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Compliance with DOT???

nhdiesel

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My state (N.H.) has started slowly enforcing a law on the books which requires ANY vehicle over 10k lbs. to have the owner's name and address on the door, carry road flares & fire extinguisher, driver must have medical card, etc. This applies even to regular 1-ton pickups!

Right now they are only using it to harass who they want, but its a law that really need to be removed from the books. Can you picture a housewife picking her kids up from school getting nailed for this?

The whole case of whats considered a commercial vehicle has been gone over to death in every truck-related forum I've been on, and there is no clear answer. To anyone with common sense, it would mean a vehicle used in commerce. But since when has the DOT ever had any of that?

I particularly love the exemptions for RVs. Any 85-year who can't even drive their Lincoln down the road can jump in a 40k lb. Class A motor home, hook up to a 30-foot trailer behind it, and drive down the interstate with no special training or license needed. Thats SCARY!

Jim
 

sdb3023

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By my understanding of it a person must be in compliance in the state there in, what the law is where there from means nothing. Case in point, My cousin in MI gets his permit at 15 and comes here to NY, in NY you have to be 16 to get your permit. He is NOT allowed to drive in NY because that's the law of the state he is in. If I was to drive from NY to FL I would have to make sure I was in compliance with every state on my route, just because I am OK in NY does mean that I will be in PA, VA, NC, SC, or GA. My point being other states do NOT have to honor the law of where you are from.
 

USAFSS-ColdWarrior

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By my understanding of it a person must be in compliance in the state there in, what the law is where there from means nothing. Case in point, My cousin in MI gets his permit at 15 and comes here to NY, in NY you have to be 16 to get your permit. He is NOT allowed to drive in NY because that's the law of the state he is in. If I was to drive from NY to FL I would have to make sure I was in compliance with every state on my route, just because I am OK in NY does mean that I will be in PA, VA, NC, SC, or GA. My point being other states do NOT have to honor the law of where you are from.

"Most" states have reciprocol (sp?) agreements with almost all the other states requiring them to honor the issuing state's licensing and registration requirements. That is why some people have registered vehicles across state lines for their benefit.

HOWEVER... the man with the badge standing in front of you beside the road is the one that YOU will have to convince of the position you're trying to assert. In the end - the Judge is the REFEREE in any roadside discussion, and you may be invited to stay in HIS "GUEST HOUSE" until His Honor can make his call on the play.

[Disclaimer: This is not intended to be legal advice - just impersonating "common sense".]
 

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jwaller

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Columbia, SC
M818 with a 109 box instead of the 5th wheel gets close to 26K as-is, but registered as a antique in TX, commercial should not be an issue.


you should be aware that the leo is not going to care what is on your truck or how it is modified. Whatever is on the data plate is what he is going to go by and it is always max GVWR. what the truck happens to weight when you get stopped has zero to do with it unless your over your GVWR.

just because you have taken the 5th wheel off it doesn't mean squat to him. you would have to have a new dataplate made with all the new numbers and such.
 

nhdiesel

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Milan, NH
Exactly correct. The first time I found out about NH's 10k limits was when a friend went to register an old rollback truck I sold him, originally with a 12k GVW, but he registed it for 9999 since he was just going to haul his little Kubota tractor with it. But once stopped by the DOT, he was still ticketed for not having flares, owner info, med. card, etc. When he spoke up about the 9999 registered weight, the DOT officer pointed to the data plate on the door and told him thats all he goes by.

Jim
 

firebuilder

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Central IL
I'm still trying to understand if a deuce can legally be operated in Illinois without being registered commercial (or historic), due to IL bumper and frame height requirements. Or, if registered commercial, can it be operated in non-commercial manner? For example, say I register a truck as commercial, but I don't own a business, have the appropriate non-commercial CDL, and only use it to move my personal property. No money exchanges hands and I don't have all of the equipment/logs required for commercial use. Would I be legal?

Having spoken to a IL DOT enforcement officer, he said "probably" but proving it is not being used for commercial activity to the officer on the side of the road would be the hard part. Since I don't own one yet and won't be able to for a few more years, I've left it at that.
 

nhdiesel

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Milan, NH
Try to look into IL motor vehicle laws regarding equipment of vehicles. N.H.'s bumper height laws only apply up to a certain GVW. Heavier trucks are exempt. A few 4x4 owners have skirted the rules by modifying GM Topkick and Kodiak trucks with a pickup bed and 1-ton axles to be used as lifted pickups, and not have to worry about bumper height.

Also check any applicable antique vehicle laws. Most antique vehicles can get past regulations by being grandfathered. Your truck came from the factory with a high bumper, you shouldn't have to modify it.

