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Old 10-13-2006, 12:47 PM
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Default Bad Run in with DOT/Bear. Now I have Q's HELP!!!

OK, I run my own truck and trailer, and stay local. I do not run "for hire". I decided being able to go over state lines might help so I got my DOT number, however I never went over my 150 air miles, so I just kept a HOS report as opposed to a log book. Yesterday I decided to go out of state, (air miles are 113 miles) which are still under the 150 air miles Im allowed, Reg 395.1 since I do not have a CDL. Anyways, I going across the interstate and I get pulled over. Bear asks me why Im weaving, and I couldnt answer him(it was either 20+ mph winds, or me trying to see whats up since he was in my blind spot) However I wasnt all over both lanes, but with a load 10' high and 35' long it doesnt take much to sway a truck with 20 mph winds.

Anyways he starts doing a check and 2 DOT bears pull in. They all BS, check a few more things and then the DOT bears get in the van and are ready to leave. The Bear comes back up and starts about that he doesnt have time right now and that he will be sending me 2 tickets in the mail. He finished, at which time I asked "what are the 2 tickets for?"

He said 1 for a logbook violation, and 2 for holes in the trailer (because my car trailer has an open center on it factory. He also said he could take me OOS for a logbook violation, but for me to get a logbook and fill it out-he then left me go.

OK. 1st of all, is a logbook violation even legit, since 1. I was only 71 air miles from home(not in violation at that time), and for the fact that the FMCSA says in writing that I qualify under the 150 air mile radius?

2nd of all, I have been through 2 other DOT inspections in my same state, and never had any mention of my trailer floor. WTF?

I never signed anything, nor did DOT make any report. It just put a real damper on the day since I have no idea what is next.
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Old 10-13-2006, 12:54 PM
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I would wait for the tickets before I got excited. They might not ever come as he was probably just trying to say something to you to justify hasseling you.

Good luck.
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Old 10-13-2006, 01:04 PM
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Thats what Im hoping. Iadmit Im a young-un-26 years old, but im financing this whole thing on my own, and have started from scratch hauling junk cars. I have been told you will be looked upon the same as a trash hauler. But I do try to run safe and legal.

I guess we will see.
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Old 10-13-2006, 03:15 PM
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Default Wake-up Call

You didn't have a "Bad Run in with DOT/Bear", you had a wake-up call. "since I do not have a CDL" You don't state what the GVW of your rig is, but if you're conducting a business, I doubt a 4-wheeler license covers you. What other things aren't you legally doing because you want to run a business on the cheap? "what is next" is to get legal. "I have been told..." Who "told" you, a transportation lawyer? BOL
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Old 10-13-2006, 08:07 PM
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I didnt think it was needed, therefor It was not given. I have class 8 tags, pay $416.00 a year to have them. Its good to 26k. My truck is listed at 10k and trailer at 16k.

I have spent some good money to be legal and not cheap. I dont appreciate the fact you think im trying to cut corners, since you have no idea about my situation so kiss my azz.

I do not have a problem with anything registration required, been through DOT checks more than I wish, and never once had a problem. I just ordered the steel and will weld a center in the trailer to the tune of $409 and change. Again I understand where he is coming from even though it was never said to me in the past. However I do know my DOT regs, and 393.1 states that I have not committed a log book violation.

And yes since you need all my personal info sealord, I carry commercial insurance for the exact items I haul for 750k liability, and Motor Carrier enforement stated that most of the scrap haulers are cutting corners, therfor I will be looked upon.


Want my DOT number so you can check me through the SAFER system? Because all of my inspections have came back 100% clean, except for an early OOS due to a fuel leak which had developed between stop and inspection, fixed and on my way.

People like you think you know....but really have no idea. Some of us do our research, so of us spend the money to be legal, but unlike you are not perfect and do have a few things slip up here and there.

For any others that offer good advice, Thank you. I do appreciate your help, and Im trying to run legal. I have been in the transportation/trucking industry since i was born, and I have seen what piss-poor setups get you. My dad has always tried to run legal(for the most part) and has taught me well.
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Old 10-13-2006, 08:30 PM
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Some states have a Lesser Radius than what you said you were running. Mine is 100.
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Old 10-14-2006, 02:37 AM
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Quote:
Originally Posted by yoopr
Some states have a Lesser Radius than what you said you were running. Mine is 100.
If the vehicle is non CDL then it is 150 air miles according to federal regs.

A CDL vehicle is only 100 miles though some states, like IL, do allow 150 miles.

