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Trouble hauling through Iowa!!(repost from trailer forum)

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keeponhaulin'
Reg. Aug 2007
Posted 2007-09-02 12:50 PM (#67029)
Subject: Trouble hauling through Iowa!!(repost from trailer forum)


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Posts: 38
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Location: texas

This has been posted on the trailer form for about a week, please see that for all the replies.  Just wanted to make sure everyone is getting the information.

To Whom it Does Concern,

Just a little story about my drive home from Canadian Nationals in August 2007.  Everything was going fine considering the length of the trip, we'd had no flat tires, minimal construction and a smooth border crossing.  We had just finished a 2 hour rest stop at a lovely Iowa rest area with plenty of shade to park under and fresh, cold water for the horses.  I was ready to start my "tank of gas" shift.  We were back on I-29 headed 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 home.  Next thing I know we are both on the side of the road with drivers license and registration in hand.  We were only doing 60 mph, seat belts on and I was pretty sure we had both paid for the fuel we got 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 horse trailer I was pulling was considered a commercial moter vehicle and I was not qualified to drive it nor was I in compliance with the regulations of a CMV.  The GVWR of my truck is 10,000lbs. and the trailer is 20,000lbs.  The truck and trailer I was following was also cited being that it is a F-550 pulling an 8 horse trailer and also over the GVWR.  Both "rigs" were over the weight limit of a Class C drivers license which were informed is a combined truck and trailer GVWR of 26,001lbs or more. The list of 12 violations included, no fire extingushers (the one in the trailer does not count), insufficient warning devices, no record of duty status, operating a CMV without a periodic inspection, not being licensed for type of vehicle being operated, no drivers medical certificate on driver's possession, no pretrip inspection, driver failing to retail previous 7 days log, driver's vehicle inspection report and finally a log violation.  Also, we did not have a DOT number, ID number or name displayed on the side of the trucks.  Fortunately I was only cited for 3 of the offenses, officer no. 394's printer ran out of ink.  My lucky day.  He also informed me that myself and the other truck and trailer were now "out of service until qualified" and had it not been 97 degrees outside he would have pulled us off the road.  After several hours on the side of the road, in the heat, he was worried the horses would get sick.  So we returned to the highway and got the hell out of Iowa.  We called other farms that had left after us and told them what had happened and to avoid Iowa if possible.  A few hours later we got a call from another farm who was passing through Iowa on I-29 heading south and they told us a road block had been set up for horse traliers.

After returning home and trying to sleep, I did a little research.  The officer had given me the Federal Motor Carriers Safety Regulations website which was basically useless.  After reading it a couple of times, I found out the tickets I received on my pick up truck and recreational horse trailer do fit under the CMV regulations.  I do not declare myself a business.  I also discovered that a vehicle can be considered "commercial" if you are hauling to a show, race, the trainer's, to be bred or a rodeo, ect.  These actions are considered "intent to profit" because they increase the value of the animal (it is at the officer's discretion to determine if you are commercial based on where you are coming/going from/to.) despite what you claim on your taxes or your status as an amateur or what you consider a hobby.  According to the DOT website a Class A drivers license is required for and combination of vehicles with a combined GVWR of 26,001lbs or more pounds, provided the GVWR of the vehicle being towed is in excess of 10,001lbs.  After I got the tickets I was curious about the ACTUAL weight of my truck and trailer not its' potential weight. At the next fuel stop I weighed it on a CAT scale, with a full tank of diesel, 2 horses, 4 dogs, 7 peoples' luggage, 14' living quarters with all the bells and whistles and it came out to 22,760lbs. Who would have thought that if your truck is legal and you are qualified to drive it with a Class C drivers license and your trailer is legal, that when you hitch them togehter they become illegal and you need another class of drivers license to drive?

I just wanted to pass along my experience and see if anyone else has gone through something like this.  With just the little research I have done, it seems that these regulations and laws, which have been on the books for years(20+), are going to have a huge negative impact on the entire horse industry if they are enforced.  I encourage all of you who haul horses to do some research on your own and really think about the impact this is going to have on your life, whether horses are your livelihood or just an expensive hobby.

Thank you,

keeponhaulin

These are FEDERAL regulations which are superior to a states regulations and more infomation can be found on the DOT, FMCSA and FMCSR websites.  Please feel free to pass this information along as it will impact all who haul.

Just a few more things to think about:                                                                                                      These regulations also apply to RV's, however they have fought it and receicved and exemption.  I know this is going to get me in trouble, but I'm just trying to make a point.  Why is it okay for an 85 year old, on the verge of a second stroke or heart attack, who hasn't taken a driving test in 70 years, to do 70 mph down the road driving a 40 something foot motorhome or pulling one and pick up trucks and horse trailers are required to have the same qualifications as a semi?  People who pull horses are typically extremely careful with their beloved cargo.  I don't know the statistics, but I would imagine there are more RV/motorhome wrecks than horse trailer wrecks, I could be wrong.  No offense everybody!

How many horses are going to have to become sick and possibly die because you are pulled over and "out of service until qualified" and the officer will not let you go on?

What if you are stopped on the way to the vet, when every second counts?

Are you aware of the fees and permits that will be necessary because of the CDL and CMV regualtions?

Does the insurance you have now cover you when you are hitched together and over the GVWR limit and in the same category as a semi, tractor/trailer driver who needs a CDL?

I have sent emails to many organizations about this issue, but I am running out of ideas.  If you have an idea or suggestion or organization you think should be aware of this issue please email me at keeponhaulin@yahoo.com include email addresses if you have them.  I appreciate all the response I have gotten so far, but it is going to take a lot more of us getting together to do anything about this issue.

Thanks again and have a safe and happy Labor Day weekend!

 

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horse nugget
Reg. Sep 2006
Posted 2007-09-06 9:19 PM (#67371 - in reply to #67029)
Subject: RE: Trouble hauling through Iowa!!(repost from trailer forum)


Member


Posts: 22

Location: Little Britain, Ontario, Canada
Howdy!
 I live in Ontario, Canada. I have drove big rigs hauling horses across both our countries. I hold a A/Z license and still on occasion haul horses other than my own.
 A few of us have been fighting the DOT up here for years. It seems that it is hard to determine how to separate the commercial horse hauler from the weekend rider or show people. We know about the RVers (known as the power of grey) who don't need anything except a full tank of fuel. We have checked and yes there is more accidents with RVers than horse people. I hope you can find people to help you find a better licensing system.
 We have a horse show in London, Ontario Called Can-Am, last spring we started an e-mail asking all persons hauling their horses there to cross the scales on HWY. 401, like they say we should, the DOT closed the scales for a week till the show was over.
 I am not sure if we are winning or not, but we feel that we must keep fighting.
Happy Trails
Ron
(Horse Nugget)
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