I have switched from driving a semi to driving a refrigerated box truck that is hauling internal company products from one warehouse to another. Sometimes the products are for consumer use and sometimes I am moving company equipment only.
I will always be under 26000 GVWR
I am not for hire.
Warehouse to warehouse distance is 300 miles one way.
QUESTIONS.
1. Do I have to keep a log?
2. Do I have to perform drug testing on all potential drivers and file with DOT?
3. Will I have a CSA rating?
4. Do I have to stop at all weigh stations?
5. Do all potential drivers have to get a DOT medical card?
THANKS FOR READING!
Straight box truck regulations (under 26,000 GVWR and NOT FOR HIRE)
Discussion in 'Trucking Industry Regulations' started by CaptainKirk, Mar 31, 2014.
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Oh. Also. Do we have to file IFTA? I'm thinking no since we're not technically a MC and under 26000
Last edited: Mar 31, 2014
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You are still a motor carrier, just now you are operating a private fleet. Some of the answers will depend if you leave the state or the products you are transporting will eventually leave the state, and also on the local Virginia rules meaning if they have adopted Federal rules by reference or have their own rules that pertain to intrastate operations. My answers will be based on the assumption you are operating interstate since you also have asked about IFTA.
1) Yes, the US DOT defines a commercial vehicle as any vehicle over 10,001 pounds if it is used in the furtherance of commerce so yes you are outside the local exemption (150 air miles for non-cdl vehicles)
2) No unless Virginia has different rules for intrastate operations, the DOT drug testing program only applies to CDL drivers.
3) Yes, you will still need a DOT number as a private fleet just no MC number (operating authority) so yes there will be a CSA rating attached to the company and you are still subject to roadside inspections and new enterant/random safety and compliance audits.
4) Yes, you have to stop at the weight stations as they generally require all commercial vehicles to stop in Virginia, see the definition of a commercial vehicle in #1 above.
5) Yes, if you are operating a commercial vehicle you need a medical card.
6) No you do not need to file IFTA but it has nothing to do with being a motor carrier, you are a motor carrier just a private fleet instead of a contract or common carrier. The reason you do not need to file IFTA is IFTA only applies to vehicles that are over 26,001 GVWR and as you stated above your truck is 26,000 GVWR. Now, if you get a larger truck (one that requires a CDL) then yes you will need IFTA and apportioned registration, and random/pre-employment drug testing.
Lastly, it sounds like you are operating this under contract as a business for this warehouse company, if that is the case you are a for-hire motor carrier. I draw this conclusion based on your questions about hiring other drivers, so unless you are the manager for the warehouse company it would seem to me that you are a contractor. To be a private fleet the trucks must be owned and operated by the company you are transporting freight (equipment, supplies, machinery, etc) for and although you can make deliveries to your retail customers you can not move any product that does not originate or terminate from one of your own facilities, meaning you can pickup a load of supplies and haul it to your warehouse then take a load of finished product to a customer but you couldn't pickup something at a customer and take it to another customer, that would be for-hire.
I hope this helps, I have been through this before. In 2009 I stepped away from auto transport and driving to be a transportation and safety manager for a private fleet that was transitioning to a for-hire carrier, I learned a lot by trial and error during that year.x1Heavy and CaptainKirk Thank this. -
Thanks. The truck is owned by the company and Im the driver , so it's all internal. The truck will only ever go between warehouses and occasionally pick up supplies for production. There will be no deliveries to customers in this truck. That is all handled by small vans under 5T.
Any other drivers will be company employees driving this box truck that is also company property and will usually be under 150 mile radius.
Do you see anything else at this point that makes me a MC?
Thanks very much for your detailed response. -
You are a motor carrier for interstate commerce. If you always stay intrastate, you must most follow your instate rules for commercial vehicles. Even If you only go out of state occasionally, all interstate rules still apply(DOT number, medical card, logbook if over 150 miles, annual inspection for truck, fire extinguisher, and triangles). Having not for hire on the truck means nothing to a DOT guy, especially if your traveling interstate.
Scalemaster Thanks this. -
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Any CMV over 10,000 lbs must have a medical card. All CMVs must enter a weigh station. Hauling any hazmat changes the game and even a pickup truck has to follow the regulations.
Some helpful links.
http://vatruckweb.vdot.virginia.gov/VaTruckRestrictions.aspx
http://www.dmvnow.com/webdoc/pdf/dmv109.pdf
http://www.virginiadot.org/info/trucking-main.asp
http://www.fmcsa.dot.gov/regulations/title49/b/5/3
http://www.fmcsa.dot.gov/
http://www.fmcsa.dot.gov/registration/getting-startedLast edited: Apr 12, 2014
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My point is that this man's enterprise is a legit manufacturer of goods that are undoubtedly sold interstate so any truck operated in support of the business is supporting interstate commerce and is at least a private carrier of property and subject to the full regulations of the FMCSA. CDL has no bearing on anything except DOT drug testing which is only required for operators of vehicles requiring a commercial driver license. They only way around a DOT number and therefore FMCSA regulation is if their products never leave the state of Virginia since Virginia is one of the few states that do not require intrastate operations to obtain a USDOT number, but he will have to comply with all of the local Virginia motor carrier rules.
Condo Crusier has a good point that I didn't clarify, the gross vehicle weight rating is what will determine the IFTA, apportioned plate, and other requirements as declared on the vehicle data plate on the door, not actual operating weight. -
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I don't honestly know how that is affected by whether or not it's private fleet equipment or for-hire common carrier equipment.
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