Ok, fellas.......my qualifications are that I am a commercial motor vehicle
inspector and a qualified Texas license and weight officer.....so I know
something about this. I am one of your much-despised inspectors that you
all talk so much (and so badly) about. I examine interstate and intrastate
motor carriers.
(1) The federal motor safey guidelines are FEDERAL laws enacted to create
the "North American Standard" which is simply a method by which motor
carriers (and their drivers) can expect to be held to standardized rules
regarding the general operation and equipment standards of their vehicles
throughout the North American continent (i.e. Canada, United States, Mexico,
et al.)
2) To be enforced by a STATE or qualifying MUNICIPALITY (such as myself as a
police officer in San Antonio) these guidelines must be adopted as a whole
OR in part by the state legislature. (And by the way, for the benefit of
those of you who pooh-poohed municipal officers, I got my training seated
alongside the much vaunted Texas DPS State Troopers at their Academy. I
shall keep my comments for those of you who believe all municipal officers
are a bunch of uneducated fools to myself!)
(3) In some cases, the state legislature may not particularly care for parts
of the federal guidelines or perhaps are more comfortable with the wording
in their already established laws (so as not to confuse us poor uneducated
law enforcement types who cannot read....HA!). (Typically this exclusion
would not include vehicle equipment items which are manufactured to a
federal standard anyway.) In the case of Texas, we did NOT adopt portions
of the federal guidelines (particularly the CDL and insurance portions and
some others that are inconsequential to this topic at the moment) in favor
of similar Texas laws.
(4) As you know, (if you were awake in your high school government class
that day) states may NOT enact laws that are LESS restrictive than the
federal laws they mirror. This rule applies in any of these United
States.....AND.....to participate in the North American Standard program,
countries such as Canada and Mexico have agreed to abide by that general
rule. It is, after all, in their best interest to foster good relations in
that regard in order to improve and maintain their economies. Therefore
other STATE laws are either MORE restrictive than federal law, or at least
AS restrictive. But as a general rule, you will find that most laws
regarding the operation of commercial vehicles are quite similar. It would
make no sense for any state to be so restrictive that it put a stranglehold
on commerce, and legislators endeavor to enact laws that closely follow
other states for other obvious reasons.
(5) BUT, on the issue of commercial drivers licenses, if you come from out
of state and hold a clear and current CDL of that state that is appropriate
to the class of vehicle you operate, and you are inspected (even including
Canada or Mexico) your CDL W I L L be accepted......period........end of
story. Why?......Because, quite simply, CDL's are the highest TYPE of
license that any state issues and furthermore, (by way of example) a state
official has no authority to enforce out-of-state licensing requirements.
So if your state says you have the proper TYPE and CLASS of license for what
you are doing in interstate commerce, it's OK by the rest of us.
Oh and by the way........if you are operating NON-commercially you need only
a driver's license appropriate to the class of vehicle you operate. Here is
true life example for Texans.........remember I said "TEXANS"......the rest
of you may sit this out if you wish but I'd suggest you pay attention.
Tonight I looked at a 1993 Freightliner. I am considering buying it (and a
trailer somewhat later) for the purpose of hauling my Scout Car around, and
to allow me some latitude in case I decided to obtain an HMV that was
somewhat larger or heavier. Therefore my purpose for operating the big
truck and trailer is strictly as support for my crazy hobby.....no
remuneration involved...no favors for friends...no hauling parts to a
convention to sell em....just me and my green stuff going to God only knows
where to play.
Under these circumstances, three things occur. (1) I do NOT have to have a
CDL-type license....merely a DL- type license, as I am not engaged in a
commercial endeavor. (2) but Texas says I have to have the proper CLASS of
DL in ANY case....sooooooo, I would need a class "A" license (which is for a
vehicle with a combined gross vehicle weight rating *GVWR.....NOT GVW which
is gross vehicle weight* of AT LEAST 26,001# of which the trailer has a GVWR
of MORE than 10,000#)....and of course if I had no trailer and was just
bob-tailing around I could get by with a class "B" DL.
The THIRD thing is where most of you are missing the boat on this topic. IF
the vehicle is NOT being operated COMMERCIALLY then it is NOT SUBJECT TO A
COMMERCIAL VEHICLE SAFETY INSPECTION ! To prove the point I will give
another example. Joe Blow truck driver drives an 18 wheeler for Bubba's
Trucking Company but the day I stop him he is going home in the truck. He
has been released from duty, has no load and the company has allowed him to
use the truck for transportation to his home for a few days off. Can I
inspect him?.....NOPE. At that point the vehicle is NOT being operated
commercially. Simple, huh? So, if you are NOT commercial, can you be
weighed? Sure.....that's your state's weight laws being enforced.....not
safety regulations. Do commercial vehicle inspectors hang out at
weigh-strips? YUP....but that doesn't change a thing.
SO.....if I had my big rig and I was taking my Scout Car up to Washington
state by way of (DAH-DAH-DAH-DUMMMMMMM.....gulp!) California.....an
interstate journey.....for nothing more than the furtherance of my hobby and
all I had was my lil ol Texas class "A" DL, then the California Highway
Patrol and all their little buddies would have to accept it. Tough noogies,
boys!
With regards to an inspection, be assured they would WANT to inspect me but
in that my operation of the big truck is strictly private, they could not,
as inspections are only for COMMERCIAL vehicles and NO state has the
authority to inspect vehicles that are out of state non commercial.
I'm tired of typing, I've stayed up WAY past my bed time trying to educate
you and if you don't get it by now.....you ain't NEVER gonna get it! If you
have a question, contact me off list because if you do it on the list,
you'll just confuse the others.
Regards,
TJ
This archive was generated by hypermail 2b29 : Mon Mar 05 2001 - 07:58:31 PST