Read the reg again.

"• A vehicle that is controlled and operated by a farmer; and used to transport agricultural products, farm machinery, or farm supplies to or from a farm; and not used in the operations of a common or contract motor carrier; and used within 150 air miles of the person’s farm."

#1. It wasn't registered to the user, in fact it may not be registered at all. I bought a 24 ft deckover from a Texan that had farm tags on it and he handed me the Certificate of Origin.

#2. It wasn't being used to transport any of the listed items. It would be a stretch to claim a street legal motor vehicle as farm machinery.

#3. He was pulled over 200 miles from the persons farm.

 

You're the one claiming you know all there is to know about NHTSA & DOT rules and then posting outdated data from a website that gets updated MAYBE once a year. What you have quoted, (twice now that I know of), has been amended several times and is in the process of review yet AGAIN. If you're as smart as you think you are, I'd think you could get reliable info. I'm NOT going to spend my time copying/typing/transferring info from a paper copy just to make you smile in knowing that you caused me some work. YOU do the work. But I'll tell you what I WILL do; PM me your truck info, DOB and driver license number and I'll write you a citation for no med card in possession. Then we can take it to court and post the results here!

 

Some people has too much time on their hands, I wonder what's their occupation. Since when a PRIVATE owner not engaged in commercial business has to carry a med certificate or follow any other regulation for intrastate/interstate COMMERCIAL operation ?

If it was as you state anybody with a RV would be in trouble, YOU prove us we have to carry all this.

Also if you can write citations and that's your job, you are spending too much time on the internet instead of earning the money WE pay you for. And since you've been barking at people for a long time on this and other sites send me your officer info, you are FIRED.

 

Actually,if he is an Officer of the Law, don't you think it is part of his duties to be current and knowledgeable about the regulations concerning this subject? I know I have received three answers to the same question I have asked my State DOT Officers........I appreciate someone who takes the time to be current on the regulations.

 

Alright,......lets keep this thread on-topic and not start with the personal attacks or sarcastic remarks. If this thread gets out of hand, it is going to be CLOSED!

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John_P

 

I use my duelly commercially, I have a med card. So where is the proof of your statements, or any one of them for that matter?

The OP really ended up paying less for the lesson than he could have. Had he been pulled over in AZ or NM it probably would have been worse. If his CDL was only good in TX he would have to had found a qualified CDL driver to pull the trailer. It is also possible that he would have had to buy a temporary permit for the trailer to cover the road taxes not paid because of the farm tags.

 

The only questions In my mind are :
1) Why was he written a ticket for the wt the truck on the trailer could haul? It was obviously not under a load, it was the load. Ticket should have been for closer to 30K (10K for the truck pulling the load and 20K for what the trailer could haul) than the 40 K that was given.
2) The truck on the trailer was registered farm truck, in my mind that makes it a farm load
3) The only other problem I can see is that he got caught 200 miles from home it does not matter were he was coming from only were he was stopped
Not stirring the pot, I can just see some room for argument on a few points. Sounds (at first glance) like some bad judgment on both sides.

 

they are cracking down on the farm tagging of vehicles now. believe a farm tagged trailer is allowed a lot more weight then a regular tagged trailer. farm load would be a agriculture machine or product in my understanding. dot always goes by what you can haul not by what your hauling unless you are overweight. we got a ticket for over axle weight but the truck was under gross weight. In texas you can be a cdl driver without a med card unless its hazmat, crossing state lines or born after 1970 or 69 not sure of the year. they have a right to ask where you where and are going, because you are hauling cargo look at a log book, which he's lucky they didnt get him for that. if he would have had some hay bales on the trailer along with the truck and said it broke down hauiling hay from new mex he mite have had no problems. i visit with the dot officers several times a year along the highway

 

You might want to take a peek at the FMSCA books. It states in there ANY vehicle with a GVWR of 10k or more is required to have a DOT #. Doesn't say for commerce only. And there is a new DOT directive to crack down on prople pulling trailers with a GVWR of more then 14k w/o a CDL, CGVWR of over 26,001. Best advice is to buy a green hand book in a truck stop and read it. There is an exemption for RV owners. Doesn't make it right, but it's there just the same. As anyone that drives for a living knows, mant DOT ooficers have their own interitation of the rules and if YOU don't know any different, i.e. this case, they write the citation with only a code # and not an explanation. To the judge it looks as if you broke the law, but actually may not have. With him borrowing the trailer, they can look at that as he "was for hire" even tho the load was his own truck. Again, matter of interpetation of wording of the law. Another thing to keep in mind in all these deals, there are ALWAYS facts left out of a story, side A, side B, and then the whole truth.

