Here is a copy of the letter that I sent into the Motor Carrier Enfoecement section of the NCSHP. Heres hopin that all goes well.......
Dear Sir or Madam,
This letter is in reference to Citation number 3179239-3 written by Trooper M.T. Dalton of the NCSHP on 02-19-2010.
On February 19, 2010 at 1552 hrs I was stopped by Trooper Dalton of the NCSHP for a weight violation. I was driving a 1971 military M35A2 commonly known as a deuce and a half. I have the truck registered as an antique vehicle. After Trooper Dalton stopped me at the intersection of US Hwy 64 West and Yadkin College Rd. he informed me that the probable cause for his stop was an over weight tag violation. Trooper Dalton informed me that the antique registration that I was running on the truck was only valid for 4000lbs. I told Trooper Dalton that when I registered the truck with the Lexington Tag Office I explained to the woman behind the counter what the truck was and that it weighed 13,530lbs empty and was capable of hauling a payload of 10,000lbs. I asked the woman behind the counter if I needed to get a weighted tag or if I could run the antique tag on the truck. The woman behind the counter told me that because the truck was an antique that I did not need a weighted tag and that the antique tag would cover the truck with no issues.
As a former Lexington Police Officer I researched the statutes regarding the antique tags and found that no where in NCGS 20-79.4 sec. 17 does it say anything about a weight restriction on a antique tag. It simply states “issuable to a motor vehicle that is at least 35 years old measured from the date of manufacture.” The truck I purchased, as stated above is a 1971, which would make the truck 39 years old.
I primarily use this antique military truck for public displays, parades, and other historical events. During my encounter with Trooper Dalton I was using my truck to pick up approx 6000 lbs of gravel to fill in several washouts in my driveway from the recent rains. Normally this truck is not driven except to the above mentioned events.
I am a member of a group of individuals that collect historic military vehicles and we were all informed of the same thing by our local tag office that these trucks are considered antiques and do not need weighted tags. I know of several people who live in NC that have the exact same truck as mine and all of our trucks have been registered as antiques with no weight restrictions mentioned by the tag office at the time the tags were purchased.
I ask you to please consider the misinformation that was given to me by the Lexington Tag Office and void this citation. I also ask for clarification on the weight and registration laws so my fellow collectors and I can be in compliance with NC laws
Sincerely,
Walter Blower
