From: MV (MV@dc9.tzo.com)
Date: Fri Jun 03 2005 - 11:36:21 PDT
Yep, you are right. But I've got a bonafide corporation and I'm dealing
with other corporations and they want everything to look right. Also I
think I would have had a hard time passing my rig for a "personal
vehicle". It's 66 feet long end to end and that's a big personal rig!
I think I can get by with that a lot easier with my M51 dump truck than
this rig. Plus if I keep everything commercial, my commercial liability
insurance is working and if someone drops something while loading the
truck, etc. I know I'm covered. Otherwise?? Who knows.
I probably could have gone with farm tags and setup a farm division of
the company, but those trucks are supposidly limited to 150 miles from
home base.
However from a commercial standpoint - the BS you have to put up with on
a CMV makes me wonder whether it is worth it. It certainly costs a lot
more than I had initially planned in both time and money. I've heard
that independant truckers are dropping out and I can see why. For a one
man show the legalities of trucking are pretty extreme with a lot of
upfront costs.
Dave
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
David Ashley wrote:
> Um ah why did you ?
>
> " Proper commercial insurance and registrations onboard for both truck and
> trailer."
>
> I think you put your self in this commercial arena buy having commercial reg
> and ins. I don't know how much business you do but I think a personal plate
> would have been a better option, Also I have heard the words "Not for Hire"
> go a long way of keeping you out of commercial areas. I think you need to
> go all commercial or all personal. Your business and the amount of income
> will dictate.
>
>
>
> -----Original Message-----
> From: Military Vehicles Mailing List [mailto:mil-veh@mil-veh.org] On Behalf
> Of MV
> Sent: Friday, June 03, 2005 8:20 AM
> To: Military Vehicles Mailing List
> Subject: [MV] My recent run in with the Commercial Vehicle Police - Indiana
>
>
>
> I just wanted to share my tale with you so you can possibly avoid this
> sitaution. I'd also like to hear about your experience with the CMV cops.
>
> Last week on the Friday before Memorial Day I was driving my 22 ft
> flatbed truck with my newly renovated gooseneck trailer attached, across
> Indiana.
>
> Here are the particulars:
>
> Truck:
> GMC 1984 Diesel 22 ft. flatbed straight truck with 28,000 GVWR on the
> door jamb plate.
> Indiana truck plates - 26,000 lbs tags registered in my companies name.
> Hydraulic disk brakes on all both axles.
>
> Trailer:
> Dual Tandem Gooseneck trailer with 16,000 lbs plates - trailer is really
> good for 24,000+ lb payload. Plates registered in my companies name
> also. Trailer was attached to the above truck via a gooseneck ball
> mounted in a well in the truck bed.
>
> Proper commercial insurance and registrations onboard for both truck and
> trailer.
>
> I was heading across Indiana when a semi blew by me and hit his horn
> pointing behind me. I had a cop on my tail with the lights flashing -
> but no siren. I pulled over.
>
> I was not breaking any laws apparently when the cop pulled me over.
> Commercial motor vehicles can be stopped without cause. It was my turn
> apparently. This was the first time I had the trailer attached to this
> truck.
>
> I was asked for my license (standard issue - non-CDL).
> I was asked for my medical card. I did not have one.
> The officer did a 100% inspection on my rig and found a tail light on
> the trailer has stopped working - everything else passed.
> I had the proper USDOT numbers on my truck.
> I did not have a truck inspection sticker or documents.
>
> She asked me how many trucks I had in my fleet. I only have one.
> She asked where I was coming from and where I was going and the plans
> for my trip.
>
> The officer told me that all 3 axle trucks and all combination vehicles
> with total GVWR weight ratings of over 26,000 require a CDL. I told her
> that the BMV told me that my truck did not require a CDL even though it
> says 28,000 on the rating plate (which they did).
>
> After the officer did an entire truck and trailer inspection, she mulled
> things over for a long time and finally said that she can't allow me to
> drive the vehicle because I don't have a CDL. She said that she really
> wished that she had not pulled me over since it was obvious that I was
> trying to do everything correctly.
>
> She said I needed to call someone who had a CDL to come and drive the
> vehicle from where it was. I made a couple of phone calls but I knew
> that no one was immediately available. After sitting on the side of the
> road on the back edge of the trailer for about 2 hours waiting for
> people to call me back - she re-emerged from the car and gave me a bunch
> of info - a department of revenue booklet with a bunch of pages turned,
> a warning ticket for no CDL and a tailight out, and an actual ticket for
> not having an IFTA fuel tax license and stickers. She then told me that
> she would follow me down to a truckstop. She pointed out that the
> truckstop was on a north-south county road and she drove on and did not
> stay with me at the truckstop. Since I had to go north anyway, that
> location was a convenient drop off point.
