Everybody Who Tows a Trailer Should Read This
 

Hi All,
I spent some time this moring contacting several government agencies regarding the towing of trailers, RV's Motor homes,Commercial Operations etc. that effect us to and from the track. I've been involved in trucking for many years but I'm not an expert just sharing what I found and was told.

I contacted the Federal Motor Carrier Administration and also the New Jersey Department of Motor Vehicles, you can access their websites for further information. I copied several rules and regulations that I suggest you read and copy and keep with you. What I can tell you that allot of these rules are interpeted differently by Local Authorities. Being educated about this may help.

The person at the Federal Motor Carrier Safety Administration Field Office said that if we have a paying sponsor then we are subject to the same rules as a Commercial Carrier or if we are compensated for Racing, getting paid to race etc. it is considered a commercial Operation. I asked him where that rule could be found and he directed me to Rule 390 on thier site. (see below). Also asked abouth Length laws and he stated that each state has it's own laws. (see NJ,MV below).

I also contacted NJ Division of Motor Vehicles regarding the registration of the trailers we use, I mentioned that both my RV Trailer and Car trailer (Living Quarters) were registered as Private Utilitiy Trailers code 22 and they said that was correct, that they are not considered Commerical Trailers. If we get stopped out of state we should explain that is NJ law.(See below).

So, that's what I found out, I hope it helps, it's still pretty vague in some areas but if you know some of the rules and regulations it may help make an educated argument when stopped.

Regards,

Pat I
SG1809





Federal Motor Carrier Safety Administration

§571.3 Definitions.


[Editor's Note: Definition of “recreation vehicle trailer” will be added effective June 2, 2008.]
Recreation vehicle trailer means a trailer, except a trailer designed primarily to transport cargo, designed to be drawn by a vehicle with motive power by means of a bumper, frame or fifth wheel hitch and designed to provide temporary residential accommodations, as evidenced by the presence of at least four of the following facilities: cooking; refrigeration or ice box; self-contained toilet; heating and/or air conditioning; a potable water supply system including a faucet and a sink; and a separate 110–125 volt electrical power supply and/or propane. “Recreation vehicle trailer” includes trailers used for personal purposes, commonly known as “sport utility RVs” or “toy haulers,” which usually have spacious rather than incidental living quarters and provide a cargo area for smaller items for personal use such as motorcycles, mountain bikes, all terrain vehicles (ATVs), snowmobiles, canoes or other types of recreational gear.

§390.5 Definitions.
Unless specifically defined elsewhere, in this subchapter:

Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle—
(1) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or
(2) Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
(3) Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
(4) Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C.
For-hire motor carrier means a person engaged in the transportation of goods or passengers for compensation.
Gross combination weight rating (GCWR) means the value specified by the manufacturer as the loaded weight of a combination (articulated) motor 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 motor vehicle.
Interstate commerce means trade, traffic, or transportation in the United States—
(1) Between a place in a State and a place outside of such State (including a place outside of the United States);
(2) Between two places in a State through another State or a place outside of the United States; or
(3) Between two places in a State as part of trade, traffic, or transportation originating or terminating outside the State or the United States.
Intrastate commerce means any trade, traffic, or transportation in any State which is not described in the term "interstate commerce."
Motor carrier means a for hire motor carrier or a private motor carrier. The term includes a motor carrier's agents, officers and representatives as well as employees responsible for hiring, supervising, training, assigning, or dispatching of drivers and employees concerned with the installation, inspection, and maintenance of motor vehicle equipment and/or accessories. For purposes of subchapter B, this definition includes the terms employer and exempt motor carrier.
Private motor carrier means a person who provides transportation of property or passengers, by commercial motor vehicle, and is not a for-hire motor carrier.

NJ Department of Motor Vehicles:

Private utilities, house semi-trailers and trailers
All private utilities, house semi-trailers and privately used trailers are included in Code 22 regulations.

To register your vehicle, please visit an MVC Agency with proof of identification to complete an application (Form BA-49) and pay the registration fee. You will need to present a notarized bill of sale or a notarized statement of receipt from the seller that includes the following:
• Year
• Make
• Serial Number
• Name of buyer
• Purchase price
• Date and sellers signature
Every vehicle, including non-conventional vehicles, must contain a manufacturer's serial number. An Agency may only assign a serial number on homemade trailers.

