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Tractor Transporting Discussion Forum

Just don't go too heavy/ DOT issues.

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doug in illinoi

09-06-2007 15:57:10




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Probably shooting myself in the foot as far as getting rid of my three axle trailers, BUT, before you buy a trailer and pickup, please be aware of DOT and state regs. I am about 30 miles east of the Mississippi river on US HWY 136, or in other words 30 miles east of Keokuk, IA. Technically, any pickup and trailer over 10K GVW should have a DOT number, but officers generally let that slide by. Where it bites you is if you have, lets say, a 3/4 ton or heavier pickup with a three axle trailer. Most any 3/4 will have a GVW of 8500 or more. Full DOT compliance starts at any combo over 26K. Do the math, if you have a half way decent tri axle with three 6K or heavier axles, that equals 18K plus the 8K plus for the pickup equals over the 26K threshold. Gets REAL interesting if you are hauling hay across state line on a farm plate, then becomes interstate commerce. 150 mile rule means nothing once cross state line. Just some food for thought. Doug

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CaptRon

12-31-2007 20:52:38




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 Re: Just don't go too heavy/ DOT issues. in reply to doug in illinois, 09-06-2007 15:57:10  
Let me throw something else into this mess to really confuse everyone:

In South Carolina the usual exemptions from having a CDL apply BUT, we also have a class E and class F license that are the Non-Commercial equivelents of a CDL B or CDL A. For example, if your RV motorhome weighs over 26,001# then you don't need a CDL but you DO need a class E. Same with an RV combination (truck and 5th wheel over 26,001# GCWR) then a class F must be in the wallet.

No big deal right! Not so fast, the E and F have the exact same written, practical, and medical requirements as the CDL's. And they cost the same. My question is that if someone can pass all the requirements then why not get the CDL?

Makes no sense to me that RV dealers will sell a 45,000 gvw motorhome to an old couple and tell them that they can drive it with a regular license. Happened to a friend of mine and I don't have the heart to tell him this....and he has heart problems. I guess that it's just as well that his wife will not let him drive it.

CaptRon

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davediehl@hotmail.com

09-14-2007 21:50:44




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 Re: Just don't go too heavy/ DOT issues. in reply to doug in illinois, 09-06-2007 15:57:10  
Here are the rules given on the CDL and DOT requirement cards given to me in class. Yes, I do enforce these. If you have a combination vehicle over 10,001 it MUST have a DOT number, period. You may or may not need a CDL depending on the weight. The CDL may not be required if you are hauling grain to market, but would be required if you haul something back to the farm. Any questions can be emailed directly to me.

Group A - Requires a class A CDL
Any combination of vehicles with a gross combination weight rating (GCWR) of 26,001 pounds or more, provided the gross vehicle weight rating (GVWR) of the vehicle(s) being towed is in excess of 10,000 pounds.

Group B - Requires a class B CDL
Any single vehicle with a GVWR of 26,001 or more or any such vehicle towing a vehicle not in excess of 10,000 pounds GVWR.

Class C - Requires a class C CDL
Any single vehicle, or combination of vehicles, that meets neither definition of Group A nor Group B, but is designed to transport 16 or more passengers including the driver, or is used in the transportation of materials found to be hazardous which require the motor vehicle to be placarded. This includes any quantity of chemical or biological material or agent posing a threat to national security including toxins.

CDL Endorsements.
T - Double or triple trailers
H - Hazardous materials
P - Passenger Vehicles
S - School Busses
N - Tank vehicles
X - Tank and Hazardous Materials


Who needs a DOT number?

ANY VEHICLE that transports passengers or property AND:

A) The vehicle has a gross vehicle weight rating or gross combined vehicle weight of 10,001 pounds or more.

B) The vehicle is designed to transport more than 8 passengers.

C) The vehicle is designed to transport designated hazardous materials.

This means that anyone who does not have a US DOT number displayed on his/her vehicle must now display one. The marking requirement applies to ALL:

A) For hire carriers of passengers or household goods.

B) Intrastate and/or interstate private carriers of property.

C) Other carriers of property who are otherwise exempt from certification. Examples of "otherwise exempt carriers" include armored cars and vehicles used for carrying certain agricultural products.

