Bonte
New member
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- Location
- Hanover, MD (Next to Ft. Meade)
Greetings all,
Just wanted to share some research for those of you who reside in Maryland and either operate an MV or are thinking about operating one. The laws regarding MV's (or a privately owned commercial vehicle) are very difficult to decipher and extremely hard to determine what applies and what does not, I -still- might have some information wrong, but just know that I've spoken to nearly a dozen officials to get as much clarity about the law as possible and read ever regulation dozens of times.
It is true that depending on WHO you talk to, they may have a different interpretation of the law, but what I've provided here is based on verification with Maryland State Highway Administration (SHA), Maryland State Police, and the Federal Motor Carrier Safety Administration (FMCSA). If you believe what I have posted is incorrect, please let me know. Again, this applies to Maryland only.
Some history, prior to my 5-ton M934A1, I owned a historic ambulance with a GVW of 18,900 lbs. I adhered to all applicable laws and held a DOT physical card (Maryland requires one to be carried when operating a commercial vehicle over 5T GVW - 2007 law).
Let's start by talking about WHY it is so hard to figure out what laws apply to you and what laws do not. The laws are written so incredibly confusing that I'm surprised that even the law makers can make any sense of this. Look at this example under the Application paragraph of the Code of Maryland Title 11, Section 21 - Commercial Motor Vehicles:
(By the way, what's further confusing is that Maryland adopts the FMCSA's definition of a "Commercial Motor Vehicle" as their own, yet the FMCSA defines a commercial vehicle as one in "interstate commerce". I would recommend not trying to use this as a loophole to get you out of a ticket as Maryland has plenty of further definitions which talk about operating "intrastate".
Do the Maryland Commercial Motor laws apply to me? Yup! Is my M934A1 truck a commercial vehicle? Afraid so.. But I'm not using the vehicle for a "commercial" purpose, why do they apply to me? The definition of a "commercial vehicle" actually has nothing to do with the vehicle being used for commerce (as of 2002) but a combination of the type of vehicle, weight of the vehicle OR if it is being used for commerce may qualify it as a commercial vehicle (with some exceptions like RV's, Farm equipment, and emergency equipment like ambulances or firetrucks). FYI, Maryland defines what an emergency vehicle is and historic vehicles do not qualify, sorry guys!
Remember above when I said that in Maryland, ALL vehicles over 5T require Maryland Intrastate DOT numbers? If you read the law, it's a required identification of a vehicle over 5T GVW and in fact is included in the VEHICLE IDENTIFICATION section of the Transportation title! It's free, but I will warn you - you will be listed on Saferweb (FMCSA's safety search system) as Maryland actually obtains your DOT number from the FMCSA.
Update: The actual law itself regarding the MD DOT numbers being placed on your vehicle depends on the "registered" GVW of the vehicle. For historic vehicles in the State of Maryland, this field on your registration should be "0 N/A" and therefor the requirement is not met and you do not need ti display MD DOT numbers. If your registration has a GVW of OVER 10,000 lbs, you will need to display MD DOT numbers.
More info on Maryland DOT Numbers: Maryland SHA - DOT Numbers
So if you're caught without a Maryland DOT number on your vehicle and your registration has a GVW of over 10,000 lbs, you could get a ticket for improper vehicle identification! Not sure what that fine is, but I don't want to find out! Oh and by the way, I put my numbers on a magnetic sign so that I can remove them when I reach my destination.
Regarding weigh stations in Maryland, many of you might believe that you are not required to pull into weigh and inspection stations in Maryland. Guess what? ALL Tucks over 5T GVW are required to stop at ALL weigh stations in Maryland (varies by state), the definition of a truck excludes vehicles like School Buses, RVs, Farm equipment and emergency vehicles, but if your vehicle is a truck AND is over 5T GVW, you MUST pull into inspection stations. Now whether or not you'll be pulled over for passing the weigh station is another story. I for one do not want to take that risk! Technically, even U-Haul trucks over 5T GVW are required to stop, but none ever does...
Also as I mentioned above, you are required to carry a DOT physical card while operating a commercial motor vehicle over 5T along with a drivers license of an appropriate class with any required endorsements (like air brakes) to operate your vehicle. Most of us will need a CDL B w/ air brakes at a minimum.
Lastly, regarding vehicle safety. Maryland law requires that all commercial vehicles be operated in a safe manner and have certain safety equipment (like safety triangles, fuses, and a fire extinguisher) be carried on board at all times. If you are inspected and your vehicle is deemed unsafe to operate or is missing safety equipment, you may face penalties and may not be allowed to operate your vehicle!
If I am incorrect about anything about please let me know, I wish everyone the best of luck and free of trouble with the law
Good luck to you!
Bonte
Just wanted to share some research for those of you who reside in Maryland and either operate an MV or are thinking about operating one. The laws regarding MV's (or a privately owned commercial vehicle) are very difficult to decipher and extremely hard to determine what applies and what does not, I -still- might have some information wrong, but just know that I've spoken to nearly a dozen officials to get as much clarity about the law as possible and read ever regulation dozens of times.
It is true that depending on WHO you talk to, they may have a different interpretation of the law, but what I've provided here is based on verification with Maryland State Highway Administration (SHA), Maryland State Police, and the Federal Motor Carrier Safety Administration (FMCSA). If you believe what I have posted is incorrect, please let me know. Again, this applies to Maryland only.
