Derating a trailer

[3 Horse Ranch]

The federal rules apply across the country. State compliance is mandated and enforced through federal highway funding. States may have stricter laws, but no state can have laws that are more lenient. In Washington State and probably many others, the officers that will pull you over for a badly loaded trailer, or because they think you might be overloaded etc are Commercial Vehicle Enforcement[ officers. It makes no difference if you are not hauling commercially. If federal laws say you need a CDL then you need a CDL. The federal laws are aimed at commercial vehicles, but it is a good idea to remember that the rules are written by the Federal Motor Carrier Safety Administration, not the Federal Commercial Vehicle Safety Administration. Commercially or not, if you are hauling something across state lines you are subject to FMCSA rules and are probably subject to those laws within the state, since many states simply adopt the federal laws as state laws.
I've had a CDL since CDLs became mandatory but I was really getting fed up with the increasingly burdensome regulations. I bought a trailer with a manufacturers GVW of #9990 to be exempt from the FMCSA laws.
In my dealings with enforcement officers, I found most to be just doing their job without any particular malice. I did find one strutting peacock officer that weighed me using jump scales and wrote me up for being #3000 overweight even though the weight ticket I got from a full length state certified scale said I was #200 pounds overweight and another state certified full length scale that I reweighed on said that I was #300 pounds overweight. I won't ever again trust jump scales.

 

[fried1765]

i tow my gooseneck flatbed here in "rules-heavy and enforcement heavy" NY with a maine plate. ive never been stopped over it; and i know many other epople that do the same without issue

You are quite correct!
Many do NOT understand.
A local MA. hauler runs all 8 of his trailer dumps, with Maine plates.

 

[bdog]

The federal rules apply across the country. State compliance is mandated and enforced through federal highway funding. States may have stricter laws, but no state can have laws that are more lenient. In Washington State and probably many others, the officers that will pull you over for a badly loaded trailer, or because they think you might be overloaded etc are Commercial Vehicle Enforcement[ officers. It makes no difference if you are not hauling commercially. If federal laws say you need a CDL then you need a CDL. The federal laws are aimed at commercial vehicles, but it is a good idea to remember that the rules are written by the Federal Motor Carrier Safety Administration, not the Federal Commercial Vehicle Safety Administration. Commercially or not, if you are hauling something across state lines you are subject to FMCSA rules and are probable subject to those laws within the state, since many states simply adopt the federal laws as state laws.
I've had a CDL since CDLs became mandatory but I was really getting fed up with the increasingly burdensome regulations. I bought a trailer with a manufacturers GVW of #9990 to be exempt from the FMCSA laws.
In my dealings with enforcement officers, I found most to be just doing their job without any particular malice. I did find one strutting peacock officer that weighed me using jump scales and wrote me up for being #3000 overweight even though the weight ticket I got from a full length state certified scale said I was #200 pounds overweight and another state certified full length scale that I reweighed on said that I was #300 pounds overweight. I won't ever again trust jump scales.

This is not entirely correct. Federal laws regarding commercial vehicles are able to be enforced because the federal government has the ability to regulate interstate commerce. If a commercial vehicle is operating totally intrastate they follow state rules which can and sometimes are more lenient. For example in Texas with intrastate operation you can get a CDL at 18 where you have to be 21 to operate interstate and also the hours of service are less strict.

 

[ch47dpilot]

maybe a silly question, who's best to call to find laws in your state? State police, DMV ect. I'm looking at a 20K trailer but based on what has been written I maybe in for more than I'm bargaining. I currently have a 2500 duramax but hope to 1 day get a 1 ton dually. I figured get the bigger trailer now even though I never plan to haul that much. That way when I get the dually I won't need to upgrade trailer.

Just thinking and maybe someone can enlighten me. When I do the skills test will there be an issue if my truck isn't rated to pull the GVWR of the trailer. I believe the Duramax can pull around 12-15,000. So even though I don't plan to exceed that will it raise any issues if I bring a trailer that can weight 20,000lbs. I could borrow a friends 14K gooseneck but then I won't need a CDL to tow that trailer and that may also raise a red flag. It says you need to bring type of vehicle for which you wish to be licensed.

 

[bcp]

It says you need to bring type of vehicle for which you wish to be licensed.

How to you legally get it there for the test for a license to drive it?

Bruce

 

[RedNeckRacin]

Just thinking and maybe someone can enlighten me. When I do the skills test will there be an issue if my truck isn't rated to pull the GVWR of the trailer. I believe the Duramax can pull around 12-15,000. So even though I don't plan to exceed that will it raise any issues if I bring a trailer that can weight 20,000lbs. I could borrow a friends 14K gooseneck but then I won't need a CDL to tow that trailer and that may also raise a red flag. It says you need to bring type of vehicle for which you wish to be licensed.

Yeah there will be an issue! They go through all of your paperwork to make sure the rig is legal, that's why I used the testing center's f-800 and tri-axle trailer to take my Class A CDL test. Better make sure you have a licensed driver to babysit you on the way down there.

 

[TMGT]

I took my cdl with my 2000 f550 and a 50ft tri axle 21k gooseneck trailer. Drove it there by myself since i wasnt opersting in a comercial capacity. They never checked weights.
This was in VA.

When they say type of vehicle they mean bus, B, combination, and any endorsements such as air brakes etc.

 

[bdog]

How to you legally get it there for the test for a license to drive it?

Bruce

You have to have a properly licensed driver drive it there. When I was getting my class A the DPS popped a guy and gave him a ticket for driving a class A rig up there to take the test when he didn't have the license.

 

[TMGT]

You have to have a properly licensed driver drive it there. When I was getting my class A the DPS popped a guy and gave him a ticket for driving a class A rig up there to take the test when he didn't have the license.

The only time I've seen that here is if there is an endorsement required.

 

[crashz]

A few years ago a friend of mine was pulled over on Rt2 in MA with his work truck. He was driving an F350 dually (company truck with lettering) with tool body. He was towing a 14K lbs bumper pull trailer with a track skid steer. The officer made him go through the truck, show proof of a pre-trip, checked the function of the trailer brakes and emergency brakes, and checked his Class A CDL. The officer was targeting (vocally) small contractors and landscapers who thought they could get away without a CDL in a dually truck and trailer.

See in MA, you need to comply with the federal rule of the Single or combined GVWR of 26K but also, MA regulates trailers over 10K as requiring a CDL. Son in NH I can tow a 14K trailer with my pickup, but once I cross the state line, I'm in violation (no CDL).