Just a little story about my drive home from Canadian Nationals.  Everything was going fine considering the length of our trip, no flat tires, minimal construction and an easy border crossing.  We had just finished a 2 hour rest stop at a lovely Iowa rest area with shaded area to park under and fresh cold water for the horses.  I was ready to get back in the truck and start my "tank of gas" shift.  We were back on I-29 heading south nearing the Missouri border when I noticed an Iowa state trooper fly past me and pull up next to the truck and trailer I was following.  Next thing I know we are both on the side of the road with drivers license and registration in hand.  We were only doing 60mph, seat belts on and I was pretty sure we both paid for fuel at the last stop.  After an hour on the side of the road it was my turn to sit in the cruiser.  It turns out I was in violation of 12 regulations, there were more but officer no.394 was nice enough to stop there.  Apparently the F-350 dually and 3 horse living quarter trailer I was pulling was considered a commercial motor vehicle and I was not qualified to drive it nor was it in compliance with the regulations of a CMV.  The GVWR of my truck(10,000) and trailer(20,000) is 30,000lbs There other truck and trailer was also cited being that it was an F-550 and 8 horse trailer and over the GVWR.  Both "rigs" were over the weight limit of a Class C driver's license, which we were informed is a combined truck and trailer GVWR of 26,001 pounds.  The list of 12 violations included, no in truck fire extinguisher (the one in the trailer doesn't count), insufficient warning devices (triangles), no record of duty status, driver failing to retain previous 7 days log, driver vehicle inspection report, operating a CMV without a periodic inspection (got that one twice), not being licensed for type of vehicle being operated, no drivers medical certificate on driver's possession, no pretrip inspection and finally a log violation. Also we did not a DOT number displayed or an ID number or name on the side of the truck.  Fortunally, I was only cited for three of those offensed, officer no.394's printer ran out of paper, my lucky day.  He also informed me I was now "out of service until qualified" and had it not been 97 degrees outside he would have pulled us off the road.  After 3 hours on the side of the road he didn't want the horses to ge sick.  So we got back on the road and got the hell out of Iowa and made sure to call all the other farms headed south and told them to avoid I-29.  A few hours later we got a call from another farm who had just passed through Iowa and said a road block had been set up for all horse trailers on I-29 and they had them lined up on the side of the road. 

After returing home and trying to sleep I did a little reasearch.  I remember hearing about some type of regulations on horse trailers about 20 years ago, but I have not had in trouble in that amount of time.  I went to the FMCSR website which was mostly useless but I did find out that the tickets and violations I recieved on my pick up truck and recreational horse trailer do fit under the CMV regulations.  A class A drivers license is required for any combination of vehicles with a GVWR of 26,001 or more lbs. provided the GVWR of the towed vehicle is in excess of 10,000lbs. Don't some two horse trailers weigh more than 10,000lbs.  After I got the tickets I was curious about the actual weight of my truck and trailer.  At the next fuel stop I weighted it on a CAT scale, with a full tank of diesel, 2 horses, 14' living quarter with a generator, 7 peoples luggage, and 4 dogs it came out with a gross weight of 22,760lbs.  It breaks down like this steering axle 4540lbs., drive axel 7560lbs. and trailer axel 10,660 lbs. 

I just wanted to pass on my experience and see if anyone else has gone through something like this.  With just the little reasearch I have done it seems as though these laws and regulations are really going to hurt the horse industry.  I encourage all of you to haul to do some research and really think about the impact this is going to have on your life, whether it is your livelihood or just for recreation. I will post some links and other information soon and would encourage others to do so as well.

Thanks

We went thru Iowa the end of July with a 3500 Dodge dually pulling a 4 horse 14 ft lq trailer.  No trooper.  Suggest you might want to contact some branch of Iowa state government as this situation sounds very weird to me.  Personally I think I would start with the Office of the Attorney General.  Surely Iowa does not want people avoiding the state like it has plague....especially since so many of us east of the Ms River need to travel thru Iowa to get to the Dakotas etc.

Also you may want to contact any breed organizations about this.... AQHA maybe?

My understanding was that if we were legal in our home state then we were legal everywhere....but what do I know.....

Or was the State of Iowa on a fundraising mission?

Boy...that stinks.  I can see citing you if you had been driving recklessly, speeding or something like that, but sounds like the p.o. was just in a bad mood, to not let you off with just a warning.  I wonder if this had anything to do with the NAIS?  Getting to be that you have to have a lawyer to haul next door......

Why would  AQHA be of any help? PS- candaian nationals is an arabian horse show.......

This is a matter for a good lawyer.

I live in Iowa and to be honest, if you ask 2 different officers, you will probably get two different answers.

I found this on the Iowa DOT website, make sure to check out page 30 and 31 of the Document (I did a search for horses).

http://www.iamvd.com/omve/truckguide.pdf

I have some friends who are in the law enforcement field, I will try to get an answer from them.

I live in Minnesota My wife manages a feed store. For a spring promotion she had a DOT lady come in and go over trailer laws with her customers on a saturday. We used her cousins trailer for a demonstrator vehicle. When she was done with his truck and trailer she said that she could have gave him a long list of tickets along with an out of service tag. But since he was there being a good sport for education he got told to fix it.

If you are hauling your own personall horses in a living quarters trailer it is considered a RV and a Class A/ DOT requirements are not required.

If you do not have a living quarters or the horses are not yours you are required to follow all Comercial vehicle requirements for you vehicle over 20lbs. Now no matter what the weight is in Minnesota if you are commerical hauling you need full Commercial insections as well.

His truck and trailer. 2003 F350 4x4 shortbox non dually with a 4 horse featherlite big horse. She said wether he used for his business or not ( he is a farrier and horse transporter)

 He needs to have a class A license which he did have, but what he didnt have was:

A dot number, Dot inspection, Federal Fuel tax permit ( he transports out of state), Job application in glove box, Name on the side of the truck, marker lights on the roof of truck,  log book, Working break away cable.

I have to say something here,and I may get blasted from people about it,but,I'm used to that on here.I personally think that is a bunch of BULL S---!!

You can pull all the sorry looking crap you want to all over our state,most without tags,ect.Big farm trucks,running up and down the roads during harvest (I'm not protesting because we're farmers) but who the H-- cares if those guys trying to make an honest living getting a crop out has a commercial license,ect.?

I see all sorts of rigs going up and down the road in Missouri,too,not to mention Mississippi (we won't even talk about stuff on the road there and in Louisiana.) And what does anybody care THERE? They don't.

I don't think they have enough to do up there in Iowa,myself.It's just about the silliest thing I've ever heard,and a blatant all out discriminatory effort to find a way to stick it to some out of staters going through there pulling a horse trailer,for crying out loud.

How the H--- do they think that everybody passing through each state using the highways that tax dollars out of every taxpayer and consumer in the country have paid for is going to know each law in each state?

I think those cops need to be worried about things a little more serious that are affecting this country than some horse trailers passing through THEIR territory that they can take advantage of.Such as:drugs. I'm sure Iowa is not an exception,hickey as it is (And I'm from the king of Hickey states myself,I'll admit) in that they've got them there,too.

There are no real freedoms anymore.Pulling over horse trailers? Come on.I don't think they are busy enough.

We were taking our LQ trailer that we had traded up to Missouri to meet up with the man bringing the other one at a certain designation.

We were pulled over by one of Arkansas' finest,and he must have known exactly where to sit to pull US over with over 40' of rig,because there was only one place we could pull over at that spot.Had he not caught us there,we would have had to have driven several miles,lights flashing and probably several other hillbilliy gestapos on the way before we could safely pull over.

Anyway,we couldn't imagine what in the world he was stopping us for.We were by no means speeding,trying to climb a long hill,truckers and others flying by like we were sitting still,ect.He was polite,asked for  driver's license and insurance proof,and walked around the trailer,looked in the bed at the hitch,I'm assuming,since Arkansas recently enacted safety chain laws (can you believe it??)

Then he tells us calmly,'You guys are running with your park lights on,you know,that's illegal to do here."

I thought,"WHAT???" Pull us over with a rig that took half a football field to get into,people passing by all the while like they were going to a fire,and we'd met deer hunters by the tons that day with old trailers/no tags,probably had stolen 4 wheelers loaded on them,no tagged deer,ect.already.(First day of deer hunt.)

We have automatic light function on our truck,and he'd turned the lights on manually,but just had not turned the switch far enough over for the headlights to come on.We explained it to the officer.We had no idea,but we knew about the parking light law anyway.He politely gave us a warning and sent us off,and went on his way,presumably to catch another big horse trailer coming through.

We met about 6 cars down the road driving with their park lights on.I'd loved to have been able to turn around and go back,see what happened.

I live in Iowa, and this has been going on for several years now.  One of my friends was pulling his living quarters trailer down the interstate with no horses in it, and drove past the weigh station without pulling in.  One of the DOT officers then proceeded to chase him down and made him come back to the scales.  They then threw the book at him similar to what happened to keeponhaulin. 

The DOT in Iowa seems to think that there is some easy money to be made cracking down on laws that pertain to the trucking industry.  An officer from the DOT spoke at the Iowa Horse Fair this past spring, and he primarily explained how they interpret the law. If your GVW rating of your truck and trailer combined exceeds 26,000 pounds, you are required to have a CDL and meet all the requirements that having a CDL entails, no matter why you are hauling.  If you are under 26,000 combined, you are OK with a class C license, as long as you aren't using your vehicle for commerce.   However, they define commerce as anything that adds value to your horse, such as showing.   Also, they consider hauling a mare to a farm to get bred as commerce, or selling a horse at auction.

I asked specifically that since I don't deduct any expenses for my horses on my taxes, and consider it strictly a hobby, if these regulations applied to me.  His response was that they aren't the IRS, and yes they do apply to me.  My wife and I then decided that if we are ever stopped by the DOT, we are always coming from a trail ride, and never a show or a roping.

The only exception to the above laws is if you can get your vehicle registered as an RV, then these laws don't apply to you.  The frustrating part is that there can be an 85 year old guy driving his Freightliner pulling a huge 5th wheel travel trailer and they can't touch him, but they can get all over me because I've been to the local horse show and had a chance to win $10.

I think the horse industry needs to get a better organized and get some lobbyists, as that is what the RV industry has done.  Until this happens, unfortunately we'll hear even more of this kind of thing, whether it's Iowa or some other state that decides that there is some easy ticket money to be had.

OK   I admit that I did not know that the Canadian Nationals was an Arabian horse show.  Now as to AQHA, they are large, well organized and very interested in everything that affects the use of horses in the United States.  They offered legal assistance to the Shawnee and were rebuffed (yeah, I know....goofy). 