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john in la

09-15-2007 08:11:18




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 Re: Just don't go too heavy/ DOT issues. in reply to davediehl@hotmail.com, 09-14-2007 21:50:44  
"If you have a combination vehicle over 10,001 it MUST have a DOT number, period"

I think we can dig out the rule and it will also say "in commerce". A 1 ton with a private own boat is not under the rule. John Doe with his dump bed trailer hauling dirt to his yard is not under the rule.
You need to be making money.

Now a lot of guys think they can own a single axle dump truck and when stopped just say they are hauling dirt to their yard. Yea Right. Who is going to buy a truck like that for personal use only.

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ericlb

09-09-2007 06:24:00




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 Re: Just don't go too heavy/ DOT issues. in reply to doug in illinois, 09-06-2007 15:57:10  
here in nm, as i was told by the dot, if you have a vehicle that weighs over 26,001 lb or can gross over 26001 or any vehicle that is equipped with air brakes a cdl is required, on insurance, anything bigger than a 3/4 ton pickup must carry comercial insurance both of my 1 tons have to have it, and its also different insurance entirely for my kenworth. i had a friend on a farm get tagged with the cdl, thing, he was told by the state of new mexico that as long as he was hauling his hay , on his truck, to his farm he was ok,[ he would buy a entire field of baled hay and then haul it to his place by the semi load 1 at a time as needed] dot shut him down and he had to hire a cdl driver to take his truck and go get the hay untill he was able to get his cld, and drive himself again

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john in la

09-09-2007 07:16:53




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 Re: Just don't go too heavy/ DOT issues. in reply to ericlb, 09-09-2007 06:24:00  
To fall under the farm rule; everything has to point to a farm.
The truck must have a farm tag; the farm name must be on the door; in his home state; within 150 miles of the farm.
If all these things were met; I think I would have at least checked it out a little more.

The key words you need to know in this situation are... (dot rule 383.3d) "A State may, at its discretion, exempt individuals identified in paragraphs"
With that said I find it hard to believe N.M. does not have a farm exemption.

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KEB

09-08-2007 20:49:34




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 Re: Just don't go too heavy/ DOT issues. in reply to doug in illinois, 09-06-2007 15:57:10  
If you read the federal DOT rules, you'll find they only apply to vehicles engaged in interstate COMMERCE. DOT rules, including the need for a CDL, do not apply to a private vehicle not engaged in commerce. Unfortunately, I haven't been able to find a good definition of commerce, but that's a whole nother issue.

Note that individual states may impose stricter rules, so I can only speak for Colorado as far as what is and is not required. We had a presentation at a club meeting from an instructor for enforcement officers in Colorado, and what he told us is consistent with the Colorado CDL manual. For PRIVATE (not farm, that's a different set of rules) vehicles, there are no requirements for a CDL, nor are such vehicles required to stop at weigh stations. In fact, Colorado has even stopped issuing new truck plates for private vehicles. My F-350 crew cab dually has a GVW rating over 11,000 lbs, but is registered as a passenger vehicle.

One other thing to check is the definition of a recreational vehicle. Most people think of the motorhome/travel trailer type definitions, but in fact in some instances the term 'recreational' refers to any vehicle used for private, non commercial purposes.

May be worthwhile to look up the actual rules and keep a copy of them with you.

Keith

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johndear

09-10-2007 20:58:37




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 Re: Just don't go too heavy/ DOT issues. in reply to KEB, 09-08-2007 20:49:34  
Amen brother. Folks keep forgetting, INCLUDING DOT, that DOT only has jurisdiction over folks ingaged in commerce. Driving your one ton to the movies doesn't count. Driving your caviler for hire does. The vehicle nor weight matter it is all about FOR THE MONEY. You probably won't be able to convince the $8 an hour officer though so take the ticket and make a phone call to the main office and talk to someone "in charge". Most of the guys out there writing the tickets don't understand the rules either. Don't cave in, if you are not for hire then you don't have to play by DOT's rules. Private is another matter. Private can be for hire. Walmart is a private carrier. They are hauling their own goods in their own trucks to their own stores. Sounds a lot like hauling hay to from one of your farms to the other doesn't it? That is a private carrier. For hire means you will haul for someone else. For COMMERCE means you are hauling for compensation. Sorry, $5 tractor pull trophies count as for compensation. Better be careful how you answer the questions.

