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Trailer enforcement warning (or, your government $ at work) (a bit long)

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Old 07-17-2008, 10:29 AM
  #61  
MUSSBERGER
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If I have a DOT number can I write off all my expenses?

Just asking

The only thing I know for sure about the DOT regs is that nothing is for sure. Nobody knows! The cops don't know and we don't know. Its all in the way they interpret the regs. And they are the ones with the guns and the ticket books.
Old 07-17-2008, 10:35 AM
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Rick, I gave my dad the article and he took it down to the shop, so next time you stop at the shop it should be down there.
Old 07-17-2008, 11:19 AM
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Here's what I found for state by state towing laws:

Not so easy to read

We're looking to buy a new trailer so this thread is pretty timely, thanks for the heads up
Old 07-17-2008, 11:21 AM
  #64  
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Originally Posted by MUSSBERGER
The only thing I know for sure about the DOT regs is that nothing is for sure. Nobody knows! The cops don't know and we don't know. Its all in the way they interpret the regs. And they are the ones with the guns and the ticket books.

Point of Order, Mr. Chairman !...

The FMCSA ("Federal Motor Carrier Safety Administration"...the part of the US DOT that regulates vehicles used in commerce) publishes "guidelines" for how their own regulations should be interpreted. There are links to those documents in my posts earlier in this thread. In a rational world, these should trump any "opinion" by some ******* with a gun, or some knumbnutz judge in the hamlet of East Overshoe.

They can write all the tickets they want...you just have to be prepared to confront them with the Federal regulatory agencies own "interpretations" of their own rules.

I feel another rant coming on......
Old 07-17-2008, 02:47 PM
  #65  
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Hi Rick,

I may have missed in somewhere in this thread - I just came across it and don't have all day to read it all, but in what state did this happen?

I had almost the exact same thing happen to me about a year ago while crossing the Tappen Zee bridge in NY. I had my race car and a personal car in it. He pulled me over and asked for all the same thing you were asked for: log book, CDL, DOT numbers on the truck and trailer, safety stuff, etc. I had a F350 dually with a 40' 2 car trailer.

Yes, because I had my company name Exclusive Motors and yes because it was owned by the company is probably why I got cited. He went back to his vehicle, pulled up my website, and determined that since I own a car business, it was obvious I was pulling cars for my business and it was for interstate commercial commerce.

I showed him that the cars were registered to me, but he wasn't buying it.

Now, the bad part: He called a tow truck and had me towed!! No waiting 10 hours, it was "you have no CDL" and I didn't know of anyone in the area that did. Besides, it would be driven illegally if I left , so before I could drive it again, I had to have it DOT licensed....in my home state of North Carolina 12 hours away....but I couldn't get it there because I couldn't drive it.... His answer? "you should have thought of that before you left North Carolina".

Luckily, I knew a NY Trooper that lived near by and he came to help. He convinced the ticketing officer to have me towed to his house and I would be "under his supervision". I stayed at his house a few hours, then left and drove home hoping to not get stopped again.

Since I thought all of this was BS, I decided to fight the 4 tickets he wrote me. It took 4 months to get a court date, but when I did, I had to drive all the way back up to NY. I talked to the DA about it, then the judge, and they both said I was wrong, the trooper was right, here's your fine, and don't ever come to NY with that truck and trailer again until it's licensed correctly.

Now, through all this, they cited the 26,000 lb GVWR commercial limit. And it's not what the vehicle actually weighs, its what's on the VIN plates. My truck and trailer GVWR was 26,120..... all this for 120 lbs.

So....we sold the truck and trailer.

Interestingly, when we got it all originally, I stopped at the NC weigh station (I didn't know if I needed to or not) and was told that since we are not a commercial trucking company, we don't need to be registered as commercial. the NY law people don't car about that I guess.....
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Old 07-17-2008, 03:07 PM
  #66  
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Everything you need to know is here - http://www.fmcsa.dot.gov/rules-regul...fmcsrguide.htm
Old 07-17-2008, 10:37 PM
  #67  
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Originally Posted by por29
This is one of the best threads of read to date. Pretty sure I'm skating on the pretty thin ice.
Almost makes my 10 hours by the side of the road worth it!
I too enjoy learning something new.
The way I see it - its still better than a breakdown or a crash like the SUV with trailer facing the wrong way off to the side of the NY Thruway on the last tow home from Watkins Glen.
Old 07-17-2008, 10:39 PM
  #68  
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Originally Posted by MTosi
Rick, I gave my dad the article and he took it down to the shop, so next time you stop at the shop it should be down there.
Thank you, Mike - I have some bearing noise that may needs his ministrations.
Old 07-17-2008, 10:41 PM
  #69  
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Hi Bob
It was in VT; my experience was a walk in the park compared with yours.
So, you like NY?
Old 07-17-2008, 11:17 PM
  #70  
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very good point rick

jack
Old 07-18-2008, 07:43 AM
  #71  
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Now, through all this, they cited the 26,000 lb GVWR commercial limit. And it's not what the vehicle actually weighs, its what's on the VIN plates. My truck and trailer GVWR was 26,120..... all this for 120 lbs.
Ugg... agrees with what I was told , FYI most trailer companies will give you a de-rated tag to get under the the 26.000 rule.

