Re: Re: Hauling your tractor and the D.O.T.

Posted by Mike on May 02, 2003 at 07:55:03 from (130.39.252.159):

In Reply to: Re: Hauling your tractor and the D.O.T. posted by Dave on April 30, 2003 at 11:41:15:

Hi All,

I went round and round with DOT/FMCSA on this issue about a year ago. Dave is right about the FMCSA regs using Gross COMBINED Weight Rating over 10,001 lbs to require a DOT number. However, no one could ever tell me what other regs applied (commercial driver's licenses, record keeping, etc.). So I did a little more digging and found in the US Code the definitions of commercial motor vehicles. US Code only uses the GVWR, not GCWR. AND, included is a specific definition that exempts vehicles under 10,001 lbs GVWR from being classified as commercial. Although DOT/FMCSA might try to tell you otherwise, the Secretary of Transportation does not have the authority to make law with the regulations (only Congress can make law). Therefore, the CFR that Dave quoted (that uses GCWR), in essence, has no real power.

Take a look at the US Code and print out a copy to keep in your vehicle. Then, even if you get harrassed, you'll have the written law available at your disposal. Besides which, state cops can't enforce federal regulations anyway. It even says that on the FMCSA website. Only federal officers can enforce federal law/regulations.

The US Code citation is Title 49, Section 31301. Definitions.

Hope that helps.

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