Roadmedic

I believe you are seeing a trend. Many of the states are pulling over and checking out suspect vehicles. They are finding that there are many running without the proper insurance and documentation. They also do not have numbers on the side or names.

Texas is one of these that has a major number of them. I was at the port of entry in New Mexico on 40. I saw a 3/4 ton pulling a large cargo trailer blow by the scale. They immediately went after him and escorted him back. Seems he was one of the fly by nighters and now has had an education and reduction of the bank balance as well.

Scotty

I just returned from a trip to get an RV. While I was traveling through Chicago I noticed a sedan following me. The car pulled up beside me for awhile and I could plainly see the uniforms. Then they pulled ahead and looked back at my front plate. I run legal and I know they were looking for all the visual confirmation that I was. I heard they had unmarked sedans working other states. Now I know they are in Illinois too.

rich

the states are learning that they can add to their income by doing this

GAmes

That may be true, but they could increase their income a lot easier by just enforcing traffic laws. I can't tell you how many times I have been passed by state troopers who are moving with traffic, and all of them are exceeding the posted speed limit.

The OP hasn't checked in recently, but there is a way for him to move his tools legally. Less hassle than complying with DOT regs, but not as convenient as pulling his own trailer. Hire a hotshotter or transporter to move the trailer from his shop to the work site. We have a regular customer that has us transport his trailers from his place of business in CA to work sites in many different states.

rich

already talked to him and he has the liability ins already to get a usdot# so he is probably going that route since its the easiest and cheapest. as far as traffic enforcement its easier to get money from truckers who travel and wont fight tickets

roughstock

How much is liablity insurance? How does that differ from Cargo Insurance? MY insurance co wanted 12k for insurance. I cant afford that if that is required to haul stuff on my trailer. Im hoping that is only for other peoples cargo, not mine.

rich

cargo is exactly what it says it is cargo only. you need 750k liability for a usdot#

Bonshawman

You can get in your car, or RV, head across state lines to work in another state - no problem. That use is the same as the original post. But it is under-the-radar and difficult to detect, prosecute and prevail. "Just taking a Sunday drive, officer....."

But take a pickup or other truck, hook a non-RV trailer to it with any sort of cargo (including tools etc), and BAM - you are engaged in a commercial enterprise.

It appears that many/most states adopted the FMCSA rules regarding OPERATOR LICENSE - IE: if your trailer is RATED for over 10,000# AND your combination is RATED for over 26,000# you need a Class A CDL.

I have a Class A CDL for that reason. Sure, it says "commercial". But my USE is strictly private and not in furtherence of a business enterprise, and I carry proof of owenrship with me (for my cargo). I have private tags, private insurance. When I am in my S/A Freightliner w/sleeper hauling a 40' falt deck gooseneck, I sure LOOK commercial.

If the "wake up call" was an expensive fine and multiple tickets, repeating the circumstances without remedy to the "violations" could invite the same or stricter/harsher response if caught. There may be room for argument, but that should take place in front of a judge or at an admin hearing, not on the road side. Consulting legal advisors experienced in these matters might be prudent in this specific case.

I can only say what has worked for me.

As to "occasional use" - if I hook up the 25' or 40' to my Dodge 3500 or the Freightliner to go help a buddy move a car/truck, etc., I run a risk of running afoul of being in a commercial enterprise, even though I am not being paid.
I certainly am not trying to step on the income of the guys that do this for a living, but helping a friend is just that. So I weigh my exposure, and take appropriate measures up front to mitigate them. It is all risk/benefit.

In this economy, many people may have to take to the road to find work, and bring the tools of their trade along with them. We all remember the westerns with the traveling salesman in the wagon (it wasn't always snake oil...). I am all for doing things "legal" and being in compliance whenever possible. It can be daunting to determine just what that is sometimes. I think if you make a reasonable effort to be in compliance (and can show that), you may have the best chance at not being slapped.