Having said that, I am a lawyer.  We are legal in TN and our trailers DO NOT have tags because we are a farm.  We tried to get the BRAND INSPECTOR in South Dakota to come inspect our horses and papers.  He REFUSED to come to the camp;  wanted us to load up and come to a town where there was NO PLACE to unload the horses safely.  THAT counts as a REFUSAL.  We did not get stopped anywhere, BUT I was READY and LOADED for BEAR.....AND LITIGATION. 

 I still think Iowa is looking for easy money because people will get the h--- out of the state and just mail in the fines.  In the olden days, there were certain counties in certain states that always had speed traps looking for out of state plates for this reason.

So again I say, if you are legal in your state then you are legal everywhere.  It is called the Commerce Clause in the US Constitution.....that is why you do not have border crossings at every state line.  IMO Iowa is VIOLATING the US Constition since they are IMPEDING interstate commerce.

I wonder what DOT would do if EVERY dually owner simultaneously asked for DOT numbers

AND every farm trailer likewise

  Rose, Go get em girl!!!!

 dbhocker, I have a small part time golf cart business and sell small equipment trailers to go whith them.

This is the information I get from my trailer supplier.

The axles with 5 lugs are #3500, the axles with 6 lugs are called #5200, the ones with 8 lugs are called #7000.

Now for the funny part a #5200 6 lug axle actually weighs more that the 8 lug #7000.

I just looked at our big 4 horse, it has 8 lug wheels but has an id tag of 10,400 GVR.

Now I'm completely confused.

Mike and darcy, I believe you can actually get 5,200 lb. and 6000 lb axles that have 8 lugs.  My guess is that you actually have 5,200 lb axles instead of 7,000. The only way to really tell for sure is to crawl under your trailer and the axles should have a tag on them which indicates what weight they actually are rated for. 

The ironic thing about all of this to me is that people have been preaching to make sure you have enough truck for your trailer, make sure you are safe.  Now that some people are following this advice and upgrading to a truck that is safer, it's coming back to bite them in the butt.

ok out of curiousity I looked up the weight stuff in the Tennessee Code and I am going to try to copy it here:

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		55-7-203. Maximum weight per axle or group of axles allowed. —

		Except as otherwise provided by law, no freight motor vehicle shall be operated over, on, or upon the public highways of this state where the total weight on a single axle or any group of axles exceeds the weight limitations set forth below in subdivisions (1)-(7).

		(1)  (A)  No axle shall carry a load in excess of twenty thousand pounds (20,000 lbs.).

		(B)  Axle combinations and fifth wheel placement on the tractor shall ensure equal weight distribution on weight carrying axle combinations, and such axle combination shall be equipped with brakes having power motivation.

		(C)  An axle load as set out herein is defined as the total load transmitted to the road by all wheels whose centers may be included between two (2) parallel transverse vertical planes, forty inches (40²) apart, extending across the full width of the vehicle.

		(2)  The total gross weight concentrated on the highway surface from any tandem axle group shall not exceed thirty-four thousand pounds (34,000 lbs.) for each such tandem axle group. “Tandem axle group” means two (2) or more axles spaced forty inches (40²) or more apart from center to center having at least one (1) common point of weight suspension.

		(3)  The total gross weight of a vehicle, freight motor vehicle, truck-tractor, trailer or semitrailer or combinations of such vehicles operated over, on or upon the public highways of this state shall not exceed eighty thousand pounds (80,000 lbs.); provided, that none of the foregoing shall be operated over or on the interstate system of this state where the total gross weight of such vehicle or combination thereof including the load therein exceeds seventy-three thousand two hundred eighty pounds (73,280 lbs.) or where the weight exceeds eighteen thousand pounds (18,000 lbs.) on any single axle or where the weight exceeds thirty-two thousand pounds (32,000 lbs.) on any tandem axle group unless the weight is distributed on a group of two (2) or more consecutive axles produced by application of the following formula:

		(Click here to view Equation)

		Where W = overall gross weight on any group of two (2) or more consecutive axles to the nearest five hundred pounds (500 lbs.), L = distance in feet between the extreme of any group of two (2) or more consecutive axles, and N = number of axles in group under consideration, except that two (2) consecutive sets of tandem axles may carry a gross load of thirty-four thousand pounds (34,000 lbs.) each, where the overall distance between the first and last axles of such consecutive sets of tandem axles is thirty-six feet (36") or more, except such vehicles, or combinations thereof operating under special permits now authorized by law; provided, that wherever a maximum permissive gross weight of eighty thousand pounds (80,000 lbs.) or of lengths prescribed in § 55-7-201 or a height of thirteen and one-half feet (13 ½") is authorized for any vehicle or combination of vehicles, it is the legislative intent that the prescribed weight, length, and height limits shall be strictly enforced, and it is unlawful for any state, county, or municipal officer to allow or permit any additional weight, length or height by way of tolerance or otherwise, except that the commissioner of transportation may issue special permits pursuant to § 55-7-205.

		(4)  “Freight motor vehicle,” as used in this section, includes both the tractor or truck and the trailer, semitrailer or trailers, if any, and the weight of any such combination shall not exceed the maximum fixed herein; provided, that no freight motor vehicle with motive power shall haul more than one (1) vehicle unless otherwise provided.

		(5)  No freight motor vehicle shall haul a trailer on any highway of this state when such trailer (including its load) weighs more than three thousand five hundred pounds (3,500 lbs.). Such restrictions on hauling a trailer in excess weight of three thousand five hundred pounds (3,500 lbs.) by a freight motor vehicle, as described in the preceding sentence, shall not be applicable whenever a converter dolly or equivalent fixed connection having the same safety characteristics is appropriately installed or placed under the trailer to be hauled by such freight motor vehicle. For the purposes hereof, “trailer” means a vehicle without motive power designed or used for carrying freight or property wholly on its own structure; provided, that it is not unlawful for any motor vehicle subject to this part to have a semitrailer, which, for the purposes hereof, is defined as a vehicle for the carrying of property or freight and so designed that some part of the weight of such semitrailer or its load rests upon or is carried by the motor vehicle to which it is attached. The hauling of a trailer (to the extent herein permitted) or a semitrailer shall be subject to the further provisions hereof. This part is not intended to prohibit the movements of spools carrying wire or cable, when used for construction or repair purposes. The weight limitation respecting trailers shall not be applicable to implements designed to distribute fertilizer while such vehicles are being drawn by a freight motor vehicle between the plant and the farm.

		(6)  If the gross weight of a freight motor vehicle does not exceed the sum obtained by computing the total weight allowable for the number and type of its axles, the driver shall not be cited for violation of an axle weight limitation while transporting crushed stone, fill dirt and rock, soil, bulk sand, coal, clay, shale, phosphate muck, asphalt, concrete, other building materials, solid waste, tankage or animal residues, livestock and agricultural products, or agricultural limestone over the state highway system other than the portion designated as the interstate system.

		(7)  For purposes of enforcement of this section, weight restrictions shall be deemed to have a margin of error of ten percent (10%) of the true gross or axle weight for all logging, sand, coal, clay, shale, phosphate, solid waste, recovered materials, farm trucks and machinery trucks when being operated over the state highway system other than the portion designated as the interstate system. For the purposes of this subdivision (7):

		(A)  “Clay truck” means those trucks used for hauling clay from the place of extraction to the place where such clay is used or processed;

		(B)  “Coal truck” means those trucks used for hauling coal and coal products;

		(C)  “Farm truck” means those trucks utilized by farmers to load grain, fiber, produce, livestock, milk or other agricultural products produced on their farms and to transport such agricultural commodities to their respective markets. Such trucks include farm to market transportation when the truck is operated by the farmer, the farmer's family or employee or a representative hired by the farmer to haul the commodity;

		(D)  “Logging truck” means those trucks used for hauling logs, pulpwood, bark, wood chips or wood dust from the woods to the mill or from the mill to a loading or storage place or market;

		(E)  “Machinery truck” means those trucks used for hauling machinery by the owner/operator within a one hundred (100) mile radius of the base location of such owner/operator's area of operation, subject to the limitation of one (1) such truck per owner/operator;

		(F)  “Phosphate truck” means those trucks used for hauling phosphate, phosphate products, or other raw materials used in the manufacture of phosphorus;

		(G)  “Recovered materials truck” means those trucks used for hauling recovered materials, as defined in § 68-211-802, but only while those materials are being hauled from the point of generation to the facility where they will be processed for subsequent shipment to an end-user;

		(H)  “Sand truck” means those trucks used for hauling raw sand from the place of extraction to the place where such sand is used or processed; provided, that if the commissioner of transportation is formally notified by an appropriate federal officer that as a result of any provision of Acts 1989, ch. 349, adding sand trucks to this subdivision (7) that Tennessee will lose federal funds, then such act shall be void and inoperative;

		(I)  “Shale truck” means those trucks used for hauling shale from the place of extraction to the place where such shale is used or processed; and

		(J)  “Solid waste truck” means those trucks used for hauling solid waste, as defined in § 68-211-802, but only while such solid waste is being collected and being hauled from the place or places of collection to a landfill or disposal facility.

[Acts 1933, ch. 35, § 2; 1935 (E.S.), ch. 17, § 1; 1939, ch. 105, § 6; 1941, ch. 84, § 3; 1945, ch. 164, § 3; C. Supp. 1950, § 2715.3 (Williams, §§ 1166.33, 2715.2); Acts 1959, ch. 87, § 3; 1963, ch. 103, §§ 3, 4; 1970, ch. 501, § 2; 1976, ch. 411, § 1; T.C.A. (orig. ed.), § 59-1109; Acts 1981, ch. 448, § 6; 1981, ch. 535, §§ 1-3; 1982, ch. 904, § 2; 1982, ch. 912, § 3; 1982, ch. 953, §§ 6, 8; 1983, ch. 319, § 6; 1987, ch. 425, §§ 1-3, 5, 6; 1988, ch. 642, §§ 1-5; 1988, ch. 1028, § 1; T.C.A., § 55-11-203; Acts 1989, ch. 35, §§ 1, 2; 1989, ch. 349, §§ 1-3; 1994, ch. 673, § 1; 1995, ch. 139, §§ 1, 2; 1995, ch. 220, § 1; 1996, ch. 882, §§ 1, 2, 4, 5.]

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Sorry about all that computer stuff.  I could not get rid of it.  Anyway, horses are LIVESTOCK  and this is another reason to keep horses designated as LIVESTOCK.

IMO Iowa s---s

One more way that Iowa gets us is that horses aren't considered an agricultural product in Iowa, so any exemptions that apply to farmers don't apply to horse hauling. 

Farm logos don't automatically make you commercial, but they are just one more red flag that makes the DOT that much more likely to stop you.  I do know of several people that have taken off any logos off of their trailer for this very reason.

