Is this the law

[TSO]

My understanding is that you're close, but no cigar.
1) In any case, the vehicle must be in commercial use.
2) The vehicle must be heavier than 10,000 lbs GVWR
3) The commercial vehicle must be being used in interstae commerce
4) Or the commercial vehicle is being used and registered in a state where commercial vehicles must have a DOT number even when not in inter state commerce.
5) If (4) is operative, then state statute must require a medical card. Not all states require a medical card for drivers of non CDL commercial vehicles. The Feds always do.

No, i have the DOT book.

If a tow vehicle is over 10000 lbs, and/or towing a trailer over 10000 lbs, AND used for commerce... It is a commercial vehicle, and requires a med card.

If the tow vehicle is over 26000 lbs, and/or the combination (tow vehicle and trailer) is over 26000 lbs, AND used for commerce, a CDL is also required.

There are lots of additional info and requirements for different aspects of the laws, interstate vs intrastate... And i can read those out of the book too if you need lol... But this thread is asking about a ticket for not having a medical card. NHTSA (fed) laws apply.

NHTSA laws apply everywhere and most states adopt NHTSA into their own books, some states add additional laws on top.

 

[Rock knocker]

Federal law only applies when in inter state commerce unless the states incorporate their requirements into state statute. It once was that commercial vehicles (by definition a truck over 10,000 pounds) involved only in intra state commerce did not require DOT numbers, med cards and record keeping. The indivdual states could accept these rules in the whole and apply them to vehicles in intra state commerce.

This used to be my lively hood.

I have the applicable book and could read it to you. It is by the FMCSA and not the NHTSA, so sorry.

Everything I wrote is correct.

 

[Sprinklerman]

a cop can write a ticket for what ever he wants , its all up to the judge .

 

[kthompson]

I am in SC and fall had accident with me driving tractor and person passing as I was turning. Officer wrote the ticket after he said he called and asked what to do. Issue against me was the road was not marked for no passing zones which by law are still no passing zones per law. He said they are not marked so he charged me where the person was making illegal pass. What am I saying, they are human (officers) they can good up also. That is why there are jury trials. Here if rig had farm tags would have been no issue. No idea on CDL.

 

[TSO]

Federal law only applies when in inter state commerce unless the states incorporate their requirements into state statute. It once was that commercial vehicles (by definition a truck over 10,000 pounds) involved only in intra state commerce did not require DOT numbers, med cards and record keeping. The indivdual states could accept these rules in the whole and apply them to vehicles in intra state commerce.

This used to be my lively hood.

I have the applicable book and could read it to you. It is by the FMCSA and not the NHTSA, so sorry.

Everything I wrote is correct.

I'm sorry... I don't know why i said NHTSA (i have NHTSA books too, guess that was on my tongue) but i meant to say FMCSA (which i have also).

Medical card is required while operating commercial vehicle for commerce (trailer over 10k lbs) whether interstate or intrastate.

 

[DK35vince]

I'm sorry... I don't know why i said NHTSA (i have NHTSA books too, guess that was on my tongue) but i meant to say FMCSA (which i have also).

Medical card is required while operating commercial vehicle for commerce (trailer over 10k lbs) whether interstate or intrastate.

That's the way it is here. Pa.
We run intra state and the commercial vehicles require a Medical card.

 

[JK22]

OP says:

Location south west virginia

From:
https://www.dmv.virginia.gov/webdoc/pdf/dmv60.pdf

View attachment 506376

Bruce

Second section clearly says not a commercial vehicle if operated for personal use. If this officer was correct, then every RV operator would need a "medical card". Average weight of a class A motor home is around 20,000 lbs.

 

[JK22]

I'm also skeptical about a state trooper writing a ticket for a "federal law." Unless that federal law has a state counterpart or the trooper has been deputized as a federal DOT officer, neither the officer, nor a state court judge has jurisdiction to write a ticket or enforce the law.

 

[TSO]

Second section clearly says not a commercial vehicle if operated for personal use. If this officer was correct, then every RV operator would need a "medical card". Average weight of a class A motor home is around 20,000 lbs.

That's exactly what everyone's been saying already... "When used in commerce"

Legally, you can drive a semi as your personal vehicle, without having a CDL or medical card. It only applies when used in commerce.

 

[TemporaryKubotaOwnerMark]

no I have had a CDL for many years and am aware of the weight limits. the reason I didn't put the state was the trooper said it was a federal law that if you transported anything with a combined weight over 10.000 lb you were required to have a medical card.

Troopers don't write tickets based on federal law. There are actually no federal laws about this, rather, there are federal regulations which the states follow. If there is a requirement to have a medical card, it will be in your state law, and the trooper should have noted the section of the law that you violated. Look at your ticket and see what he wrote down.

Note that federal regulations are only applicable to vehicles used in interstate commerce. The fed.gov has no authority to regulate driving within your state.

I did a quick check and I think the trooper is misapplying the CDL requirement:

All commercial drivers of vehicles in interstate commerce with a maximum gross vehicle weight rating of over 10,000 pounds (4,536 kilograms) are required to obtain and maintain a valid Medical Examiner's Certificate (ME Certificate)

Medical | Federal Motor Carrier Safety Administration

Note that this is for commercial drivers licensees, not just anybody with a vehicle over 10k pounds. But since you have a CDL, this may apply to you.

Read your ticket.