where does 10k GVW stand?

Discussion in 'Expediter and Hot Shot Trucking Forum' started by wl90.200, Mar 20, 2023.

  1. NH Guy

    NH Guy Medium Load Member

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    Who Must Comply?
    Most commercial motor vehicle (CMV) drivers must comply. In general, a CMV is a vehicle that is used as part of a business and is involved in interstate commerce and fits any of these descriptions:

    • Weighs 10,001 pounds or more
    • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
    Hours of Service (HOS) | FMCSA
     
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  3. wl90.200

    wl90.200 Bobtail Member

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    the truck I’m going to be using is 10,000gvwr. That means it is not dot regulated. That means no log book no 34hrs reset even though I’ve Mc and dot #
     
  4. NH Guy

    NH Guy Medium Load Member

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    Not sure if having the mc and dot numbers opens it up to DOT regulations, or specifically which ones apply.
     
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  5. Ridgeline

    Ridgeline Road Train Member

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    The states determine what a commecial vehicle is, in my state it depends on which law you look at, it is any vehicle used for commercial purposes and has nothing to do with capacity, OR it is either 5500lbs OR 8700lbs.

    Techically any vehicle used for commercial purposes are supposed to have DOT numbers (which to me is the dumbest thing like having the MSPC stickers on some vehicles). I have been told even if you use a motorcycle for commecial purposes, you need DOT numbers.

    HOWEVER for intrastate work, states can determine what the logging requirements are, which are pretty uniformed - 10,001lbs GVW. NOT 10,000, not 9999, but 10,001lbs - PERIOD!

    BUT once you cross the state lines, your capacity is at or over 10,001lbs, YOU LOG.

    NOW the exception is hauling hazmat, no matter what you have to log.

    OK so on top of all of this - YES YOU ARE DOT REGULATED. IF you go from one state to another and making money doing that, YOU ARE DOT REGULATED.

    WHAT THIS MEANS IS not that you have to log (except when you are hauling hazmat) but you have to maintain your records in transit, have your truck inspected and have your signage with the approiate lettering and numbers.
     
  6. brian991219

    brian991219 Road Train Member

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    Yes. As said before, any vehicle used for commercial purposes in DOT regulated. This means most of the FMCSRs apply. As for your insurance company saying this is a DOT regulated truck, they are correct. Also, if they demand you comply with hours of service and driver qualifications as part of their terms and conditions to underwite the policy then they have that right. They can demand compliance above minimum as a condition of doing business with them.

    All above or below 10,001 GVWR relieves you of is driver qualifications and hours of service, alrhough it doesn't mean you can drive all the hours you want. There is still a prohibition on driving when ill or fatigued that applies to all regulated vehicles.
     
  7. wl90.200

    wl90.200 Bobtail Member

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    The truck is rated exactly at 10,000
    Not more than 10,001gvw. Where does it stand?
     
  8. brian991219

    brian991219 Road Train Member

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    You have to be the most thick headed person I have tried to help in a long time. I don't know how to more clearly answer your question. YES it is a DOT regulated commercial vehicle for all purposes except driver qualification and hours of service.

    It could be a Toyota Prius and still be subject to Federal Motor Carrier Safety Regulations when used to engage in interstate commerce. It is the act of engaging in interstate commerce that defines the intent and applicability of regulations. Then the GVWR or actual weight, and sometimes the commodity (passengers or hazmat) determine if any special rules such as CDL, hours of service and driver minimum qualifications apply.

    Further, your insurance company can set their minimum standards or weight to require DOT compliance at anything they want, regardless of what the regulations say. They are always allowed to require compliance beyond minimum as a condition of writing the policy.

    Like I told you in a previous thread, if you are so hellbent on skirting the regulations or playing in the grey areas you need to hire a regulatory compliance consultant to give you advice, not a bunch of truckers on a social media page.
     
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  9. wl90.200

    wl90.200 Bobtail Member

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    Okey, Let’s talk ab the Prius you mentioned.
    Q1) Would it be possible to have an active authority using this prius? If I get DOT and Mc number, and put 300k insurance liability, that way my Mc would be active?
     
  10. brian991219

    brian991219 Road Train Member

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    Yes. You can have an active authority without owning a single truck. That said, most insurance carriers will not write a policy for a new company that is not asset based, meaning doesn't own at least one commercial vehicle. Getting the insurance will be the hard part.
     
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