Re: [MV] Confused in CA about M35 rules.

From: DaveCole (davidcole@tk7.net)
Date: Mon Feb 28 2000 - 19:25:12 PST


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Does the Farm Truck exemption fly in California? I know that if you live in the
city it may be difficult to argue. But if you look in the CDL license manual
there should be an exemption for "Farm Truck" usage. Basically if you are hauling
your own stuff, dirt, supplies, etc anything related to your own "farm", then you
don't need a CDL. Nowhere does it suggest what a "farm" is. In rural Indiana, no
one even blinks when you say "Farm" use. I don't think you guys are getting
creative enough! The federal CDL laws have huge holes in them to allow farmers
to use, own, and operate heavy trucks with no CDL or commercial hassles.

Dave

mblair1@home.net wrote:

> *This message was transferred with a trial version of CommuniGate(tm) Pro*
>
> "Henry" <henrya@jps.net> wrote:
> > Well, I'm confused. I registered my M35 after driving it here from
> > Idaho without a license or registration or a CDL. I just went into
> > DMV with the paperwork from Idaho that Alex gave me. It took the guy
> > about 30 minutes to figure out how to register it. It is registered
> > as an historic vehicle, which exempts it from weight fees, and
> > according to him, my need for a special license. The license fees
> > are only 60 bucks per year, no weight fees, no smog.
>
> When I got my M109A3 (like an M35A2, but with a shop van body) several
> months ago, I researched this topic quite a bit, including talking to
> the DMV, talking to the commercial enforcement guys at CHP, and
> reading the pertinent sections of CA Vehicle Code myself (they're
> on-line at http://www.leginfo.ca.gov/). The topic got beaten to death
> on this list back in early November, and I figure it'll be re-hashed
> over and over in the future... All of you folks lucky enough to live
> in the USA may hit the delete key; California residents please read
> on... :-)
>
> If I am not mistaken, you're correct about everything *except* the
> need for the special license. I am also registering my 2.5-ton as a
> historical vehicle, and insuring it as such through J.C. Taylor.
>
> The guy I talked to in the commercial enforcement division at CHP
> (unfortunately, I do not recall his name) said that the historical
> plates do not remove the requirement for having a class B CDL. I could
> not find anything which suggested that they would in the CVC when I
> searched it myself. A year or two ago, a MIL-VEH list member said that
> he had heard that there was a court case which determined that the CDL
> would not be required with a historical vehicle, but the guy at CHP
> had not heard of any such thing, and the list member did not provide
> any case number(s) or name(s). In particular, section 12804.9(b)(2)(B)
> describes the licensing restrictions by vehicle type, and the sections
> pertaining to historical plates make no mention of different licensing
> requirements.
>
> > I haven't even put the license plates on, just carry them with me, and no
> > one asks, yet.
>
> I think that you still need to mount the plates, and light the rear
> one. The CVC sections I could find pertaining to historical plates
> made no mention of not needing to mount them. I recommend that you call
> up CHP and ask about that.
>
> I've said it before, and I'll say it again: I really, truly, want to
> be proven absolutely wrong on this one. Many list members have stated
> that they didn't think that CDL should be necessary for non-commercial
> use of my truck, but the CA Vehicle Code and the guys who write the
> tickets both seem to disagree. So far, to my knowledge, nobody has
> produced anything authoritative to refute that. I'd be very happy if
> anybody could produce a vehicle code section number, case number, etc.
> which would prove to me (and the DMV, and the CHP) that I can legally
> drive my historical-plate deuce in CA with my class C license (even
> though I have already paid for the class B and the medical card, and
> just need to take my drive test).
>
> --
> Mark J. Blair, KE6MYK <mblair1@home.net>
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