To register a homemade trailer you need to visit an MVC Agency with acceptable proof of identification to complete an application (Form BA-49) and pay the registration fee.

As part of the inspection process, you will need to provide receipts for all parts used to build the trailer or a notarized statement and a certified weight slip if receipts cannot be provided.
• If the trailer is more than 2,500 lbs., you will need to complete an application for Certificate of Ownership for a homemade trailer

The law limits vehicles of this type to the following dimensions:
• Width 96 inches
• Height 13 feet 6 inches
• Length single vehicle 35 feet
• Length semi-trailer and towing vehicle 48 feet
• Length trailer and towing vehicle 58 feet
When figuring any dimension, safety equipment items (such as mirrors or lights) are not included if they do not exceed the overall limitations.
• If the GVWR (including load) is more than 3,000 lbs. or 40% of the towing vehicle's gross weight, the trailer must be equipped with brakes
• Vehicles of this type can only be operated with a special permit from MVC. To request an application for a permit, contact:
Motor Vehicle Commission
Motor Carriers Unit
225 East State Street
P.O. Box 013
Trenton, New Jersey 08666-0013
Commission: Locations | Vehicles | Licenses | Violations | Inspections | Commercial | About MVC | Contact Us
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Copyright © State of New Jersey, 2007

New Jersey Motor Vehicle Commission
P.O. Box 160
Trenton, NJ 08666
(609) 292-6500 or toll free in NJ (888) 486-3339
TTY (609) 292-5120
Contact Us

Last Updated: July 16, 2007

Re: Everybody Who Tows a Trailer Should Read This
 

Regulations relative to towing should be uniform from state to state, simple and written with a large dose of common sense. It's a pity that the govenments of the various states have made them so complex that even those charged with enforcement don't understand the law.

Re: Everybody Who Tows a Trailer Should Read This
 

WOW, Texas is 102" wide and 65' long.

Re: Everybody Who Tows a Trailer Should Read This
 

I think that may apply to commercial vehicles, The NJ List is for non-commercial.

Pat
SG1809

Re: Everybody Who Tows a Trailer Should Read This
 

It's for non-commercail.

Re: Everybody Who Tows a Trailer Should Read This
 

That's why it's such a pain trying to comply with all the different rules. If you get a ticket then it's up to you to fight it and if your out of state it makes it even more of a problem.

Pat
SG1809

Re: Everybody Who Tows a Trailer Should Read This
 

That's why I try to stay in state. Unless i win enough $ to pay for the ticket, LOL. But of course I would tell the cop that I lost 2nd round.

Re: Everybody Who Tows a Trailer Should Read This
 

"Boy, what you got in that there trailer?" The proper response is "Officer it is a show car and I am in route to a charity fundraiser." Face it if we win it is almost like charity and we certainly need the funds....Just kidding...

Re: Everybody Who Tows a Trailer Should Read This
 

Has anyone heard anything about a meeting they were supposed to have in nc today in reference to this 60 ft. Law...........go to google....type in north carolina maximum length law & click on the title 2007 update......it was signed august 17,2008

Re: Everybody Who Tows a Trailer Should Read This
 

Can't seem to find what your talking about Wayne. Saw nothing 2007 update - could be me as I'm not that literate!!!!

Re: Everybody Who Tows a Trailer Should Read This
 

Found it on Yahoo! And what does this mean in plain english?
Who's a lawyer out there???

Re: Everybody Who Tows a Trailer Should Read This
 

This is the update I believe Wayne was referring to: SECTION 4. G.S. 20-115, 2 B may be applicable for what we do, but I'm not sure how they will interpet this law. They may consider this again to be Commercial vehicles and not RV's and non-commercial operations.

Wasn't it fun when all we had to worry about was hitting the tree and dialing the car in?

Regards,

Pat
SG1809




GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007



SESSION LAW 2008-221

SENATE BILL 1695



AN ACT to make various changes to the motor vehicle laws related to drivers licenses, registration plates issued to farm vehicles, and vehicle size and weight limitations, as recommended by the joint legislative TRANSPORTATION oversight committee.


