Weight station Question

[rorybellows]

just make sure that trailer yer towin and the rig on it is properly secured. dont want it fallin off as youre blowin thru/ by the scale haus. also, do pre, during checks like i know all you gear jammers know how to do.

 

[Josh]

you could always find out were all the weigh stations along your route are going to be, and use mapquest to find a route around them... may take longer, but then you dont have to even worry about it.

 

[stumps]

...
Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle—
(1) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or
...
You would be a CMV in a Not for Hire Status...

I think you missed something when you read (1). Notice that it says: "...motor vehicle used on a highway in interstate commerce..."

Commerce requires a business purpose. He has none.

Everything in the statute you posted does not apply.

-Chuck

 

[zyrtecx]

Yes, It does APPLY!

 

[stumps]

Yes, It does APPLY!

Only in the negative. What part tells you it applies?

-Chuck

 

[nhdiesel]

The sticky point is the term "used in commerce". What is considered commerce? Thats pretty much up to the DOT and the judge. The owner of the truck is hauling a load for someone else. In many places that makes it commerce. Is anything exchanging hands? If the owner of the load pays in any way- be it fuel, food, trading parts, etc., then it can be considered commercial.

You need to find the various state's definitions of "commercial". Don't attempt to use common sense...this is the govt. we are talking about.

Jim

 

[Stan Leschert]

The very quick answer is, to avoid problems, go through the scales. There is a lane for under loaded trucks, but you would be best to take the lane over the scales. The inspector will probably only stop you to bs about your sweet new cargo. You'll be under weight, so you'll have no problems. All provinces, states and territories have their own goofy laws and interpretations. Drive like a proffesional, ad you won't get the gears like a civvy goof. Have a great trip, and make sure to brag and post photos. Stan.

 

[stumps]

The sticky point is the term "used in commerce". What is considered commerce? Thats pretty much up to the DOT and the judge. The owner of the truck is hauling a load for someone else. In many places that makes it commerce. Is anything exchanging hands? If the owner of the load pays in any way- be it fuel, food, trading parts, etc., then it can be considered commercial.

You need to find the various state's definitions of "commercial". Don't attempt to use common sense...this is the govt. we are talking about.

Jim

The bulwark standard of common legal definitions is Black's Law Dictionary. Every lawyer and judge in every state, including the Supreme Court Justices has a copy and references it frequently. Pulling out my copy, I look up the definition of Commerce:

Commerce. The exchange of goods, productions, or property of any kind; The buying, selling and exchanging of articles.

After Black's Law got done defining the word, it went on to define various forms of commerce, giving legal citations, but each of those forms had as its root buying, selling, and exchanging...

In my (unqualified) opinion, it does not matter that you are doing it for another person. What matters is you are not exchanging anything in return for the act. That includes lunches fuel, prizes, and tax deductions (charitable deductions)... although some states specifically exclude such infrequent, and minimal compensations from commerce.

The 10,001 GVW section that you seem to have taken as an inclusion to commerce was actually an exclusion that eliminated commercial use of lighter vehicles from regulation by that act.

But, IANAL (I Am Not A Lawyer), I just have spent enough time writing contracts, and hanging around lawyers that I need my own copy of Black's Law Dictionary.

-Chuck

 

[SCSG-G4]

When I'm driving my deuce, I'll pull through the weight stations. Have always gottten the green light (in NC, a wave to keep going), and it only takes a minute or so. A lot easier than 20 minutes of explaining on the side of the road.

 

[Scarecrow1]

If in its in question call the DMV of each state you have to go through Giving away good money to bad advice is a hard lesson . But I know that a cdl has nothing to do with the tow weight , its only a driver classification.

 

[glcaines]

I would definitely stop at all weigh stations. I have been chased down in Florida, and they were not happy.

 

[stumps]

Going through the scales is most probably the right answer.

The problem is the scales are also safety inspection/impound stations, and sometimes their definition of safety doesn't match our definition of safety. For instance, a trucker friend has told me of being stopped because he didn't have the steel caps on his tire valves, or he dripped oil from some casting, or another, or because he put a spare tire on his rig that had the oil streaks from an earlier axle leak.

When they stop you, you aren't moving again until you fix the problem, or the wrecker comes.

I think the best answer is to avoid routes where there are weigh stations whenever possible... unless you are feeling really lucky.

-Chuck

 

[docfarmall]

This is what i have found after talking to different DOT officials each one interprets the law a different way and the same with the STATE HIGHWAY PATROL everyone on here can read a part of the codes and each will have a different view also so do it however you see fitting go ahead and drive thru if they wanna see ya you will GET A RED LIGHT stop go in and see what they gotta say .

 

[ncdeerejeep]

This is from the NCSHP link to the Motor Carrier Section FAQ:

What trucks are required to enter a North Carolina Weigh Station? All trucks (or a truck and trailer combination) with a manufacturer?s GVWR of 10,001 lb or more are required to enter a Weigh Station in North Carolina.