While this latest incident has happended in Iowa, there have been several articles in various magazines lately of this happening in other states also.  I don't want people to think that just because they don't drive in Iowa they should be OK, it's happening all across the country.

But they are clearly interpreting the law strictly to suit their own interests.Any competent attorney would be able to look at the law,specifically 49 CFR 390.3 and see that it excludes such as yourself,me,and keepontruckin.

Part a: "The rules in SUbchapter B of this chapter are applicable to all employers,employees,and commercial motor vehicles,which transport property or passengers in interstate commerce. " Then comes the rules,bla bla bla.

Part f:"Unless otherwise specifically provided,the rules in this subchapter do not apply to---"(f3)"The occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise."

Just their interpretation of  what "THEY" think is compensation or commercial doesn't make it so,and a good law firm would love to get ahold of it and tear somebody in Iowa and elsewhere a new one over it,I'm sure.It shouldn't be the responsibility of honest decent people on the road persuing a hobby whether it's hauling to a show or breeding a mare to PROVE to these arrogant little Hitlers in their perceived  places of power that they are indeed ,in all honesty,not commercial haulers.

They've found another way that they THINK they can line their coffers with and promote themselves in their public offices,also,in which they were put there in the first place by taxpayers and voters that can have them dethroned.

If you don't stand up and holler loud enough from the rooftops about something,you give everybody like this the eternal right to do the same thing over and over and over.Greed and dishonesty feed on themselves.

Yes,you are right.Up until now,there has been little input on this matter,but,it is getting to the point where we are going to have to engage these organizations and support from government officials to prevent some of this ridiculous harassment.

Similar to the National Animal ID System,support has to come from grass roots organizations such as LibertyArk coalition so that those "powers that be" know the tax paying public isn't always going to lay down like dogs and let them run over us.

Rich M.  that was kind of my thought....especially about that "brand inspection" crap

Off the topic, but I don't care to go back to S Dakota, Wyoming or Colorado...The poverty there was depressing....It was so bad it made South Memphis look affluent.

The following is from Chapter 50 of Title 55 of the Tennessee Code:

	(12)  “Commercial driver license” means a license issued by the department in accordance with the standards contained in 49 C.F.R. part 383 to an individual which authorizes the individual to operate a class of commercial motor vehicle. A commercial driver certificate accompanied by a valid driver license shall be considered a valid commercial driver license;

		(13)  “Commercial motor vehicle” means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:

		(A)  Has a gross vehicle weight rating or gross combination weight rating of twenty-six thousand one (26,001) or more pounds;

		(B)  Is designed to transport more than fifteen (15) passengers, including the driver; or

		(C)  Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded;

		(D)  However, the following vehicles and groups of vehicles shall not be considered commercial motor vehicles for the purposes of this chapter:

		(i)  Vehicles which are controlled and operated by a farmer or nurseryworker that are used to transport either agricultural products, farm machinery, or farm supplies to or from a farm or nursery, and are not used in the operations of a common or contract motor carrier and are used within one hundred fifty (150) miles of the person's farm or nursery;

		(ii)  Vehicles designed and used solely as emergency vehicles which are necessary for the preservation of life or property or the execution of emergency governmental functions performed under emergency conditions and not subject to normal traffic regulation. This exemption shall apply to vehicles operated by paid or non-paid personnel;

		(iii)  Vehicles of the department of defense when operated by military personnel on active duty, members of the reserves and national guard on active duty including personnel on full-time national guard duty, personnel on part-time training and national guard military technicians or civilians who are required to wear military uniforms and who are subject to the code of military justice;

		(iv)  Vehicles designed and used primarily as recreational vehicles as defined in this section; and

		(v)  Vehicles leased strictly and exclusively to transport personal possessions or family members for nonbusiness purposes;   So Keeponhaulin' if your rig is used/designed  "primarily" as "recreational"  you would be legal in TN and I suspect the same exemption applies in TX

ok here is part of 49 CFR part 383.....you guys can print this off and carry it with you if you like...

