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Is this ok/legal?

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Old 09-25-2009, 12:35 PM
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Yup can of worms spilled on the floor.

Here is the link to the fed reg site. They have an online help tool to determine if you need a USDOT number or not.
http://www.fmcsa.dot.gov/registratio...escription.htm

I have done my own research and know what applies to my situation. Although there are some variations between the states, many have standardized on the fed regs. This includes tombogue99's state of Kentucky along with 27 other states.

As I said before, you can do what you want until law enforcement stops you.
Old 09-25-2009, 12:53 PM
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Originally Posted by HMX-1
Another easy fix is have signs up in the rear passenger windows of a QC clearly stating "NOT FOR HIRE", and definately not be overloaded.

Each state has a DOT website, so check those out before you make the trip to get good info.



Kris
Not For Hire doesn't work if you are hauling goods to be sold for profit . Think about companies like Coca Cola and for services like Sysco . They are not for hire but are commercial and subject to FMCSA regulations . We need more info on the purpose of the haul . Hay bought to be used on your own farm is not subject to regulation . Hay bought if some will be sold to your neighbors is . Haul a tractor around for your own use and you're not commercial . But haul it to do a job for someone else , that's commercial . What other states is the truck going to ? TN is rough . OH has signs saying trucks over 8,000 lbs. must enter scales . There are plenty of hotshotters running trailers over 10,000 lbs without a CDL as long as the combined weight is under 26,000 lbs.
Old 09-25-2009, 01:55 PM
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Originally Posted by RickG
Not For Hire doesn't work if you are hauling goods to be sold for profit . Think about companies like Coca Cola and for services like Sysco . They are not for hire but are commercial and subject to FMCSA regulations . We need more info on the purpose of the haul . Hay bought to be used on your own farm is not subject to regulation . Hay bought if some will be sold to your neighbors is . Haul a tractor around for your own use and you're not commercial . But haul it to do a job for someone else , that's commercial . What other states is the truck going to ? TN is rough . OH has signs saying trucks over 8,000 lbs. must enter scales . There are plenty of hotshotters running trailers over 10,000 lbs without a CDL as long as the combined weight is under 26,000 lbs.

You are correct however, OH is commercial vehicles over 8,000 lbs that are transporting goods.


Is this ok/legal?-can_of_worms.jpg
Old 09-25-2009, 02:17 PM
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Originally Posted by cincydiesel
Deep fry em!
Old 09-25-2009, 02:51 PM
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Originally Posted by morpheus
I agree to disagree. Depends on the regs in his home state.


That's fine if you don't leave your home state but once he crosses state lines, he also has to comply with any additional regulations with the additional states he traveling through. Now before everybody jumps to disagree, let me give you a specific example. In Alabama, we recently added a law that basically states you will take a test and be certified, by passing the test, to carry steel coils within our state lines. This is not a Federal DOT rule or statute, but one that was enacted by our state government but it applies to anyone hauling that specific type of load through our state. There are other examples but the bottom line is that as the driver, you are responsible for knowing what is legal in the area you are operating in. That specifically means all areas.

To sum it up for the original author of the thread, based on the information you've provided, and assuming you only have your truck tagged for the 9900 lbs gross of the truck, you won't be legal, you'll be overloaded, you have no defense if you get stopped or have an accident and it won't be the safest move.
Old 09-25-2009, 05:57 PM
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Originally Posted by Totallyrad
That's fine if you don't leave your home state but once he crosses state lines, he also has to comply with any additional regulations with the additional states he traveling through. Now before everybody jumps to disagree, let me give you a specific example. In Alabama, we recently added a law that basically states you will take a test and be certified, by passing the test, to carry steel coils within our state lines. This is not a Federal DOT rule or statute, but one that was enacted by our state government but it applies to anyone hauling that specific type of load through our state. There are other examples but the bottom line is that as the driver, you are responsible for knowing what is legal in the area you are operating in. That specifically means all areas.

