private/noncom hauling and DOT involvement

[Duffster]

I think the 10,001 is for interstate, not intrastate. At least that's what I believe it is in CT. If I go to MA to clean someone's gutters with my 12,500# GVW Ram 3500 I would require DOT numbers on the truck. Not sure what else I would have to comply with though, logs, med card etc.

If I stay within state borders I don't need DOT number.

JB.

JB, according to this CT has adopted the same regs for intrAstate commerce.

What is a USDOT Number? - Federal Motor Carrier Safety Administration

That said I know that link has errors in it. IIRC CT has adopted the regs but revised it to start at 18k instead of 10k.

 

[Duffster]

Ok. Maybe you should read what you post:



Pay special attention to:
"Commercial motor vehicle means any vehicle operated in interstate commerce to transport passengers or property when the vehicle" Which means not personal use vehicles. Interesting that you cited that yourself, even though it doesn't agree with your statement.

So, it is not clear if the statement further down the document about weigh stations applies to all vehicles or only all vehicles covered by that document. Myself, I wouldn't read the "Maryland Motor Carrier Frequently Asked Questions" for information about my personal vehicles.

It says "all vehicle..........", not "all CMVs".

Here it is all trucks over 4 tons. It doesn't say if the mean actual weight or GVWR.

 

[RickB]

What is the defintion of "personal use"?

I haul my personal things all the time and don't get paid for it but I am a private carrier.

Exactly.
Also note both your and my reference to the USDOT definition of 'commerce' which is conveniently ignored by most, however cut and dry it actually is.

 

[kevinj]

Kevin, look at the USDOT defintion of "commerce". It has nothng to do with compensation.

They make it hard to understand since several of the rules are not real consistent.

Weather it is commerce or not they are pretty clear that these rules apply only to a CMV. My pickup is not a CMV.



They do say in some areas that personal is exempt. Michigan says exempt so I will continue to be exempt until the rules change again

 

[kevinj]

Exactly.
Also note both your and my reference to the USDOT definition of 'commerce' which is conveniently ignored by most, however cut and dry it actually is.

Based on the feds definition your family car would fall under the DOT regs.

Commerce means (a) any trade, traffic or transportation within the jurisdiction of the United States between a place in a State and a place outside of such State, including a place outside of the United States and (b) trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation described in paragraph (a) of this definition.


