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  1. #21
    Elite Member Duffster's Avatar
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    Default Re: private/noncom hauling and DOT involvement

    Quote Originally Posted by RickB View Post
    And far more of us fall under these regulations than most folks have an understanding of.
    That is an understatement.
    "If everyone is thinking alike, someone isn't thinking." George Patton

  2. #22
    Veteran Member kevinj's Avatar
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    Default Re: private/noncom hauling and DOT involvement

    Quote Originally Posted by Duffster View Post
    If everyone read the "applicability", sections 383.3 and 390.3, it makes a lot more sense.

    In a nutshell the 26k is what requires a CDL is all.
    All this is for vehicles engaged in commerce per the feds, the feds also say personal is exempt.

    It appears that where arsenix lives is a tad bit overboard though.

    I am glad MI kinda follows the feds!!!
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    Last edited by kevinj; 03-13-2011 at 06:25 PM. Reason: add link
    Kevin

    BX1860, mower, snowblower - B7500HST, FEL, Bush Hog - Grand L3940 HSTC, FEL, snowblower, 6' Landpride brush hog, 6' King Kutter tiller, Corn Pro 18+5 Fifth Wheel, 1950 Farmall M, Farmall 560D

  3. #23
    Elite Member Duffster's Avatar
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    Default Re: private/noncom hauling and DOT involvement

    Quote Originally Posted by kevinj View Post
    All this is for vehicles engaged in commerce per the feds, the feds also say personal is exempt.

    It appears that where arsenix lives is a tad bit overboard though.

    I am glad MI kinda follows the feds!!!
    Personal use is exempt from part 390 but not part 383.

    Use of the term "personal use" is used pretty liberally around here.
    "If everyone is thinking alike, someone isn't thinking." George Patton

  4. #24
    Veteran Member kevinj's Avatar
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    Default Re: private/noncom hauling and DOT involvement

    Quote Originally Posted by Duffster View Post
    If everyone read the "applicability", sections 383.3 and 390.3, it makes a lot more sense.

    In a nutshell the 26k is what requires a CDL is all.

    Duff,

    If I read those 2 sections correctly, do they not say for operating a CMV????

    A personal pickup with trailer to haul whatever for your own use where there is no compensation for hauling should be exempt, (except in Maryland)

    If you haul someones tractor and accept payment now you would be in commerce.

    Even at 26k it still applies to a CMV only.

    Here in MI for a small CMV we have a chauffeurs license for the 10k to 26k range.

    We had that before the CDL and at that time the chauffeur covered eveything.
    Kevin

    BX1860, mower, snowblower - B7500HST, FEL, Bush Hog - Grand L3940 HSTC, FEL, snowblower, 6' Landpride brush hog, 6' King Kutter tiller, Corn Pro 18+5 Fifth Wheel, 1950 Farmall M, Farmall 560D

  5. #25
    Veteran Member kevinj's Avatar
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    Default Re: private/noncom hauling and DOT involvement

    Quote Originally Posted by Duffster View Post
    Personal use is exempt from part 390 but not part 383.

    Use of the term "personal use" is used pretty liberally around here.
    The first line from 383.3 follows......


    (a) The rules in this part apply to every person who operates a commercial motor vehicle (CMV) in interstate, foreign, or intrastate commerce, to all employers of such persons, and to all States.
    Kevin

    BX1860, mower, snowblower - B7500HST, FEL, Bush Hog - Grand L3940 HSTC, FEL, snowblower, 6' Landpride brush hog, 6' King Kutter tiller, Corn Pro 18+5 Fifth Wheel, 1950 Farmall M, Farmall 560D

  6. #26
    Veteran Member kevinj's Avatar
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    Default Re: private/noncom hauling and DOT involvement

    Quote Originally Posted by Duffster View Post
    Use of the term "personal use" is used pretty liberally around here.
    Look at item 2 from the MI link I posted.
    Kevin

    BX1860, mower, snowblower - B7500HST, FEL, Bush Hog - Grand L3940 HSTC, FEL, snowblower, 6' Landpride brush hog, 6' King Kutter tiller, Corn Pro 18+5 Fifth Wheel, 1950 Farmall M, Farmall 560D

  7. #27
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    Default Re: private/noncom hauling and DOT involvement

    Quote Originally Posted by arsenix2001 View Post
    Here smart azz, Maryland Motor Carrier Frequently Asked Questions. Pay special attention to section 5 and 8. It doesnt matter if you have an RV or a truck full of unicorns, over 10k and you have to weigh.


    5. What is the definition of a commercial vehicle?

    The Federal Motor Carrier Safety Regulations have defined a commercial motor vehicle (CMV) as noted below. Maryland has adopted this definition for commercial vehicles that operate only within state boundaries (intrastate).

    CMV definition:
    Commercial motor vehicle means any vehicle operated 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 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 hazardous?materials?in a quantity requiring placarding.

    8. What vehicles must go through weigh stations in Maryland?

    All vehicles with a gross vehicle weight or gross vehicle weight rating of greater than 10,000 pounds must stop at open weigh stations. Only vehicles that are operating in commerce will be subject to a safety inspection.

    9. Does a rental truck hauling personal property have to stop at weigh stations?

    Yes, if it weighs more than 10,000 pounds. However, these vehicles will not be subject to a safety inspection.

    Happy? Why dont YOU do some searching next time before running your mouth.
    Ok. Maybe you should read what you post:

    CMV definition:
    Commercial motor vehicle means any vehicle operated 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 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 hazardous materials in a quantity requiring placarding.
    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.
    -=Mark=- 03 Kubota B7500, 47 Ford 2N

  8. #28
    Super Member JB4310's Avatar
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    Default Re: private/noncom hauling and DOT involvement

    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.
    JD 4310; E hydro, 300CX, 48 BH, 60" box, 72" rake, 72" rear blade, cast pallet forks, 48", 61"HD & 73" high volume bucket.
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  9. #29
    Elite Member Duffster's Avatar
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    Default Re: private/noncom hauling and DOT involvement

    Quote Originally Posted by kevinj View Post
    Duff,

    If I read those 2 sections correctly, do they not say for operating a CMV????

    A personal pickup with trailer to haul whatever for your own use where there is no compensation for hauling should be exempt, (except in Maryland)

    If you haul someones tractor and accept payment now you would be in commerce.

    Even at 26k it still applies to a CMV only.

    Here in MI for a small CMV we have a chauffeurs license for the 10k to 26k range.

    We had that before the CDL and at that time the chauffeur covered eveything.
    Kevin, look at the USDOT defintion of "commerce". It has nothng to do with compensation.
    "If everyone is thinking alike, someone isn't thinking." George Patton

  10. #30
    Elite Member Duffster's Avatar
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    Default Re: private/noncom hauling and DOT involvement

    Quote Originally Posted by kevinj View Post
    Look at item 2 from the MI link I posted.
    What is the defintion of "personal use"?

    What about hauling race cars/pulling trucks?

    How about hauling tools to a rental property?

    I haul my personal things all the time and don't get paid for it but I am a private carrier.
    "If everyone is thinking alike, someone isn't thinking." George Patton

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