this thread shows that is not the case. Even if I am telling the truth, I risk some officer somewhere not believing me, which will immediately result in a ticket and an expensive court case. Even if I win in court, I do not get back my attorney fees, my court costs, my lost wages from time off to appear in court, etc. If an LEO chooses not to believe me, whether it's because three other guys lied to him that day or because he had a fight with his wife the night before, I am screwed. Not to mention that Mike's response states a relocation package equals engaging in commerce -- which, if true, means I cannot even do this move legally without setting up essentially a one-man trucking company. (It also means the majority of u-hauls and more than a few personal cars stuffed full of personal possessions are violating the law.)

The legality of operating a truck is a mish-mash of state and federal laws, and a lot of definitions are so loose that the only way to get a definitive answer is by court precedent. As a lay-person and a non-millionaire, I cannot afford to take a risk here. So I've decided to abandon the idea of moving myself.

I am still concerned about bobtail usage. I did look into pulling the fifth wheel off as suggested by another poster, and I will probably be doing so. I'll probably end up putting diamond plate or stainless steel down the length of the frame until I come up with a better idea. But you mention problems even with bobtail trucks. I feel like I'm at my wits' end here.

I did post in the O/O forum to get a feel for what actual costs would be involved in getting my own authority etc, just so there could be no doubt I'm above board. While I don't have all of it figured out, talking to a few insurance companies showed that my insurance rates would go up 10x if I get commercial insurance -- which I would presumably need to do in any of the above scenarios. It does not seem like a feasible option.

Finally, another poster had suggested contacting ATHS about this. Many ATHS members have similar problems, e.g. attending shows. So much so that the ATHS (among others) have been pushing for federal legislation to create a separate registration class for show and collector trucks that would be explicitly exempt from DOT jurisdiction. These efforts have not yet borne fruit, but the mere fact that they're necessary show that the current laws are extremely complicated, and that relying on "if you're not doing anything wrong, you have nothing to worry about" sadly doesn't work.

 

I just reread my original post, and found it fairly comprehensive. The main omission was emphasizing that this would have been a one-time affair. If you're saying I should have posted "I don't know what the law says" instead of asserting that I'm not a motor carrier, perhaps. But as it turns out, nobody challenged that assertion after my even more detailed clarification. I have worked as a company driver before, I've been following the trucking industry press, and, most importantly, I did do a fair amount of research on this subject before posting. Both on the federal level and state law in Florida, Alabama, Mississippi, Louisiana and Texas. I do not profess to know everything, but I think I've made a fairly thorough effort to educate myself on the applicable laws. I also stated that if anyone disagreed with my conclusions, if they could cite the relevant legislation. Mike is the only one who has done so.

You're right that the current system is extremely complex. Nobody I've talked to has a full grasp of the applicable rules, especially when it comes to unusual situations that the laws simply don't take into account on all.

I don't believe the response would've been much different regardless of how I had phrased my original post. The takeaway conclusion here is that the risk is too great, even if I do comply with the law.

 

I suffer no delusion that my question is a straightforward one; I've read enough federal and state regulations that banging my head against the wall has left a sizable dent (anyone do drywall repair? )

I did think about buying trip permits, but that alone does not satisfy all the requirements of a motor carrier (should someone along the way unilaterally decide I'm a motor carrier.)

Trailers are cheap -- a dryvan in roadworthy condition goes for around $2500 down here. And they can be resold for about the same.

But I have admitted defeat on this quest. The annoying part is that I'll STILL be paying the fuel to drive the truck from Florida to Texas; I'm just stuck also paying someone else to move my stuff.

 

The average U-Haul has a GVWR over 10,000 lbs. 16,000 is typical.

As for the insurance risk, one more reason I've given up on the idea of moving myself.