Hvytrkmech

What is your objective?


Tim

GAmes

To prove or disprove that (A) there is a federal requirement that requires vehicle manufacturers to attach a label showing GCWR(B) a statute that makes exceeding the manufacturers GCWR a crime and (C) a statute that requires ALL drivers with vehicles over 10,000 pounds to have a medical card.

If B is true then there are a lot of criminals on the road and on this forum.

Hvytrkmech

Here you go, http://www.access.gpo.gov/nara/cfr/w...cfr657_03.html


Lots and lots of the info you require.

GAmes

Lots and lots of info regarding federal funding of highways. Nothing to do with what I'm looking for. Thanks anyway.

Totallyrad

OK, I just called the 800 number for trucker support that was included in my earlier post about Michigan. The nice lady on the phone explained it this way. If, the vehicle is used in commerce, or in any way helps you make a living or you draw any income, either directly or indirectly from it's operation, it is considered a commercial vehicle and you must have a medical card. She went on to state that if you own or are employed by a business and you operate a vehicle with a GVWR of 10,001 or more, even if you only use it to make a single sales call, you are operating a commercial vehicle, you fall under commercial enforcement and need a medical card. If, you own a vehicle and the GVWR is 10,001 or more pounds and you do not use it in any way to make money off of it's operation, you do not need a medical card. Either commercial or non-commercial includes the operation of pick-up trucks. So, if you're not using it in any way to further any business or make money with it by any means, no medical card required.

With all this being said, I think I know where some of the confusion, at least for me, is occurring. About a year and a half ago I got a notice from the state informing me that I may be required to obtain a DOT number. The criteria for determining that status was worded almost exactly like many of the explanations I found concerning medical cards. Although the manner in which I operate my pick-up is called commercial, I do not have to obtain a CDL because I'm tagged at 26k which is under CDL territory by weight but, because I'm still considered commercial, I have to have a current medical card. To say that this stuff is confusing is an understatement.

GAmes

I'm glad that myth was cleared up, so lets go for two. I also operate commercially, under 26,000 GCWR without a CDL. Before I started this job and got a med card, log book, DOT #, etc I was a full time RVer. My 5er weighs around 13,000 loaded, and my 3500 full of fuel with pax weighs a little over 8000 putting the total between 21,000 and 22,000. I have the correct type drivers license, am fully insured, and the vehicles are titled and plated correctly. Is there any evidence to support the claim that I am violating ANY law by exceeding the manufacturers GCWR of 20,000 pounds? Keep in mind that if exceeding the manufacturers GCWR is illegal every hotshotter out there and a heck of a lot of RVers are criminals.

Totallyrad

Justia> Law> United States> Code of Federal Regulations> Title 49 - Transportation> CHAPTER V--NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION> PART 567--CERTIFICATION> § 567.4 Requirements for manufacturers of motor vehicles.
49 C.F.R. § 567.4 Requirements for manufacturers of motor vehicles.
Title 49 - Transportation



Title 49: Transportation
PART 567—CERTIFICATION


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§ 567.4 Requirements for manufacturers of motor vehicles.
(a) Each manufacturer of motor vehicles (except vehicles manufactured in two or more stages) shall affix to each vehicle a label, of the type and in the manner described below, containing the statements specified in paragraph (g) of this section.

(b) The label shall, unless riveted, be permanently affixed in such a manner that it cannot be removed without destroying or defacing it.

(c) Except for trailers and motorcycles, the label shall be affixed to either the hinge pillar, door-latch post, or the door edge that meets the door-latch post, next to the driver's seating position, or if none of these locations is practicable, to the left side of the instrument panel. If that location is also not practicable, the label shall be affixed to the inward-facing surface of the door next to the driver's seating position. If none of the preceding locations is practicable, notification of that fact, together with drawings or photographs showing a suggested alternate location in the same general area, shall be submitted for approval to the Administrator, National Highway Traffic Safety Administration, Washington, DC 20590. The location of the label shall be such that it is easily readable without moving any part of the vehicle except an outer door.

(d) The label for trailers shall be affixed to a location on the forward half of the left side, such that it is easily readable from outside the vehicle without moving any part of the vehicle.

(e) The label for motorcycles shall be affixed to a permanent member of the vehicle as close as is practicable to the intersection of the steering post with the handle bars, in a location such that it is easily readable without moving any part of the vehicle except the steering system.

(f) The lettering on the label shall be of a color that contrasts with the background of the label.

(g) The label shall contain the following statements, in the English language, lettered in block capitals and numerals not less than three thirty-seconds of an inch high, in the order shown:

(1) Name of manufacturer: Except as provided in paragraphs (g)(1) (i), (ii), and (iii) of this section, the full corporate or individual name of the actual assembler of the vehicle shall be spelled out, except that such abbreviations as “Co.” or “Inc.” and their foreign equivalents, and the first and middle initials of individuals, may be used. The name of the manufacturer shall be preceded by the words “Manufactured By” or “Mfd By.” In the case of imported vehicles, where the label required by this section is affixed by the Registered Importer, the name of the Registered Importer shall also be placed on the label in the manner described in this paragraph, directly below the name of the final assembler.

