Commerce means engaged in a trade or business for money. If no money is involved she is not commercial. She also has farmer tags. She isn't selling cattle or went and bought some. There is a big difference.
Owning a truck for personal use?
Discussion in 'Trucking Industry Regulations' started by jgeck90, Mar 30, 2013.
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That's why I asked if they went to another state to see if there was a reciprocating agreement on the waiver. Some have them, some don't. Just because you crossed one that don't doesn't mean all states are that way. -
Could be that the USDOT gal from San Diego that did my audit was full of ####, and her boss too. She ultimately failed me because I wasn't in a drug consortium when I was hauling my own cattle in my own farm tagged truck about fifty miles from home, but just across the state line. I of course challenged her jurisdiction over me in the first place and interstate commerce was the answer she gave. I went to her boss in Colorado and got the same answer. Through the process, I was informed that once you cross the state line, you are in interstate commerce and subject to USDOT/FMCSA rules. Just my personal experience with it.
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This is why it's always best to comply with all of the rules.
If you're not sure - then just comply.
You can't OVER do it but you can indeed UNDER do it.
Technically I dont need to log personal conveyance (although this is widely argued) so I asked my DOT Auditor 2yrs ago
and she told me that a scale house would EXPECT a log and it's much easier to SHOW them a log book than spend time
arguing about why you 'technically' didnt need one joy riding across state lines when not under dispatch/load.
Drug testing is around $100/yr. Thats not even $10/mo.....
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Being in a little straight truck I doubt they would hassle her. Assuming she lives in central or south Jersey, the only out of state scales I think she'd deal with is Perryville, MD? CA is one of the strict ag states. Especially the San Diego scales. I think out of them all I hate that one the most.
Hanadarko Thanks this. -
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I will add this as one thing to consider, as far as I know fuel tax, IFTA, has three basic conditions,
So in order to stay away from IFTA, I believe this is still the criteria,
1. No more than TWO axles on the POWER UNIT, (trailer axles have no bearing)
2. Truck or combination not to weigh OVER 26,000
3. Trailer and Combination not registered over 26,000
An old S/A tractor should come in UNDER 15,000, so make sure your Jeep and trailer don't weigh over 11,000. OR if you really want to be smart, drop the center axle on the tractor and put an aluminum bed on it, you should not need more than about 14' total bed for any Jeep out there.
You would be WELL under 26,000, and only two axle, hence, NO IFTA.
- What is a "Qualified Motor Vehicle" under IFTA?
A vehicle used or designed to transport people or property is a qualified motor vehicle if it:
- Has three or more axles; or
- Has two axles and a gross vehicle or registered gross vehicle weight of more than 26,000 pounds or 11,797 kilograms; or
- Is used in a combination that has a combined or registered gross vehicle weight of more than 26,000 pounds or 11,797 kilograms.
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I have seen quite a few motor homes over the years based on aero style class 8 chassis' from KW and FL. Not sure it is not any different just having one of these class 8 trucks and being just like those motorhomes without the home part. As long as there is no commercial activity involved.
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Last edited: Mar 31, 2013
Njnoob Thanks this. -
Thank you guys!!
oscar: she only has her farm name on it. She does NOT pull a trailer. It's only a straight truck that, even loaded at capacity, is under the weight needed for a CDL.
Condo: States we would go to would be: New York, Pennsylvania, Delaware, Maryland, maybe Connecticut; maybe Virginia. To give you an idea of how *far* we've traveled with it? It's a '95 and has just 40k miles on it!
There are two scales in our area of NJ that we pass (haven't been open when we've happened by though) 287 north near Edison, 78 east and west near PA border.
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