-----Original Message-----
From: jonathon <jemery@execpc.com>
To: Timothy Smith <timothy.smith1@worldnet.att.net>
Date: Thursday, February 15, 2001 9:03 AM
Subject: Re: [MV] CDL etc etc etc.
>So if I'm reading this correctly then Texas has A, B, and I'm assuming C,
D,
>etc and then they also have A- CDL, B-CDL, etc?
>
>Frankly I don't know what all the hoopla is, it does not take that long, it
does not
>cost that much ($280 + $70 for test) and I think we'd all be better off the
>more of us that do this anyway.
>
>OK, so now for the question. Your in a position of authority to inspect
>commercial motor vehicles, correct? I am driving along thru the vast
>expanses of Texas in my M35 with a Wisconsin class F (20k#) plate and
>pulling a 21k# rated trailer with something on it (i.e. I am over 26k# cgvw
>and trialer is over 10k#). You stop me, how do you know, or how do I prove
>to you that I am not hauling commercially? If I am hauling commercially
>then I'd have paperwork to that effect, if I am not then I have no
>paperwork. How do you determine who is hauling for profit and who is
>hauling for thier own personal use?
Answer: Commercial or NON commercial use is determined by the inspector
through an interview and observation. There are lots of folks out there who
don't have a clue as to what they are doing and have none of the
'traditional' paperwork that professionals carry that fall into the
Commercial catagory. Here in San Antonio, we try to educate them while
taking the required enforcement steps (such as those in the out-of-service
criteria) and this does not always mean they get tickets!
Proving beyond a shadow of a doubt you are not hauling commercially can
sometimes be very difficult and care should be taken to be prepared for such
an interview. Circumstances change with each trip. I would think having
some MVPA literature or your MVPA membership card would be worthwhile.
Jon, just between you and I, someone else who is reading this right now is
formulating a plan to construct an elaborate lie for use if interviewed.
DANGER-WARNING! Our interview techniques are subtle and polished. There is
always some guy out there who thinks he is the original McCoy. Do NOT,
under any circumstances, lie to an inspector as he WILL be dancing on your
grave before the inspection is completed!
>
>Second, and last, question. If I am hauling privately, not for profit, not
>commercially, then must my lights conform to the DOT requirments? Or if
the
>lights are in the original manufacterers condition, is that enough? (ok, so
>it was two more questions)
Answer: The Federal Motor Carrier Safety Regulations are the same as the
Federal manufacturing standards that all civilian vehicles are created
under. Obviously, many military vehicles are manufactured under a different
standard and certain lighting and reflectors are omitted when they were
made. So you MUST have the minimum required lighting (such as you would
find on, say, a common commercial tractor-trailer) to operate commercially.
You will find these lighting requirements in 393.11 of the Federal Motor
Carrier Safety Regulations. There are no special exceptions/exemptions for
former military vehicles in the FMCSR.
If you are operating NON commercially then you get all the
exceptions/exemptions your state law permits you to have, anywhere in the
United States. Remember what I said.......no state has the authority to
enforce its inspection rules on non commercial vehicles from other states.
>
>thanks,
>
>je
>
>
>
>>
>
>
This archive was generated by hypermail 2b29 : Mon Mar 05 2001 - 07:58:31 PST