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CDL's and horse transport

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Last activity 2013-03-10 3:53 PM
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DLR
Reg. Jul 2004
Posted 2013-03-10 7:08 AM (#150484 - in reply to #150386)
Subject: RE: CDL's and horse transport


Veteran


Posts: 170
1002525
Location: Minnesota

You need to follow the idiots - particularly the Chief Idiot - in Washington more closely.  I have practice transportation law for more than 40 years.  In summer of 2011, Executive Order 13575 was issued that requires the Federal Motor Carrier Safety Administration to set new standards (currently in the public comment period) to reclassify farm vehicles and implements, everything from tractors to cattle haulers, including pickups trucks, as Commercial Motorized Vehicles. This would even require all farm workers to acquire a CDL or Commercial Drivers License to operate their tractors on their own land.

Some states jumped on the band wagon immediately as the “carrot” was if the states do not implement the law, they would lose federal highway funds.

This was also about the time that an Executive Order was issued to keep all “dust” within the boundaries of your own land – even for farmers.

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Jaas
Reg. Mar 2009
Posted 2013-03-10 1:17 PM (#150488 - in reply to #150386)
Subject: RE: CDL's and horse transport


Regular


Posts: 83
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Sad to say but not worth my time to fight $150 fine...one tank of gas.

That's what DOT officer told me: unless I'm hauling beer for delivery or have a bus full of passengers with their beer, it cannot be anywhere in truck/trailer.

392.5   Alcohol prohibition. top

(a) No driver shall—

(1) Use alcohol, as defined in §382.107 of this subchapter, or be under the influence of alcohol, within 4 hours before going on duty or operating, or having physical control of, a commercial motor vehicle; or

(2) Use alcohol, be under the influence of alcohol, or have any measured alcohol concentration or detected presence of alcohol, while on duty, or operating, or in physical control of a commercial motor vehicle; or

(3) Be on duty or operate a commercial motor vehicle while the driver possesses wine of not less than one-half of one per centum of alcohol by volume, beer as defined in 26 U.S.C. 5052(a), of the Internal Revenue Code of 1954, and distilled spirits as defined in section 5002(a)(8), of such Code. However, this does not apply to possession of wine, beer, or distilled spirits which are:

(i) Manifested and transported as part of a shipment; or

(ii) Possessed or used by bus passengers.

(b) No motor carrier shall require or permit a driver to—

(1) Violate any provision of paragraph (a) of this section; or

(2) Be on duty or operate a commercial motor vehicle if, by the driver's general appearance or conduct or by other substantiating evidence, the driver appears to have used alcohol within the preceding four hours.

(c) Any driver who is found to be in violation of the provisons of paragraph (a) or (b) of this section shall be placed out-of-service immediately for a period of 24 hours.

(1) The 24-hour out-of-service period will commence upon issuance of an out-of-service order.

(2) No driver shall violate the terms of an out-of-service order issued under this section.

(d) Any driver who is issued an out-of-service order under this section shall:

(1) Report such issuance to his/her employer within 24 hours; and

(2) Report such issuance to a State official, designated by the State which issued his/her driver's license, within 30 days unless the driver chooses to request a review of the order. In this case, the driver shall report the order to the State official within 30 days of an affirmation of the order by either the Division Administrator or State Director for the geographical area or the Administrator.

(e) Any driver who is subject to an out-of-service order under this section may petition for review of that order by submitting a petition for review in writing within 10 days of the issuance of the order to the Division Administrator or State Director for the geographical area in which the order was issued. The Division Administrator or State Director may affirm or reverse the order. Any driver adversely affected by such order of the Regional Director of Motor Carriers may petition the Administrator for review in accordance with 49 CFR 386.13.

