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#11 |
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Join Date: Aug 2007
Location: California, Ky
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Question here:
Can you refuse to let them look inside the motorhome and trailer without a warrant? I would think you could then they wouldn't know what you have in there.
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Kris Rachford 69 Cobra 428CJ 4 Speed C/S 3032 |
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#12 |
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Motorhome yes, trailer if it's registered as an RV
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Chad Rhodes 2113 I/SA |
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#13 |
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This is from the DOT handbook:
390.3(f) Exceptions. Unless otherwise specifically provided, the rules in this subchapter do not apply to - (f)(3) The occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise; Even with the Guidance below, supplied by the Federal Motor Carrier Safety Administration, hobbyists are being stopped and cited by enforcement officers. Question 21: Does the exemption in §390.3(f)(3) for the “occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise” apply to persons who occasionally use CMVs to transport cars, boats, horses, etc., to races, tournaments, shows or similar events, even if prize money is offered at these events? Guidance: The exemption would apply to this kind of transportation, provided: (1) The underlying activities are not undertaken for profit, i.e., (a) prize money is declared as ordinary income for tax purposes, and (b) the cost of the underlying activities is not deducted as a business expense for tax purposes; and, where relevant; (2) corporate sponsorship is not involved. Drivers must confer with their State of licensure to determine the licensing provisions to which they are subject. |
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#14 |
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Join Date: Dec 2002
Location: Lincoln, Nebraska
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Question: Does the D.O.T. regulation/clarification as mentioned above, take precedence over state regulations?
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#15 |
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Location: East China, MI
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I would think you can refuse them to look in the trailer without a search warrant but, they can make things really miserable for you. They can hold you and the rig until they get a judge to sign a warrant, or if they don't have probable cause for a warrant , they can pick your rig apart for every little safety violation leading to lost time, tickets, and if your rig is really bad from a safety standpoint, they can park you.
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Nelson Kowal Stock 345 |
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#16 |
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my understanding is that the Federal DOT standards are the minimum acceptable regulations for all 50 states--- each state can make their regulations more stringent but they must at least be at the minumim Federal standards level. Problem I see here is that a 15,000 pound CARGO trailer might have a license tag of say $150 and a 15,000 pound RV trailer might be paying a tag of say $30--- the states all need money so they might be splitting hairs on how they interpret your trailer . Is it an RV or are you a cargo trailer? Big difference in licensing fees . If everybody did it they would be loosing out on lots of money. Isn't that what its all about anyway? FED 387
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#17 | |
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Gary Burr IHRA MEMBER # 1958 Stk 1949 |
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#18 |
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Location: Sand Springs, OK
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Most states accept regulations from the state the rig is registered. Maybe not Illinois?
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Ed Wright 4156 SS/JA |
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#19 |
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My point is that lots of people in the interest of saving $$$$$ tries to license their trailer/truck/car as inexpensively as they can get away with .Either by understating the weight of the trailer etc. or the actual type of the item being licensed people tend to have problems later on when they get stopped .The license categories are pretty broad in nature when it comes to a person trying to register their unit. A RV trailer is usually a trailer that is totally living accomodations and is not used to haul anything . Cargo trailers are used totally for hauling and do not typically have living accomodations in them. A trailer with living accomodations that can haul cargo in them on the other hand is actually a hybrid type of unit and most states I imagine have not kept up with the times and made a category for this type of unit. If in doubt pull into the scales and let them decide if they want to wave you thru don't just merrily fly past them and hope you do not get pulled over. If they ask you whats inside tell them a 1969 Chevy Malibu. or whatever it is ,NOT A RACECAR You do not have to go into great detail about anything. They see rigs like yours all the time and they know if a big race is in the area too they are not stupid. Be pleasant and polite and you will be on your way most likely with only a few moments of your time lost. FED387
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#20 |
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Location: The Mo-ta City
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Heck, it's about $1000 to register our MH in Michigan. I just get temp plates.
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