(i) If a vehicle is assembled by a corporation that is controlled by another corporation that assumes responsibility for conformity with the standards, the name of the controlling corporation may be used.

(ii) If a vehicle is fabricated and delivered in complete but unassembled form, such that it is designed to be assembled without special machinery or tools, the fabricator of the vehicle may affix the label and name itself as the manufacturer for the purposes of this section.

(iii) If a trailer is sold by a person who is not its manufacturer, but who is engaged in the manufacture of trailers and assumes legal responsibility for all duties and liabilities imposed by the Act with respect to that trailer, the name of that person may appear on the label as the manufacturer. In such a case the name shall be preceded by the words “Responsible Manufacturer” or “Resp Mfr.”

(2) Month and year of manufacture: This shall be the time during which work was completed at the place of main assembly of the vehicle. It may be spelled out, as “June 1970”, or expressed in numerals, as “6/70.”

(3) “Gross Vehicle Weight Rating” or “GVWR,” followed by the appropriate value in pounds, which shall not be less than the sum of the unloaded vehicle weight, rated cargo load, and 150 pounds times the vehicle's designated seating capacity. However, for school buses the minimum occupant weight allowance shall be 120 pounds.

(4) “Gross Axle Weight Rating” or “GAWR,” followed by the appropriate value in pounds for each axle, identified in order from front to rear (e.g., front, first intermediate, second intermediate, rear). The ratings for any consecutive axles having indentical gross axle weight ratings when equipped with tires having the same tire size designation may, at the option of the manufacturer, be stated as a single value, with label indicating to which axles the ratings apply.


Examples of Combined Ratings

GAWR: (a) All axles—4080 with 7.00–15 LT (D) tires.

(b) Front—12,000 with 10.00–20(G) tires.

First intermediate to rear—15,000 with 12.00–20(H) tires.


(5) The statement: “This vehicle conforms to all applicable Federal motor vehicle safety standards in effect on the date of manufacture shown above.” The expression “U.S.” or “U.S.A.” may be inserted before the word “Federal”.

(i) In the case of passenger cars manufactured on or after September 1, 1978, the expression “and bumper” shall be included in the statement following the word “safety”.

(ii) In the case of 1987 and subsequent model year passenger cars manufactured on or after April 24, 1986, the expression “safety, bumper, and theft prevention” shall be substituted in the statement for the word “safety”.

(iii) In the case of multipurpose passenger vehicles (MPVs) and trucks with a GVWR of 6,000 pounds or less manufactured on or after June 11, 1999, the expression “and theft prevention” shall be included in the statement following the word “safety”.

(6) Vehicle identification number.

(7) The type classification of the vehicle as defined in §571.3 of this chapter (e.g., truck, MPV, bus, trailer).

(h) Multiple GVWR-GAWR ratings. (1) (For passenger cars only) In cases where different tire sizes are offered as a customer option, a manufacturer may at his option list more than one set of values for GVWR and GAWR, in response to the requirements of paragraphs (g) (3) and (4) of this section. If the label shows more than one set of weight rating values, each value shall be followed by the phrase “with ___ tires,” inserting the proper tire size designations. A manufacturer may at his option list one or more tire sizes where only one set of weight ratings is provided.


Passenger Car Example

GVWR:

4400 LB with G78–14B Tires, 4800 LB with H78–14B Tires.

GAWR:

Front—2000 LB with G78–14B Tires at 24 psi, 2200 LB with H78–14B Tires at 24 psi.

Rear—2400 LB with G78–14B Tires at 28 psi, 2600 LB with H78–14B Tires at 28 psi.


(2) (For multipurpose passenger vehicles, trucks, buses, trailers, and motorcycles) The manufacturer may, at its option, list more than one GVWR-GAWR-tire-rim combination on the label as long as the listing contains the tire-rim combination installed as original equipment on the vehicle by the vehicle manufacturer and conforms in content and format to the requirements for the tire-rim-inflation information set forth in §571.110, §571.120, §571.129 and §571.139 of this chapter.

(3) At the option of the manufacturer, additional GVWR-GAWR ratings for operation of the vehicle at reduced speeds may be listed at the bottom of the certification label following any information that is required to be listed.

(i) [Reserved]

(j) A manufacturer may, at his option, provide information concerning which tables in the document that accompanies the vehicle pursuant to §575.6(a) of this chapter apply to the vehicle. This information may not precede or interrupt the information required by paragraph (g) of this section.

