Must read!!!! Stopped by FL DOT yesterday....

Discussion in 'Trucking Industry Regulations' started by Driver of the year, Mar 16, 2013.

  1. Mystikal

    Mystikal Medium Load Member

    Nov 24, 2008
    Fort Worth, TX
    Focusing on the main question.... I couldn't find much in the Florida statutes other than in 192.032(5)(a & b)... but even that was just definitions for taxing purposes. The only thing I found that closely resembles anything like what this DOT officer said comes from California State Board of Equalization... from Regulation 1620(b)(2B) USE TAX. In any case, its all based on the taxing of a container and has nothing to do with hours of service, which obviously is regulated via FMCSA and enforced at the state level... and even then the FMCSA regs don't have anything pertaining to containers and intra/interstate commerce, as we all know. You didn't receive a citation so I wouldn't worry about it, personally, but obviously this officer was trying to impress you with his "knowledge," no matter how unnecessary and off base to your companies operation it may have been.

    Edit... I didnt realize there were already 5 pages when I posted. I hope someone didn't already come up with something better.
    Last edited: Mar 17, 2013
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  3. RickG

    RickG Road Train Member

    Jul 22, 2008
    Owensboro , KY
    Ridiculous but not surprised . But don't tell me none of the grain from some elevators isn't sold within the state . How can they tell what farmer's grain goes where ? Farmers should protest this .
  4. Driver of the year

    Driver of the year Medium Load Member

    Sep 28, 2012
    Tampa FL
    51 comments and the rule is still confusing. The main question is that Government and Federal intervention is whats overreaching! When the general public calls us truckers, truck drivers, ex convicts when we are running our own Business, it really creates a negative stigma for all of us! We are small business owners just like any other small business in this country! That csa 2010 was approved because we did not have any representaion in Washington! OOIDA tried but we the millions of Class 8 small business owners in this country, united we become a force! The government fear us and that fear has been there for decades since President Nixon told striking truckers that if they went on strike, he would call the National Guard to replace the truckers. We know that wont work, if i was the leader of the class 8 small business owners, and i tell the Container Haulers from Washington State all the way down to California to shut down, Chinas Economy will come to a halt! if i send the order to the Container Haulers from Boston all the way down to Floridas seaboard, and Texas ports, Latin America's economy comes to a complete halt! and the last piece to the puzzle is the box! whats the box? when i worked for CRST Malone, the route planners had a war room style map, they would show us the United States map where most of the freight is moved in this country. That box is from San Antonio Texas up to Minnesota, east to New England , south to Jacksonville FL and back to Texas. Outside that box you had a hard time finding a back load for days! That box is where all the steel coil, grain, steel, flatbed work, cement, etc... where most of the population lives in this country! Shutting down that box will cripple this Country economically! BUT, we are Americans and love this country and that's the last thing on our minds and a strike will only hurt other small business, they wont survive a major strike lasting three months where no freight is moved and any tractor that doesen't obey the strike, will end up with busted windshields. Again that strike solution will hurt other small business and the big Establishment (both political parties) can survive a long strike. Now, my plan to get more Transportaion friendly support in Washington would be if retired truckers would run for City, State and Congress. If we get our people in the Political arena, we can have that CSA2010 overturned! We need to get involved Politically and support Owner Operators, Company Drivers to run for office, we are millions in this industry and the community will benefit with joe the driver rather than an elitist that tells us we shouldn't drink big soda gulp's! So that's what i believe, the day we start to get our feet inside washington, then that day a FL DOT officer is not going to say that there's a violation that the driver never heard and a nation wide and recognized Trucker Forum having ex Attorney's, ex 50 year drivers, members scrambling the internet with no luck finding that Florida rule saying that they never heard of such law! Whats next? more Interstate tolls, more regulation, too fat to drive, your tractor is too old, etc...
    Last edited: Mar 17, 2013
  5. AfroBat

    AfroBat Medium Load Member

    Jul 24, 2008
    Los Angeles, Ca.
    That cop is obviously lying to you or else you would have gotten a ticket, reminds me of a CHP who told a driver the reason why cars are allowed to run faster than truckers is because they have somewhere to go. He's messing with your head.
  6. Fiddle Sticks

    Fiddle Sticks Light Load Member

    Dec 24, 2012
    I agree with the main thought of OP's #53 posting. I also align with him that his container hauling which never leaves the State of Florida should be considered intrastate since it is already on shore when he hooks up to it and it does not leave the shore until he drops it off.

    I also agree that a political movement or three is necessary to get trucking back to where one can make a decent living without having to work essentially two full-time job's worth of hours (14-16).

    The mega-mills can lobby lawmakers to do their bidding while also squeezing the medium and small companies at the same time.

    OOIDA is a good start rallying the troops, but non-O/O truckers must also join in the fight. Truckers must attempt to unify their clout or else they will suffer the same fate as military personnel where the votes are too spread out for most politicians to be concerned with.
    Last edited by a moderator: Mar 18, 2013
  7. aiwiron

    aiwiron Road Train Member

    Aug 24, 2011
    Sunny Tampa Florida
    Here is Interstate, point to point that does not end instate and includes foreign originated or end use outside of CONUS.

    Intrastate is point to point in state consumed or manufactured in that state.
  8. UnnamedSickness

    UnnamedSickness Light Load Member

    Feb 11, 2013
    if the load originates outside of the state, or will terminate outside of the state, it is interstate.
    aiwiron Thanks this.
  9. xlsdraw

    xlsdraw Road Train Member

    Nov 17, 2010
    Winter Haven, Florida
    IMO, anything that passes into, out of, or thru : Ybor City, Dade or Broward Counties should be considered Interstate commerce. You don't have to leave the State of Florida to leave the good ole U S of A.
    anj8488 Thanks this.
  10. SHO-TYME

    SHO-TYME Road Train Member

    Apr 20, 2011
    Dahlonega, GA
    Just a side note, maybe you need to ask why container haulers are stopped, maybe it's because of the container truck I followed through a scale, the light pointed for it to go to the scale, the driver hit the bypass, the red light came on for him to stop and he blew it and continued on.
    aiwiron Thanks this.
  11. aiwiron

    aiwiron Road Train Member

    Aug 24, 2011
    Sunny Tampa Florida
    Came east via Houston the other day on I-10, container hauler blew past me then did a brake check to hit the ramp.
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