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Just got a ticket need help!

ncduece

Member
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Location
wilmington nc
I JUST got a $100.00 civil ticket from my local highway patrol here in wilmington nc i guess he was part of the dot. the ticket was for not having a fuel tax decal displayed, he said since i have 3 axles the truck is considered commercial,i have a weighted tag on the truck. The truck is tagged for 30000lbs just so there would be no way for them to give me a overweight ticket. i said that they should have told me about the fuel decal when i went to get my tags at the dmv a few weeks ago! anyone know the law on this and these mv? by the way he loved the deuce!
 

doghead

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Ignorantia legis neminem excusat :oops:
 

clinto

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So are tri-axle RV's commercial?
 

DicedDeuceMan

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De
so, you got a hundred dollar ticket for not having fuel sticker..

He missed,,
The Dot number on your truck.

Commericial trucks usually are required to have name visible from 50 feet

Did you have the proper CDL for your truck?

A new updated Medical card?

Log book?

Unless your regestered as classic or antique, He let you off pretty easy.. There are some grey areas with dot.. But usually green, IE the money leaves your pocket, and goes to them... :twisted:
 

ida34

Well-known member
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Take the statute number from the ticket then find the applicable law. Read it and if it looks like he is wrong take him to court bringing the law excerpt with you.
 

datsunaholic

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Tacoma, WA
The 30,000 GVW registration probably is what put it over the limit as far as the licensing/stickering requirements. Usually 26,001 is the dividing line (A Deuce is usually 23,050 or so GVW).

Whether 3-axles is an instant "Commercial" moniker varies from State to State.

The "Are 3-axle RVs Commercial" is a moot point- RVs are usually specifically exempted from Commercial code.
 

zb39

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PA
In PA , 3 axle rv are not commercial........do not know about any other state....Good Luck!
 

tjcouch

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Tampa, FL
§ 20‑4.01. Definitions.
(3d) Commercial Motor Vehicle. – Any of the following motor vehicles that are designed or used to transport passengers or property:
a. A Class A motor vehicle that has a combined GVWR of at least 26,001 pounds and includes as part of the combination a towed unit that has a GVWR of at least 10,001 pounds.
b. A Class B motor vehicle.
c. A Class C motor vehicle that meets either of the following descriptions:
1. Is designed to transport 16 or more passengers, including the driver.
2. Is transporting hazardous materials and is required to be placarded in accordance with 49 C.F.R. Part 172, Subpart F





I think you may have messed yourself up by registering it as a commercial vehicle in the first place.
 

11Echo

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Both of my trucks are licensed at 26,000 gvw and I have had no problems. I removed the second fuel tank from my civilian dump so that it only carries 50 gallon. of fuel now. That next one pound of gvw opens up all kind of doors for law enforcement.
 

bottleworks

New member
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Location
Central NC
They used to put the 3 axle warning on all NC registrations for some time. They stopped...
I asked about the fuel decal on here when they first starting doing that. No one knew.
I kinda gave up on researching those decals. I will give it another go.

I do seem to remember that whose warnings made it appear like "3 axles = fuel decal. No exceptions". But there were many loop holes and exceptions.
 

kc5mzd

Member
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16
Location
Texas
I registered my M35a2 at 18,000. I have IFTA fuel stickers on my work truck but it has apportioned plates. I thought that you had to have apportioned plates before you needed IFTA stickers. I could be wrong. If I were you the first thing I would do is to park the truck! You really did get off easy. Because it is over 26001 GVWR he could have inspected your truck and found enough to "red tag" it. If any of your brakes are out of adjustment its $250-$500 and you have to tow it to a shop and pay them however much they want to charge you to fix whatever they want to fix. No fire extinguisher can cost another $200. Have triangles? no, add another $200. Burnt out light bulb? add $200+. Oil leak? $250 + "red tag". No class B license can be a misdemeanor and include jail time. No medical card $+++. You could have easily lost your truck, your driver’s license gone to jail and had to pay thousands in fines.

Go back and re register your truck for 18,000 like it says on the dash. Find all your fuel receipts since you registered it. Take the registration, fuel receipts, and documentation that says the truck was manufactured to only carry up to 18,000 GVWR. Tell the judge you are sorry the people at the registration office made a mistake, this is your first Deuce and it won't happen again. You may also want to tell him that the truck was registered in his state and you purchased all your fuel there and paid in state fuel tax.
 

doghead

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You know this is going to deteriorate into another "cdl" discussion. I can see it coming. :deadhorse:

Or a "free legal advise" thread! :roll:

Anyone from Alaska, Hawaii, or Maine, have any helpful info that pertains to NC law?aua
 
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