Stopped by the NCSHP

[wb1895]

Well The decision is in..............

I received a letter from the NC motor carrier enforcement division, and the citation was "upheld" So, I have to pay the $630.00 citation 30 days after the decision was made, of course they held onto the decision letter for three weeks leaving me only 5 days to pay the fine.

The letter said that if I wanted to appeal the decision again, I have to pay the fine and then I can appeal to our local superior court, and ask them to overturn the citation. Then I can wait about 10 months for the state to refund my money.

 

[AceHigh]

As recent as one year ago tickets were tickets.

Now it is revenue to broke governmental units.

 

[tiger422]

Good luck, this hole thing stinks

 

[datsunaholic]

Sadly, I didn't see this turning out any differently. Just because NC let you register in a way that was contrary to the way the regulation was written doesn't make it OK. WA laws are different, there's no Weight limit on a Collector Plate (that's our version) BUT you can't carry anything in the bed of the truck (though they don't typically cite you for a pop-up and a cooler if headed to a show). Gravel, yard waste, or a sofa would get you a ticket here in WA if you had a collector plate, irregardless of the amount.

Hence why I have regular plates on all my vehicles, including truck plates for the full GVWR- even on my 1964 Datsun. Costs a bunch, but at least I won't get trapped driving outside the regulations of a collector plate.

 

[stampy]

What about a regular plate like a car? Mine is registered and insured. I did not hide anything from anyone and have a regular plate.
so can I haul cargo? I have, Heck just the other day I had a trailer in the bed and towbared a m1008 back 2.5 hours from Va.

 

[mikeroot2]

What about a regular plate like a car? Mine is registered and insured. I did not hide anything from anyone and have a regular plate.
so can I haul cargo? I have, Heck just the other day I had a trailer in the bed and towbared a m1008 back 2.5 hours from Va.

All luck will eventually run out. I got away with driving my service truck(commercial vehicle) in the fast lane for 17 years at 70mph(speed limit 60 in MI) then got nailed for improper lane use and speeding in consecutive weeks. Just because you get away with it doesn't mean it is legal.

When I registered my deuce here in Michigan I was told that I had to choices. Commercial plate or GVW plate because the title said "stake" for body style. I was further told if i chose commercial I could not haul anything. Maybe I just got a Jack A$$ office and could have driven around the state til I found one that saw it my way( I really wanted my "M35A2" personalized plate. But they won, for this year.

 

[stampy]

Ok so the solution is what? Register as a commercial truck and get a CDL? Seems like a he!! of a lot of trouble and cost for a hobby and occasional hauling of items.

 

[mikeroot2]

In Michigan the GVWR of the vehicle determines the need for a CDL class A. Here it is 26001 LBS combined GVWR(Truck and trailer). Below that you just need a Chauffers. And you're right, it is a lot of work for occassional use, but since when has our government cared about anything other than $$$$$$$$$$.

 

[stampy]

True! welcome to the "change" people. I guess I will start saving for my ticket also..

 

[wb1895]

You just have to get weighted tags to cover the weight of the truck and whatever else you decide to haul. You also have to get a NC fuel decal because your deuce is tri axle. The fuels decal doesn't cost anything but you MUST keep your fuel receipts and keep track of your mileage so if/when NC decides to "audit" you then can find something else wrong and cost you more money.

 

[stampy]

The statute talks about "carriers" and says many are exempt ie the us gov, and all state gov's .Surprising that no one thought of MV collectors.

 

[littlebob]

Well The decision is in..............

I received a letter from the NC motor carrier enforcement division, and the citation was "upheld" So, I have to pay the $630.00 citation 30 days after the decision was made, of course they held onto the decision letter for three weeks leaving me only 5 days to pay the fine.

The letter said that if I wanted to appeal the decision again, I have to pay the fine and then I can appeal to our local superior court, and ask them to overturn the citation. Then I can wait about 10 months for the state to refund my money.

Find all of the MV clubs in NC and see if they will help you fight in a superior court.
It would be in all of the NC MV'ers intrest to fight it.

 

[greenjeepster]

WB 1895

I think in your case it was a simple mistake and they could have been more lenient, but it is a lesson learned for all of us.

