Straight tucks in Tennessee

Discussion in 'Trucking Industry Regulations' started by eclair, Jun 24, 2011.

  1. eclair

    eclair Bobtail Member

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    Jun 24, 2011
    esinclair@avcompany.com
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    Last week I was pulled at the I-81 southbound scales just inside TN...mile marker 21. I was driving a "Not For Hire" non-CDL 26' straight truck with only private company cargo, going from NC to Nashville. The truck had no DOT number on the side, I didn't have a log book or medical card, and was not not over-weight. I couldn't find the registration quickly enough to suit the officer. I was searched, the entire truck searched, and ultimately was sidelined for 10 hours and ticketed for no log book, registration (which I did find later, just not fast enough) and no medical card. I was threatened with jail time by the officer, as well, though luckily "he had to be somewhere else".
    I understand the officer was busting my balls, but I'm not familiar enough with trucking rules (especially in TN) to have said anything contrary to the man...especially one with a gun and bad attitude! This was the first time I'd driven outside of our normal 100 mile limit. How lucky was I, and how illegal was I?
    Is it fair to sideline a straight cab (no sleeper) for that long? I understand that 10 hours is time to "rest", but sitting behind the wheel in a non-reclineable seat for that long hardly qualifies as "rest".
    Please give me your thoughts on this...I'm not a truck driver by profession, and I just don't understand what happened to me!
     
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  3. THBatMan8

    THBatMan8 Road Train Member

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    CMV's with a GVW of 10,001 LBS or higher require a DOT number. Vehicles with a GVW of 26,001 LBS or higher require the operator to have a CDL and a current medical card. Your truck in particular requires a class B CDL. Even though it may not have airbrakes, if the GVW is 26,001 LBS or more, you need a CDL. NC to Nashville would also put you under federal HOS, as you were operating outside of the 100 air mile radius from your home base. See regulation 395.1.
     
  4. Scalemaster

    Scalemaster Heavy Load Member

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    You fall into the federal regulations if you drive a vehicle in excess of 10,000# GVWR in any form of commercial operation.

    That means markings, medical cards, log books, etc.

    Exceed 26,000# GVWR and you get into CDL territory.

    If you do not have a log book when you are required to have one, you will be placed out of service for 10 hours.
     
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  5. dieselbear

    dieselbear Road Train Member

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    Not for hire just means you are hauling your own product. You dont have a "MC" number and can not haul for hire. The officer was correct for placing you out of service for 10 hours because he was following the out of service criteria. Nothing prevents you from calling a cab and going to a motel. You need a medical if your vehicle is 10,001 lbs or more. Even when you are operating within the 100 air mile radius you are not exempt from hours of service. There are 5 things that must be met to qualify for the local short haul exemption.
     
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  6. eclair

    eclair Bobtail Member

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    Jun 24, 2011
    esinclair@avcompany.com
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    You guys are great! Thank you for helping me set the record straight at our company...now we know what to fix and do to be legal. This won't happen again to me! I'm very grateful for your advise and expertise.
    Thanks again!
     
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  7. cadillacdude1975

    cadillacdude1975 Road Train Member

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    i wonder how many points he will be assessed on those infractions.
     
  8. ITS62

    ITS62 Light Load Member

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    My company started with class C straight trucks before we got into +26,000lbs GVW. Here is what I learned (at least from California)

    If you are driving just intrastate, NOT interstate, no DOT # required. If you cross state lines you need DOT or a trip permit for each state you enter. Intrastate may require a state motor carrier permit (CA# here).

    If you are carrying business property and make money with that property, you are "for hire". "Not for hire" only would apply say if you were transporting a race car as a hobby or other non business related goods. There is a distinction with FMCSA of "Private Carrier" and "For Hire Carrier" that refers to weather your transport your owned business property rather than hired to transport freight or goods for a third party.

    If you are in a class C truck under 26,000lbs GVW. No medical card or commercial driver's license is required (at least here in CA). Even as a class C driver, I did get asked for it all the time and had to politely remind the office that it is not required for a class C driver under 26,000GVW.

    If you are driving over 100 miles (as the crow flies) from your home terminal, you are required to keep a log book. We have always just kept one log in the truck and each driver filled it out. Once had an officer tell me that each driver needed their own log book, but since anyone could drive it at any time since it was a class C, that was unrealistic. Most the time they were happy if we had that day filled out correctly. Also, learn how to do it correctly. Best thing you could do is stop by the local scale house and ask them what they need to see in your case. They should be more than happy to teach you since they wanna see it done right. 20 minutes with my local CHP saved me tons of headaches.
     
  9. 07-379Pete

    07-379Pete Crusty Commando-Pete

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    To get to that scale house from NC had to be a job in itself. LOL
     
  10. Bigarmin88

    Bigarmin88 Road Train Member

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    If your company is clueless about the federal regulations rules,then they shouldn't even be in business!:biggrin_25513:

    I have a funny feeling this AKA company is running a illegal trucking business,more likely doing uship dot com jobs????
     
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