Jimmy
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Most of you don't have to worry about Mr. Murphy (murpheys law), because he is usually sitting on my shoulders crapping down my back on a daily basis.
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I did not say that NY exempts RV's, did I.The second one is one I mentioned already, RVs. Used by a private individual for personal pleasure/travel means it's not commercial. Used by a sales rep to sell his brand of tools out of is commercial. If NYS excempts RVs based on equipment then they are technically in violation of the compliance requirements of the FMCSRs and the highway funding which is attached to said compliance
rmgill said:Laws that aren't applicable aren't loopholes. They're what they're intended or not intended for. The FMCSA regulates interestate commerciual use of Commercial Motor Vehicles. Where it gets interesting is where it trenches on states like New York or the like that excempt vehicles based on equipment and not use becuase that violates the base principles of the FMCSRs.sprucemt said:When applicable, I do run USDOT numbers, I do follow the law, and I do it safely. I no longer try to find loopholes in the law. It is not worth it.
Ryan you misread what I wrote.
I run my DOT numbers when required. I am not always required to do so. It is not a loophole nor did I imply that it is a loophole. As a seperate statement, I choose to follow the law vs trying to find a way around the law (loopholes).
Also; What is the difference between interstate commerce and intrastate commerce?
Interstate commerce is trade, traffic, or transportation involving the crossing of a State boundary. Either the vehicle, its passengers, or cargo must cross a State boundary, or there must be the intent to cross a State boundary to be considered an interstate carrier. Intrastate commerce is trade, traffic, or transportation within a single State.
If your operations include interstate commerce, you must comply with the applicable Federal safety regulations and Operating Authority rules, in addition to State and local requirements. You must notify the State in which you plan to register your vehicle(s) of your intentions to operate in interstate commerce to ensure that the vehicle is properly registered for purposes of the International Registration Plan (IRP), and International Fuel Tax Agreement (IFTA). The base State will help you by collecting the appropriate fees and distributing a portion of those fees to the other States in which you operate commercial motor vehicles.
If you operate exclusively in intrastate commerce , you must comply with applicable State and local regulations. The only Federal regulations that are applicable to intrastate operations are: the commercial driver's license (CDL) requirement, for drivers operating commercial motor vehicles as defined in 49 CFR 383.5; controlled substances and alcohol testing for all persons required to possess a CDL; and minimum levels of financial responsibility for the intrastate transportation of certain quantities of hazardous materials and substances.
NY State DOT enforces and regulates, in this state intra-state commerce.All other states should also regulate intra-state commerce with a specific dept.
But again, we disagree on what commerce is.
I'm addressing the differentiation between joe blow using a private vehicle and Joe Trucker using a CMV. There are Class B rated Motor Coaches out there that weigh more than a loaded 5 ton and a number of states exempt them on the basis of equipment.sprucemt said:I did not say that NY exempts RV's, did I.
But you make a valid point. So based on that statement any personal vehicle over 10001 lbs used in commerce, such as a duece, then needs either a state DOT # or US DOT #. May not have to have the numbers on the vehicle all the time, but when you are in commerce, they need to be on the vehicle.
So if NY doesn't like another state's license they refuse to recognize it? How's that work again? The whole point of a unified licensing scheme under the FMCSR's minimum standards is that other states CANNOT require you to get a license there to be legal (plus I believe it violates the full faith and credit clause of the constitution).sprucemt said:Bottleworks, if you can, please post a link to the NC licensing data. In 2005 NY removed all of the non-cdl licensing except for farm. You can review the data on the CDL post in conversations. I realize each state has different laws but what I see is posters thru out steelsoldiers, live nationwide and their opinions and beliefs (including mine, but I really try not to) may be misleading to members not residing in their area. The states were required to adopt FMCSA regs and some have and some have more slowly than others. With your NC license you would be driving illegaly in NY with the combo you just stated. Plus you would be inter-state commerce which is a whole nother subject. The FMCSA regs are supposed to eliminate that issue.
Good Call. This is what is going to kill us plus those that want to go faster than 50. Thanks to the one that starts this ball rolling.We can argue the legalities of verbage, but one thing NOONE here or anywhere else can change is the Laws of Physics.. When your pulling your "physically overweight for the vehicles brakes/steering/load capacity/whatever" your gonna be in a world of hurt when you cant control the vehicle..... And no laywer and all verbage in the world wont change anything in those few seconds when you figure out you lost control of the truck..
Everyone, when some MV'er kills some soccer mom and her minivan full of kids when the MV'er is within or not within the legal weights, licence class, etc, ALL of us are gonna pay when we give the Govt more ammo to stop sales, stop registration or take away our MV's.
So keep doing stupid things, haul 30,000# in a truck that has data plates for only carrying 6,000# max towed load, dont do a PMCS or pull maintaince on your truck... Then when you kill someone, after the legal stuff YOU go thru and the dust has settled with the lawsuits, when the the DMV/GOVT/GL somehow starts killing off the hobby more than they are already doing, when we get pissed at you, dont say a dam word...
Just my .02..................
That is good info.Don, as I've posted before, unless you're hauling in relation to a business or for some sort of renumeration (prize winnings are NOT renumeration), the FMCSA does not care if you've got a car or a 80,000 Gross Combined weight tractor/trailer setup. The relevant sections are 390.3 (f)(3). The definitions (in commerce) in part 383 also exclude our hobby vehicles from the DOT number/license requirements. Your minimum standard will be your state's license requirements. (the feds don't consider us commercial and don't care).
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