Posted 2008-01-09 1:10 PM (#74102 - in reply to #73932) Subject: RE: WHY the State DOTs are acting against apparent commercial rigs...
Elite Veteran
Posts: 736 Location: Western WA
Loaded to the gills I would still be under 25,000 lbs. combined weight of truck and trailer.
Originally written by horsey1 on 2008-01-07 10:27 AM
To Headhunter- Where you might want to be careful, is not that you are under 26,000 loaded, but if you add the GVWR of your truck & trailer together what is it? That's what gets a lot of us. We actually load low enough, but are rated high enough to be over the magic number.... If you are 26,001 or higher, it will be a lot harder to explain out of the CDL argument.
Posted 2008-01-10 3:29 AM (#74142 - in reply to #73931) Subject: RE: WHY the State DOTs are acting against apparent commercial rigs...
New User
Posts: 2
Location: Indiana
I do not see where just showing horses or even breeding can make one commercial. I can understand if you are taking the cost of travel and other cost off on your taxs. But when you deal with the IRS, if you can not show a profit two out of seven years they say that you are a hobby. I know as I had to deal with the IRS before on this.
I guess when I get stopped by the DOT and they give me a ticket I guess I am going to be going to court and let a judge figure this one out. I just feel that if the DOT says that I am a business because I might make $3.00 prize money at a local show, well I guess the IRS needs to say that I am a business also and I should be able to claim all my deductions no matter how many years that I do not show a profit.
I do live in indian and have talked before with the local DOT and state police and both said I did not need a DOT tag. But that was a year ot two ago.
Posted 2008-01-10 8:09 AM (#74151 - in reply to #73467) Subject: RE: WHY the State DOTs are acting against apparent commercial rigs...
Location: Central Arkansas
I had been told by several state troopers from different states, that if you are fully self contained and don't have "please hire me. I buy, sell trade, train, and/or haul for a living," then you are considered an RV to them. The key is fully self contained and no advertising. That is why you see so many toter homes and LQ race trailers that are unmarked. They told me that Farm info on a front license plate or brand is acceptable. But anything more than that, they consider suspicious. I drove my Sportchassis to the AR DMV with my trailer to find out if I need to have a CDL. They said no as long as when I am over 26K, I remain fully self contained, ie - the non agricultural load on the flatbed crossing state lines would probably nail me. The did follow with ...unless something changes. They also told me that they try hard not to mess with farmers, breeders, or recreational riders. They prefer to get the Ted Turner's of the world with large rolling bill board advertising on their over 4 horse trailer that usually is advertising how they are not for hire but call me so I can train, haul and show your next world champion. I did ask them if they had a list from IRS or had anyway of pulling up the immediate info as to if you claimed your rig on your taxes and they said no. They use their judgement stating that Commercial advertising is the trigger for them, not neccesarily size. Although, anything over a 4 H that looks heavy that is NOT fully self contained is suspicious.
Posted 2008-01-10 7:00 PM (#74180 - in reply to #74102) Subject: RE: WHY the State DOTs are acting against apparent commercial rigs...
Member
Posts: 47 Location: Grayson Co. Texas
Unfortunately it doesn't matter what you actually weigh unless you're over. FMCSR goes by whatever the gvwr is on your truck and trailer. My 4 hrs 8' shortwall has a gvwr of 13,500 and my truck has a gvwr of something like 13,000. That alone would technically put me over. I could technically be hammered without even pulling a scale out. Now, I will be the first to say that I don't agree with it, but fortunately, I've never been checked. Good luck
Posted 2008-01-11 1:16 AM (#74211 - in reply to #74180) Subject: RE: WHY the State DOTs are acting against apparent commercial rigs...
Expert
Posts: 2828 Location: Southern New Mexico
That is exactly opposite what the TX State Troopers told me when I e-mailed them. They said that the only time the tag weights mean anything is when you exceed them.
Posted 2008-01-11 1:20 AM (#74212 - in reply to #74151) Subject: RE: WHY the State DOTs are acting against apparent commercial rigs...
Expert
Posts: 2828 Location: Southern New Mexico
I would think that a 'self contained' trailer would draw more suspicion than a simple trailer. A LQ usually means your traveling to something and not just running to a local event.
Posted 2008-01-11 4:59 PM (#74255 - in reply to #74211) Subject: RE: WHY the State DOTs are acting against apparent commercial rigs...
Member
Posts: 47 Location: Grayson Co. Texas
As a municipal police officer, I also did DOT inspections for 6 yrs. The best thing that horse people have going for them is that most troopers they come into contact with are not familiar with all the in's and out's either. The upside to this is that they usually won't mess with you if they aren't positive of the rules. Now on the other hand if you get stopped by a license and weight trooper, it might be a different story. How difficult is it to get a straight answer at the DL office. I bet you can call that same office back right now and get a second answer, much less on a complicated or maybe not complicated, but a topic that is open to interpetation to each trooper. The main thing that you can do is to answer the questions to your benefit. I am positive that when checking weight, there are three things that you check in this order to figure weight. The first is the GVWR plate on the vehicle. The second is the registration weight (not reliable due to you can usually register something at whatever you want) and the third being the actual weight. You can be over on more than one. Most of the plates are on the vehicle and this is what is used. I don't agree with a lot of it, but oh well. A good license and weight guy will ask numerous questions to see if he can fit the "commercial" into your equation. Not for hire or living quarters means nothing as far as I know in North Texas. There are a lot of municipalities that are now doing DOT inspections and for the most part there are enough crappy trucks to pull over instead of a clean looking living quarters horse trailer and a dually. Good Luck..
Posted 2008-01-11 8:22 PM (#74261 - in reply to #73467) Subject: RE: WHY the State DOTs are acting against apparent commercial rigs...
Member
Posts: 32 Location: chatfield mn
In regards to the weight matter. the weight that matters is the gvwr listed on your vin sticker on your truck and trailer. This determines weather you may need a cdl. It doesnt matter what the truck is registered for or what it actually weighs. Only if the total gvwr was under 26000 and your actual weight was over would your actual weight come into play. An inspector could stop you roadside and just look at the vin stickers and not have to weigh your vehicle. The states are the ones that enforce the registration (tag) weights. You could register your combination for under 26000, but if your gvwr is over, you may need a cdl. The federal laws exempt rvs from cdl requirements but say that states may require a cdl for a rv.
WHY the State DOTs are acting against apparent commercial rigs...
.jpg)
