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Old 07-25-2013, 04:48 PM   #1
cicero819
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Default Re: Towing issues / updates

Quote:
Originally Posted by J.LISA View Post
I was pulled over in ny on 84 on my way to epping national
haulmark toter and 30ft stacker.Im lucky to get a misrible female trooper
she asked whats in the trailer me being honest says race cars,next thing
follow me to the next exit.she does a full inspect on truck &trailer including
inside trailer.long story short,since they were racecars,entry fees are being
paid and winnings being paid it becomes a federal issue therefore a cdl is
required.also a log book,an medical card.so i waited 4hrs for a friend with a cdl
to come an drive my rig away.so i suggest if ya get pulled over show car in the trailer
Joe, good thing she stayed because she could have had you towed at your expense. I can't believe she wasted 4hrs of her shift waiting there. You need to get her and whoever she answers to, and explain to them that they're wrong(49 CFR 390.3(F)(3) provides an exemption from the Federal Motor Carrier Safety Regulation. All over Canada and the U.S. States and City are trying new ways to fill their depleted coffers and how better way than taking from the have's and giving to the have's not. Believe me there is still some good people at these DMV you just have to dig and dig until you find one that will not BS their way out of finding the right answer. Carry that law explanation with you in your vehicle and be knowledgeable enough to stand your ground.Claude Ruel
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Old 07-25-2013, 04:58 PM   #2
voltdr
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Default Re: Towing issues / updates

I was told by the DOT TX office in Dallas, that if you connect a trailer with a GVW over 10001#, you need a CDL. The newer Duallies are rated at 14000#. My stuff weighs just over 21000#. One DPS officer said I don't need a CDL because of weight. DOT says because my trailer is rated at 12000# I do, regardless if I race for money or NOT. I doesn't matter if it's a MH or not.
Even if you are correct you still may be stuck somewhere waiting on someone with the proper CDL to move your stuff.
Dan Foley
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Old 07-25-2013, 05:39 PM   #3
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Default Re: Towing issues / updates

I am reasonably sure CDL does not start until 26000 lbs. Every truck manufacturers makes a special truck that the GVW is 25,900 or 25,999. GVW is determined by the axle capacities and frame. That is from many audits by the IRS and from the head of taxation for Navistar International. It is up to the manufacturer to establish this rating. I will check with someone smarter than me and get back to this string. We have 1600 leased medium and heavy trucks, and stay informed on this stuff. The IRS focuses on the 'fifth wheel' as an issue on FET which is 12% of the selling price. Motor Homes are not normally subject to this. FET starts @ 33,000 GVW or a Tractor Package. Now does a toter that is in a company name and have a fifth wheel qualify. Just another little gray area. DOT starts @ 10000 lbs is correct, but on smaller stuff normally enough tag to cover what you have is enough. The CDL he is referring to is because of the trailer. This stuff becomes Greek or Russian if you look at it long enough, and I can assure you the officers are not notebook. They just get taught the highlings like "are you getting paid" just to issue tickets. Those guys should be enforcing CMV's as the law was not designed for the amatures like us except by some gooneybird trooper that don't like race cars (boats, horses, etc). Fortunately most troopers are enforcing the laws on CMV's like they should, but that occasional one that first don't know the law, 2 don't like people places or things, and third I just don't know now. More later.
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Old 07-25-2013, 07:07 PM   #4
V M Kauffman
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Default Re: Towing issues / updates

The thing you all keep forgetting is that this section of the Fed register that is thrown around is Federal standards there are two different standards that are in law Federal and State laws. The real problems in all this is that the states are enforcing some of the Federal laws. The deal about the 10,000 lb is any Combined combination of truck and trailer that is over 10,001 lb and used commercially is subject the whole CDL thing it is in the Fed resister that Joe is quoting



Quote:
Originally Posted by Jeff Teuton View Post
I am reasonably sure CDL does not start until 26000 lbs. Every truck manufacturers makes a special truck that the GVW is 25,900 or 25,999. GVW is determined by the axle capacities and frame. That is from many audits by the IRS and from the head of taxation for Navistar International. It is up to the manufacturer to establish this rating. I will check with someone smarter than me and get back to this string. We have 1600 leased medium and heavy trucks, and stay informed on this stuff. The IRS focuses on the 'fifth wheel' as an issue on FET which is 12% of the selling price. Motor Homes are not normally subject to this. FET starts @ 33,000 GVW or a Tractor Package. Now does a toter that is in a company name and have a fifth wheel qualify. Just another little gray area. DOT starts @ 10000 lbs is correct, but on smaller stuff normally enough tag to cover what you have is enough. The CDL he is referring to is because of the trailer. This stuff becomes Greek or Russian if you look at it long enough, and I can assure you the officers are not notebook. They just get taught the highlings like "are you getting paid" just to issue tickets. Those guys should be enforcing CMV's as the law was not designed for the amatures like us except by some gooneybird trooper that don't like race cars (boats, horses, etc). Fortunately most troopers are enforcing the laws on CMV's like they should, but that occasional one that first don't know the law, 2 don't like people places or things, and third I just don't know now. More later.
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Old 07-25-2013, 07:54 PM   #5
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Default Re: Towing issues / updates