The General Assembly of North Carolina enacts:


SECTION 1. G.S. 20-7(a)(3) reads as rewritten:

"(3) Class C. - A Class C license authorizes the holder to drive any of the following:

a. A Class C motor vehicle that is not a commercial motor vehicle.

b. When operated by a volunteer member of a fire department, a rescue squad, or an emergency medical service (EMS) in the performance of duty, a Class A or Class B fire-fighting, rescue, or EMS motor vehicle or a combination of these vehicles.

c. A combination of noncommercial motor vehicles that have a GVWR of more than 10,000 pounds but less than 26,001 pounds. This sub-subdivision does not apply to a Class C license holder less than 18 years of age."

SECTION 2. G.S. 20-88(b)(3) reads as rewritten:

"(3) License plates issued at the farmer rate shall be placed upon trucks and truck-tractors that are operated exclusively in the for the primary purpose of carrying or transportation transporting of the applicant's farm products, raised or produced on his the applicant's farm, and farm supplies supplies. The license plates shall not be used on a vehicle and not operated in hauling for hire."

SECTION 3. G.S. 20-115.1(g) reads as rewritten:

"(g) Under certain conditions, and after consultation with the Joint Legislative Commission on Governmental Operations, the North Carolina Department of Transportation may designate State highway system roads in addition to those highways designated by the United States Secretary of Transportation for use by the vehicle combinations authorized in this section. Such designations by the Department shall only be made under the following conditions:

(1) A determination of the public convenience and need for such designation;

(2) A traffic engineering study which clearly shows the road proposed to be designated can safely accommodate and has sufficient capacity to handle these vehicle combinations; and

(3) A public hearing is held or the opportunity for a public hearing is provided in each county through which the designated highway passes, after two weeks notice posted at the courthouse and published in a newspaper of general circulation in each county through which the designated State highway system road passes, and consideration is given to the comments received prior to the designation.

(4) The Department may designate routes for one particular type of STAA (Surface Transportation Assistance Act) dimensioned vehicle when significant, substantial differences in their operating characteristics exist.

No portion of the State highway system within municipal corporate limits may be designated by the Department without concurrence by the municipal governing body. Also, the The Department may not designate any portion of the State highway system that has been deleted or exempted by the United States Secretary of Transportation based on safety considerations. For the purpose of this section, any highway designated by the Department shall be deemed to be the same as a federal-aid primary highway designated by the United States Secretary of Transportation pursuant to 49 USC 2311 and 49 USC 2316, and the vehicle combinations authorized in this section shall be permitted to operate on such highway."

SECTION 4. G.S. 20-115.1(b) reads as rewritten:

"(b) Motor vehicle combinations consisting of a semitrailer of not more than 53 feet in length and a truck tractor may be operated on the interstate highways (except those exempted by the United States Secretary of Transportation pursuant to 49 U.S.C. 2311(i)) and federal-aid primary system highways designated by the United States Secretary of Transportationall primary highway routes of North Carolina provided that:the motor vehicle combination meets the requirements of this subsection. The Department may, at any time, prohibit motor vehicle combinations on portions of any route on the State highway system. If the Department prohibits a motor vehicle combination on any route, it shall submit a written report to the Joint Legislative Transportation Oversight Committee within six months of the prohibition clearly documenting through traffic engineering studies that the operation of a motor vehicle combination on that route cannot be safely accommodated and that the route does not have sufficient capacity to handle the vehicle combination. To operate on a primary highway route, a motor vehicle combination described in this subsection must meet all of the following requirements:

(1) Any The motor vehicle combination must comply with the weight requirements in G.S. 20-118.

(2) A semitrailer in excess of 48 feet in length shall not be permitted unless:must meet one or more of the following conditions:

a. The distance between the kingpin of the trailer and the rearmost axle, or a point midway between the two rear axles, if the two rear axles are a tandem axle, does not exceed 41 feet; orfeet.

b. The semitrailer is used exclusively or primarily to transport vehicles in connection with motorsports competition events, and the distance between the kingpin of the trailer and the rearmost axle, or a point midway between the two rear axles, if the two rear axles are a tandem axle, does not exceed 46 feet; feet. and

(2)(3) Any A semitrailer in excess of 48 feet is must be equipped with a rear underride guard of substantial construction consisting of a continuous lateral beam extending to within four inches of the lateral extremities of the semitrailer and located not more than 30 inches from the surface as measured with the vehicle empty and on a level surface."

