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. |
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. |
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. |
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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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. |
Some states have a Lesser Radius than what you said you were running. Mine is 100.
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A CDL vehicle is only 100 miles though some states, like IL, do allow 150 miles. Quote:
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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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I?ll try this again.
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Some ? ton duallys are rated at 11,000 pounds. Quote:
DRW = Dual Rear Wheel The E-350 is a van, the F-350 is a pick-up. Ford Commercial Site Quote:
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http://hazmat.dot.gov www.fmcsa.dot.gov Be safe. |
Forget it.
I guess Ill go ask my question where more people listen to whats being asking instead of trying to disect things they know nothing about. Been through the whole class 9 thing, and since my vehicles contain no fluids, no battery, no gas tank. They are no longer classified under the same class 9. And not rated anymore hazardous or flammable than a load of wood. The 150 mile radius says nothing at all about crossing state lines, only that I must keep an hours of service, I cant go over my daily hours, I must return home everyday, and that I do not have a CDL. From FMCSA.DOT.GOV "New Short-Haul Provision Drivers of property-carrying CMVs which do not require a Commercial Driver's License for operation and who operate within a 150 air-mile radius of their normal work reporting location: May drive a maximum of 11 hours after coming on duty following 10 or more consecutive hours off duty. Are not required to keep records-of-duty status (RODS). May not drive after the 14th hour after coming on duty 5 days a week or after the 16th hour after coming on duty 2 days a week. Employer must: Maintain and retain accurate time records for a period of 6 months showing the time the duty period began, ended, and total hours on duty each day in place of RODS. Drivers who use the above-described short-haul provision are not eligible to use 100 air-mile provision 395.1(e) or the current 16-hour exception in 395.1(o). " Besides, even if I had to carry a logbook, I would only have been in violation once I crossed the line, not 60 miles from home in my same state. Close the thread, this was pointless |
You never answere the question about your pick-up. Do you run a dually pick-up? With a 20' trailer, and junk cars I'ld say yes.
Hence a CDL is required and the 150 air-mile rule doesn't apply. Provide a VIN number and I can let you know the rating of your vehicle. A response cannot be made until all of the facts are acquired. Be safe. |
I can't even figure out why the OP came over here to ask a question when he seems to have all the answers! Until you get a actual ticket, why not just hush up and go get the next load..........
I'm done. |
goodluck
good luck!
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Log trucks in NW
They run state line and don't use a log book. 150 mile rule.They must have CDL.because 80,000 gvw and air brakes. I don't know about your situation. It's best to take tickets and rig to another DOT and get
an explanation of rules in your area. Would have to go to all states you want to operate in. |
There is a loophole in the law. You said your weight is listed at 26K. You might have to change it to 25999 and be able to say that you are "UNDER 26K". My son-in-law was doing that for years. He did, however, keep a logbook. He went from FL all the way up the east coast to MASS. He owned the rig and it was registered at 25,999. He hauled hot-tubs out of FL and cars back to FL. The whole time, he never had a CDL. He even had to have a DOT WAIVER for his physical because one eye had been removed when he was a kid. As long as everything was in order when he got pulled around behind the scale, he was fine.
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go to www.askthelaw.org scroll down to the red email button, submit your question and it will be sent to to proper law enforcment agency, that way, you wll get correct information.
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