Re: Hauiling in New York state?

Posted by Bret4207 on September 13, 2012 at 14:00:20 from (64.19.90.196):

In Reply to: Hauiling in New York state? posted by JOhnDeereJimOhio on September 12, 2012 at 09:47:24:

Whoa guys! You're confusing things again. CDL has to do with the GVWR or CGVWR of the units involved. It has nothing to do with FMCSA and whether or not you're in a CMV.

ihredo4- "Due to the 390.3f3 I am exempt of having to have a CDL. " I think what you mean is you are exempt from CMV status and FMCSA/DOT regs, not state licensing requirements. That's a big difference. If you get into something requiring PLACARDS than you are into HAZMAT and you most definitely are commercial then. The specific words and language you use is extremely important in making sure you don't accidentally put yourself into a position where you've told a PO you aren't commercial and then start telling him that you are! I've seen it done. My local Town Highway Supervisor simply cannot wrap his mind around the difference between Municipal and Commercial for instance. Make sure you are saying exactly what you mean and don;t start confusing terms or you may end up admitting to something you never intended to.

The dirt track cars aren't being stopped because the guy didn't have a CDL, they are being stopped because they are CMVs!!! Like it or not dirt track, tractor pulls, go kart races, gymkhanas, etc can be commercial enterprises. If you have sponsors and there's a prize of any value for placing...it's commercial. You can use an enclosed trailer and not have a sticker or sign anywhere. Any PO worth his salt is going to know the local tracks and the prize money involved. If the money is there and the rig is over 10K CGVWR it's a CMV- period. That doesn't necessarily mean a handful of tickets, at least it wouldn't the way I did things, but it will mean some correctable tickets for a fire extinguisher and triangles and the expectation the next time I saw you you'd have a DOT number and would be showing the effort of at least trying to comply. And again, the requirement for a CDL is based on weight ratings, not CMV status. Your non-CDl A is still based on weight, not CMV status alone.

All of this also depends on what your STATE rules are too if you are not traveling interstate. Crossing the state line can make a huge difference. In other states where they apply FMCSA rules to all CMVs then it's as I stated.

That probably just adds to the cornfuzun but it's the way it is.

This post was edited by Bret4207 at 14:05:05 09/13/12 2 times.

Replies:

• Re: Hauiling in New York state? ihredo4 10:13:53 09/16/12 (0)

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