General applicability and definitions

ｧ 390.3General applicability.(a) The rules in subchapter B of this chapter are applicable to all employers, employees, and commercial motor vehicles, which transport property or passengers in interstate commerce.(b) The rules in part 383, Commercial Driver's License Standards; Requirements and Penalties, are applicable to every person who operates a commercial motor vehicle, as defined in ｧ383.5 of this subchapter, in interstate or intrastate commerce and to all employers of such persons.(c) The rules in part 387, Minimum Levels of Financial Responsibility for Motor Carriers, are applicable to motor carriers as provided in ｧ 387.3 or ｧ 387.27 of this subchapter. (d) Additional requirements. Nothing in subchapter B of this chapter shall be construed to prohibit an employer from requring and enforcing more stringent requirements relating to safety of operation and employee safety and health. (e) Knowledge of and compliance with the regulations. (1) Every employer shall be knowledgeable of and comply with all regulations contained in this subchapter which are applicable to that motor carrier's operations. (2) Every driver and employee shall be instructed regarding, and shall comply with, all applicable regulations contained in this subchapter. (3) All motor vehicle equipment and accessories required by this subchapter shall be maintained in compliance with all applicable performance and design criteria set forth in this subchapter. (f) Exceptions. Unless otherwise specifically provided, the rules in this subchapter do not apply to[/COLOR] (1) All school bus operations as defined in ｧ390.5;(2) Transportation performed by the Federal government, a State, or any political subdivision of a State, or an agency established under a compact between States that has been approved by the Congress of the United States;(3) The occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise;(4) The transportation of human corpses or sick and injured persons;(5) The operation of fire trucks and rescue vehicles while involved in emergency and related operations;(6) The operation of commercial motor vehicles designed or used to transport between 9 and 15 passengers (including the driver), not for direct compensation, provided the vehicle does not otherwise meet the definition of a commercial motor vehicle except for the texting provisions of ｧｧ391.15(e) and 392.80, and except that motor carriers operating such vehicles are required to comply with ｧｧ390.15, 390.19, and 390.21(a) and (b)(2).(7) Either a driver of a commercial motor vehicle used primarily in the transportation of propane winter heating fuel or a driver of a motor vehicle used to respond to a pipeline emergency, if such regulations would prevent the driver from responding to an emergency condition requiring immediate response as defined in ｧ 390.5. (g) Motor carriers that transport hazardous materials in intrastate commerce. The rules in the following provisions of subchapter B of this chapter apply to motor carriers that transport hazardous materials in intrastate commerce and to the motor vehicles that transport hazardous materials in intrastate commerce: (1) Part 385, subparts A and E, for carriers subject to the requirements of ｧ385.403 of this chapter.(2) Part 386, Rules of practice for motor carrier, broker, freight forwarder, and hazardous materials proceedings, of this chapter.(3) Part 387, Minimum Levels of Financial Responsibility for Motor Carriers, to the extent provided in ｧ 387.3 of this chapter.(4) Section 390.19, Motor carrier identification report, and ｧ390.21, Marking of CMVs, for carriers subject to the requirements of ｧ 385.403 of this chapter. Intrastate motor carriers operating prior to January 1, 2005, are excepted from ｧ390.19(a)(1). (h) Intermodal equipment providers. On and after December 17, 2009, the rules in the following provisions of subchapter B of this chapter apply to intermodal equipment providers: (1) Subpart F, Intermodal Equipment Providers, of Part 385, Safety Fitness Procedures.(2) Part 386, Rules of Practice for Motor Carrier, Intermodal Equipment Provider, Broker, Freight Forwarder, and Hazardous Materials Proceedings.(3) Part 390, Federal Motor Carrier Safety Regulations; General, except ｧ 390.15(b) concerning accident registers.(4) Part 393, Parts and Accessories Necessary for Safe Operation.(5) Part 396, Inspection, Repair, and Maintenance.

 

[RickB]

Based on the feds definition your family car would fall under the DOT regs.

.

The DOT definition of commerce can be carried out using a passenger car. But a passenger car doesn't fall under the definition of a CMV (10,000 lbs or whatever # of passenger capability).

 

[Duffster]

Based on the feds definition your family car would fall under the DOT regs.

Commerce means (a) any trade, traffic or transportation within the jurisdiction of the United States between a place in a State and a place outside of such State, including a place outside of the United States and (b) trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation described in paragraph (a) of this definition.

His car is under 10k GVWR, is your truck?

 

[JB4310]

JB, according to this CT has adopted the same regs for intrAstate commerce.

What is a USDOT Number? - Federal Motor Carrier Safety Administration

That said I know that link has errors in it. IIRC CT has adopted the regs but revised it to start at 18k instead of 10k.

Some States Require USDOT Numbers

In select states (see green highlighted states or list below), all registrants of commercial motor vehicles, even intrastate and non-Motor Carrier registrants, are required to obtain a USDOT Number as a necessary condition for commercial vehicle registration.

It does show CT as one of the states but I wonder..
Am I still exempt since my truck is registered combination

JB

 

[Duffster]

. Michigan says exempt so I will continue to be exempt until the rules change again

Does it though?

 

[wvpolekat]

It says "all vehicle..........", not "all CMVs".

Here it is all trucks over 4 tons. It doesn't say if the mean actual weight or GVWR.

But does that mean all vehicles within the scope of the document (commercial) or all vehicles in general. If these questions are from a motor carrier perspective, "all" would be expected. But in the bigger picture, it doesn't seem to make sense. Weigh stations would have lines a mile long because every truck and suv with a trailer fits that.

I would go right past with my truck/trailer without hesitating.