bulldog_mack13
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Neil , so do I buddy.
Like I could afford weighted plates on a 818 anyway lol.
Like I could afford weighted plates on a 818 anyway lol.
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Just got a ticket need help!
- Thread starter ncduece
- Start date
davesgmc
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license? we dont need no stinkin license!
Try Taging a ferret in kansas and pissing someone off,,,wow, the chaos THAT causes!
Try Taging a ferret in kansas and pissing someone off,,,wow, the chaos THAT causes!
jatonka
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Mount a .50 on it and call it good.
BEASTMASTER
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man oh man.i'm so confused.
DicedDeuceMan
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since I don't have a gun, I'm not shooting from the hip.
Since your not a lawyer. Your interpertation is the same as the Dot cops. Sketchy.
"I had my state senator propse on my behalf" This makes you sound anal and pompase.
Every state has a spot for personal "private owned" Its' when you cross state line, this becomes whats know as fed rules.. usually over 10k across state lines, and you have to follow, you can get away with more if it's your property.. But never count on it. If you never want to leave NC, run under the radar, it's legal.. Cross state lines, and it becomes interpretation.. Less and less cops are letting old trucks get by..
This man tagged his truck heavy, didn't know the law, the law states "ignorance is no excuse"
So your advice to clam, "Hey, I'm dumb.. let me off " , does not work in court, unless it is friday at 8 am, and you are the first in line to see the judge, once other perps soil his day, you have a 50/50 chance. Mondays at 3.30 pm, you have a 99 to 1 chance..
Good luck with your fight
Dave911
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In Indiana the tag weight has nothing to do with commercial or not. I know of a guy who has a tandem semi truck and a 48 foot trailer that he uses to haul his race car. It has RV plates on it since he has a small bedroom in the front of the trailer with a bathroom.
As I mentioned I have a couple of truly commercial trucks and they are registered as such.
When I had the DOT cop come out to do an inspection since I was then setup as interstate she looked at my trucks and I had my M51 dump parked nearby also. I told her that I do not use the M51 truck for commercial use and she told me that they don't mess around with military trucks. (Indiana has a few military bases here - less than at one time) She said that the military instructs the truck drivers to stop buy not even roll down the window if they are pulled over by the police or DOT so she said they just don't mess with any military vehicles.
In Indiana there is a state statute on MVs. No plates are required. I went to the BMV and they told me I should put Historical plates on it in case I went out of state where the laws are different.
Anyway, if you are not commercial - stay away from the commercial trucking side of the law. Most of the laws applicable to commercial trucks are really revenue generators and have little to do with safety. Make sure you have a fat wallet if you want to run a commercial truck. Fuel is only a small part of it.
Dave
M51 dump, trailers, trucks, way too much other stuff
As I mentioned I have a couple of truly commercial trucks and they are registered as such.
When I had the DOT cop come out to do an inspection since I was then setup as interstate she looked at my trucks and I had my M51 dump parked nearby also. I told her that I do not use the M51 truck for commercial use and she told me that they don't mess around with military trucks. (Indiana has a few military bases here - less than at one time) She said that the military instructs the truck drivers to stop buy not even roll down the window if they are pulled over by the police or DOT so she said they just don't mess with any military vehicles.
In Indiana there is a state statute on MVs. No plates are required. I went to the BMV and they told me I should put Historical plates on it in case I went out of state where the laws are different.
Anyway, if you are not commercial - stay away from the commercial trucking side of the law. Most of the laws applicable to commercial trucks are really revenue generators and have little to do with safety. Make sure you have a fat wallet if you want to run a commercial truck. Fuel is only a small part of it.
Dave
M51 dump, trailers, trucks, way too much other stuff
NC law says 3 axles and 26000 or more is comercial and requires a CDL. The 26000 also includes the weight of a trailer. They only register vehicles in 1000 lb increments. You would need to register the truck for 25000 and never tow a trailer that puts your combined weight over that-or get the fuel permit and a CDL
Dave911
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>>NC law says 3 axles and 26000 or more is comercial and requires a CDL. The 26000 also includes the weight of a trailer. They only register vehicles in 1000 lb increments. You would need to register the truck for 25000 and never tow a trailer that puts your combined weight over that-or get the fuel permit and a CDL
<<
That is simply not true..... and I don't even live in NC. It took me 2 minute to find this:
[FONT="]http://www.ncdot.org/DMV/driver_services/drivershandbook/chapter1/typesLicenses.html[/FONT]
26K or more requires a Non commercial Class B license.
A non commercial license and a commercial license are two different things.
Then further below on the same page it states.....:
You do not need a CDL to drive recreational vehicles, military equipment, fire and/ or emergency equipment or certain farm vehicles. However, a regular license of the appropriate class is always required.
Hence a deuce with a GVWR rated about 24K lbs plated at 26,000 lbs towing a trailer rated at 10K lbs is legal with a class C non-commercial license.