[Code of Federal Regulations][Title 49, Volume 5][Revised as of October 1, 2006]From the U.S. Government Printing Office via GPO Access[CITE: 49CFR383][Page 183-189]                         TITLE 49--TRANSPORTATION         CHAPTER III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION,                      DEPARTMENT OF TRANSPORTATION PART 383_COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES--Table of Contents                             Subpart A_General                            Subpart A_GeneralSec.383.1 Purpose and scope.383.3 Applicability.383.5 Definitions.383.7 Validity of CDL issued by decertified State.                  Subpart B_Single License Requirement383.21 Number of drivers' licenses.383.23 Commercial driver's license.    Subpart C_Notification Requirements and Employer Responsibilities383.31 Notification of convictions for driver violations.383.33 Notification of driver's license suspensions.383.35 Notification of previous employment.383.37 Employer responsibilities.            Subpart D_Driver Disqualifications and Penalties383.51 Disqualification of drivers.383.52 Disqualification of drivers determined to constitute an imminent           hazard.383.53 Penalties.               Subpart E_Testing and Licensing Procedures383.71 Driver application procedures.383.72 Implied consent to alcohol testing.383.73 State procedures.383.75 Third party testing.383.77 Substitute for driving skills tests.                Subpart F_Vehicle Groups and Endorsements383.91 Commercial motor vehicle groups.383.93 Endorsements.383.95 Air brake restrictions.                 Subpart G_Required Knowledge and Skills383.110 General requirement.383.111 Required knowledge.383.113 Required skills.383.115 Requirements for double/triple trailers endorsement.383.117 Requirements for passenger endorsement.383.119 Requirements for tank vehicle endorsement.383.121 Requirements for hazardous materials endorsement.383.123 Requirements for a school bus endorsement.Appendix to Subpart G--Required Knowledge and Skills--Sample Guidelines                             Subpart H_Tests383.131 Test procedures.383.133 Testing methods.383.135 Minimum passing scores.    Subpart I_Requirement for Transportation Security Administration           approval of hazardous materials endorsement issuances383.141 General.             Subpart J_Commercial Driver's License Document383.151 General.383.153 Information on the document and application.383.155 Tamperproofing requirements.    Authority: 49 U.S.C. 521, 31136, 31301 et seq., 31502; sec. 214 of Pub. L. 106-159, 113 Stat. 1766, 1767; sec. 1012(b) of Pub. L. 107-56, 115 Stat. 397; sec. 4140 of Pub. L. 109-59, 119 Stat. 1144; and 49 CFR 1.73.    Source: 52 FR 20587, June 1, 1987, unless otherwise noted.    Editorial Note: Nomenclature changes to part 383 appear at 66 FR 49872, Oct. 1, 2001.[[Page 184]]Sec.  383.1  Purpose and scope.    (a) The purpose of this part is to help reduce or prevent truck and bus accidents, fatalities, and injuries by requiring drivers to have a single commercial motor vehicle driver's license and by disqualifying drivers who operate commercial motor vehicles in an unsafe manner.    (b) This part:    (1) Prohibits a commercial motor vehicle driver from having more than one commercial motor vehicle driver's license;    (2) Requires a driver to notify the driver's current employer and the driver's State of domicile of certain convictions;    (3) Requires that a driver provide previous employment information when applying for employment as an operator of a commercial motor vehicle;    (4) Prohibits an employer from allowing a person with a suspended license to operate a commercial motor vehicle;    (5) Establishes periods of disqualification and penalties for those persons convicted of certain criminal and other offenses and serious traffic violations, or subject to any suspensions, revocations, or cancellations of certain driving privileges;    (6) Establishes testing and licensing requirements for commercial motor vehicle operators;    (7) Requires States to give knowledge and skills tests to all qualified applicants for commercial drivers' licenses which meet the Federal standard;    (8) Sets forth commercial motor vehicle groups and endorsements;    (9) Sets forth the knowledge and skills test requirements for the motor vehicle groups and endorsements;    (10) Sets forth the Federal standards for procedures, methods, and minimum passing scores for States and others to use in testing and licensing commercial motor vehicle operators; and    (11) Establishes requirements for the State issued commercial license documentation.[52 FR 20587, June 1, 1987, as amended at 53 FR 27648, July 21, 1988; 54 FR 40787, Oct. 3, 1989]Sec.  383.3  Applicability.    (a) The rules in this part apply to every person who operates a commercial motor vehicle (CMV) in interstate, foreign, or intrastate commerce, to all employers of such persons, and to all States.    (b) The exceptions contained in Sec.  390.3(f) of this subchapter do not apply to this part. The employers and drivers identified in Sec.  390.3(f) must comply with the requirements of this part, unless otherwise provided in this section.    (c) Exception for certain military drivers. Each State must exempt from the requirements of this part individuals who operate CMVs for military purposes. This exception is applicable to active duty military personnel; members of the military reserves; member of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training, and national guard military technicians (civilians who are required to wear military uniforms); and active duty U.S. Coast Guard personnel. This exception is not applicable to U.S. Reserve technicians.    (d) Exception for farmers, firefighters, emergency response vehicle drivers, and drivers removing snow and ice. A State may, at its discretion, exempt individuals identified in paragraphs (d)(1), (d)(2), and (d)(3) of this section from the requirements of this part. The use of this waiver is limited to the driver's home State unless there is a reciprocity agreement with adjoining States.    (1) Operators of a farm vehicle which is:    (i) Controlled and operated by a farmer, including operation by employees or family members;    (ii) Used to transport either agricultural products, farm machinery, farm supplies, or both to or from a farm;    (iii) Not used in the operations of a common or contract motor carrier; and    (iv) Used within 241 kilometers (150 miles) of the farmer's farm.    (2) Firefighters and other persons who operate CMVs which are necessary to the preservation of life or property or the execution of emergency governmental functions, are equipped with audible and visual signals and are not[[Page 185]]subject to normal traffic regulation. These vehicles include fire trucks, hook and ladder trucks, foam or water transport trucks, police SWAT team vehicles, ambulances, or other vehicles that are used in response to emergencies.    (3)(i) A driver, employed by an eligible unit of local government, operating a commercial motor vehicle within the boundaries of that unit for the purpose of removing snow or ice from a roadway by plowing, sanding, or salting, if    (A) The properly licensed employee who ordinarily operates a commercial motor vehicle for these purposes is unable to operate the vehicle; or    (B) The employing governmental entity determines that a snow or ice emergency exists that requires additional assistance.    (ii) This exemption shall not preempt State laws and regulations concerning the safe operation of commercial motor vehicles.    (e) Restricted commercial drivers license (CDL) for certain drivers in the State of Alaska. (1) The State of Alaska may, at its discretion, waive only the following requirements of this part and issue a CDL to each driver that meets the conditions set forth in paragraphs (e) (2) and (3) of this section:    (i) The knowledge tests standards for testing procedures and methods of subpart H, but must continue to administer knowledge tests that fulfill the content requirements of subpart G for all applicants;    (ii) All the skills test requirements; and    (iii) The requirement under Sec.  383.153(a)(4) to have a photograph on the license document.    (2) Drivers of CMVs in the State of Alaska must operate exclusively over roads that meet both of the following criteria to be eligible for the exception in paragraph (e)(1) of this section:    (i) Such roads are not connected by land highway or vehicular way to the land-connected State highway system; and    (ii) Such roads are not connected to any highway or vehicular way with an average daily traffic volume greater than 499.    (3) Any CDL issued under the terms of this paragraph must carry two restrictions:    (i) Holders may not operate CMVs over roads other than those specified in paragraph (e)(2) of this section; and    (ii) The license is not valid for CMV operation outside the State of Alaska.    (f) Restricted CDL for certain drivers in farm-related service industries. (1) A State may, at its discretion, waive the required knowledge and skills tests of subpart H of this part and issue restricted CDLs to employees of these designated farm-related service industries:    (i) Agri-chemical businesses;    (ii) Custom harvesters;    (iii) Farm retail outlets and suppliers;    (iv) Livestock feeders.    (2) A restricted CDL issued pursuant to this paragraph shall meet all the requirements of this part, except subpart H of this part. A restricted CDL issued pursuant to this paragraph shall be accorded the same reciprocity as a CDL meeting all of the requirements of this part. The restrictions imposed upon the issuance of this restricted CDL shall not limit a person's use of the CDL in a non-CMV during either validated or non-validated periods, nor shall the CDL affect a State's power to administer its driver licensing program for operators of vehicles other than CMVs.    (3) A State issuing a CDL under the terms of this paragraph must restrict issuance as follows:    (i) Applicants must have a good driving record as defined in this paragraph. Drivers who have not held any motor vehicle operator's license for at least one year shall not be eligible for this CDL. Drivers who have between one and two years of driving experience must demonstrate a good driving record for their entire driving history. Drivers with more than two years of driving experience must have a good driving record for the two most recent years. For the purposes of this paragraph, the term good driving record means that an applicant:    (A) Has not had more than one license (except in the instances specified in Sec.  383.21);[[Page 186]]    (B) Has not had any license suspended, revoked, or canceled;    (C) Has not had any conviction for any type of motor vehicle for the disqualifying offenses contained in Sec.  383.51(b);    (D) Has not had any conviction for any type of motor vehicle for serious traffic violations; and    (E) Has not had any conviction for a violation of State or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with any traffic accident, and has no record of an accident in which he/she was at fault.    (ii) Restricted CDLs shall have the same renewal cycle as unrestricted CDLs, but shall be limited to the seasonal period or periods as defined by the State of licensure, provided that the total number of calendar days in any 12-month period for which the restricted CDL is valid does not exceed 180. If a State elects to provide for more than one seasonal period, the restricted CDL is valid for commercial motor vehicle operation only during the currently approved season, and must be revalidated for each successive season. Only one seasonal period of validity may appear on the license document at a time. The good driving record must be confirmed prior to any renewal or revalidation.    (iii) Restricted CDL holders are limited to operating Group B and C vehicles, as described in subpart F of this part.    (iv) Restricted CDLs shall not be issued with any endorsements on the license document. Only the limited tank vehicle and hazardous materials endorsement privileges that the restricted CDL automatically confers and are described in paragraph (f)(3)(v) of this section are permitted.    (v) Restricted CDL holders may not drive vehicles carrying any placardable quantities of hazardous materials, except for diesel fuel in quantities of 3,785 liters (1,000 gallons) or less; liquid fertilizers (i.e., plant nutrients) in vehicles or implements of husbandry in total quantities of 11,355 liters (3,000 gallons) or less; and solid fertilizers (i.e., solid plant nutrients) that are not transported with any organic substance.    (vi) Restricted CDL holders may not hold an unrestricted CDL at the same time.    (vii) Restricted CDL holders may not operate a commercial motor vehicle beyond 241 kilometers (150 miles) from the place of business or the farm currently being served.    (g) Restricted CDL for certain drivers in the pyrotechnic industry. (1) A State may, at its discretion, waive the required hazardous materials knowledge tests of subpart H of this part and issue restricted CDLs to part-time drivers operating commercial motor vehicles transporting less than 227 kilograms (500 pounds) of fireworks classified as DOT Class 1.3G explosives.    (2) A State issuing a CDL under the terms of this paragraph must restrict issuance as follows:    (i) The GVWR of the vehicle to be operated must be less than 4,537 kilograms (10,001 pounds);    (ii) If a State believes, at its discretion, that the training required by Sec.  172.704 of this title adequately prepares part-time drivers meeting the other requirements of this paragraph to deal with fireworks and the other potential dangers posed by fireworks transportation and use, the State may waive the hazardous materials knowledge tests of subpart H of this part. The State may impose any requirements it believes is necessary to ensure itself that a driver is properly trained pursuant to Sec.  172.704 of this title.    (iii) A restricted CDL document issued pursuant to this paragraph shall have a statement clearly imprinted on the face of the document that is substantially similar as follows: ``For use as a CDL only during the period from June 30 through July 6 for purposes of transporting less than 227 kilograms (500 pounds) of fireworks classified as DOT Class 1.3G explosives in a vehicle with a GVWR of less than 4,537 kilograms (10,001 pounds).    (3) A restricted CDL issued pursuant to this paragraph shall meet all the requirements of this part, except those specifically identified. A restricted CDL issued pursuant to this paragraph shall be accorded the same reciprocity[[Page 187]]as a CDL meeting all of the requirements of this part. The restrictions imposed upon the issuance of this restricted CDL shall not limit a person's use of the CDL in a non-CMV during either validated or non-validated periods, nor shall the CDL affect a State's power to administer its driver licensing program for operators of vehicles other than CMVs.    (4) Restricted CDLs shall have the same renewal cycle as unrestricted CDLs, but shall be limited to the seasonal period of June 30 through July 6 of each year or a lesser period as defined by the State of licensure.    (5) Persons who operate commercial motor vehicles during the period from July 7 through June 29 for purposes of transporting less than 227 kilograms (500 pounds) of fireworks classified as DOT Class 1.3G explosives in a vehicle with a GVWR of less than 4,537 kilograms (10,001 pounds) and who also operate such vehicles for the same purposes during the period June 30 through July 6 shall not be issued a restricted CDL pursuant to this paragraph.[61 FR 9564, Mar. 8, 1996, as amended at 61 FR 14679, Apr. 3, 1996; 62 FR 1296, Jan. 9, 1997; 67 FR 49755, July 31, 2002; 67 FR 61821, Oct. 2, 2002]Sec.  383.5  Definitions.    As used in this part:    Administrator means the Federal Motor Carrier Safety Administrator, the chief executive of the Federal Motor Carrier Safety Administration, an agency within the Department of Transportation.    Alcohol or alcoholic beverage means: (a) Beer as defined in 26 U.S.C. 5052(a), of the Internal Revenue Code of 1954, (b) wine of not less than one-half of one per centum of alcohol by volume, or (c) distilled spirits as defined in section 5002(a)(8), of such Code.    Alcohol concentration (AC) means the concentration of alcohol in a person's blood or breath. When expressed as a percentage it means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.    Alien means any person not a citizen or national of the United States.    Commerce means (a) any trade, traffic or transportation within the jurisdiction of the United States between a place in a State and a place outside of such State, including a place outside of the United States and (b) trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation described in paragraph (a) of this definition.    Commercial driver's license (CDL) means a license issued by a State or other jurisdiction, in accordance with the standards contained in 49 CFR part 383, to an individual which authorizes the individual to operate a class of a commercial motor vehicle.    Commercial driver's license information system (CDLIS) means the CDLIS established by FMCSA pursuant to section 12007 of the Commercial Motor Vehicle Safety Act of 1986.    Commercial motor vehicle (CMV) means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle--    (a) Has a gross combination weight rating of 11,794 kilograms or more (26,001 pounds or more) inclusive of a towed unit(s) with a gross vehicle weight rating of more than 4,536 kilograms (10,000 pounds); or    (b) Has a gross vehicle weight rating of 11,794 or more kilograms (26,001 pounds or more); or    (c) Is designed to transport 16 or more passengers, including the driver; or    (d) Is of any size and is used in the transportation of hazardous materials as defined in this section.    Controlled substance has the meaning such term has under 21 U.S.C. 802(6) and includes all substances listed on schedules I through V of 21 CFR 1308 (Sec. Sec.  1308.11 through 1308.15), as they may be amended by the United States Department of Justice.    Conviction means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without[[Page 188]]bail, regardless of whether or not the penalty is rebated, suspended, or probated.''    Disqualification means any of the following three actions:    (a) The suspension, revocation, or cancellation of a CDL by the State or jurisdiction of issuance.    (b) Any withdrawal of a person's privileges to drive a CMV by a State or other jurisdiction as the result of a violation of State or local law relating to motor vehicle traffic control (other than parking, vehicle weight or vehicle defect violations).    (c) A determination by the FMCSA that a person is not qualified to operate a commercial motor vehicle under part 391 of this chapter.    Driver applicant means an individual who applies to a State to obtain, transfer, upgrade, or renew a CDL.    Driver's license means a license issued by a State or other jurisdiction, to an individual which authorizes the individual to operate a motor vehicle on the highways.    Driving a commercial motor vehicle while under the influence of alcohol means committing any one or more of the following acts in a CMV--    (a) Driving a CMV while the person's alcohol concentration is 0.04 or more;    (b) Driving under the influence of alcohol, as prescribed by State law; or    (c) Refusal to undergo such testing as is required by any State or jurisdiction in the enforcement of Sec.  383.51(b) or Sec.  392.5(a)(2) of this subchapter.    Eligible unit of local government means a city, town, borough, county, parish, district, or other public body created by or pursuant to State law which has a total population of 3,000 individuals or less.    Employee means any operator of a commercial motor vehicle, including full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner-operator contractors (while in the course of operating a commercial motor vehicle) who are either directly employed by or under lease to an employer.    Employer means any person (including the United States, a State, District of Columbia or a political subdivision of a State) who owns or leases a commercial motor vehicle or assigns employees to operate such a vehicle.    Endorsement means an authorization to an individual's CDL required to permit the individual to operate certain types of commercial motor vehicles.    Fatality means the death of a person as a result of a motor vehicle accident.    Felony means an offense under State or Federal law that is punishable by death or imprisonment for a term exceeding 1 year.    Foreign means outside the fifty United States and the District of Columbia.    Gross combination weight rating (GCWR) means the value specified by the manufacturer as the loaded weight of a combination (articulated) vehicle. In the absence of a value specified by the manufacturer, GCWR will be determined by adding the GVWR of the power unit and the total weight of the towed unit and any load thereon.    Gross vehicle weight rating (GVWR) means the value specified by the manufacturer as the loaded weight of a single vehicle.    Hazardous materials means any material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 CFR part 172 or any quantity of a material listed as a select agent or toxin in 42 CFR part 73.    Imminent hazard means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury or endangerment.    Motor vehicle means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, except that such term does not include a vehicle, machine, tractor, trailer, semitrailer operated exclusively on a rail.    Nonresident CDL means a CDL issued by a State under either of the following two conditions:    (a) To an individual domiciled in a foreign country meeting the requirements of Sec.  383.23(b)(1).[[Page 189]]    (b) To an individual domiciled in another State meeting the requirements of Sec.  383.23(b)(2).    Non-CMV means a motor vehicle or combination of motor vehicles not defined by the term ``commercial motor vehicle (CMV)'' in this section.    Out-of-service order means a declaration by an authorized enforcement officer of a Federal, State, Canadian, Mexican, or local jurisdiction that a driver, a commercial motor vehicle, or a motor carrier operation, is out-of-service pursuant to Sec. Sec.  386.72, 392.5, 395.13, 396.9, or compatible laws, or the North American Uniform Out-of-Service Criteria.    Representative vehicle means a motor vehicle which represents the type of motor vehicle that a driver applicant operates or expects to operate.    School bus means a CMV used to transport pre-primary, primary, or secondary school students from home to school, from school to home, or to and from school-sponsored events. School bus does not include a bus used as a common carrier.    Serious traffic violation means conviction of any of the following offenses when operating a CMV, except weight, defect and parking violations:    (a) Excessive speeding, involving any single offense for any speed of 15 miles per hour or more above the posted speed limit;    (b) Reckless driving, as defined by State or local law or regulation, including but not limited to offenses of driving a CMV in willful or wanton disregard for the safety of persons or property;    (c) Improper or erratic traffic lane changes;    (d) Following the vehicle ahead too closely;    (e) A violation, arising in connection with a fatal accident, of State or local law relating to motor vehicle traffic control;    (f) Driving a CMV without obtaining a CDL;    (g) Driving a CMV without a CDL in the driver's possession. Any individual who provides proof to the enforcement authority that issued the citation, by the date the individual must appear in court or pay any fine for such a violation, that the individual held a valid CDL on the date the citation was issued, shall not be guilty of this offense; or    (h) Driving a CMV without the proper class of CDL and/or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported.    State means a State of the United States and the District of Columbia.    State of domicile means that State where a person has his/her true, fixed, and permanent home and principal residence and to which he/she has the intention of returning whenever he/she is absent.    Tank vehicle means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank that is either permanently or temporarily attached to the vehicle or the chassis. Such vehicles include, but are not limited to, cargo tanks and portable tanks, as defined in part 171 of this title. However, this definition does not include portable tanks having a rated capacity under 1,000 gallons.    United States the term United States means the 50 States and the District of Columbia.    Vehicle means a motor vehicle unless otherwise specified.    Vehicle group means a class or type of vehicle with certain operating characteristics.[52 FR 20587, June 1, 1987, as amended at 53 FR 27648, July 21, 1988; 53 FR 39050, Oct. 4, 1988; 54 FR 40787, Oct. 3, 1989; 59 FR 26028, May 18, 1994; 61 FR 9566, Mar. 8, 1996; 61 FR 14679, Apr. 3, 1996; 62 FR 37151, July 11, 1997; 67 FR 49756, July 31, 2002; 68 FR 23849, May 5, 2003]Sec.  383.7  Validity of CDL issued by decertified State.    A CDL issued by a State prior to the date the State is notified by the Administrator, in accordance with the provisions of Sec.  384.405 of this subchapter, that the State is prohibited from issuing CDLs, will remain valid until its stated expiration date.[67 FR 49756, July 31, 2002][[Page 190]]

