log book on a class c licence?

Discussion in 'Trucking Industry Regulations' started by d5dozer, Apr 21, 2012.

  1. wis bang

    wis bang Road Train Member

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    it's not the state line but the distance from home...100 and 150 air mile exemptions apply across state lines.
     
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  3. Ridgeline

    Ridgeline Road Train Member

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    Listen to your company. It doesn't matter who is right or wrong, they are the one in control of your employment.
     
  4. dibstr

    dibstr Road Train Member

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    Do whatever your company tells you to do.

    For informational purposes though (Absent the hazmat or passenger things) a 10000 GVWR is not considered a CMV, but when you load it over that (10001GVW +) and is used on a highway in interstate commerce it then is. Contrary to what others may state, whether you are being paid or not is irrelevant. The FMCSA does not address the issue of pay and logging or pay and on duty.

    Again though, your company has the right and power to have you log. Simply do as they wish.
     
  5. Expeditor

    Expeditor Medium Load Member

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    FMCSA surely states about being paid. If I buy a tractor 28K pounds and put not for hire on side door do I need a CDL???? NO,,, I can drive the wheels off that thing, I do not need a CDL. AS soon as I use it for hire, or work or profit, and get paid then I'm in all whole different scenario. Then I fall in the FMCSA web of crap. If vehicle is more than 10,001 pounds then I need to log and medical card if I get paid, except for the 100 air mile rule or oil fields or farm etc they might not have to log but require a medical card.
     
  6. dibstr

    dibstr Road Train Member

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    The question concerned logging and pay is irrelevant as to whether one has to log or not. It’s also irrelevant as to whether one is on duty or not. You can put what you want on the door, if it’s used in interstate commerce and is 10001 GVWR or GVW or GCWR it’s a CMV. If you are driving it and are required to log under 395, it makes no difference if you are paid or not. If you know of a source which confirms your claim that “According to FMCSA you are NOT required to log, if you are not under load or being paid” then reference it. I’ll be waiting.
     
    ZVar Thanks this.
  7. Expeditor

    Expeditor Medium Load Member

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    I believe we are saying the same thing. Commerce to me means to get payed, to get compensated, to trade. I trade my hours and drive your truck for a weekly paycheck. There has to be compensation, read 390.3(f)(3). That is why John Doe doesn't need a log book when he takes out his 35k pound class A motor home. Do I need to log if I rent a Penske truck under 26K but MORE than 10,001 pounds and take it from CA to FL,with my furniture? Of course not as long as I'm not getting paid for the load. I'm not engaging in commerce, yet I crossed state lines. Now on the other hand if you paid me to bring a load from CA to FL then yes I would be in violation. People probably do it all the time but it is not legal.
     
  8. dibstr

    dibstr Road Train Member

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    You are expanding the issue to areas not applicable. The question concerned one logging when a vehicle used in a business and not considered a CMV because of weight or weight rating and then becoming a CMV because his weight put it over the threshold. Once it does, whether the driver paid is immaterial. Using your CA to FL it’s a CMV, and if he dead heads back it’s still a CMV whether the driver and carrier gets paid or not. We are not discussing private operation of non commercial vehicles. I’ll say again, the FMCSA does not address pay and they state so. If you are aware as you stated that the FMCSA “surely states about being paid”, please reference it, I really want to see it. I can produce a statement from them saying they do not.
     
  9. Expeditor

    Expeditor Medium Load Member

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    Ok one more time and I'm giving this thread up. I'm not about to roll in the mud with you. CA to FL is not a CMV where I have to log. It might fit the category of a CMV but I just rented it from Penske, to move my stuff, I don't need to log period, no weight stations no UCR no markings on the doors. Don't believe me call Penske and ask them, that's why you don't see DOT # on Penske rental trucks. If on the other hand I rented it to run it as a carrier with my company yes I must enter weight station put my DOT number on the side and all the other good stuff med card included. By the way its not how much weight you have on your truck but WHAT its rated at that makes it a CMV. Also you can't derate a trucks weight rating, if its rated at 33k pounds you must register for at least 33k. Had a friend that almost got arrested for that. Had a truck rated at 33k and registered at 26k to stay under CDL, not good. Drove around for years before a sharp DOT busted her. Did you also know that if I have a 26k pound truck and have a 10,000 rated trailer I don't need a CDL, look it up, a total of 36k pound rated without CDL. I'm done.
     
  10. dibstr

    dibstr Road Train Member

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    Sorry, misread your post on the Penske thing

    Back to the original post. At 10000
    GVWR and used in commerce he is not a CMV. Loaded it may or not be. If his GVW is 10001+ he would be, if not he isn’t. Whether he gets paid or not doesn’t matter.


    Btw, the latest definition of CMV is as follows. It’s not just rating it’s about GVW as well.
    “Commercial motor vehicle 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;“

    Again though, just do as the company says. Y
     
  11. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    Some states DO require rental trucks to pass through the scales...even for a private move. If the sign says "All Commercial Vehicles", you may not have to because it isn't a CMV, but if it says "All Trucks" or "All Trucks Over __ Tons" and the GVWR or GCWR exceeds that tonnage, you'd better pull in or risk being chased down.
     
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