Dave
<<
That is simply not true..... and I don't even live in NC. It took me 2 minute to find this:
[FONT="]http://www.ncdot.org/DMV/driver_services/drivershandbook/chapter1/typesLicenses.html[/FONT]
26K or more requires a Non commercial Class B license.
A non commercial license and a commercial license are two different things.
Then further below on the same page it states.....:
You do not need a CDL to drive recreational vehicles, military equipment, fire and/ or emergency equipment or certain farm vehicles. However, a regular license of the appropriate class is always required.
Hence a deuce with a GVWR rated about 24K lbs plated at 26,000 lbs towing a trailer rated at 10K lbs is legal with a class C non-commercial license.
Dave
DicedDeuceMan
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Dave 911,
From what you've posted, since his truck was tagged for 30k, he fell into all the dot rules I posted (shooting from the hip)
Relistically, the cop went very easy on him..
Get it retaged , play stupid, hope on being first to see judge.
And good luck.
But dont cross the state line without checking if they honor NC rules.
From what you've posted, since his truck was tagged for 30k, he fell into all the dot rules I posted (shooting from the hip)
Relistically, the cop went very easy on him..
Get it retaged , play stupid, hope on being first to see judge.
And good luck.
But dont cross the state line without checking if they honor NC rules.
rtjraleigh
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Sorry, once again a thread out of control. To much conflicting info and personal opinion's are gonna mislead this guy and anyone else that tries to read it. I was lost by the 2nd page. Not trying to be a jerk or start a "war" just giving my opinion.
bottleworks
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I have a farm plate with 28K of registered weight.
You must pay for the weight of your truck including the weight of your cargo hauled. The DMV will give you any plate you want. I used to have a regulator 4K plate on mine when I first got it. I even asked the DMV lady "are you sure? I don't need anything special?" That antique plate has the default 4K. "as declared by the owner or operator..." <- You have to let them know what you need, not the other way around.
See NC GS 20-88
GS_20-88
Dave911
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>>Relistically, the cop went very easy on him..
Get it retaged , play stupid, hope on being first to see judge.
And good luck.
But dont cross the state line without checking if they honor NC rules.
<<
From what I read the cop gave him a ticket for his only offense - not having the IFTA sticker. He didn't go easy on him.
I'd pay the $100 - consider it road tax and move onto the next project...
Regarding the comment about this thread being out of control .....
No, the laws regarding trucks near and above the 26K GVWR is complex and confused. The confusion regarding the subject is justified by the goofiness of both the state and the federal laws.
I have found that in Indiana and Ohio, the BMV people simply do not know the law. Many LEOs do not understand the law fully. I have found that even the Indiana DOT and IRP folks oftentime misquote the law. I've had to print off and show them the statutes before. Sad but true. When I first registered my M51 dump I took the Form 97 to the BMV and they told me I had to register it as a commercial truck and the plates would be about $500 per year. I went home, found the statute exempting MVs from commercial vehicle registration requirement when owned by a private indivual the they sheepishly agreed with me after a long phone call with their mother office in Indy. They admitted that they had not enacted the license requirements put into place by law many years earlier. They decided the best thing to do would be to give me a historical plate for $35 and that should keep me clear of the Indiana LEOs who they were sure would not know the law either. So I keep a copy of the legal code in the glove box...
If you guys think that this is difficult to understand, you should see the mess that the CMV owners have to deal with. Drug tests, bi yearly physicals, drug and alcohol training awareness crap.... it just goes on and on. I'm amazed that anyone finds it worthwhile to drive a semi interstate ... it is that bad.
Get it retaged , play stupid, hope on being first to see judge.
And good luck.
But dont cross the state line without checking if they honor NC rules.
<<
From what I read the cop gave him a ticket for his only offense - not having the IFTA sticker. He didn't go easy on him.
I'd pay the $100 - consider it road tax and move onto the next project...
Regarding the comment about this thread being out of control .....
No, the laws regarding trucks near and above the 26K GVWR is complex and confused. The confusion regarding the subject is justified by the goofiness of both the state and the federal laws.
I have found that in Indiana and Ohio, the BMV people simply do not know the law. Many LEOs do not understand the law fully. I have found that even the Indiana DOT and IRP folks oftentime misquote the law. I've had to print off and show them the statutes before. Sad but true. When I first registered my M51 dump I took the Form 97 to the BMV and they told me I had to register it as a commercial truck and the plates would be about $500 per year. I went home, found the statute exempting MVs from commercial vehicle registration requirement when owned by a private indivual the they sheepishly agreed with me after a long phone call with their mother office in Indy. They admitted that they had not enacted the license requirements put into place by law many years earlier. They decided the best thing to do would be to give me a historical plate for $35 and that should keep me clear of the Indiana LEOs who they were sure would not know the law either. So I keep a copy of the legal code in the glove box...