 

Done the research in my state, My license is good for combinations up to 26k. My Gross wgt is 25k or less, (capacity ratings). I am using my own trailer, hauling my own junk when I am on vacation.

I even questioned the DOT number thing this year when I registered my truck. I am private, and do not need DOT numbers. I do not own a business, I do not haul for hire. I only haul my stuff or buddies stuff. I do not fall under FMSCA rules because I do not haul for hire. When I am traveling (I go to Moab UT from the Fargo ND area every other year), I carry a MN license handbook in the cab.

I think most people get confused on these rules is when they hook up a goose that has a capacity of 18-20K and this puts them well over the magic 26k number. Just because you are still under 26k on actual load, doesn't mean you are safe, the DOT is looking at rated capacity when they cite you.

 

Once again, a member who think the FMCSA dictates the rules for non-commercial vehicles. I challenge you also to show some proof.

 

This isn't proof, but a DOT Officer told me to buy that book and follow it's guidelines. He knew I was asking about noncommercial towing.

 

Can anybody say what FMCSA means ?

Ok, if you don't know here's the detail on what they do.

Now does anybody understands private and non private ?

 

In PA if you are commercial "CDL" and over 10k gvw or gcwr you need a medical card.
If you are private and over 26000 gvw or gcwr you need a medical card.
You do not need a medical card if you do not fall into either catogory.
In Pa you can legally drive a 26000 straight truck towing a 10000 trailer without CDL, but a medical card would be required.
Stop argueing over this simple stuff.

Yes FMCSA is for commercial hauling, you need to check state laws for private hauling.

When it comes down to it, who in their right mind drives around in a 2500/3500 towing a big trailer and doesn't plan to make $$$. I think the 26k limit is more than fair enough.

 

Here's my exp and 2 cents. Got stopped here in NC other day. Was in our 97 F350 dually, tagged for 20k with one of our ASV PT100's with the fecon head on it & the grapple bucket on the gooseneck, Trailer is rated for 24'5k. Only trouble I had from the 2 DOT guys was, 1 no annual FMC inspection on the truck, "which he informed me if your tagged over 10k you must have, unless private vehicle" 2 not enough chains on the ASV which is BS in my opinon, Had one thru the forestry cage on the back & one thru the loop under the front, & a strap across the head which is bolted on to the ASV, My understanding of the load securement laws are one chain every 10ft & one per 10k pounds of the proper grade chain. "have hauled equipment with this formula for years with no probs & equip alot bigger than a tonka toy skid steer" They said anything weighing over 10k must be bound down @ all four corners. They let me slide on that one. 3, Dipped my fuel tanks also, came up green "thank god"! 4 glad they didnt drag the scales out, pretty sure I was over the 20k tag with all the tools,welder, & full 110 gallon off road tank sitting on the flat bed.

Anyhow asked about them about IFTA sticker & DOT number, They said not required unless the vehicle is tagged for over 26,001. We have IFTA & DOT #'s on our rollback & tractor trailer which is a given! They also told me that if you are towing over 10k you need a class A no matter if you are under 26,001 total gross. Didnt mention med card, but in 14 years of havin my A & stopped or inspected at the scale house I've never been asked to show mine.

One trick to get by with a trailer with a 10k or higher VIN plate. Buy a trailer rated just under 10k & then replace the single tire axles with tandem wheeled axles. Then you have the capacity without the hassles from the super cops. I'm sure someone will say the trailer frames won't hold it, my counter to that is. Adding air pusher axles to trucks increases the weight carrying ability, very seldom are frame reinforcements made when adding air axles except some plating at the attach point. Or one can always add a few crossmembers to stiffen the trailer up.