Quote:
e)(2) Operators of property-carrying commercial motor vehicles not requiring a commercial driver?s license. Except as provided in this paragraph, a driver is exempt from the requirements of ?395.3 and ?395.8 and ineligible to use the provisions of ?395.1(e)(1), (g) and (o) if:

(e)(2)(i) The driver operates a property-carrying commercial motor vehicle for which a commercial driver?s license is not required under part 383 of this subchapter;

(e)(2)(ii) The driver operates within a 150 air-mile radius of the location where the driver reports to and is released from work, i.e., the normal work reporting location;
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Old 10-14-2006, 03:37 AM
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Didn't you say you crossed the state line? If so, then yes, you have to use a log book.
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Old 10-14-2006, 03:42 AM
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Quote:
Originally Posted by Malaki86
Didn't you say you crossed the state line? If so, then yes, you have to use a log book.
Which is what I said on another Thread.
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Old 10-14-2006, 04:00 AM
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I?ll try this again.

Quote:
I wasnt all over both lanes, but with a load 10' high and 35' long it doesnt take much to sway a truck with 20 mph winds.
Are you using a 1 ton dually pick-up?

Some ? ton duallys are rated at 11,000 pounds.

Quote:
Ford Fleet Highlights

Commercial E-News

February 8, 2006

'At 10,000 lb' GVWR Offerings on F-350 SRW Pickups and E-350 DRW Cutaway (138" Wheel Base) and Stripped Chassis (All WB's)

The 'at 10,000 lb' GVWR is a significant option because of the Federal Motor Carrier Safety Regulations (FMCSR). This option has been provided due to individual States & Municipalities increasingly adopting the 'interstate commerce' regulations for 'intrastate' operations and the impact of these regulations on trucks with GVWR's at or above 10,001 lbs. The FMCSR impose additional driver (i.e. driver hours of operation) and vehicle (inspection, repair, maintenance) logging requirements, insurance minimums, and other requirements that can be very costly for Fleets to implement. An 'at 10,000 lb' GVWR truck is not subject to the FMCSR regulations. For a greater understanding of FMCSR requirements visit the National Truck Equipments Association's website.
SRW = Single Rear Wheel

DRW = Dual Rear Wheel

The E-350 is a van, the F-350 is a pick-up.

Ford Commercial Site

Quote:
My truck is listed at 10k and trailer at 16k.
The CDL is driven by the MANUFACTURER?S GVWR not the registered weight.

Quote:
Commercial motor vehicle (CMV) means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle-

(a) Has a gross combination weight rating of 11,794 kilograms or more (26,001 pounds or more) inclusive of a towed unit(s) with a gross vehicle weight rating of more than 4,536 kilograms (10,000 pounds); or

(b) Has a gross vehicle weight rating of 11,794 or more kilograms (26,001 pounds or more); or

(c) Is designed to transport 16 or more passengers, including the driver; or

(d) Is of any size and is used in the transportation of hazardous materials as defined in this section.

Gross combination weight rating (GCWR) means the value specified by the manufacturer as the loaded weight of a combination (articulated) vehicle. In the absence of a value specified by the manufacturer, GCWR will be determined by adding the GVWR of the power unit and the total weight of the towed unit and any load thereon.

Gross vehicle weight rating (GVWR) means the value specified by the manufacturer as the loaded weight of a single vehicle.
So if your pick-up is rated at 10,001 pounds or more, your trailer 16,000 then you must have a Class A CDL.

Quote:
And yes since you need all my personal info sealord, I carry commercial insurance for the exact items I haul for 750k liability, and Motor Carrier enforement stated that most of the scrap haulers are cutting corners, therfor I will be looked upon.
The $750K could be a problem:

Quote:
Thats what Im hoping. Iadmit Im a young-un-26 years old, but im financing this whole thing on my own, and have started from scratch hauling junk cars. I have been told you will be looked upon the same as a trash hauler. But I do try to run safe and legal.
Quote:
?387.9 Financial responsibility, minimum levels.
The minimum levels of financial responsibility referred to in ?387.7 of this subpart are hereby prescribed as follows:

SCHEDULE OF LIMITS
(Public liability)


(3) For?hire and Private (In interstate or foreign commerce: in any quantity; or in intrastate commerce, in bulk only; with a gross vehicle weight rating of 10,001 or more pounds)

Oil listed in 49 CFR 172.101; hazardous waste, hazardous materials and hazardous substances defined in 49 CFR 171.8 and listed in 49 CFR 172.101, but not mentioned in (2) above or (4) below

$1,000,000
Cars (automobiles are a Class 9 hazardous material listed in the hazardous materials regulations, i.e. 49 CFR Part 172.101:

Quote:
Automobile, motorcycle, tractor, other self-propelled vehicle, engine, or other mechanical apparatus, see Vehicles or Battery etc.

Vehicle, flammable gas powered, 9, UN3166

Vehicle, flammable liquid powered, 9, UN3166
There are exceptions for some Class 9 material from placards and shipping papers when in domestic transportation. However, since automobiles are listed in the HMT, the $1,000,000 of insurance is required.

http://hazmat.dot.gov

www.fmcsa.dot.gov

Be safe.
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