(k) In the case of passenger cars admitted to the United States under 49 CFR part 592 to which the label required by this section has not been affixed by the original producer or assembler of the passenger car, a label meeting the requirements of this paragraph shall be affixed by the importer before the vehicle is imported into the United States, if the car is from a line listed in Appendix A of 49 CFR Part 541. This label shall be in addition to, and not in place of, the label required by paragraphs (a) through (j), inclusive, of this section.

(1) The label shall, unless riveted, be permanently affixed in such a manner that it cannot be removed without destroying or defacing it.

(2) The label shall be affixed to either the hinge pillar, door-latch post, or the door edge that meets the door-latch post, next to the driver's seating position, or, if none of these locations is practicable, to the left side of the instrument panel. If that location is also not practicable, the label shall be affixed to the inward-facing surface of the door next to the driver's seating position. The location of the label shall be such that it is easily readable without moving any part of the vehicle except an outer door.

(3) The lettering on the label shall be of a color that contrasts with the background of the label.

(4) The label shall contain the following statements, in the English language, lettered in block capitals and numerals not less than three thirty-seconds of an inch high, in the order shown:

(i) Model year (if applicable) or year of manufacture and line of the vehicle, as reported by the manufacturer that produced or assembled the vehicle. “Model year” is used as defined in §565.3(h) of this chapter. “Line” is used as defined in §541.4 of this chapter.

(ii) Name of the importer: The full corporate or individual name of the importer of the vehicle shall be spelled out, except that such abbreviations as “Co.” or “Inc.” and their foreign equivalents and the middle initial of individuals, may be used. The name of the importer shall be preceded by the words “Imported By”.

(iii) The statement: “This vehicle conforms to the applicable Federal motor vehicle theft prevention standard in effect on the date of manufacture.”

(l)(1) In the case of a passenger car imported into the United States under 49 CFR 591.5(f) which does not have an identification number that complies with 49 CFR 565.4 (b), (c), and (g) at the time of importation, the Registered Importer shall permanently affix a label to the vehicle in such a manner that, unless the label is riveted, it cannot be removed without being destroyed or defaced. The label shall be in addition to the label required by paragraph (a) of this section, and shall be affixed to the vehicle in a location specified in paragraph (c) of this section.

(2) The label shall contain the following statement, in the English language, lettered in block capitals and numerals not less than 4 mm high, with the location on the vehicle of the original manufacturer's identification number provided in the blank: ORIGINAL MANUFACTURER'S IDENTIFICATION NUMBER SUBSTITUTING FOR U.S. VIN IS LOCATED ______.

[36 FR 7056, Apr. 14, 1971, as amended at 36 FR 23572, Dec. 10, 1971; 41 FR 3479, Jan. 23, 1976; 41 FR 13923, Apr. 1, 1976; 42 FR 7144, Feb. 7, 1977; 42 FR 31162, June 20, 1977; 42 FR 37371, July 21, 1977; 42 FR 37817, July 25, 1977; 50 FR 43192, Oct. 24, 1985; 52 FR 28562, July 31, 1987; 54 FR 46256, Nov. 2, 1989; 56 FR 22356, May 15, 1991; 59 FR 64170, Dec. 13, 1994; 61 FR 29036, June 7, 1996; 64 FR 6817, Feb. 11, 1999; 67 FR 69623, Nov. 18, 2002]

Bluedually4x4

Side note to self MO, Cal, and Mi all have poorly worded regulations for drivers licenses so don't move there lol

Busboy

Here is a good site I found..with Dodge diesel info http://xj.cdevco.net/auto/dodgetowing/

GAmes

That clears up myth (A) from post #92, you already did myth (C). Good work. The really scary one is myth (B). Other than the fact that multitudes of pick-up owners register and operate their vehicles, cross scales, get inspected by DOT, and carry insurance for those weights I don't see any way to prove that operating over the manufacturers GCWR is not illegal.

RAMRODD

A semi with a GCWR of 80K can buy a overload permit in ND to carry 88K. This is for both Commercial and Farm trucks. If loading past the GCWR is such a no no why sell a permit and tell you it is legal?

pind

Its called a cash grab.

I see it all the time, working on OTR and other commercial stuff.

The truck has a vin plate on the door pillar that reads max GVW 10,500lbs.

You go to the scale and you are overweight, they tell you that you can either accept the fine, and downsize your load, and future loads, or for $30/month, you can buy a permit to haul over your currently registered GVW.

I don't agree with it, as they are not re-engineering the vehicle by selling you a permit, they are simply taking cash, and going on about their business.

Before I get on a rant here, I'll leave off.

Bluedually4x4

I have had an oversize permit so I could see the overload permit as about the same thing, that being you know you are overload or size and that you take full responsibility. Meaning some one can't sue the state if you screw up.

Justwannabeme

Has this horse been beaten to death already? lot of good info getting commonly trashed. if you have a question, ask a lawyer.

close the thread Rick.