Re: Everybody Who Tows a Trailer Should Read This
 

Thanks Pat.
Still talks only of semi's - not motorhomes and we are overlength like most racers!!!.

Re: Everybody Who Tows a Trailer Should Read This
 

As per chris at lowes motor speedway......there was a meeting at richard childress racing...a major with the north carolina state police was there, the old law of 60 ft overall length is still on the books...., but......the major, in so many words has asked the troopers to use good judgement / common sense in this matter.............it has been resubmitted for review in the next few weeks...............but ..! There is no guarentee that if a hot shot trooper were to see you do something that doesn't look just right, or think you look a little long............the law is supported & you could get a $135.00 fine.........

11:48 am wednesday 08/27/08

Re: Everybody Who Tows a Trailer Should Read This
 

Overlength is going to be a hard one to argue. I don't think you can even apply for an overlength permit since it's not a Semi-trailer or a Commercial application.

Pat
SG1809

Re: Everybody Who Tows a Trailer Should Read This
 

DMV told me that if you were hauling a race car and won any $ you were then a commercial vehicle, if you weighed over 26,000 you had to have your cdl's, if you went more than 100 miles from home you had to have a fuel sticker and log book and alot of other BS. Telling the officers that your going to a car show for charity might not work anymore, the officer also said he hated the new changes because it put alot more work on them.

Re: Everybody Who Tows a Trailer Should Read This
 

When we talked to chris kouir at lms today, he said there was a meeting and there was a major from the nc state police there, the major said that he asked his troopers to use good judgement & common sense, but he could not tell them....don't issue any tickets.......its an old law that is under review, but its still a law....so if stopped an a ticket is issued its a $135.00...... Chris told me that everything " should" be ok.............look forward to seeing you, that was at 11:48 am today..........

Re: Everybody Who Tows a Trailer Should Read This
 

They say that a lot but they are wrong. In order for it to be a commercial vehicle you have to be sponsored or declare racing as a business on your taxes. That is what the Federal law says and that takes precedence over any state law. Also recreational vehicles are exempt from CDL, also federal.

Get a copy of the Federal reg's from Amazon, highlight the important paragraphs and bookmark the page. When you show them a federal law that contradicts them that should be enough.

Re: Everybody Who Tows a Trailer Should Read This
 

Just got an e-mail back from the f.m.c.a, they contacted nc highway patrol @ 919-715-8683...they confirmed the 60ft. Law , non-commercial vehicles towing on a ball......is an old law , but an active law that is under review by the state assembly

Re: Everybody Who Tows a Trailer Should Read This
 

I agree with what you sre saying about them being wrong but they can do what they want. Just like I was told in the toll booths on 95 in MD by a cadet in training that his Trooper said if you win a trophy it's considered a Commercial operation. They give you a summons and you have to prove them wrong. Being educated about the laws will help. Years ago a trooper tried to give me a summons for a container chassis I was transporting on my Flatbed Trailer, he said I was overlength. I knew the law, that it was an un-divisable load, qoted that, debated with him and he let me go. I saw him go back to his car and get out his rule book and he started to read, he didn't know the wording of the law.
Learn about this,comply with the state laws, have your stuff safe and hopefully you'll get by. Things like this happen every once and a while, a few years ago it was (in NJ) you had to have your name on your pickup truck for some reason and guys were getting pulled over for that.

I still think we should try to find out what restrictions there are for RV's, Motorhomes etc. and what license is required. I will call NJ Div. of MV tomorrow and post what I find.

Regards,

Pat I
SG1809

Re: Everybody Who Tows a Trailer Should Read This
 

Just found this on the NJ Dept of Motor Vehicles Website: Look at exemptions on the bottom:



Getting your CDL
RELATED LINKSBasic driver license6 Point ID VerificationMedical Examination Report [pdf] P-endorsement fingerprint application [pdf] To get your CDL you must meet the following qualifications:
Be at least 18 years old
Have a basic New Jersey driver license (Class D)
Have 20/40 vision in each eye (with or without glasses)
Be able to recognize red, green and amber colors
Be physically fit*
* Federal law requires commercial drivers to carry a medical examiner's fitness statement at all times and renew it every two years. Download the Medical Examination Report [60k pdf] before your appointment.