As far as federal find the USC(U.S. code). When I joined the the Coast Guard it was still run by DOT. 82USC comes to mind but its been awaile and that might be just for boats. USC is the laws. Now find the CFR (code of federal regulation) that goes to the USC. The CFR is used to regulate the USC. No CFR for a USC then the USC is meaningless, at least from a law enforment stand point. This is for federal, state is not my area. If i had more time I'd did a little deeper but the FRA is keeping to busy. Take it for what it is, just the way I was able to learn and understand it.
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Old 07-26-2013, 08:48 AM   #6
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Angry Re: Towing issues / updates

As i have said before on this matter i just wish the dot, nj state police and nj dept of motor vehicles could all get together:
3 years ago after speaking with a friend of mine who was a current nj state trooper and another friend who was a police cheif in monmouth county i was told by both of them that after researching ,the only thing i needed to do to be legal in nj at least with my 26 ft trailer and chevy dually was to be sure i had the truck registered for the total combined weight of the truck and trailer, no cdl required, i latter decided to try and get my class a cdl anyway, i went to nj dept of motor vehicles with a picture of my dually and trailer and said i wanted to start the process to get a cdl, and this is what i would be using the license for, and taking the test in as the law states you are to test in the combination you will be driving, those dmv guys are probably still laughing at me , as they said you dont need a cdl to operate that type of rig in nj !!!and you could not use that type of rig to test for cdl anyway!!!!!WTF!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!
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Old 07-26-2013, 09:54 AM   #7
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Default Re: Towing issues / updates

Here's an interactive map of the U.S. and Canada that displays local towing laws -

http://towingworld.com/towinglaws.cfm

There are also links to State and Province DMV/DOT offices. While it seems VERY confusing, most of the answers are out there if you know where to look for them.


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Old 07-26-2013, 10:24 AM   #8
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Default Re: Towing issues / updates

Quote:
Originally Posted by jim powers View Post
As i have said before on this matter i just wish the dot, nj state police and nj dept of motor vehicles could all get together:
3 years ago after speaking with a friend of mine who was a current nj state trooper and another friend who was a police cheif in monmouth county i was told by both of them that after researching ,the only thing i needed to do to be legal in nj at least with my 26 ft trailer and chevy dually was to be sure i had the truck registered for the total combined weight of the truck and trailer, no cdl required, i latter decided to try and get my class a cdl anyway, i went to nj dept of motor vehicles with a picture of my dually and trailer and said i wanted to start the process to get a cdl, and this is what i would be using the license for, and taking the test in as the law states you are to test in the combination you will be driving, those dmv guys are probably still laughing at me , as they said you dont need a cdl to operate that type of rig in nj !!!and you could not use that type of rig to test for cdl anyway!!!!!WTF!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!


I figure that would be the case in most states.
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Old 07-26-2013, 02:30 PM   #9
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Default Re: Towing issues / updates

Quote:
Originally Posted by jim powers View Post
As i have said before on this matter i just wish the dot, nj state police and nj dept of motor vehicles could all get together:
3 years ago after speaking with a friend of mine who was a current nj state trooper and another friend who was a police cheif in monmouth county i was told by both of them that after researching ,the only thing i needed to do to be legal in nj at least with my 26 ft trailer and chevy dually was to be sure i had the truck registered for the total combined weight of the truck and trailer, no cdl required, i latter decided to try and get my class a cdl anyway, i went to nj dept of motor vehicles with a picture of my dually and trailer and said i wanted to start the process to get a cdl, and this is what i would be using the license for, and taking the test in as the law states you are to test in the combination you will be driving, those dmv guys are probably still laughing at me , as they said you dont need a cdl to operate that type of rig in nj !!!and you could not use that type of rig to test for cdl anyway!!!!!WTF!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!
I tried to change my registration (probably at the same DMV office) to cover the combined weight. And I was told I could not do it. Spoke to a trooper had no answer to my question.Can't get an answer,but I bet I can get a ticket!
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Old 07-25-2013, 06:27 PM   #10
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Default Re: Towing issues / updates

Quote:
Originally Posted by voltdr View Post
I was told by the DOT TX office in Dallas, that if you connect a trailer with a GVW over 10001#, you need a CDL. The newer Duallies are rated at 14000#. My stuff weighs just over 21000#. One DPS officer said I don't need a CDL because of weight. DOT says because my trailer is rated at 12000# I do, regardless if I race for money or NOT. I doesn't matter if it's a MH or not.
Even if you are correct you still may be stuck somewhere waiting on someone with the proper CDL to move your stuff.
Dan Foley
Dan, I live in TX also and all you need is a Class A not a CDL.
CDL is for commercial and the Class A is a Non-Commercial version for recreational use for the trailer over the 10,000 lbs. Class A covers it all. You take the same written test as the CDL and a drivers tests also just like the CDL just no physical and no log books required.
Been there done that.
Rick Cates
Canyon, TX
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