To sum it up for the original author of the thread, based on the information you've provided, and assuming you only have your truck tagged for the 9900 lbs gross of the truck, you won't be legal, you'll be overloaded, you have no defense if you get stopped or have an accident and it won't be the safest move.
Well, my example. I collect a particular car and simply, it's a sickness I have. I don't resell them, just collect cars and said parts for these cars. I bought a 4 car carrier to haul 4 cars a year to my parents ranch out west. From MI, through IN, IL, IA and finally SD. Michigan law states that if I'm not commercial, I don't need a CDL and the 26K limit DOESN'T apply. I scale out around 28K. Every other state has to honor my license and I need to meet Fed regs for axle weight on the truck and trailer. Not GCWR. I spoke with every port of entry from here to there numerous times (not being 100% confindent of this at first) and it's always been the same. I do have run across the scales in each state. Sometimes I'm stopped. Most times not. I always have a copy of the MI regs and the titles, in my name, of the cars I'm moving. Never any issue. Ever.

Now, sure my state is unique. The guys from Texas have different regs and will tell a different story. This is why I say the OP needs to consult his state regs both pertaining to his DL and the truck.
Old 09-25-2009, 07:09 PM
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not for hire doesnt mean they wont stop you, if they want to they will. as far as compling to the usdot. txdot sent me a letter stating that all companies will have to get a usdot # in order to comply with changing regs
Old 09-25-2009, 07:35 PM
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Most states have exemptions for rv's and scales, but if your not an rv you better stop at the scale. Last thing you want is having one come ripping out and chase you down, they get a bit testy about having to do that (especially Iowa!). If your private, plated correctly, and hauling your own goods you have nothing to really worry about. But if they have any doubt and feel your commercial be ready for a long day.
Old 09-25-2009, 11:14 PM
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Originally Posted by CD in NM
...In my state, New Mexico, we have an 'E' class DL, it is basically the same as an 'A' class license, but it is issued to those who ARE non-commercial or not for hire...
CD
I just looked at the back of my DL, and this is what's there: "MAY NOT TOW VEHICLE IN EXCESS OF 10,000 LB GVWR UNLESS EQUIPPED W/CLASS 4 EQUALIZER HITCH OR 5TH WHEEL"

So I guess this doesn't apply to RV's and just to goose-neck and equipment trailers?
Old 09-25-2009, 11:36 PM
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I've asked four different NM DOT officers a similar question.....I've received four different answers.
Old 09-26-2009, 01:05 AM
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Well, I'll just keep towing my heavy 5th wheel and hope I don't get into any trouble with "the law" out there.
Old 09-26-2009, 07:11 AM
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thats the wonderful thing about law enforcement. its all up to the officers interpitation of the law
Old 09-26-2009, 08:17 AM
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Originally Posted by tombogue99
I've got a 20' flatbed gooseneck dual tandem trailer rated at 20k. I need to drive 1000 miles to pick up a 10k load and bring back.

My truck is a 3500 SRW CTD with a 9900lb weight rating. I only use the trailer to haul hay around my farm so I've never took it on a long trip with a load. I don't really know if this would be a good idea or not with 2000 miles of interstate with regaulations and what not.
Also, would I have to stop at weigh stations or not? Its not a commercial vehicle so I'm not sure.

Trailer: 6k lbs
Load:10k lbs

what do you all think?

Thanks.
I don't see a problem, you should be around 24K. You probably should have your truck licensed for that weight. But other then that I don't see a problem.
Old 09-26-2009, 09:01 AM
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Tandem duals at 10k each+9900 truck=29,900 so your over the 26,000 lb cdl. 29,900-10k trl=19,900-??8000trk=11,900lbs. So you can haul the 10k load. Length/weight of load on trl may get you over axle wt.. I haul commercial. If you get stopped tell them your not hauling for hire or whatever you have on the trailer is not for sell-if it's for sale it's considered commerce then it become commercial. I have a lil outlaw in me so i'd haul it. The reason I know about what your hauling can't be for sale is I got stopped about 2 weeks ago over this. The dot officer cut me loose when I told/convinced him the pipe I was hauling was not for sale but for a fenc I was building. His thing was if it was for sale now or in the future it was commerce and made it commercial. Like I said get your outlaw clothes on and lying/story telling boots on and go get what it is you need to haul. If they the law wants to give you a ticket they will and nothing can stop them. If they stop you and are behind in their ticket quota your more than likely to get a ticket for something, so if it's for say speeding do your best to talk them into a ticket for a faulty taillight. All the tickets i've gotten i've learned to talk like a used car saleman to them and convince them I have a faulty something and not speeding, overload, overaxle wt., ect. Good luck.
Old 09-26-2009, 09:10 AM
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Thumbs up

Originally Posted by RollinCoalSmoke
...Like I said get your outlaw clothes on and lying/story telling boots on and go get what it is you need to haul...

Well said. And funny


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