Application process
Visit your local MVC Agency
Pass the 6 Point ID Verification
Pay $35 permit fee. For your convenience, MVC Agencies accept American Express® card, MasterCard® card, Visa® card, checks, money orders and cash
You will receive your permit, a physical examination form and a fingerprint card from MVC, which will need to be completed
Apply for an endorsement
Take the CDL knowledge test and the CDL road test (Note: Class C licenses do not require a road test). Study ahead by reading the CDL Manual

Restrictions
CDL applicants under 21 years old may only travel within New Jersey and may not receive HAZMAT or passenger endorsements.


Exemptions
The following do not need a CDL for their purpose:

Taxi drivers (carrying less than eight passengers) and ride-sharing van drivers
Firefighters
Operators of rescue or first-aid squad vehicles
Farmers hauling their own products and equipment within 150 miles of their farms
Non-civilian operators of military equipment
Operators of construction equipment not designed for operation on public roads
Operators of recreational vehicles, provided the vehicle is being operated only for personal use


Commission: Locations | Vehicles | Licenses | Violations | Inspections | Commercial | About MVC | Contact Us
Statewide: NJ home | Services A to Z | Departments/Agencies | FAQ's | Privacy Notice | Legal Statement | Accessibility

Copyright © State of New Jersey, 2007
New Jersey Motor Vehicle Commission
P.O. Box 160
Trenton, NJ 08666
(609) 292-6500 or toll free in NJ (888) 486-3339
TTY (609) 292-5120
Contact Us

Last Updated: July 17, 2008

Re: Everybody Who Tows a Trailer Should Read This
 

the only bad thing is that we're not commercial.......so it works in jersey........cross the state line, new state, new rules...............commercial fall under federal interstate transit vs. intrastate transit.........then it becomes simple...THE FEDERAL MOTOR CARRIER SAFETY REGULATIONS TAKE OVER...........& THEN OPENS ANOTHER CAN OF WORMS........WE SHOULD BE CONSIDERED A CHARITABLE ORGANIZATION OF DRAG RACERS.........WE CONSTANTLY DONATE TO NHRA & IHRA...........& YES WE DO IT FOR THE "WALLY" BUT WHEN THEY PAY YOU ROUND MONEY THAT GENERATES A 1099 FORM...SO WE'RE SCREWED NO MATTTER WHAT...

Re: Everybody Who Tows a Trailer Should Read This
 

NO! We're NOT SCREWED. The Federal exemption, as Jeff Teuton has pointed out many times, allows for even COMMERCIAL VEHICLES to be used in non-commercial endeavors such as racing. The exemption basically states that INCOME must be declared as ORDINARY INCOME on your income tax, and you cannot claim EXPENSES to offset that income.

MOST HP's are mis-informed. We had a meeting at the State Capitol several years ago and covered this very thing. None of the HP's were aware of the exemption. We were getting nowhere until I got ahold of a State Senator who 12 years prior had been HEAD of the SD Highway Patrol. He laid it out for them, and that was the end of it. I've since been stopped several times while towing for other things here in SD, and all the patrolman have been more than polite and most even ask about the race car and racing.

Other States? Another story. In South Dakota, our dually pulling an enclosed is not required to have ANY tonnage stickers or plates. In fact, it is ILLEGAL for the State to sell us tonnage plates unless we ARE a commercial vehicle. We're lucky. In interstate travels, Federal laws apply, and we only have to meet OUR STATES licensing requirements. Unfortunately, most law officers don't like to be told that they don't know the law, so sometimes even if you're right, you're in for a long delay.

Jerry

Re: Everybody Who Tows a Trailer Should Read This
 

Just a curious question..........Is everyone worried about getting a ticket from the highway to the track, or just getting one on the highway? I heard that it is a very short distance from the highway to the new track in NC. I can't believe with the amount of people coming in, that there will be cops handing out tickets on the streets getting to the track............as long as no one is doing anything stupid.

Re: Everybody Who Tows a Trailer Should Read This
 

From what I gathered it's not just the track in NC but in PA, NY,NJ and other places. One of the guys in Division 1 got stopped on the PA Tpke. going to Maple Grove.

Pat
SG1809

Re: Everybody Who Tows a Trailer Should Read This
 

To me i guess its a little of both, either way , i'm not looking to get a ticket ....on the big road or little road................just not looking to donate to the state of north carolina......