Need advice for company I just purchased

www.OOIDA.com is a business website for the owner-operator and small fleet owner.

 

Air brakes have absolutely NOTHING to do about determining if a vehicle is a CMV or not. If a vehicle is a CMV as determined by 383.5 AND it has air brakes THEN you must have the air brake restriction removed to operate it. These definitions can be somewhat confusing. I will totally agree!

 

I agree! I also am wondering if the DOT operating authority can be changed over that easy. Not smart at all to buy into this business with no experience! Heck, will they even be able to get insurance? Will brokers use them?

 

Because I have a feeling this air brake thing will start a debate, allow me to state what part 383 says.

First of all the air brake thing is NOT an endorsement! It is a restriction! Per 383.95 (a) take note of the term CMV below!

§383.95 Restrictions.
(a) Air brake. (1) If an applicant either fails the air brake component of the knowledge test, or performs the skills test in a vehicle not equipped with air brakes, the State must indicate on the CLP or CDL, if issued, that the person is restricted from operating a CMV equipped with any type of air brakes.

(2) For the purposes of the skills test and the restriction, air brakes include any braking system operating fully or partially on the air brake principle.

(b) Full air brake. (1) If an applicant performs the skills test in a vehicle equipped with air over hydraulic brakes, the State must indicate on the CDL, if issued, that the person is restricted from operating a CMV equipped with any braking system operating fully on the air brake principle.

(2) For the purposes of the skills test and the restriction, air over hydraulic brakes includes any braking system operating partially on the air brake and partially on the hydraulic brake principle.


Now let's go review what part 383.5 defines as a CMV!

Commercial motor vehicle (CMV) means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle is a—

(1) Combination Vehicle (Group A)—having a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater; or

(2) Heavy Straight Vehicle (Group B)—having a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 pounds or more), whichever is greater; or

(3) Small Vehicle (Group C) that does not meet Group A or B requirements but that either—

(i) Is designed to transport 16 or more passengers, including the driver; or

(ii) Is of any size and is used in the transportation of hazardous materials as defined in this section.


Part 383.5 does NOT have any language speaking about air brakes in regard to what defines a CMV.

It is critical to always go back to the beginning of a rule part to look at what that part defines as something.

I would also hope that @brian991219 will chime in on this.

 

oh boy, you've got a few days/weeks of constant reading and learning ahead of you if you've never owned/run a business before. Legally it isn't as simple as just buying a truck and getting calls from people to move their houses/apartments. You could do that but can find yourself in a whole heap of trouble if something goes wrong. Like damaging somebodies simple wooden chest that was handed down from their great, great, great grandfather who built it while in a holocaust concentration camp and escaped smuggling it out of germany. They and insurance may come after you since to them it is irreplaceable.

There are taxes, permits, legal representation, federal and state requirements and regulations, business organization, the list goes on and in just a few hours of researching you can find yourself having to search for and look at a dozen different websites to see what stuff applies to you.

The easiest thing to do might be to contact a company like Legal Zoom for info on all the business stuff involved. It will probably cost money, but will be a heck of a lot easier then trying to do all the research yourself as they know what needs to be done legal wise based on the business structure and activities.

As for the vehicle side, OOIDA can help if you give them a call. Different regulations and requirements apply when it comes to hauling household property (privately owned possessions).

 

Actually I think the OP should simply lease the truck to a moving company, at least in the short term. Learn the business at a slow pace all the while at least making the payments and maybe some profit right off.

Edited: I also would advise anyone with little or NO experience in this business to carefully investigate anyone "selling" a business. There might be a hidden reason for selling, a reason that could affect the OP. Something like this happened to a friend of mine many years ago. He purchased a home near the Peachtree Dekalb Airport near Atlanta. Never took the nearby Airport into account. Thought he got a great deal on a home until actually moving in. This friend was a nighttime superintendent of a large Atlanta area plant. He found it close to impossible to sleep during the day. THAT is what I mean by carefully investigate why someone would sell a business!

 

Edit...
I paid extra for a truck.

 

I rented a Uhaul years ago and would you know it it had airbrakes. I had that endorsement on the CDL A then so alls well. It actually failed its leak test and quit it's air by the end of the first block anyway.

That truck looks a little big for non CDL. In any case, if it is a work truck hauling people's stuff for earnings in a COMPANY ... a trucking company then it has to be a CDL right?

 

Somebody else can feel free to correct me but I think technically any vehicle larger then a car (as mentioned above, over 10k lb) being used for business purposes requires a commercial drivers license. Not necessarily a class A or B, but at least the Commercial designation.

Whereas when being used for personal use, even if large, it may need a class B or even an A due to the weight, but not Commercial designation. ie, buying a day cab to haul your horse trailer. It's not commercial use. But air brakes throw a wrench into this theory.

 

You stand corrected, there is no such rule anywhere in the FMCSA rules. These rules in what is required for a CDL are clearly spelled out in part 383. What determines a CMV as least for interstate commerce goes to 3 main points. Rated weight, number of passengers and finally if it is hauling haz-mat. Air brakes as I said above HAVE NOTHING to do with this.

The none commercial use of a class 8 or under vehicle is exempted from part 383.