HI ALL; fyi with housing etc so bad definitly no racing this year. Thinking of selling GT1 car, pit cart and trailer as a turn key deal and moving to something with a lighter budget. maybe an early air cooled cup. If anyone is interested in a serious big dog car keep your eyes open for an ad soon.
best regards
Bill
Old 07-18-2008, 09:47 AM
  #72  
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This thread is making my head spin. I tow with an F350 Superduty owned by my company, commercial plates, no signage at all. Open trailer and car in my name, nothing other than numbers and Scruffy on the car. Trailer has a few car club stickers on it. 60 lb N tank under the rear seat of the truck. Am I going to be in trouble if I go to NJ this weekend?
Old 07-18-2008, 10:02 AM
  #73  
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Originally Posted by Mussl Kar
This thread is making my head spin. I tow with an F350 Superduty owned by my company, commercial plates, no signage at all. Open trailer and car in my name, nothing other than numbers and Scruffy on the car. Trailer has a few car club stickers on it. 60 lb N tank under the rear seat of the truck. Am I going to be in trouble if I go to NJ this weekend?
I can't be sure, and this is not at all definitive, but it was fairly clear to me that the VT DOT inspector stopped me because of the signage.
HOWEVER, I was also told by his in-office counterpart that some states are stepping up enforcement, including blockades outside of race tracks.
Sorry I can't be more reassuring. If I were in your position I would probably proceed, minding the speed limits and anything else that might attract attention.
Ridiculous, no? What's worse, I can't point to an authoritative source where you could say "yes, I am OK' or 'I need to make a change.'
A suggestion earlier in this thread was to print out an exception page that says hobby-related towing is exempt.
Old 07-18-2008, 10:17 AM
  #74  
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Originally Posted by Mussl Kar
This thread is making my head spin. I tow with an F350 Superduty owned by my company, commercial plates, no signage at all. Open trailer and car in my name, nothing other than numbers and Scruffy on the car. Trailer has a few car club stickers on it. 60 lb N tank under the rear seat of the truck. Am I going to be in trouble if I go to NJ this weekend?
From what I was told, it was the weight limit coupled with the fact that it was registerd to my company that made me commercial, but it was the decals that brought me to his attention (i.e. I was illegal, but would have gotten away with it possibly without decals). His whole arguement was the 26,000 lbs put me into the potential of commercial, and the decals sealed the deal. He told me specifically, if I was under the 26k number, I'd be fine no matter what; if the truck and trailer were registered in my name, and no decals on the trailer, I'd be fine regardless of the weight (personal use).

So...I wouldn't worry about a single car trailer - decals or not. You're under weight so you're OK anyway.
Old 07-18-2008, 01:03 PM
  #75  
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Originally Posted by naroescape
Hi Rick,

I may have missed in somewhere in this thread - I just came across it and don't have all day to read it all, but in what state did this happen?

I had almost the exact same thing happen to me about a year ago while crossing the Tappen Zee bridge in NY. I had my race car and a personal car in it. He pulled me over and asked for all the same thing you were asked for: log book, CDL, DOT numbers on the truck and trailer, safety stuff, etc. I had a F350 dually with a 40' 2 car trailer.

Yes, because I had my company name Exclusive Motors and yes because it was owned by the company is probably why I got cited. He went back to his vehicle, pulled up my website, and determined that since I own a car business, it was obvious I was pulling cars for my business and it was for interstate commercial commerce.

I showed him that the cars were registered to me, but he wasn't buying it.

Now, the bad part: He called a tow truck and had me towed!! No waiting 10 hours, it was "you have no CDL" and I didn't know of anyone in the area that did. Besides, it would be driven illegally if I left , so before I could drive it again, I had to have it DOT licensed....in my home state of North Carolina 12 hours away....but I couldn't get it there because I couldn't drive it.... His answer? "you should have thought of that before you left North Carolina".

Luckily, I knew a NY Trooper that lived near by and he came to help. He convinced the ticketing officer to have me towed to his house and I would be "under his supervision". I stayed at his house a few hours, then left and drove home hoping to not get stopped again.

Since I thought all of this was BS, I decided to fight the 4 tickets he wrote me. It took 4 months to get a court date, but when I did, I had to drive all the way back up to NY. I talked to the DA about it, then the judge, and they both said I was wrong, the trooper was right, here's your fine, and don't ever come to NY with that truck and trailer again until it's licensed correctly.

Now, through all this, they cited the 26,000 lb GVWR commercial limit. And it's not what the vehicle actually weighs, its what's on the VIN plates. My truck and trailer GVWR was 26,120..... all this for 120 lbs.

So....we sold the truck and trailer.

Interestingly, when we got it all originally, I stopped at the NC weigh station (I didn't know if I needed to or not) and was told that since we are not a commercial trucking company, we don't need to be registered as commercial. the NY law people don't car about that I guess.....
I'll bet you had to have a lawyer too.


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