Re: [MV] Overwidth Problem

From: Everett Doyle (194cbteng@pchnet.com)
Date: Fri Aug 25 2000 - 07:59:51 PDT


Timothy;

I did not take this a flame at all----

And you do not have to apologize to me for being a police officer

And to add to the confusion - CDL's are Federal Mandates -- tech. states
have not the authority to set less restrictive mandates than Federal
statutes do.

Personal opinion -- ever thing depends on circumstances that are in effect
when you are asked for CDL's. If person (official) asking for them wants to
the (law) has no effect. I have several close friends on Hwy. Patrol and
Weights and Scales, their consensus is ""write the ticket and let the courts
settle it""

As to overwidth/overweight permits -- I do not know that it is not possible
to get a yearly permit --= just know that when I asked about it I was told
had to get one for every trip -- but, I am not a company with a lobby in
Nashville that seems to be able to put a little money in the right hands and
get anything they want.

And you made an excellent point about getting it in writing -- NO ONE would
give me anything in writing and NO ONE could turn to code books and show me
what the statute said. Known as Cover your Butt.

I have a good friend that operates a towing service - he has a permit from
Tenn that in an emergency he can cross the median on interstate hwy. He was
ticketed in another county for doing this -- went to court -- judge said --
"do not care what permit says this is my county and we do not allow this
here -- get you a lawyer and see if you can get this 100.00 fine back"

Everette

> Everette,
> (by the way, this is not a flame but I see an opportunity to point
something
> out that should be obviouse to most folks but probably ain't)
>
> I acknowledge that in your letter you have made no claim for any states
> other than your experiences in KY and TN....however you may be doing some
> other readers a disservice by failing to point that out.
>
> For example, here in Texas, the need for a CDL (or no CDL) is based on
Gross
> Vehicle Weight Ratings or Combined Gross Vehicle Weight Ratings....nothing
> more....in fact, wether the vehicle is "in commerce" (or not) has nothing
> whatsoever to do with driver's license law and the requirement for a CDL.
> This is where the term "commercial" is most misleading as, in this
instance,
> it refers to a class of vehicle, rather than whether or not the vehicle is
> being operated "in commerce." So a guy operating an RV that qualifies for
> CDL (under Texas law), must have a CDL to drive it. (I will not confuse
the
> issue by discussing what he is exempt from under those circumstances cause
> that is another set of laws.) Oh, and another thing....I have seen more
> MISINFORMATION about CDL's and max vehicle dimensions handed out by police
> officers than I care to admit, since I am a police officer myself!
>
> Also, here in Texas and in some other states, permits for extradimensional
> vehicles or loads may be purchased for single trips or for a period of
time
> (a lot of factors come into play here) but take for example a crane
company
> that moves its equipment from job to job ALL the time. This is an example
> of types of companies (could also be individuals) that take advantage of a
> permit that lasts for, say, a year.
>
> The point I am trying to make has nothing to do with Texas laws, by the
> way.... I am merely trying to point out that those of us who participate
in
> this list are all very anxious to help others by passing on our knowledge
> and experiences to others.......... but as we receive this information
from
> others we all must be very careful to check what the laws are WHERE WE
> INTEND TO OPERATE our mil-vehs! And with that in mind, you can usually
find
> quite a bit of information by going to your browser and typing in the name
> of the state you are making an inquiry of plus something like "department
of
> transportation" or "traffic laws" or "driver's license laws" or something
to
> that effect. Or BETTER YET.....go to the source and make your inquiry
> with the governmental office that handles the stuff you want to find out
> about. Oh, and get the name of the person you spoke to.....just in
> case...and.....double check EVERYTHING.
>
> Oh and another thing, I have seen more misinformation about CDL's and max
> vehicle dimensions handed out by police officers than I care to
> admit.....expecially since I am a police officer myself!
>
> My best regards to all,
> TJ Smith
>
> -----Original Message-----
> From: Everett Doyle <194cbteng@pchnet.com>
> To: Military Vehicles List <mil-veh@skylee.com>
> Date: Thursday, August 24, 2000 6:49 PM
> Subject: Re: [MV] Overwidth Problem
>
>
> >I purchased a 115" wide truck from DRMO in Ft.Campbell, Ky. I got permits
> >and everything to drive truck home, After I got the truck home in
cleaning
> >out the glove compartment I found overwidth permit issued to National
Guard
> >unit in Tenn - good for one year -- if you get one you have to get it for
> >every trip.
> >
> >And as far as CDL's -- Tenn. said that if I was not paid to drive truck -
> >did not get paid for hauling anything - did not carry paying
passengers --
> >The would consider truck to be a RV and I was exempt from CDL -- but I
> >cannot haul anything for anyone and even accept a cup of coffee as
payment.
> >(truck weights 37000) and normaly anything over 26,000 calls for CDL's
> >
> >Everette
> >
> >>From my cold dead hands
> >
> >___
> >
> >I believe there are more instances of the abridgement of
> >freedoms of the people by gradual and silent
> >encroachment of those in power than by violent
> >and sudden usurpation's
> >
> >JAMES MADISON
> >
> >> Are you reading the specs including the mirrors? I don't think that
> >mirrors
> >> count in the width measurement.
> >>
> >> In Indiana it is 102" also. I'm pretty sure that is nationwide. 10
> >tonners
> >> are definitely overwidth. But the military doesn't need permits, so
what
> >do
> >> they care? Also if you run an overwidth semi or heavy truck you have
to
> >> have a CDL even if you are a farmer. Now someone should have told a
> >farmer
> >> I saw last year this. He decided to carry a combine head down the road
> >> cross wise on this flatbed truck. I think it was pretty close to 20
feet
> >> wide and I doubt that he had a permit!
> >>
> >> Dave
> >>
> >
> >
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>
>
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>



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