[Code of Federal Regulations][Title 49, Volume 5][Revised as of October 1, 2006]From the U.S. Government Printing Office via GPO Access[CITE: 49CFR383][Page 183-189]                         TITLE 49--TRANSPORTATION         CHAPTER III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION,                      DEPARTMENT OF TRANSPORTATION PART 383_COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES--Table of Contents                             Subpart A_General                            Subpart A_GeneralSec.383.1 Purpose and scope.383.3 Applicability.383.5 Definitions.383.7 Validity of CDL issued by decertified State.                  Subpart B_Single License Requirement383.21 Number of drivers' licenses.383.23 Commercial driver's license.    Subpart C_Notification Requirements and Employer Responsibilities383.31 Notification of convictions for driver violations.383.33 Notification of driver's license suspensions.383.35 Notification of previous employment.383.37 Employer responsibilities.            Subpart D_Driver Disqualifications and Penalties383.51 Disqualification of drivers.383.52 Disqualification of drivers determined to constitute an imminent           hazard.383.53 Penalties.               Subpart E_Testing and Licensing Procedures383.71 Driver application procedures.383.72 Implied consent to alcohol testing.383.73 State procedures.383.75 Third party testing.383.77 Substitute for driving skills tests.                Subpart F_Vehicle Groups and Endorsements383.91 Commercial motor vehicle groups.383.93 Endorsements.383.95 Air brake restrictions.                 Subpart G_Required Knowledge and Skills383.110 General requirement.383.111 Required knowledge.383.113 Required skills.383.115 Requirements for double/triple trailers endorsement.383.117 Requirements for passenger endorsement.383.119 Requirements for tank vehicle endorsement.383.121 Requirements for hazardous materials endorsement.383.123 Requirements for a school bus endorsement.Appendix to Subpart G--Required Knowledge and Skills--Sample Guidelines                             Subpart H_Tests383.131 Test procedures.383.133 Testing methods.383.135 Minimum passing scores.    Subpart I_Requirement for Transportation Security Administration           approval of hazardous materials endorsement issuances383.141 General.             Subpart J_Commercial Driver's License Document383.151 General.383.153 Information on the document and application.383.155 Tamperproofing requirements.    Authority: 49 U.S.C. 521, 31136, 31301 et seq., 31502; sec. 214 of Pub. L. 106-159, 113 Stat. 1766, 1767; sec. 1012(b) of Pub. L. 107-56, 115 Stat. 397; sec. 4140 of Pub. L. 109-59, 119 Stat. 1144; and 49 CFR 1.73.    Source: 52 FR 20587, June 1, 1987, unless otherwise noted.    Editorial Note: Nomenclature changes to part 383 appear at 66 FR 49872, Oct. 1, 2001.[[Page 184]]Sec.  383.1  Purpose and scope.    (a) The purpose of this part is to help reduce or prevent truck and bus accidents, fatalities, and injuries by requiring drivers to have a single commercial motor vehicle driver's license and by disqualifying drivers who operate commercial motor vehicles in an unsafe manner.    (b) This part:    (1) Prohibits a commercial motor vehicle driver from having more than one commercial motor vehicle driver's license;    (2) Requires a driver to notify the driver's current employer and the driver's State of domicile of certain convictions;    (3) Requires that a driver provide previous employment information when applying for employment as an operator of a commercial motor vehicle;    (4) Prohibits an employer from allowing a person with a suspended license to operate a commercial motor vehicle;    (5) Establishes periods of disqualification and penalties for those persons convicted of certain criminal and other offenses and serious traffic violations, or subject to any suspensions, revocations, or cancellations of certain driving privileges;    (6) Establishes testing and licensing requirements for commercial motor vehicle operators;    (7) Requires States to give knowledge and skills tests to all qualified applicants for commercial drivers' licenses which meet the Federal standard;    (8) Sets forth commercial motor vehicle groups and endorsements;    (9) Sets forth the knowledge and skills test requirements for the motor vehicle groups and endorsements;    (10) Sets forth the Federal standards for procedures, methods, and minimum passing scores for States and others to use in testing and licensing commercial motor vehicle operators; and    (11) Establishes requirements for the State issued commercial license documentation.[52 FR 20587, June 1, 1987, as amended at 53 FR 27648, July 21, 1988; 54 FR 40787, Oct. 3, 1989]Sec.  383.3  Applicability.    (a) The rules in this part apply to every person who operates a commercial motor vehicle (CMV) in interstate, foreign, or intrastate commerce, to all employers of such persons, and to all States.    (b) The exceptions contained in Sec.  390.3(f) of this subchapter do not apply to this part. The employers and drivers identified in Sec.  390.3(f) must comply with the requirements of this part, unless otherwise provided in this section.    (c) Exception for certain military drivers. Each State must exempt from the requirements of this part individuals who operate CMVs for military purposes. This exception is applicable to active duty military personnel; members of the military reserves; member of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training, and national guard military technicians (civilians who are required to wear military uniforms); and active duty U.S. Coast Guard personnel. This exception is not applicable to U.S. Reserve technicians.    (d) Exception for farmers, firefighters, emergency response vehicle drivers, and drivers removing snow and ice. A State may, at its discretion, exempt individuals identified in paragraphs (d)(1), (d)(2), and (d)(3) of this section from the requirements of this part. The use of this waiver is limited to the driver's home State unless there is a reciprocity agreement with adjoining States.    (1) Operators of a farm vehicle which is:    (i) Controlled and operated by a farmer, including operation by employees or family members;    (ii) Used to transport either agricultural products, farm machinery, farm supplies, or both to or from a farm;    (iii) Not used in the operations of a common or contract motor carrier; and    (iv) Used within 241 kilometers (150 miles) of the farmer's farm.    (2) Firefighters and other persons who operate CMVs which are necessary to the preservation of life or property or the execution of emergency governmental functions, are equipped with audible and visual signals and are not[[Page 185]]subject to normal traffic regulation. These vehicles include fire trucks, hook and ladder trucks, foam or water transport trucks, police SWAT team vehicles, ambulances, or other vehicles that are used in response to emergencies.    (3)(i) A driver, employed by an eligible unit of local government, operating a commercial motor vehicle within the boundaries of that unit for the purpose of removing snow or ice from a roadway by plowing, sanding, or salting, if    (A) The properly licensed employee who ordinarily operates a commercial motor vehicle for these purposes is unable to operate the vehicle; or    (B) The employing governmental entity determines that a snow or ice emergency exists that requires additional assistance.    (ii) This exemption shall not preempt State laws and regulations concerning the safe operation of commercial motor vehicles.    (e) Restricted commercial drivers license (CDL) for certain drivers in the State of Alaska. (1) The State of Alaska may, at its discretion, waive only the following requirements of this part and issue a CDL to each driver that meets the conditions set forth in paragraphs (e) (2) and (3) of this section:    (i) The knowledge tests standards for testing procedures and methods of subpart H, but must continue to administer knowledge tests that fulfill the content requirements of subpart G for all applicants;    (ii) All the skills test requirements; and    (iii) The requirement under Sec.  383.153(a)(4) to have a photograph on the license document.    (2) Drivers of CMVs in the State of Alaska must operate exclusively over roads that meet both of the following criteria to be eligible for the exception in paragraph (e)(1) of this section:    (i) Such roads are not connected by land highway or vehicular way to the land-connected State highway system; and    (ii) Such roads are not connected to any highway or vehicular way with an average daily traffic volume greater than 499.    (3) Any CDL issued under the terms of this paragraph must carry two restrictions:    (i) Holders may not operate CMVs over roads other than those specified in paragraph (e)(2) of this section; and    (ii) The license is not valid for CMV operation outside the State of Alaska.    (f) Restricted CDL for certain drivers in farm-related service industries. (1) A State may, at its discretion, waive the required knowledge and skills tests of subpart H of this part and issue restricted CDLs to employees of these designated farm-related service industries:    (i) Agri-chemical businesses;    (ii) Custom harvesters;    (iii) Farm retail outlets and suppliers;    (iv) Livestock feeders.    (2) A restricted CDL issued pursuant to this paragraph shall meet all the requirements of this part, except subpart H of this part. A restricted CDL issued pursuant to this paragraph shall be accorded the same reciprocity as a CDL meeting all of the requirements of this part. The restrictions imposed upon the issuance of this restricted CDL shall not limit a person's use of the CDL in a non-CMV during either validated or non-validated periods, nor shall the CDL affect a State's power to administer its driver licensing program for operators of vehicles other than CMVs.    (3) A State issuing a CDL under the terms of this paragraph must restrict issuance as follows:    (i) Applicants must have a good driving record as defined in this paragraph. Drivers who have not held any motor vehicle operator's license for at least one year shall not be eligible for this CDL. Drivers who have between one and two years of driving experience must demonstrate a good driving record for their entire driving history. Drivers with more than two years of driving experience must have a good driving record for the two most recent years. For the purposes of this paragraph, the term good driving record means that an applicant:    (A) Has not had more than one license (except in the instances specified in Sec.  383.21);[[Page 186]]    (B) Has not had any license suspended, revoked, or canceled;    (C) Has not had any conviction for any type of motor vehicle for the disqualifying offenses contained in Sec.  383.51(b);    (D) Has not had any conviction for any type of motor vehicle for serious traffic violations; and    (E) Has not had any conviction for a violation of State or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with any traffic accident, and has no record of an accident in which he/she was at fault.    (ii) Restricted CDLs shall have the same renewal cycle as unrestricted CDLs, but shall be limited to the seasonal period or periods as defined by the State of licensure, provided that the total number of calendar days in any 12-month period for which the restricted CDL is valid does not exceed 180. If a State elects to provide for more than one seasonal period, the restricted CDL is valid for commercial motor vehicle operation only during the currently approved season, and must be revalidated for each successive season. Only one seasonal period of validity may appear on the license document at a time. The good driving record must be confirmed prior to any renewal or revalidation.    (iii) Restricted CDL holders are limited to operating Group B and C vehicles, as described in subpart F of this part.    (iv) Restricted CDLs shall not be issued with any endorsements on the license document. Only the limited tank vehicle and hazardous materials endorsement privileges that the restricted CDL automatically confers and are described in paragraph (f)(3)(v) of this section are permitted.    (v) Restricted CDL holders may not drive vehicles carrying any placardable quantities of hazardous materials, except for diesel fuel in quantities of 3,785 liters (1,000 gallons) or less; liquid fertilizers (i.e., plant nutrients) in vehicles or implements of husbandry in total quantities of 11,355 liters (3,000 gallons) or less; and solid fertilizers (i.e., solid plant nutrients) that are not transported with any organic substance.    (vi) Restricted CDL holders may not hold an unrestricted CDL at the same time.    (vii) Restricted CDL holders may not operate a commercial motor vehicle beyond 241 kilometers (150 miles) from the place of business or the farm currently being served.    (g) Restricted CDL for certain drivers in the pyrotechnic industry. (1) A State may, at its discretion, waive the required hazardous materials knowledge tests of subpart H of this part and issue restricted CDLs to part-time drivers operating commercial motor vehicles transporting less than 227 kilograms (500 pounds) of fireworks classified as DOT Class 1.3G explosives.    (2) A State issuing a CDL under the terms of this paragraph must restrict issuance as follows:    (i) The GVWR of the vehicle to be operated must be less than 4,537 kilograms (10,001 pounds);    (ii) If a State believes, at its discretion, that the training required by Sec.  172.704 of this title adequately prepares part-time drivers meeting the other requirements of this paragraph to deal with fireworks and the other potential dangers posed by fireworks transportation and use, the State may waive the hazardous materials knowledge tests of subpart H of this part. The State may impose any requirements it believes is necessary to ensure itself that a driver is properly trained pursuant to Sec.  172.704 of this title.    (iii) A restricted CDL document issued pursuant to this paragraph shall have a statement clearly imprinted on the face of the document that is substantially similar as follows: ``For use as a CDL only during the period from June 30 through July 6 for purposes of transporting less than 227 kilograms (500 pounds) of fireworks classified as DOT Class 1.3G explosives in a vehicle with a GVWR of less than 4,537 kilograms (10,001 pounds).    (3) A restricted CDL issued pursuant to this paragraph shall meet all the requirements of this part, except those specifically identified. A restricted CDL issued pursuant to this paragraph shall be accorded the same reciprocity[[Page 187]]as a CDL meeting all of the requirements of this part. The restrictions imposed upon the issuance of this restricted CDL shall not limit a person's use of the CDL in a non-CMV during either validated or non-validated periods, nor shall the CDL affect a State's power to administer its driver licensing program for operators of vehicles other than CMVs.    (4) Restricted CDLs shall have the same renewal cycle as unrestricted CDLs, but shall be limited to the seasonal period of June 30 through July 6 of each year or a lesser period as defined by the State of licensure.    (5) Persons who operate commercial motor vehicles during the period from July 7 through June 29 for purposes of transporting less than 227 kilograms (500 pounds) of fireworks classified as DOT Class 1.3G explosives in a vehicle with a GVWR of less than 4,537 kilograms (10,001 pounds) and who also operate such vehicles for the same purposes during the period June 30 through July 6 shall not be issued a restricted CDL pursuant to this paragraph.[61 FR 9564, Mar. 8, 1996, as amended at 61 FR 14679, Apr. 3, 1996; 62 FR 1296, Jan. 9, 1997; 67 FR 49755, July 31, 2002; 67 FR 61821, Oct. 2, 2002]Sec.  383.5  Definitions.    As used in this part:    Administrator means the Federal Motor Carrier Safety Administrator, the chief executive of the Federal Motor Carrier Safety Administration, an agency within the Department of Transportation.    Alcohol or alcoholic beverage means: (a) Beer as defined in 26 U.S.C. 5052(a), of the Internal Revenue Code of 1954, (b) wine of not less than one-half of one per centum of alcohol by volume, or (c) distilled spirits as defined in section 5002(a)(8), of such Code.    Alcohol concentration (AC) means the concentration of alcohol in a person's blood or breath. When expressed as a percentage it means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.    Alien means any person not a citizen or national of the United States.    Commerce means (a) any trade, traffic or transportation within the jurisdiction of the United States between a place in a State and a place outside of such State, including a place outside of the United States and (b) trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation described in paragraph (a) of this definition.    Commercial driver's license (CDL) means a license issued by a State or other jurisdiction, in accordance with the standards contained in 49 CFR part 383, to an individual which authorizes the individual to operate a class of a commercial motor vehicle.    Commercial driver's license information system (CDLIS) means the CDLIS established by FMCSA pursuant to section 12007 of the Commercial Motor Vehicle Safety Act of 1986.    Commercial motor vehicle (CMV) means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle--    (a) Has a gross combination weight rating of 11,794 kilograms or more (26,001 pounds or more) inclusive of a towed unit(s) with a gross vehicle weight rating of more than 4,536 kilograms (10,000 pounds); or    (b) Has a gross vehicle weight rating of 11,794 or more kilograms (26,001 pounds or more); or    (c) Is designed to transport 16 or more passengers, including the driver; or    (d) Is of any size and is used in the transportation of hazardous materials as defined in this section.    Controlled substance has the meaning such term has under 21 U.S.C. 802(6) and includes all substances listed on schedules I through V of 21 CFR 1308 (Sec. Sec.  1308.11 through 1308.15), as they may be amended by the United States Department of Justice.    Conviction means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without[[Page 188]]bail, regardless of whether or not the penalty is rebated, suspended, or probated.''    Disqualification means any of the following three actions:    (a) The suspension, revocation, or cancellation of a CDL by the State or jurisdiction of issuance.    (b) Any withdrawal of a person's privileges to drive a CMV by a State or other jurisdiction as the result of a violation of State or local law relating to motor vehicle traffic control (other than parking, vehicle weight or vehicle defect violations).    (c) A determination by the FMCSA that a person is not qualified to operate a commercial motor vehicle under part 391 of this chapter.    Driver applicant means an individual who applies to a State to obtain, transfer, upgrade, or renew a CDL.    Driver's license means a license issued by a State or other jurisdiction, to an individual which authorizes the individual to operate a motor vehicle on the highways.    Driving a commercial motor vehicle while under the influence of alcohol means committing any one or more of the following acts in a CMV--    (a) Driving a CMV while the person's alcohol concentration is 0.04 or more;    (b) Driving under the influence of alcohol, as prescribed by State law; or    (c) Refusal to undergo such testing as is required by any State or jurisdiction in the enforcement of Sec.  383.51(b) or Sec.  392.5(a)(2) of this subchapter.    Eligible unit of local government means a city, town, borough, county, parish, district, or other public body created by or pursuant to State law which has a total population of 3,000 individuals or less.    Employee means any operator of a commercial motor vehicle, including full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner-operator contractors (while in the course of operating a commercial motor vehicle) who are either directly employed by or under lease to an employer.    Employer means any person (including the United States, a State, District of Columbia or a political subdivision of a State) who owns or leases a commercial motor vehicle or assigns employees to operate such a vehicle.    Endorsement means an authorization to an individual's CDL required to permit the individual to operate certain types of commercial motor vehicles.    Fatality means the death of a person as a result of a motor vehicle accident.    Felony means an offense under State or Federal law that is punishable by death or imprisonment for a term exceeding 1 year.    Foreign means outside the fifty United States and the District of Columbia.    Gross combination weight rating (GCWR) means the value specified by the manufacturer as the loaded weight of a combination (articulated) vehicle. In the absence of a value specified by the manufacturer, GCWR will be determined by adding the GVWR of the power unit and the total weight of the towed unit and any load thereon.    Gross vehicle weight rating (GVWR) means the value specified by the manufacturer as the loaded weight of a single vehicle.    Hazardous materials means any material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 CFR part 172 or any quantity of a material listed as a select agent or toxin in 42 CFR part 73.    Imminent hazard means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury or endangerment.    Motor vehicle means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, except that such term does not include a vehicle, machine, tractor, trailer, semitrailer operated exclusively on a rail.    Nonresident CDL means a CDL issued by a State under either of the following two conditions:    (a) To an individual domiciled in a foreign country meeting the requirements of Sec.  383.23(b)(1).[[Page 189]]    (b) To an individual domiciled in another State meeting the requirements of Sec.  383.23(b)(2).    Non-CMV means a motor vehicle or combination of motor vehicles not defined by the term ``commercial motor vehicle (CMV)'' in this section.    Out-of-service order means a declaration by an authorized enforcement officer of a Federal, State, Canadian, Mexican, or local jurisdiction that a driver, a commercial motor vehicle, or a motor carrier operation, is out-of-service pursuant to Sec. Sec.  386.72, 392.5, 395.13, 396.9, or compatible laws, or the North American Uniform Out-of-Service Criteria.    Representative vehicle means a motor vehicle which represents the type of motor vehicle that a driver applicant operates or expects to operate.    School bus means a CMV used to transport pre-primary, primary, or secondary school students from home to school, from school to home, or to and from school-sponsored events. School bus does not include a bus used as a common carrier.    Serious traffic violation means conviction of any of the following offenses when operating a CMV, except weight, defect and parking violations:    (a) Excessive speeding, involving any single offense for any speed of 15 miles per hour or more above the posted speed limit;    (b) Reckless driving, as defined by State or local law or regulation, including but not limited to offenses of driving a CMV in willful or wanton disregard for the safety of persons or property;    (c) Improper or erratic traffic lane changes;    (d) Following the vehicle ahead too closely;    (e) A violation, arising in connection with a fatal accident, of State or local law relating to motor vehicle traffic control;    (f) Driving a CMV without obtaining a CDL;    (g) Driving a CMV without a CDL in the driver's possession. Any individual who provides proof to the enforcement authority that issued the citation, by the date the individual must appear in court or pay any fine for such a violation, that the individual held a valid CDL on the date the citation was issued, shall not be guilty of this offense; or    (h) Driving a CMV without the proper class of CDL and/or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported.    State means a State of the United States and the District of Columbia.    State of domicile means that State where a person has his/her true, fixed, and permanent home and principal residence and to which he/she has the intention of returning whenever he/she is absent.    Tank vehicle means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank that is either permanently or temporarily attached to the vehicle or the chassis. Such vehicles include, but are not limited to, cargo tanks and portable tanks, as defined in part 171 of this title. However, this definition does not include portable tanks having a rated capacity under 1,000 gallons.    United States the term United States means the 50 States and the District of Columbia.    Vehicle means a motor vehicle unless otherwise specified.    Vehicle group means a class or type of vehicle with certain operating characteristics.[52 FR 20587, June 1, 1987, as amended at 53 FR 27648, July 21, 1988; 53 FR 39050, Oct. 4, 1988; 54 FR 40787, Oct. 3, 1989; 59 FR 26028, May 18, 1994; 61 FR 9566, Mar. 8, 1996; 61 FR 14679, Apr. 3, 1996; 62 FR 37151, July 11, 1997; 67 FR 49756, July 31, 2002; 68 FR 23849, May 5, 2003]Sec.  383.7  Validity of CDL issued by decertified State.    A CDL issued by a State prior to the date the State is notified by the Administrator, in accordance with the provisions of Sec.  384.405 of this subchapter, that the State is prohibited from issuing CDLs, will remain valid until its stated expiration date.[67 FR 49756, July 31, 2002][[Page 190]]