Sorry I don't have a clear answer, I'm just trying to help you find the answer.

Jim
 

southdave

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ripley, oh/TDY Lordstown,Oh
I got pull over in oh with 3/4 pickup pulling a drag because the drag had 2 7000# axles mind you that there was on the drag and truck had non-com plates. Luckly I have a class A and current med card. he check it out though
 

bassetdeuce

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Orange City, FL
I particularly love the exemptions for RVs. Any 85-year who can't even drive their Lincoln down the road can jump in a 40k lb. Class A motor home, hook up to a 30-foot trailer behind it, and drive down the interstate with no special training or license needed. Thats SCARY!

Jim
Thats because some old fart lawmakers wanted to ensure that they can drive their busses with no training or special license.

Question: Do you think they would harass a Mainer drivin a deuce in NH with a Maine antique tag. In Maine, antique plated trucks are exempt from such DOT bullsh1t.
 

nhdiesel

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Milan, NH
Once you get out of your own state, most states pay no attention to state-specific rules other than their own. Lets say N.H. has a law stating that no trucks over 10k GVW are allowed to be green :-D Once you leave N.H., the other states don't care that N.H. doesn't allow big green trucks. They have enough to worry about enforcing their own laws.

A very good example would be if one state has very strict antique vehicle laws, and says you can't haul or tow anything with an antique-registered vehicle. Once you leave your state and drive into a state that doesn't have the same limits, they aren't going to bother you just because your state has the limits. Usually they wouldn't know about your state's laws anyway.

Jim
 

bassetdeuce

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Orange City, FL
Once you get out of your own state, most states pay no attention to state-specific rules other than their own. Lets say N.H. has a law stating that no trucks over 10k GVW are allowed to be green :-D Once you leave N.H., the other states don't care that N.H. doesn't allow big green trucks. They have enough to worry about enforcing their own laws.

A very good example would be if one state has very strict antique vehicle laws, and says you can't haul or tow anything with an antique-registered vehicle. Once you leave your state and drive into a state that doesn't have the same limits, they aren't going to bother you just because your state has the limits. Usually they wouldn't know about your state's laws anyway.

Jim
I don't know about that. When I drive my Florida plated dually in Maine, the cops there do not pull me over for not having a front license plate and no inspection sticker. Believe me, speaking as a former Mainer, they latch right on to the inspection sticker thing. And yes, the cops did see my truck and looked at it while stopped at intersections.
 

Csm Davis

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Hattiesburg, Mississippi
As a L.E.O.( law enforcement officer ) and someone who has crossed many of the states, I have never been pulled over in a MV for any CDL or weight issues. I also have personally talked to the head of Florida's DOT and others in Al, Ms, La, Ga, Ca, if you are NOT using your MV for commercial use you are fine and most states will let you get by with what is legal in your home state BUT you may run into a officer who doesn't know that!!:oops: it is not possible to know all of the laws, most of us (L.E.O's) try but as you folk's are finding out it is hard to get a straight answer to only one or two problems, try all of them, ain't happen !! thats why we have a court system, the L.E.O's are just trying to do the best we can do. Now if you are scared and want to be ready for the rookie that just started today find a copy of the laws that give u the right to do what you are doing and keep them in your truck! And guys don't be rude the kid is trying to do a good job! Also if you ask nicely most will ask for a supervisor for clarification, but you may still get a ticket. It is for the courts to figure out later if you are right or wrong and I know that sucks at 3am on sat. night! :roll:
 

USAFSS-ColdWarrior

Chaplain
Super Moderator
Steel Soldiers Supporter
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5,852
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Location
San Angelo, Tom Green County, Texas USA
As a L.E.O.( law enforcement officer ) and someone who has crossed many of the states, I have never been pulled over in a MV for any CDL or weight issues. I also have personally talked to the head of Florida's DOT and others in Al, Ms, La, Ga, Ca, if you are NOT using your MV for commercial use you are fine and most states will let you get by with what is legal in your home state BUT you may run into a officer who doesn't know that!!:oops: it is not possible to know all of the laws, most of us (L.E.O's) try but as you folk's are finding out it is hard to get a straight answer to only one or two problems, try all of them, ain't happen !! thats why we have a court system, the L.E.O's are just trying to do the best we can do. Now if you are scared and want to be ready for the rookie that just started today find a copy of the laws that give u the right to do what you are doing and keep them in your truck! And guys don't be rude the kid is trying to do a good job! Also if you ask nicely most will ask for a supervisor for clarification, but you may still get a ticket. It is for the courts to figure out later if you are right or wrong and I know that sucks at 3am on sat. night! :roll:

a SALUTE the fine fine job that (most) L.E.O.'s do for the rest of us....
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