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john in la

09-09-2007 07:31:54




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 Re: Just don't go too heavy/ DOT issues. in reply to KEB, 09-08-2007 20:49:34  
I think you may be confusing DOT rules for the truck with rules for the driver.
The truck rules start at 10,000 lbs; and it is true that if you use the truck for personal use only and do not make a penny from it moving you are exempt from the rules. While this may work for up to a 1 ton truck; I would like to see you explain that you only use a larger truck for personal use only.

The CDL rules start at 26,001 lbs; and apply to everyone; does not matter if you are making money or not. The DOT has written some exemptions into the rule. RV vechicals and farm trucks are some big ones.
Let me try to explain this with a question.....
If the CDL rules only apply to people involved in "interstate COMMERCE".....
Then why did the dot take the time to exempt firefighters; emergency response vehicle drivers, and drivers removing snow and ice?????

Now if Colo. does not enforce the rules; then more power to you. Go for it.

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Weldin man

09-09-2007 05:26:17




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 Re: Just don't go too heavy/ DOT issues. in reply to KEB, 09-08-2007 20:49:34  
In our state of West Virginia and Virgina if you have farm tags and farm insurance on your truck you do not need a CDL to transport farm products or equipment no matter what the weight is, even if you have air brakes.You can haul logs to the mill, hay to shed or your tractor from farm to farm.I have a friend that sells hay and straw and has been stopped many times and has always been told he is exempt.

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RustyFarmall

09-09-2007 04:56:49




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 Re: Just don't go too heavy/ DOT issues. in reply to KEB, 09-08-2007 20:49:34  
KEB, yes, you do need to read the rules.

I HAVE read the rules, and I know that if the vehicle weighs 26,001 pounds or more, you are required to have a CDL. It makes NO difference if you are being paid to drive it, or just hauling your own stuff to the local tractor show.



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johndear

09-10-2007 21:10:14




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 Re: Just don't go too heavy/ DOT issues. in reply to RustyFarmall, 09-09-2007 04:56:49  
CDL rules and DOT rules are two different things. A class B CDL will be fine for 26K single unit. How the truck is tagged, DOT number, bla bla bla is DOT rules and only apply on "For Commerce" vehicles. I agree you will need CDL's over 26 unless it is farm use, emergency, etc. You don't have to tag your one ton for gross weight if you are using it just like your wife's cadilac. Unless, of course, your state has some stupid law way above and beyond the federal DOT rules / regs.

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john in la

09-07-2007 05:20:55




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 Re: Just don't go too heavy/ DOT issues. in reply to doug in illinois, 09-06-2007 15:57:10  
The ONLY thing in any regulation the DOT has about 26,000 lbs is CDL rules. All other rules start at 10,000 lbs.

If your rig has a GCWR of 10,000 lbs or more and you make a penny from the truck moving you are under DOT rule.
You can be exempt from some of the rules if you fit into the farm exemption. If your neighbor states honor this farm exemption you can also go into another state. There are mileage limits for some of the farm rules.

Now if your rig is bigger than 26,000 lbs GCWR you move into another class and a CDL is also required. Some exemptions apply to this rule; such as the owner of a farm truck; and RV's. If the trailer is rated at 10,000 lbs or more you move into another class where a class A CDL is needed. There are other classes above this but most on this board do not use them. Doubles; HazMat; Tankers.

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hauling question

09-25-2007 09:52:35




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 Re: Just don't go too heavy/ DOT issues. in reply to john in la, 09-07-2007 05:20:55  
John, you seem pretty knowledgeable on this stuff. Please define "If you are making money". Let's say someone pays you $100 to haul a tractor from MI to PA. You LOST money doing this. Standard deductions of $0.40/mile (or whatever the currect rate is) over the 300 mile trip means that your vehicle depreciated $120 for the trip. Does all this garbage apply?



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john_bud

09-13-2007 19:22:28




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 Re: Just don't go too heavy/ DOT issues. in reply to john in la, 09-07-2007 05:20:55  
JohninLA,

Everything you said may be true - for your state. In the state of WI, I can run a 10,000# truck with a 16,000# trailer and don't need a DOT number, CDL or anything.

I can even use it to deliver stuff and get paid for it. In WI, it's not concidered "commercial" and does not fit the CDL rules.