Know the law and obey them. We say it on here all the time that we need to know the law so that our actions don't reflect poorly on MV people.

I run regular truck tags on my deuce. I can haul what I want, when I want as far as I want and the tag cost me about 130.00 a year. Well worth every penny. I am not collecting MVs, I have mine because I like it and it is useful. So I tag it to be useful.

 

[stampy]

I talked with John at the NC motor fuels tax division and yes we must comply. He seemed sympathetic and agreed that we were probably not the intended target but as we are driving 3 axle vehicles that we had to comply unless we get a variance from

NC Department of Revenue
Motor Fuels Tax Division
Attn: Julian Fitzgerald
1429 Rock Quarry Rd
Suite 105
Raleigh, NC 27610

John suggested a letter with pictures and a discription of use. I suggest interested parties send a letter and pictures to the above address and hope that we get a variance or they change the law to exclude non commercial vehicles. You could site the case that one of our group members was cited for this and since we use them for pleasure/parades/ personal enjoyment and not commercial profit that we be excluded. Be respectful ! this is probably just an oversight and if we can muster support from all NC related MV clubs we may be able to get the law changed. Please involve your NC MV clubs in this effort. Thanks

Gus

 

[stampy]

Here is my letter please DON'T copy it and send it to Mr Fizgerald as I don't want him getting 40 copies of the same letter. Feel free to critique it as I don't plan on sending it till tomorrow and can add or subtract from it.

I am writing you in regards to the motor fuels tax stamp and required documentation for three axle trucks. I own a M35 a2(see pictures) US military truck (typically called a deuce and a half). It came to my attention through a military truck forum that many NC military vehicle collectors may not be in compliance per the current regulations unless we have a fuel decal, a tax decal and keep up with our receipts (in case of audit by the NCDOR). I am writing today to ask you for a variance/exclusion for personal NON COMMERCIAL use ex military vehicles specifically 6X6 trucks in this category.

It is my assertion that military vehicle collectors should be exempt from compliance with this law. Most NC military vehicle owners wish to preserve our military heritage by maintaining ex US military equipment for static display/parades/military vehicle rallies/disaster assistance, and transport to such events. These rallies and other events are all non commercial events done for charity and we are typically not reimbursed for any expenses but do it for the love of the hobby. The M35a2, a3, m109 and other variants are all well under the 26001 lb limit (even if you are towing a military trailer). Some events are across state lines also ( I am 20 miles from the Va line for example and sometimes travel there) We pay fuel taxes every time we fill up at the pump.

I ask that you consider granting "hobby vehicles such as parade vehicles or ex military vehicles used for personal NON COMMERCIAL use" and exemption or exclusion from the current NCDOR fuel sticker requirements and record keeping, as I feel that was not NCDOR's intent to include this type of vehicle under it's ruling. We are a small group of collectors and do not make up a significant addition of revenue for the state while providing a significant benefit. I appreciate your time and consideration in this matter. Please let me know if you need additional information and the status of your decision. Thank you again.

 

[greenjeepster]

Some times it is better to just keep a low profile, follow the law and keep quite. He who makes the noise gets all the attention. Raising a fuss about something as trivial as a fuel sticker may open a whole new can of worms that we haven't even began to dream of yet.

Pick your battles... this isn't one I would pick.

 

[stampy]

Thanks Greenjeepster that something i will think about.

 

[dieselfuelonly]

I live in NC too and am wondering if I need to get one of these fuel stickers. Do they cost anything?

I just got a weighted plate for my Deuce, got it tagged for 23,000lbs. But it sounds like I need one of these stickers as well.

[EDIT]

Sorry just read the previous page and saw that they don't cost anything but you have to keep track of fuel receipts and mileage... but I like to do that anyway so I can hand calculate my MPG.

Is this the right form?

http://www.dornc.com/downloads/gas1274a.pdf

 

[m16ty]

I run farm tags here in TN. They are a weighted tag but they are cheaper than commercial. I can haul whatever I want and don't have to deal with any of the commercial regs. I don't know if farm tags are an option in other states but if they are you might want to check into them.

 

[wb1895]

Stampy,

Did you ever hear back from the NCDOR? I am curious as to what might have happened.