well I guess it just won't paste.....maybe it is too long....don't know....if anyone wants it pm me with your email address and I will send it to you.

Has anyone contacted US Rider about this situation?   Would they be able to help?

Personally I haven't lost anything in Iowa and plan to avoid it like the plague

I am from Iowa, and I know there has been a lot of talk of people warning people about this crack down on the rules.

I still have a couple of questions: I am under the weight. Do I still need to stop at the scales and do I need a d.o.t. number on my truck.

I have been told that if you have been stopped, say that you are going trail riding, If your child is showing is that considered commercial since you the parent are driving?

I as told and have a paper fro the d.o.t. in Washington D.C. that  says that if you are NOT making money with your truck and trailer and using if for recreation you do not need a d.o.t. number  

Here is another twist on the whole thing.  According to the FMCSA transporting a horse to a show, the trainer, to be bred, a race etc. is considered "intent to profit".  Therefore making you a commercial vehicle.  Even if you don't make any money. I have also heard the only way around that is to say you are going to/from a trail ride. 

I am going to try to get a website up and running very soon.  I will keep everyone posted.  Thank you all so much for responding.  In the meantime I am going to be sending emails to all the horse associations, publications, trailer manufactures and transportation officials.  I encourage you all to do the same.

The west has this because rustling still occurs out there!!!

These are the rules from North Dakota...

36-09-23. Removal of livestock from state - Brand inspection - Penalty.
1. No person may remove cattle, horses, or mules from this state or to within a mile [1.61 kilometers] of any boundary of the state for the purpose of removal unless the livestock has been inspected for marks and brands by an official brand inspector of the North Dakota stockmen's association and a certificate of inspection must accompany the livestock to destination.
2. It is unlawful for the owner or possessor to remove any livestock from any place of regular official brand inspection unless and until official brand inspection has been made and the brand inspection certificate issued.
3. A person who violates this section is guilty of a class B misdemeanor. A person who violates this section a second time within fifteen years or violates this section three or more times is guilty of a class C felony.

It gets better...

36-09-24. Police powers of chief brand inspector and two fieldmen. The chief brand inspector and two fieldmen employed by the North Dakota stockmen's association have the power:
1. Of a police officer for the purpose of enforcing brand laws and any other state laws or rules relating to livestock.
2. To make arrests upon view and without warrant for any violation of this chapter or any other state laws or rules relating to livestock committed in the inspector's presence.
3. To respond to requests from other law enforcement agencies or officers for aid and assistance. For the purposes of this subsection, a request from a law enforcement agency or officer means only a request for assistance to a particular and single violation or suspicion of violation of law, and does not constitute a continuous request for assistance.

And people wonder why they have to carry complete paperwork on every horse they transport...

I didn't find anything related to complete cavity searches...but I'm sure they are coming...

Has something happened to this page? Maybe it's just on my computer.I can't read all of the posts,they go on forever right off the edge!

None of the other threads I look at are like this.???

I think it started with Rose's message on the first page with all the javascript gobbly-gook in it...(that's high level computer talk)...

If you look at the bottom of your screen you will see a drawbar...so you can pull it to the right to see the complete messages...

Dear Rick,  You seem to know alot about the situation for someone who was not there.  I don't suppose you are officer 394?  Also, I am an amateur not a professional according to the USEF card I carry. I am not a business nor do I advertise, I have no farm name and as most who show I spend more doing that than I would ever make.  It is a very expensive recreational hobby.

ok I'll bite....How the h--l did officer 394 know where a rig was going or where it had been PRIOR to the stop?

Is this part of the new warrantless wiretapping?  Since when did horsepeople become terrorists?

POOP on IOWA

I too am curious about the source of Rick's information

for PaulChristenson

The brand inspector who refused to come in S Dakota admitted to us that only 2 horses had been reported stolen in the previous two years

Besides, what would a thief do with a stolen horse?  The killers aren't buying and the recreational horse market is in the basement.  Thieves, while maybe not the smartest people around, usually only steal stuff they can quickly convert into cash.

So you are ok with someone hijacking your user name to post something you don't agree with?  How about you tell us what you do know about this anonymous poster - how did he/she come to have the information shared?

I wonder how officers of the law of the highway could construe that you would be hauling for profit if you were taking a mare to be bred? We've kept most of the colts that we have ever bred our mare for,and if we did sell one,h---,4-5 years down the road after it's born,do they even remember that particular incident? Doubtful.

Are they possibly trying to catch haulers for profit that have bought regular rigs to get around having to go through all the proper channels?

"I don't know where people come up with this stuff" Quote

H----- YAH! DITTO! You mean like government agents that don't have enough to do to justify their jobs so they make up stuff? THOSE kinds of people?????

4.   Horse Trailer World reserves the right to reveal your identity (or whatever information we know) in the event of a complaint or legal action arising from any message posted by you. 

According to the rules of this website...can I ask who posted under Rick's account?

Or do we have to complain first???....

Hey Y'all, I really appreciate all of your input and enthusiasm on this issue.  It's going to take all us getting together to do something about these regulations.  I am sending out emails to all the organizations I can think of.  If you would like to be included please email me at my address and I will stick you on my list.  Also, you will then have all the email addresses I have and can send your own emails.  I believe the more emails we can get in the better.  I am also working on a website so it will be easier to access information, but I don't know how soon I will have that up and running.  Please, let me know if I have left out an organization or if you have any ideas.

Here is the email address   keeponhaulin@yahoo.com

We pulled into one up in Missouri one time right after we got our LQ trailer.We thought maybe we should,we didn't know.THe guys in the weigh station looked at us,and called out "Something the matter?" We shook our heads,and one came out,and said,"What are you doing?" We said,"We thought we were supposed to stop here." He said,"Hell,lady,youall don't belong in here,this is for truckers and over the road haulers! Now go on,and have a nice trip,there's folks waiting in line behind you!"

We felt like a couple of dummies.I've NEVER seen a horse trailer sitting at a weigh station since.I see them fly by them in Missouri Arkansas (when you can find one) ect.and never stop.We're not stopping at the next one,either.

Gotta love public boards dontcha? My thinking is, and I'm thinking Rick's friend may protest, is Officer Friendly was having a bad day and took it out on some horse people towing a nice trailer. I mean really three hours on the side of the highway? That's an unreasonable amount of detainment without being arrested for a 'real' crime. And sheesh, profit??? Especially at the amature level.  Many shows you are lucky if you get a purdy ribbon.