If you guys think that this is difficult to understand, you should see the mess that the CMV owners have to deal with. Drug tests, bi yearly physicals, drug and alcohol training awareness crap.... it just goes on and on. I'm amazed that anyone finds it worthwhile to drive a semi interstate ... it is that bad.
lsansone
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interesting thread. this is a murky issue for sure. just went through this in CT with my m817. temp plates had 22k light weight and 23k heavy weight because I was going to register it historic plates. The DMV underestood that and allowed the temp registration to be issued with these weights
when it came time to complete the historic registration the official registration was printed out with both the light weight and the gross weight left blank.
On the VIN verification the DMV inspector had written 30k gvw, but that really did not mean anything to the actual DMV group issuing the plates. I asked why they did not put any weight at all on the reg and they told me because it was historic. In that classification weight is not an issue. all vehicles cost the same $40 dollars per year and it does not matter how much they weigh.
I know that this was not an isolated incident, because recently I was going to purchase a ford 9000 @ 37k gvw and it had historic plates as well. its registration had the same light weight and gross weight just left blank by the DMV.
Prior to all of this I did make many calls to the DMV about all of this and they ended up with a 3 way phone converstion with 3 different departments and they came back with the opinion that antique plates exempt the vehicle from all of the commercial stuff.
I just wish I had this in writing. I am sure that some rookey well meaning LEO will not understand this and cause trouble. BTW I dont have a cdl at this time, but will be getting one just to be on the safe side. it does not look all that hard to do for a class B
I agree with some of the posters that this grey area should be cleared up. it stinks having to wonder if you are on the right or wrong side of the law.
when it came time to complete the historic registration the official registration was printed out with both the light weight and the gross weight left blank.
On the VIN verification the DMV inspector had written 30k gvw, but that really did not mean anything to the actual DMV group issuing the plates. I asked why they did not put any weight at all on the reg and they told me because it was historic. In that classification weight is not an issue. all vehicles cost the same $40 dollars per year and it does not matter how much they weigh.
I know that this was not an isolated incident, because recently I was going to purchase a ford 9000 @ 37k gvw and it had historic plates as well. its registration had the same light weight and gross weight just left blank by the DMV.
Prior to all of this I did make many calls to the DMV about all of this and they ended up with a 3 way phone converstion with 3 different departments and they came back with the opinion that antique plates exempt the vehicle from all of the commercial stuff.
I just wish I had this in writing. I am sure that some rookey well meaning LEO will not understand this and cause trouble. BTW I dont have a cdl at this time, but will be getting one just to be on the safe side. it does not look all that hard to do for a class B
I agree with some of the posters that this grey area should be cleared up. it stinks having to wonder if you are on the right or wrong side of the law.
paulfarber
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Its all really simple:
Every State is different.
FEDERAL CDL is of absolutely no concern as they specifically exempt non-commercial, private vehicles of all weights.
STATE CDL is all over the place. Figure it out, and if someone at the DMV says its OK, ask them for the statute number, and get a copy of it for the vehicle. If the State wants to declare pink bicycles with wicker baskets as Commercial, they can.. and if you live in that State it sucks to be you.... but out of State pink bicycles with wicker baskets are fine.
Historic/Antique plates are also goofy and each State is different. The restrictions on Historic plates are generally no hauling/towing, but I have not read anyone getting a ticket for it.
Farm plates are also goofy... and generally have a radius limit (100 miles from the registered address or something).
Every State is different.
FEDERAL CDL is of absolutely no concern as they specifically exempt non-commercial, private vehicles of all weights.
STATE CDL is all over the place. Figure it out, and if someone at the DMV says its OK, ask them for the statute number, and get a copy of it for the vehicle. If the State wants to declare pink bicycles with wicker baskets as Commercial, they can.. and if you live in that State it sucks to be you.... but out of State pink bicycles with wicker baskets are fine.
Historic/Antique plates are also goofy and each State is different. The restrictions on Historic plates are generally no hauling/towing, but I have not read anyone getting a ticket for it.
Farm plates are also goofy... and generally have a radius limit (100 miles from the registered address or something).
cyberspace_7
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One thing is for sure in this thread...he IS driving a deuce! Don't think he will need one...
kennyb1914
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Are you in a business
I'm a DOT inspector in MD. The first thing I would want to know is are you using this vehicle in the furtherance of a business? If you are using it for any type of commercial enterprise then the violation is legitimate. If you use it for recreation however, I would rebut the citation in court. You may have to research NC law and see exactly how the regulations are applied in your jurisdiction.
I'm a DOT inspector in MD. The first thing I would want to know is are you using this vehicle in the furtherance of a business? If you are using it for any type of commercial enterprise then the violation is legitimate. If you use it for recreation however, I would rebut the citation in court. You may have to research NC law and see exactly how the regulations are applied in your jurisdiction.