RickG

Truckers know there are plenty of legal services that will represent them and a trucker would be a fool to just pay a ticket and not fight it . A couple of years ago I had a " must appear " ticket . An attorney contacted the prosecutor and the charge was reduced to a nonmoving violation before the court date .

rich

yea for the larger tickets but how many big companies are going to fight a 150. 00 dollar ticket, thats not a moving violation

Busboy

Man how did it ever get this screwed up? Most people not retired have insurance for traveling to and from work why is this any different. I'm not talking commercial here, I'm talking to and from work. As for carrying "tools" a pen, a pair of work boots, a leatherman and even a cell phone qualify.

North America needs ONE set of rules, how can you have free trade with state to state and province to province laws like we have.I know "vote for me and I promise I'll change things".

morpheus

What people are missing is what YOU need to meet your states regs for licenses. For instance, in Michigan:

Who Needs a Commercial Driver License (CDL)?

Any Michigan resident who intends to operate the following commercial vehicles is required to have a commercial driver license:

Single Vehicles - Having a gross vehicle weight rating (GVWR)* of 26,001 pounds or more.



Combination Vehicles - Towing a trailer or other vehicles with a GVWR of 10,001 pounds or more when the gross combination weight rating (GCWR)** is 26,001 pounds or more.



Vehicles:

Designed to transport 16 or more people (including the driver)
Carrying hazardous materials in amounts requiring placarding
*Gross Vehicle Weight Rating (GVWR) is the recommended maximum total weight of the vehicle and load as designated by the vehicle manufacturer. The GVWR label is usually found on the driver side door post of the power unit and on the front left side of the trailer. The GVWR should not be confused with the elected gross vehicle weight (GVW) which is declared by the vehicle owner for registration purposes.



**Gross Combination Weight Rating (GCWR) means the value specified by the manufacturer as the maximum loaded weight of a combination vehicle. In the absence of a label, the GCWR can be calculated by adding the GVWR of the power unit to the GVWR of the vehicle(s) or trailer(s) being towed.



Exemptions



The following people do not need a CDL:

Active Duty Military (including National Guard): With military licenses operating military vehicles.



Police Officers and Firefighters: Meeting approved training standards and operating authorized emergency vehicles.



Farmers: Operating vehicles within a 150 mile radius of their farm.

An F-endorsement is needed by farmers operating combination vehicles whose towing vehicle has a GVWR of 26,001 pounds or more. A knowledge test, but no skills test, is required to obtain the F-endorsement.
However, farmers who carry hazardous materials in amounts requiring placarding while operating combination vehicles whose towing vehicle has a GVWR of 26,001 pounds or more, or a single vehicle with a GVWR of 26,001 pounds or more, need a CDL with a hazardous materials endorsement.


Individuals: Operating motor homes or other vehicles used exclusively to transport personal possessions or family members, for non-business purposes.


I have a Dodge 3500 dually that I use to pull a 4 car Wally mo car trailer. I collect a particular type of car that is getting hard to find and haul 4 cars out west to a relatives place to store each summer. They are my cars, my truck, my trailer, and I'm moving them to keep, not sell. All private.

By michigan law, my general operators license is good enough. The only regs I need to meet now are Fed regs. As long as I'm not exceeding federal regs for axle weights, I'm golden. I talked to the SOS, DOT, and the port authorities in my state and the 4 other states I was going through. Given I'm legal in MI, I'm legal in every other state. I can't get 2 licenses at the same time and you don't get a license in your own state to meet other states regs. They have to honor your states rules for licenses.

GAmes

What you have missed is the subject of this thread has nothing to do with CDLs. It is about what constitutes a commercial vehicle, and the requirements if that vehicle (or combo) has a weight rating over 10,000 pounds. The regs for that are uniform throughout the U.S.

RickG

True , but I bet you spend a lot of time explaining that when stopped and checked . They should have a special license plate for private , noncommercial carriers that would avoid wasting not only your time but that of enforcement officers .

badme

What you have missed is the fact that if all the regs actually were uniform we would not have this thread. The regs are far from uniform.They may be written uniform, but they are not enforced that way.