Definition of "laden" for personal conveyance provision

I need some further guidance on the personal conveyance provision found in FMCSR 395.8, Question #26. It says, “A driver may not operate a laden CMV as a personal conveyance.” Got it. My question: What is the definition of "laden?" I know it generally means "loaded," but that seems like a very loose term. Where is the line between loaded and unloaded? I don't believe the FMCSRs address this anywhere. Maybe it would be best to ask by example:

Example 1 -- If you have a welding machine on the back of an F350, with no trailer, is that laden or unladen? I would think not. (To clarify, this is an F350 with a GCWR of 25,000 lbs used in interstate commerce = it is a CMV.)

Example 2 -- If you have an empty F350 but are pulling an empty flatbed trailer, is that laden or unladen? Again, I would think not. What about a half-full flatbed? Does it matter how full the trailer is?

Example 3 -- If you have an empty F350 and are pulling a box trailer with a bunch of tools on it, is that laden or unladen? The tools are heavy but you’re not carrying a huge load in the sense that you're dropping it all off somewhere. Most of this weight is tools used for normal work purposes - wrenches, hoses, fans, etc. But what if you're also carrying items that will be left somewhere? Would those items make this a load and therefore your truck "laden," or would the tools alone make it laden? Does whether a truck is "laden" depend at all on what the truck is carrying/pulling, or is it simply a matter of weight?

It seems there is no definition and that it's mostly just up to the officer's discretion. My guess is that we all just have to be smart and reasonable. After all, the FMCSRs can't define every word in the regs. But this is important because it appears to me that if the officer determines that you're laden, and you didn't think you were, the personal conveyance provision would be invalidated.

Any advice or tips on this issue would be very helpful.

 

In most if not all of the cases I'm referring to, the load could not be taken down. For instance, a guy is on a jobsite away from home and wants to go home for the weekend. But the only way he has of doing so is using the company truck, which he has permission to do. If his truck is not "laden," he's good to go -- personal conveyance applies. He's got a welder on the back and he has to keep it on there because he needs it for the next job, which is in a different town. So is the truck laden or not? Huge difference -- especially if he's around 60 hours for the week. Covering up the DOT number would not make a difference for personal conveyance, it would seem to me. Someone feel free to correct me on any of the above.

 

Truckon -- If you read that question #26 in the FMCSRs, it doesn't leave any room for an interpretation like this. In fact, from what I've heard/read, FMCSA doesn't really care whether you're "working" or being compensated. For instance, a volunteer who drives an 18-passenger church van still falls under DOT. He's not "working" or making any money at all -- but he still needs to fill out logs, etc.