Non-CDL use?

Discussion in 'Trucking Industry Regulations' started by Freighttrain, Jan 30, 2010.

  1. snake021

    snake021 Bobtail Member

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    Jan 21, 2010
    Marietta OH
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    I just showed you in Title 49 that a Farmer may transport his commodities, livestock and products via a commercial motor vehicle. But they still must follow safety regs in FMCSR.

    You are getting commercial vehicle rules, and motor carrier rules confused. Transporting a racing vehicle is not covered under the exempt clause in the FMCSR, nor Title 49. Apples and oranges.

    Here's a little trivia to make my point:

    What vehicle does this apply to? Don't cheat.


    [​IMG]
     
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  3. snake021

    snake021 Bobtail Member

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    Jan 21, 2010
    Marietta OH
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    Not sure what kind of horses they are, but:



    372.115 Commodities that are not exempt under 49 U.S.C. 13506(a)(6).
    49 U.S.C. 13506(a)(5) provides an exemption from regulation for motor vehicles used in carrying ordinary livestock, fish, and unmanufactured agricultural commodities. Certain specific commodities have been statutorily determined to be non-exempt. Administrative Ruling No. 133, which is reproduced below, is a list of those commodities that are non-exempt by statute.
    ADMINISTRATIVE RULING NO. 133
    LIST OF COMMODITIES THAT ARE NOT EXEMPT BY STATUTE UNDER 49 U.S.C. 13506(a)(6)

    Livestock:
    • Monkeys
      Race horses
      Show horses
      Zoo animals
     
  4. Freighttrain

    Freighttrain Light Load Member

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    Dec 26, 2009
    Gadsden,Al
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    They actually list Monkeys spacifically?Zoo Animals.....would that mean that anyone that hauls polititians would be exempt too since they fall somewhere between Zoo animals and Monkeys now days.All they do is sit up there making a lot of noise slinging dung at each other not Accomplishing anything but making things Horrible?
     
  5. Roadmedic

    Roadmedic Road Train Member

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    Actually, I am not.

    The point is that the officer can and sometimes will rule that the activity is in fact commercial. When that happens, they will look for dot number, insurance, ifta if over 26,001 lbs and medical card. After all, a farmer no longer needs the exemption when leaves the state or several states to sell a horse. There have been some farmers in the area that found that leaving the state and trying to say they were on farm business and hauling manufactured items were no longer farm related. They were bypassing commercial rules.

    Then the above you have posted becomes immaterial.
     
  6. Freighttrain

    Freighttrain Light Load Member

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    Gadsden,Al
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    It is all in the answers too.What would happen if the guy had answered no,I drive to have fun?Techically then almost EVERYONE hauling a car to the track on a trailer would be illegal.No matter if it was a Ford ranger towing an enclosed or a Peterbilt hauling a Nascar style van.Anyone that tows their car to carshows.Offroad events.Etc.
     
  7. GasHauler

    GasHauler Master FMCSA Interpreter

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    So what do you guys think is he legal or not? I say not.
     
  8. RickG

    RickG Road Train Member

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    Doesn't matter what any of us think . He has no interest in our opinions .
     
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  9. Roadmedic

    Roadmedic Road Train Member

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    If the speed limit is 55 and no one stops him speeding at 68, then 68 is legal to do.:biggrin_25526:
     
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  10. tmlonghorns

    tmlonghorns Light Load Member

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    Mar 12, 2009
    Gregory, MI
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    Not sure why I even keep posting.
    I have given you my experience and told you that I have been stopped by everyone who could stop me and that all tell me that I am legal. Some people want to keep argueing that point and they must know more than the guys stopping me so let's close this thread and say they are right.
     
  11. snake021

    snake021 Bobtail Member

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    Jan 21, 2010
    Marietta OH
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    It's not a matter of "opinion".
    I have posted the Regs to back me up, tmlonghorns has posted real world experiences. I haven't seen anyone post any Reg than can prove otherwise.

    Instead, people are called stupid, moron, etc. And since no one answered my little trivia, I will. Those plates are for Not-for-hire, non-apportioned trucks with gross vehicle weights over 26,000 pounds. The "commercial" used to be on every single pick-up, but now they say "weighted". Why? Because the word commercial applies to the GWVR, not because you have a business. So one of you needs to call the NC DMV and tell them they don't know what they're doing.
     
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