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Tractor Transporting Discussion Forum

Re: D.O.T.

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John in la

12-08-2012 08:11:50
184.38.224.223



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puln70
If Charlie was hauling hay for his cattle he is still commercial because he sells the cattle.




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puln70

12-08-2012 14:35:28
199.191.115.119



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 Re: D.O.T. in reply to John in la, 12-08-2012 08:11:50  
John,I though farmers were allowed to haul their hay?



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Bret4207

12-09-2012 05:30:42
64.19.90.196



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 Re: D.O.T. in reply to puln70, 12-08-2012 14:35:28  
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This is where intrastate and interstate get confused and licensing and DOT get confused.
YOUR STATE may say a farmer is exempt from being considered a Commercial Vehicle and falling under their heavy vehicle rules, but as far as the Federal DOT rules a commercial motor vehicle is defined as any vehicle or combination of vehicles with a GVWR or CGVWR of more than 10K lbs engaged in commerce. That's not verbatim, but that's the easiest to understand way of putting it. "Commerce" in the sense they are talking is any activity where the use to the vehicle is part of the activity and the activity gives the participants the OPPORTUNITY for compensation. That's also not verbatim, but the easiest way to understand it. So, farming is commercial, even you don't break even, you still are compensated for your efforts. Landscapers, plumbers, carpenters, car shows, tractor pulls, logging, etc all can be commercial where the possibility of compensation exists and the GVWR or CGVWR exceeds 10,001 lbs. So your 1/2 tin pickup with a 5500 lbs GVWR and trailers with a 4800 GVWR give a CGVWR of 10,300 lbs and you are hauling feed for your cattle- in the eyes of the Feds and some states you are a CMV.
LICENSING in the intrastate area is strictly up to he State, they may not require a CDL for farm ops or they may follow DOT guidelines. Once you get into interstate then you have to follow DOT licensing guidelines. DOT has exemptions for farm operations too.

There, that ought to really confuse things.

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Brad Buchanan

12-09-2012 18:24:55
74.71.185.165



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 Re: D.O.T. in reply to Bret4207, 12-09-2012 05:30:42  
Very interesting discussion.

I ran a business for 25 years and had lettered trucks including a bucket truck that weighs 13,500 empty (of cargo) which was also towing trailers with machinery or product.

I operated in New York state and never applied for a dot number.

I was pulled over a few times by NYSP but the issue of weight or license never came up. I also have a tow truck endorsement.

Is this an issue mainly for interstate operators?

Thanks in advance,

Brad

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Bret4207

12-10-2012 05:06:54
64.19.90.196



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 Re: D.O.T. in reply to Brad Buchanan, 12-09-2012 18:24:55  
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Brad, it depends on when you were doing this. The whole DOT thing came about 6 years back, give or take. The state adopted the FMCSA rules and it took a couple years before things really got going.
If you are still running the trucks, I'm surprised you haven't been notified by NYS. Also, regular road Troopers aren't up on this, it's the CVEU guys in the black Dickies wearing the ball caps that are tasked with this stuff, the "scales" guys.

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