Search the WI DOT web site for a document titled
"cdl-vol1.pdf"

Page 4 CDL & CMV Guide
CMV and CDL Guide
(Examples)
1. A combination vehicle 26,001 or more pounds is a Class “A” CMV only if the trailer being towed has a gross
vehicle weight rating, registered weight or actual gross weight of more than 10,000 pounds.
2. When the weight of the combination vehicle is exactly 26,000 pounds, it is not a CMV and does not require a
CDL. Example: A tractor weighs 16,000 pounds and the towed unit weighs 10,000 pounds.
3. When the towing vehicle is 26,000 or less pounds and the towed unit is 10,000 or less pounds, it is not a CMV
and does not require a CDL. Example: A tractor weighs 25,500 pounds and the towed unit weighs 8,000 pounds.
4. A CDL with an “N” tank vehicle endorsement is required only when the capacity of the tank is 1,000 gallons or
more and the vehicle fits the description of a CMV.
5. A CDL with a “P” passenger endorsement is required when the vehicle is designed to transport or is actually
transporting the driver and 15 or more passengers.


This is one confusing subject, every state can be different. No wonder there is a lot of misunderstanding about what is legal and what is not.

jb

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john in la

09-15-2007 08:01:24




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 Re: Just don't go too heavy/ DOT issues. in reply to john_bud, 09-13-2007 19:22:28  
Well the problem with your thinking is the fact that what I said is Federal U.S. law not state law. Your state must follow federal law or risk loosing highway money.

I looked at the WI site and it follows right along with the federal law.

First we need to separate DOT rules into 2 parts. Part 1 is the truck and part 2 will be the driver.

Part 1
If a truck weighs 10,000 lbs or more (gross weight truck trailer and load) it CAN fall under DOT rule. The thing that makes it a CMV is based on if money changes hands and you cross a state line. If you stay in the state your state may have differant intrastate laws but if you cross a state line Federal law is now enforced.

Part 2
A driver's law starts at 26,001 lbs gross weight. So yes if your truck has a total weight of 25,500 lbs you do not fall under the law. (example 3)
But lets go back to your example of a 10,000 lb truck and a 16,000 lb trailer. That is a total of 26,000 lbs so you are 1 lb under the CDL rule. But wait your trailer is over 10,000 lbs so you now need a CDL.
WI law
Page 4 Vehicle examples #2

Straight from the WI sight..... ..
Commercial driver licenses (CDL) are required to operate vehicles that:

Weigh over 26,000 pounds, determined by the highest of the following weights: manufacturer’s gross vehicle weight rating (GVWR) manufacturer’s gross combination weight rating (GCWR) actual weight registered weight

SO as you can see you do not have to weigh 26,001 lbs to fall under CDL law. If you have a truck that is capable of hauling this weight by the manufactures weight rating you are under CDL law.

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john_bud

09-19-2007 20:33:31




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 Re: Just don't go too heavy/ DOT issues. in reply to john in la, 09-15-2007 08:01:24  
JOhn,

Interesting.


Your part 2, I understand and agree with.

Your part 1, is new to me. Seems like every SUV, 1/2 ton, 3/4 and 1 ton should come from the factory with a DOT number if they have a trailer package.

jb



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john in la

09-20-2007 05:57:38




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 Re: Just don't go too heavy/ DOT issues. in reply to john_bud, 09-19-2007 20:33:31  
No every SUV or one ton does not fall under DOT rule. You need to be in a bussiness.

Pulling a tractor home that you bought for personal use on your property is exempt. BUT pulling a tractor home that you bought and plan to use cutting hay with is not exempt.

The differance is making money. You cut the hay; feed it to the cows; and sell the cows. You made money from the use of the tractor.

Link to Wis law. read page 3

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RustyFarmall

09-07-2007 04:39:08




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 Re: Just don't go too heavy/ DOT issues. in reply to doug in illinois, 09-06-2007 15:57:10  
In Iowa, that 26,001 combo requires the driver to have a CDL, but if you own the truck/trailer combo, and you are hauling your own machinery,hay,etc. The DOT registration is not needed. BUT, if you own the combo, and are being paid to haul for someone else, then the DOT registration is required, and before that registration is granted, you have to provide proof of commercial insurance. That commercial insurance was going to cost me in excess of $6,000 per year. Needless to say, I passed on that, and now I just make sure that everything that gets loaded on my trailer belongs to me.

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