Non-commercial use

Discussion in 'Trucking Industry Regulations' started by txviking, Jul 19, 2009.

  1. txviking

    txviking <strong>Trucker Geek</strong>

    344
    73
    Jul 18, 2009
    Florida
    0
    So,

    I have a CDL. I bought a truck in Indiana and drove it down to Florida. This truck:

    - Is a 1997 Peterbilt 379
    - Is registered and titled in my name
    - Has a license plate registered in my name (not a company name)
    - Is not used to haul freight for hire
    - Has non-commercial insurance
    - Has a valid annual DOT inspection sticker
    - Does not have a USDOT number
    - Does not have apportioned registration
    - Does not have an IFTA sticker
    - Is not used to pull any kind of trailer (bobtail operation only)

    The way I read the law, these facts mean I am not a "CMV" and not subject to a log book, scales or other commercial vehicle rules. Nevertheless, I did keep a log book and pulled into scales along the way, because it's never a good idea to get into an argument with law enforcement.

    In Tennessee, a scalemaster signaled me to pull into the back. She said it was because I did not have a valid IFTA sticker. I calmly explained that I was not hauling freight for hire, was not REGISTERED to haul freight for hire, and therefore should not need one.

    She told me all vehicles with three or more axles needed one. I asked her, as an example, if that meant a three-axle RV would need one. She said no, offering only the explanation that "that's different." I politely asked to see the relevant rule, and showed her a preceding introduction that explained that entire paragraph only applied to commercial motor vehicles. After that, she let me go, but she was clearly unhappy about it.

    So far, that is the only time I've been stopped in my truck, but I have a nagging feeling that sooner or later, I will meet an officer with a poor understanding of the law who will write me a ticket and force me to contest it in court. Needless to say, this can be a major expense, especially if I get a court date five months in the future far away from home.

    So my questions are:
    - What can I do to minimize this problem (e.g. put "Not for hire" on the doors, other ideas?)
    - Other than carrying the text of the federal law with me, how can I increase my chances of not receiving a citation in the first place? I'm not crazy about the idea of having to carry traffic laws from all 50 states.
    - If I do get wrongfully cited and win in court, can the relevant authority be held liable for my expenses in fighting a wrongful citation (as would be the case in a civil court case, where the losing party usually has to cover the cost of litigation)?

    In short -- how can I lawfully operate my vehicle without being hassled (or alternatively, without paying thousands of dollars for insurance/apportioned registration/irp/ifta that I am not required to have by law?)
     
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  3. REDD

    REDD The Legend

    6,237
    4,291
    Jun 29, 2009
    Dueling Banjoville
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    Since I happened to be on a website researching IFTA information... I'll post what Georgia says....

     
  4. dancnoone

    dancnoone "Village Idiot"

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    So you're just bob tailing around the country????
     
  5. txviking

    txviking <strong>Trucker Geek</strong>

    344
    73
    Jul 18, 2009
    Florida
    0
    Thanks. The key point here is that I'm not engaged in interstate commerce.
     
  6. txviking

    txviking <strong>Trucker Geek</strong>

    344
    73
    Jul 18, 2009
    Florida
    0
    I will be. Mid-America, GATS, Iowa 80 Trucker Jamboree, ATHS meets, that type of thing.
     
  7. dancnoone

    dancnoone "Village Idiot"

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    Yeh, that's what I kinda figured :biggrin_25525:
     
  8. dancnoone

    dancnoone "Village Idiot"

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    I think you may run into some issues come year end.

    Are you writing all this travel off as a hobby? Are you paying all expenses out of pocket, with ZERO dollars coming in from another source?

    Interstate commerce is not limited to just hauling freight. It can mean many things. Simply moving a show truck to an event, which may offer a prize. Can equate to "commerce".

    I'm not knowledgeable enough on this topic to advise anything other than, use caution. I'd hate to see a guy hamstrung by the IRS.
     
  9. biggeno

    biggeno Light Load Member

    69
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    Jul 8, 2009
    Crossville TN
    0
    I would think "Not For Hire" on the doors would eliminate most of your problems, but of course opions are like ##########, everyone has one.
     
  10. CURTWAYNE

    CURTWAYNE Medium Load Member

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    Jun 4, 2008
    LITTLE ROCK, AR
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    This should best be answered by Dieselbear, and/or PTAnderson.
     
  11. dancnoone

    dancnoone "Village Idiot"

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    Mississippi
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    True enough. but where have they been as of late? Or am I just missing their postings?
     
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