(49 U.S.C. 304, 1655; 49 CFR 1.48(b) and 301.60)

[47 FR 47837, Oct. 28, 1982, as amended at 52 FR 27201, July 20, 1987; 59 FR 7515, Feb. 15, 1994; 61 FR 9567, Mar. 8, 1996]

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PaulChristenson
Reg. Jan 2007
Posted 2013-03-10 3:49 PM (#150490 - in reply to #150484)
Subject: RE: CDL's and horse transport


Expert


Posts: 3853
200010005001001001002525
Location: Vermont
Originally written by DLR on 2013-03-10 7:08 AM

You need to follow the idiots - particularly the Chief Idiot - in Washington more closely.  I have practice transportation law for more than 40 years.  In summer of 2011, Executive Order 13575 was issued that requires the Federal Motor Carrier Safety Administration to set new standards (currently in the public comment period) to reclassify farm vehicles and implements, everything from tractors to cattle haulers, including pickups trucks, as Commercial Motorized Vehicles. This would even require all farm workers to acquire a CDL or Commercial Drivers License to operate their tractors on their own land.

Some states jumped on the band wagon immediately as the “carrot” was if the states do not implement the law, they would lose federal highway funds.

This was also about the time that an Executive Order was issued to keep all “dust” within the boundaries of your own land – even for farmers.



Huh?
This is Executive Order 13575
http://www.gpo.gov/fdsys/pkg/DCPD-201100431/pdf/DCPD-201100431.pdf
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PaulChristenson
Reg. Jan 2007
Posted 2013-03-10 3:53 PM (#150491 - in reply to #150488)
Subject: RE: CDL's and horse transport


Expert


Posts: 3853
200010005001001001002525
Location: Vermont
Originally written by Jaas on 2013-03-10 1:17 PM

Sad to say but not worth my time to fight $150 fine...one tank of gas.

That's what DOT officer told me: unless I'm hauling beer for delivery or have a bus full of passengers with their beer, it cannot be anywhere in truck/trailer.

392.5   Alcohol prohibition. top

(a) No driver shall—

(1) Use alcohol, as defined in §382.107 of this subchapter, or be under the influence of alcohol, within 4 hours before going on duty or operating, or having physical control of, a commercial motor vehicle; or

(2) Use alcohol, be under the influence of alcohol, or have any measured alcohol concentration or detected presence of alcohol, while on duty, or operating, or in physical control of a commercial motor vehicle; or

(3) Be on duty or operate a commercial motor vehicle while the driver possesses wine of not less than one-half of one per centum of alcohol by volume, beer as defined in 26 U.S.C. 5052(a), of the Internal Revenue Code of 1954, and distilled spirits as defined in section 5002(a)(8), of such Code. However, this does not apply to possession of wine, beer, or distilled spirits which are:

(i) Manifested and transported as part of a shipment; or

(ii) Possessed or used by bus passengers.

(b) No motor carrier shall require or permit a driver to—

(1) Violate any provision of paragraph (a) of this section; or

(2) Be on duty or operate a commercial motor vehicle if, by the driver's general appearance or conduct or by other substantiating evidence, the driver appears to have used alcohol within the preceding four hours.

(c) Any driver who is found to be in violation of the provisons of paragraph (a) or (b) of this section shall be placed out-of-service immediately for a period of 24 hours.

(1) The 24-hour out-of-service period will commence upon issuance of an out-of-service order.

(2) No driver shall violate the terms of an out-of-service order issued under this section.

(d) Any driver who is issued an out-of-service order under this section shall:

(1) Report such issuance to his/her employer within 24 hours; and

(2) Report such issuance to a State official, designated by the State which issued his/her driver's license, within 30 days unless the driver chooses to request a review of the order. In this case, the driver shall report the order to the State official within 30 days of an affirmation of the order by either the Division Administrator or State Director for the geographical area or the Administrator.

(e) Any driver who is subject to an out-of-service order under this section may petition for review of that order by submitting a petition for review in writing within 10 days of the issuance of the order to the Division Administrator or State Director for the geographical area in which the order was issued. The Division Administrator or State Director may affirm or reverse the order. Any driver adversely affected by such order of the Regional Director of Motor Carriers may petition the Administrator for review in accordance with 49 CFR 386.13.

(49 U.S.C. 304, 1655; 49 CFR 1.48(b) and 301.60)

[47 FR 47837, Oct. 28, 1982, as amended at 52 FR 27201, July 20, 1987; 59 FR 7515, Feb. 15, 1994; 61 FR 9567, Mar. 8, 1996]

Yes...it is the definition of possession that is the issue...in the back of your truck is not in possession according to our attorney...:(
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