Some history, prior to my 5-ton M934A1, I owned a historic ambulance with a GVW of 18,900 lbs. I adhered to all applicable laws and held a DOT physical card (Maryland requires one to be carried when operating a commercial vehicle over 5T GVW - 2007 law).
Let's start by talking about WHY it is so hard to figure out what laws apply to you and what laws do not. The laws are written so incredibly confusing that I'm surprised that even the law makers can make any sense of this. Look at this example under the Application paragraph of the Code of Maryland Title 11, Section 21 - Commercial Motor Vehicles:
Are you confused yet? I am. But let's look at bullet A. "Except as otherwise amended or exempted, these regulations are applicable to all trucks, truck tractors, trailers, semitrailers, pole trailers, converter dollies, combination vehicles, and buses having a gross vehicle weight rating or gross combination weight rating of 10,001 or more pounds."COMAR Title 11 Section 21.01.03 - Application.
A. Except as otherwise amended or exempted, these regulations are applicable to all trucks, truck tractors, trailers, semitrailers, pole trailers, converter dollies, combination vehicles, and buses having a gross vehicle weight rating or gross combination weight rating of 10,001 or more pounds.
B. These regulations apply to all interstate carriers and to those intrastate carriers:
(1) Transporting hazardous materials of a type and quantity requiring placarding under federal hazardous materials regulations; orC. The application provisions, amendments, and exemptions set forth in Regulations .05—.08 and .11—.14 of this chapter apply to those intrastate carriers not:
(2) Operating a vehicle designed to transport 16 or more passengers, including the driver.
(1) Transporting hazardous materials of a type and quantity requiring placarding under federal hazardous materials regulations; orD. The amendments and exemptions set forth in Regulations .09 and .10 of this chapter apply to interstate and intrastate carriers.
(2) Operating a vehicle designed to transport 16 or more passengers, including the driver.
E. Regulations .04-1—.04-3 of this chapter apply to interstate carriers, intrastate carriers, and individuals driving a commercial motor vehicle requiring a commercial driver's license and employed by the State or a political subdivision of the State.
F. Regulation .04-4 of this chapter applies to interstate for hire carriers and intrastate for hire carriers with vehicles that exceed a gross vehicle weight rating of 26,000 pounds and are designed to carry property.
(By the way, what's further confusing is that Maryland adopts the FMCSA's definition of a "Commercial Motor Vehicle" as their own, yet the FMCSA defines a commercial vehicle as one in "interstate commerce". I would recommend not trying to use this as a loophole to get you out of a ticket as Maryland has plenty of further definitions which talk about operating "intrastate".
Do the Maryland Commercial Motor laws apply to me? Yup! Is my M934A1 truck a commercial vehicle? Afraid so.. But I'm not using the vehicle for a "commercial" purpose, why do they apply to me? The definition of a "commercial vehicle" actually has nothing to do with the vehicle being used for commerce (as of 2002) but a combination of the type of vehicle, weight of the vehicle OR if it is being used for commerce may qualify it as a commercial vehicle (with some exceptions like RV's, Farm equipment, and emergency equipment like ambulances or firetrucks). FYI, Maryland defines what an emergency vehicle is and historic vehicles do not qualify, sorry guys!
Update: The actual law itself regarding the MD DOT numbers being placed on your vehicle depends on the "registered" GVW of the vehicle. For historic vehicles in the State of Maryland, this field on your registration should be "0 N/A" and therefor the requirement is not met and you do not need ti display MD DOT numbers. If your registration has a GVW of OVER 10,000 lbs, you will need to display MD DOT numbers.
More info on Maryland DOT Numbers: Maryland SHA - DOT Numbers
So if you're caught without a Maryland DOT number on your vehicle and your registration has a GVW of over 10,000 lbs, you could get a ticket for improper vehicle identification! Not sure what that fine is, but I don't want to find out! Oh and by the way, I put my numbers on a magnetic sign so that I can remove them when I reach my destination.
Regarding weigh stations in Maryland, many of you might believe that you are not required to pull into weigh and inspection stations in Maryland. Guess what? ALL Tucks over 5T GVW are required to stop at ALL weigh stations in Maryland (varies by state), the definition of a truck excludes vehicles like School Buses, RVs, Farm equipment and emergency vehicles, but if your vehicle is a truck AND is over 5T GVW, you MUST pull into inspection stations. Now whether or not you'll be pulled over for passing the weigh station is another story. I for one do not want to take that risk! Technically, even U-Haul trucks over 5T GVW are required to stop, but none ever does...
Also as I mentioned above, you are required to carry a DOT physical card while operating a commercial motor vehicle over 5T along with a drivers license of an appropriate class with any required endorsements (like air brakes) to operate your vehicle. Most of us will need a CDL B w/ air brakes at a minimum.
Lastly, regarding vehicle safety. Maryland law requires that all commercial vehicles be operated in a safe manner and have certain safety equipment (like safety triangles, fuses, and a fire extinguisher) be carried on board at all times. If you are inspected and your vehicle is deemed unsafe to operate or is missing safety equipment, you may face penalties and may not be allowed to operate your vehicle!
If I am incorrect about anything about please let me know, I wish everyone the best of luck and free of trouble with the law
Good luck to you!
Bonte
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