>
> There is a lot of confusion over the 26,000 lb limit for a CDL
> requirement. But the officer said that since the truck was rated for
> 28,000 it was clearly over even though the plates say 26,000 lbs. The
> fact that I had a combination vehicle with a total plated weight of
> 42,000 clearly put me in CDL land she said.
>
> I knew that by pulling the heavy gooseneck trailer that I was running
> the ragged legal edge pretty hard - but I didn't think I would get
> pulled over so quickly. The pullover and the almost 3 hour delay (while
> I paid for guys to wait for me at the destination) was costly. I have
> called the courthouse to find out what the situation is with the IFTA
> ticket and they could not tell me if it required a court appearance or
> if it was just a fine. I'm guessing it is a fine since it is not a
> moving violation, but who knows.
>
> This week I called the Indiana Department of Revenue - as they handle
> the IFTA licensing - this was all news to me but I'm sure heavy truckers
> are very familiar with this BS that they apparently have to deal with
> every 3 months. IFTA is all about fuel taxes and trucks and the states
> struggles to grab as much money from truckers as possible. If your rig
> is licensed over 26,000 lbs, and commercial - you have to get an IFTA
> license and stickers. Note that I said licensed - not rated. The DOR
> doesn't care if you rig is rated for 80,000 and licensed for 26,000 they
> said. The proof is when you run it across the scales. If you exceed
> your plates, or the maximum axle ratings - then you are in trouble.
> They also don't care if you have a CDL or not - the DOR is all about
> money. The cops at the scales and the CMV cops enforce the DOR laws.
>
> Then I found out about interstate laws with a rig over 26,000 lbs total
> licensed plates. My rig was officially at a total license weight of
> 42,000 lbs. (26K + 16K) Since the total rig is over 26,000 lbs she
> told me I would need trip permits to visit other states with this rig.
> (What? I already have plates - Indiana ones - what is this about I
> thought - again caught off guard!)
>
> If you take a rig that is over 26,000 lbs across your home state lines
> you either need an IRP apportioned plate or a trip permit to enter that
> state. (Yes, more BS) I told her I may be going to Michigan, IL, OH,
> and Kentucky and NY with my 42K licensed rig. I said how much would an
> IRP plate cost for that weight. She said about $942.00. The truck cost
> $1800!!! She said that I could get a credit for the unused portion of
> my Indiana 26,000 lb truck plate - which cost about $350.
>
> I checked on the cost of trip permits and they are not cheap, but a lot
> cheaper than an IRP plate. A 3 day pass to New York is $25, etc. Ohio
> about $15. You need a permit for each state you pass through. So much
> for the "United" States - this is expensive, and obviously very
> politically centered on the individual states. It's basically a big
> money grab from truckers. If you are an independant heavy truck owner
> operator - I have newfound respect for your ability to put up with all
> of this BS.
>
> Anyway - even though I am setup as a Private Carrier - I move my own
> commercial stuff - not for hire - this commerical truck stuff is darn
> expensive. Especially for only occasional use - which is what I bought
> the truck and trailer for - to haul machines that I purchase, rebuild
> and sell. I'm going through the CDL licensing process which I don't
> think will be much of a problem - just a time eater. Will it make me a
> better driver - probably not. But it will make me 100% legal.
>
> The lesson that I have learned from all of this is to avoid getting into
> the commercial end of truck situation if at all possible. I have an M51
> 5 ton dump with Indiana historical plates and I intend to keep it that
> way. If you attempt to go commerical with a truck like a 5 ton M54 type
> truck - make sure you have a lot of money to spend and you like to fill
> out fuel tax returns every 3 months as that is what is legally required.
> If you miss a filing there is a $50 fine. Also you will need trip
> permits to cross state lines. More BS. If you don't intend to use the
> vehicle for commerical use - stay as far away from the commerical stuff
> as possible - In fact I would avoid getting a CDL since it may make you
> look like you are a commercial driver attempting to skirt the law.
>
> If you are going to be using a truck for commercial use - go all of the
> way and do it 100% correct. You will just end up paying for doing it
> right or pay even more for doing it wrong. There seems to be no in
> between - at least that is the way I look at it now.
>
> I'd be interested to hear other people stories and experiences regarding
> this type of thing and how far you can push the envelope before the CMV
> cops come down on you.
>
> Do many people have 5 ton trucks licensed as CMV's. What about M35? If
> a vehicle is over 10,000 K lb GVWR and commerical it is suppose to have
> USDOT numbers (free to get) but it exposes you to more scrutiny.
>
> I have talked with some Commercial drivers and some have said that they
> have never been pulled over by the CMV cops. I think there are only
> about 10 CMV cops in the entire state of Indiana. Obviously last Friday
> was "not" my lucky day.
>
> Dave
>
>
>
>
>
>
>
>
>
>
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