DMV/ City of Viirginia Beach classification of M35a2

[Gemini78]

Is a M35a2 considered a commercial vehicle?
I have checked all the TM's I can find and the military definition of a M35a2 is a "truck,cargo". Hubby and I have a 1973 M35a2 and the city of Virginia Beach is telling us that this is a commercial vehicle. We have insurance through USAA and normal antique plates on the beast.

~ all help is greatly appreciated~

Any links that I could print out to prove to Mr. Zoning Inspector would be of great help!

 

[OldDominionIron]

I would point out that the DMV issued you antique plates, not commercial plates that would be required if you were using the truck for commercial purposes. I'll be following this thread as I live in Hampton, just up the road from you. In the meantime, I'll check out the definition of "commercial" in the Virginia state code. Good luck.

 

[USAFSS-ColdWarrior]

Research and present the Interstate Commerce definition of "Commerical Use". Are they prepared to also "commercialize" large RVs?

 

[OldDominionIron]

Since the ICC was abolished years ago, most of its duties and responsibilities have been taken over by the Federal Motor Carrier Safety Administration. Here is their definition of a commercial motor vehicle.


Commercial motor vehicle (CMV) means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle— (a) Has a gross combination weight rating of 11,794 kilograms or more (26,001 pounds or more) inclusive of a towed unit(s) with a gross vehicle weight rating of more than 4,536 kilograms (10,000 pounds); or
(b) Has a gross vehicle weight rating of 11,794 or more kilograms (26,001 pounds or more); or
(c) Is designed to transport 16 or more passengers, including the driver; or
(d) Is of any size and is used in the transportation of hazardous materials as defined in this section.

So, although the deuce was designed to carry 16 or more passengers, you are NOT using it in a commercial venture as stated in the initial paragraph, which makes subsection (c),. as well as the other subsections, moot. I just got off the phone with the Virginia DMV, and when I explained that the vehicle is not used for commerce and the subsections shouldn't apply, the clerk said I was answering my own question. Antique plates + not used for commerce = private vehicle, not a commercial vehicle.

Here is the link to the Federal site: Part 383.5: Definitions. - Federal Motor Carrier Safety Administration

Just my $.02.

 

[USAFSS-ColdWarrior]

OldDominionIron:
Thanks for doing that research. I've been at work and unable to ferret it out for this thread.
You have my SALUTE, Sir!