Here are all the FAQ'S:
NC Department of Crime Control and Public Safety

I have found you can ask 4 different NCSHP MC officers the same question and get a different answers from each one. Good luck.

 

[nhdiesel]

By that wording it sounds like they would require every 1-ton pickup being driven by a mom bringing a swingset home for her kid to stop. In fact, dpending on how you interpret the wording for the combination weight, it almost seems like they would want anything with a combined weight of 10001 lbs. to stop, which would mean a 1/2 ton truck (or even my Durango) pulling a medium sized car or horse trailer. And unless you missed copying part of it, I don't see anything exempting RVs.

Jim

 

[Nonotagain]

By that wording it sounds like they would require every 1-ton pickup being driven by a mom bringing a swingset home for her kid to stop. In fact, dpending on how you interpret the wording for the combination weight, it almost seems like they would want anything with a combined weight of 10001 lbs. to stop, which would mean a 1/2 ton truck (or even my Durango) pulling a medium sized car or horse trailer. And unless you missed copying part of it, I don't see anything exempting RVs.

Jim

RV's aren't trucks so that point is moot.

When you get into the class of a dually pick-up truck pulling a tandem axle trailer, you best stop by the scales.

I have only been tagged out of service for oil leaks in California, your results may vary.

The example of the 1/2 ton pick-up truck hauling a swing set being stopped is a little extreme, however if you exceed the 10,001 GVWR weight limit, you are subject to the law as assign as it is.

The original question was asked about a Ford F550 truck and tandem axle trailer. The minimum GVWR of the 550 is listed as 11,710 lbs, F550 Truck Specs, Ford F550 Truck Specs, F-550 Truck Specs and Sales, Ford F550 Truck Dealership, Ford F550 Truck Specification, Ford F550 Info , which means that this vehicle must stop for the scales in NC. The North Carolina guidance listed does not specify whether used commercially or private.

 

[bassetdeuce]

RV's aren't trucks so that point is moot.

What about a a dually pulling a 5th wheel trailer RV?

 

[Nonotagain]

What about a a dually pulling a 5th wheel trailer RV?

The GVWR of the dually would dictate whether or not you need to stop.

The travel trailer is classified as a RV, but the tow vehicle is still a truck quite possibly with a GVWR over 10,001 lbs which triggers stopping at the scale.

The North Carolina public safety website sucks for providing information. It would take a reading of the statues and all of the exclusions to give further informed opinion.

 

[LanceRobson]

If the truck registration has any kind of a business name on it you'll be in, at the least, a dark gray area. If it has your buddy's name on it you should be OK.

A Google search of "Do I need a CDL?" came up with:

Do you drive a combination vehicle

when Do You Need a CDL at The Unofficial DMV Guide

The first site has on line study guides and sample test questions and is indexed by state.

As noted above, if the GCVW is over 26K, you need to stop. The F-550 is at 11K+, the deuce is 13K+ so unless the trailer is made of balsa wood, you'll need to stop. Lastly what is the trailer registered for? If it's registered for pick up truck weights you may have more weight on it than it's registered for.

Lance

 

[tblackbu_77]

Well I made it home . Left Thursday at lunch for the 10 hr trip to KY. F550 and 10 ton rated trailer which weighed 6000 # . Never went through a scale house on the way there. NC had 2 open , VA had one open on 77, WV was closed for Construction and KY was closed Made it over to Frankfort Friday morning, found the Deuce and with the welcomed permission from the Sgt helping us, he let me drive it back to the flatbed loading area which had a drive on dock the same height as our trailer.

My buddy and I discussed the right ad wrongs of scale house drive by's and opted to stop at the ones open and take the chance. doing the math we were about 3k over gross.
Found out from Eric with Hotshots(thx Eric) that KY doesn't have outbound scale house on 64 east of Lexington. Great, 1 down 4 to go. Rolled past a KY DOT guy weighing a semi, so while he was busy we made a bigger carbon foot print gaining distance. Rolled in WV at Hurricane, scales closed for repair. Awesome 3 more.
Crested the mtn top in Bland VA on 77 saw the big red CLOSED sign on the scales, it was 9pm, 2 more baby. Crawled down 77 into NC, telling my self the pain in my bladder was the 3 diet pepsi's needing to come out, saw the weigh station 1mile ahead sign, in the hammer lane comes a empty tanker running 75 and not movig to the right lane, he must know something, off in the distance I see the welcoming red CLOSED lights. 1 more to go.
If anyone is gonna get us the one on I85 in Mebane NC will. It's a weigh in motion scale, and Motor carrier enforcement training location.
Time is now 11:45pm, flat 8 lanes of interstate thru there, F550 turbo's spooled up stage 4 on the computer making the engine purr cruising about 72. Come to all truckers move to the right lane sign, scales ahead. No other trucks around as we are rounding the curve, hoping, hoping, hoping,,,,, We have a winner, Red CLOSED lights.

Pulled into home at 1AM.