 I took my old horse to a team penning a couple of years ago. Drew a team that came in second and after paying the mandatory practice rounds and round robin rounds I still had to pay $8. LOL OK that had something to do with them decided to pay out to three places rather than the normal two. Anyway, let's see that's a negative profit of $8 plus fuel costs and not even a pretty ribbon to take home. Yup, definitely in it for the money.  Gotta say, it was a fun time and worth every penny.

I think some clarification needs to be put in the books to prevent further harrassment of horse owners on the highways. In the mean time I'll be glad I'm only towing a 16' stock trailer and well under combined weight of truck and trailer of 26000 lbs

I know when I started asking questions when I moved to OH, I was told my two State Highway Patrol officers that how you answered their questions was one of the most important things. Although I show reiners, you can bet when I get asked by a trooper where I'm headed the answer is going to be "to a trail ride on my uncle's farm"!

I've been trying to get a straight answer out of the state of OH for 3 years from the SHP, the PUCO and DOT and the only consistent response I have received has been from a high ranking officer in the SHP, "It really depends on which officer pulls you over. Some feel a need to make an example and others are just trying to do their job, not necessarily make your day any tougher." Secondly, he said any determination by the officer is based on your answers to the standard questions regarding your destination and what you are going to do when you get there. It is important that you give the correct answer here!

Typically they want to know if you own the truck & trailer and all the horses in it. Then they ask where you are headed.

Finally, they told me that sponsorship identification or farm/business names or logos also ID your vehicle as a potential commercial vehicle. As a result, the only logo on my new trailer says "ELITE"!

The bottom line is that individuals hauling horse trailers seem to fall into a grey area that makes us subject to the attitude of the officer pulling us over.

That's what I gleaned after wading through the regs on the website of the Federal Motor Vehicle Safety Administration.The website that keeponhaulin provided on the first page of the thread.

It does say the weight stipulations of the vehicle,the trailers being towed,ect.But it does say "For Commerce."

ANd it depends on whether you get stopped by a Barney Fife or an Andy,looks to me like,and all in how they want to make the call.

Main Entry: com·merce
Function: noun
1 : the exchange or buying and selling of goods, commodities, property, or services esp. on a large scale and involving transportation from place to place

Hey Rick

Why does your "friend" have to hide behind your skirts?  Sounds to me like he is in fact officer 394......and qualifies as a complete bag of s--t.  I repeat POOP ON IOWA

And again HOW THE HELL DOES A COP KNOW WHERE YOU ARE GOING PRIOR TO THE STOP     Rick how about asking your "friend" this

Broken Bit said a mouthfull.....HOWDY COMRAD

I'd like to know under what authority, does a police officer have to ask where are you going?  Is there a limit to a citizen traveling on a public road?

Dearest Rick,

 It would not benefit any of us who pull trailers if the story I told was a lie or if I omitted any details.  That is exactly what happened.  Hook up your trailer and go for a drive down I-29 through Hamilton county and see what happens to you. 

It would not benefit any of us who pull trailers if the story I told was a lie or if I omitted any details.  That is exactly what happened.  Hook up your trailer and go for a drive down I-29 through Hamilton county and see what happens to you. 

___________________

You kinda lost me on this one with your wording...what exactly happened, that you omitted details or do you mean what you posted at the beginning is 'what happened'? All I was saying was that only you and the trooper know all the details that we can't assume to know, so there's no way we can know who said/did what and why. So I'm not sure what your post is trying to say. I'm an honest person and don't like to lie, but if saying that I'm headed home from trail riding and not that I just won $10 at the ranch rodeo saves me from getting a bunch of CDL-related tickets, that's what I'm gonna do. But, if you're hauling for profit or as a business in any sort of way and try to hide that, yes that would not be a good idea.

All I am trying to say is that, that is exactly what happened.  The officer asked the typical questions, who owns the vehicle, where are you going, where have you been.  Unfortunatly, I was unaware by answering that I had been at a horse show that would qualify me as commercial.  However, I had already received the commercial violations and citations before he asked me where I had been.  He also wanted to know how money was made by showing horses, I said it wasn't.  He did not ask about prize money or "intent to profit". He also wanted to know a business name, we don't have one.  He used my name and "farms" after it under the motor carrier name.  As I stated before I was cited for three of the 12 violations, I should clarify which ones.  The three include: no drivers record of duty status, not marked in accordance with regulations and not licensed for type of vehicle being operated.  Some violations were for CMV and some for no CDL and somehow those over lap.

As far as saying you are coming home from a trail ride that may not save from the commecial violations because it is up to the discretion officer to decide if you are "intending to profit" or involved in commerce.  Also if you are towing a trailer with a GVWR over 10,001lbs for a total combined GVWR over 26,001lbs. you are still in violation of driving without a CDL.  I guess what it really somes down to is that you can have a perfectly legal truck and perfectly legal trailer and somehow when you hitch that two together they become illegal based on the potential weight and possible opinion of an officer.  It is a grey area issue that needs to be cleared up preferably with an exemption like the one the RVers have rallied for and received.

I hope this clears up some of the questions you have about the circumstances of my experience, if not please feel free to ask.  As this does involve ALL who haul, for whatever reasons, to and from whatever place in ALL the states, I want to be as much help and receive as much feedback as possible so we can try to resolve this issue.

Thanks

It just keeps getting better...

MONTPELIER — In a sharply divided decision, the Vermont Supreme Court has upheld the right of police to pull over drivers whom they suspect are impaired, even if those motorists aren’t driving erratically or breaking any traffic laws.

Full Story here...

http://www.sevendaysvt.com/nc/columns/local-matters-news/2007/vt-supreme-court-says-police-can-stop-drivers-who-are-not-breaking-law.html

Howdy Comrad Vermont

I guess the 4th Amendment to the US Constitution no longer exists in Vermont.

In Tennessee, law enforcement still has to have an articulatable reason for stopping a driver;  not just a "gut feeling."  

Now the fact that Officer 394 put "Farms" after keeponhaulin's name on the ticket makes me think that the agriculture exemption should apply....

The bottom line is that people must be prepared to contest these types of stops and tickets, and not just pay them.

The Farm exemption is for only within 150 miles of their farms...

dblhocker   Thank you for the info.  At least it's not just the out-of-state folks.  But why is Iowa doing this?

Thanks for providing that defination and information,altho I already know what commerce means.

That's easy.PM'd you.

Yes Mam,I consider it a secret,but not because I'm worried anybody is going to come find me,because,I haven't DONE anything.

It's because my comment was not very flattering and some  would be offended,and because I'm  fed up with people on here that flame everybody when they are commenting on situations and giving honest opinions on this forum,is why.

I'll be more than happy to PM the comment to you,also.

Sure PM me. :)

Happy Labor Day weekend everybody!!  Just wanted to remind some of you that these regulations are FEDERAL, which means they are superior to the states laws.  Check the FMCSA, FMCSR and DOT websites for full regulations.  Also, in Texas they have just passed a law/regulation that all truck drivers must speak English.  Not that that is a bad idea, but it is just another regulation.  Another thing is, starting on September 29, 2007 more regulations will enforced in more areas.  This is according to the FMCSA that is why it sounds so screwy.  Just because you have not been stopped before or have not heard of these regulations or think that you are not doing anything wrong does not mean it cannot happen to you.  These regulations have been on the books for about 20 years.  I believe the FMCSA has them down from about 1985.  It is up to the individuals to educate themselves hopefully before getting a ticket(s).  What we really need to do is get together, start a campaign and get an exemption like the RVers have done before it is impossible to haul your horse to the vet.  I have send out alot of emails and had very little response(hopefully just because it is labor day weekend) if there is a organization that you think needs this information or you would like to be on my email list please send you comments, suggestions or any email addresses of organzations you are affiliated with to keeponhaulin@yahoo.com.

Thank you again, remember the power will be in the number of people we can get together,

keeponhaulin 

I put up a post on the horse forum as well.  Basically all the same information, I am a little calmer now than I was when  I wrote the posting for this forum, so it is a bit more organized. I didn't know how many of you crossed over to the horse forum and figured everybody could use the information.

I am going to try to paste some info from the DOT site...

<noscript> You must enable scripting on your browser to be able to use all the functionality of the site - print this page  

<form id=frmLan name=frmLan action="" method=post>  U.S. Department of Transportation Keyword Links | Contact Us | Español Federal Motor Carrier Safety Administration Home Rules & Regulations Registration & Licensing Forms Safety & Security Facts & Research Cross Border About FMCSA   Home > What is a USDOT Number? <form id=Form1 name=cn action=http://search.google.dot.gov/FMCSA/FMCSASearchProcess.asp>   (); onfocus="javascript: if(this.value == 'Search All FMCSA Sites') {this.value = '';}" value="Search All FMCSA Sites" name=q Sites? FMCSA All title?Search>   Overview Company Registration Registration Overview What is a USDOT Number? What is Operating Authority? Registration Steps What Forms Do I need? Licensing & Insurance Requirements New Company Requirements (New Entrant Program) How to Register Online Registration Download Registration Forms Find a Company's Status By USDOT Number/Name By Operating Authority Driver Registration Commercial Driver's License (CDL) Program        What is a USDOT Number?   Print     Companies that operate commercial vehicles transporting passengers or hauling cargo in interstate commerce must be registered with the FMCSA and must have a USDOT Number. Also, commercial intrastate hazardous materials carriers who haul quantities requiring a safety permit must register for a USDOT Number. The USDOT Number serves as a unique identifier when collecting and monitoring a company’s safety information acquired during audits, compliance reviews, crash investigations, and inspections. New-Entrant Program All first-time carrier applicants for a USDOT Number will be automatically enrolled in the FMCSA New Entrant Safety Assurance Program. This program requires new entrants to pass a safety audit and maintain acceptable roadside safety performance over an initial 18-month period before they are given permanent registration status. In most cases, companies operating exclusively as brokers or non-vehicle-operating shippers or freight forwarders do not need to obtain a USDOT Number. Some States Require USDOT Numbers In select states (see green highlighted states or list below), all registrants of commercial motor vehicles, even intrastate and non-Motor Carrier registrants, are required to obtain a USDOT Number as a necessary condition for commercial vehicle registration. Alabama, Alaska, Arizona, Colorado, Florida, Georgia, Iowa, Kansas, Kentucky, Maine, Michigan, Minnesota, Missouri, New York, Ohio, Oklahoma, Oregon, South Dakota, Tennessee, Utah, Washington, West Virginia, Wisconsin, and Wyoming.   Feedback | Privacy Policy | USA.gov | Freedom of Information Act (FOIA) | Accessibility Web Policies and Important Links | Site Map | Plug-ins Federal Motor Carrier Safety Administration 1200 New Jersey Avenue SE, Washington, DC 20590 • 1-800-832-5660 • TTY: 1-800-877-8339 Field Office Roster