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Trouble hauling through Iowa
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dblhocker
Reg. Jan 2006
Posted 2007-08-29 1:29 PM (#66741 - in reply to #66684)
Subject: RE: Trouble hauling through Iowa


Regular


Posts: 51
2525
Location: Grundy Center, IA
I agree with you, crowleysridgegirl,  that this should be clarified on a national scale.  But I think the strength comes in numbers, and it should be from the American Horse Council, the breed associations, the trail ride associations,  as well as from the new association of horse trailer manufacturers combining their efforts showing the number of people that this affects.  The RV industry has been very vocal and presented a united front to get the law exemptions changed on their behalf, and the horse industry needs to do the same.  And it's not just the horse industry, it's also those who pull the race car trailers and others that are in the same boat. 
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Yvette
Reg. Jul 2006
Posted 2007-08-29 2:19 PM (#66742 - in reply to #66684)
Subject: RE: Trouble hauling through Iowa



Extreme Veteran


Posts: 316
100100100
Location: Illinois
Perhaps try confusing them by putting Not For Hire on truck and trailer in big letters. If nothing else, they might not know what to do with that??

Certainly doesn't make one want to travel to Iowa anytime soon if they are looking for out-of-staters for extra revenue.
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crowleysridgegirl
Reg. Apr 2005
Posted 2007-08-29 4:15 PM (#66747 - in reply to #66741)
Subject: RE: Trouble hauling through Iowa


Expert


Posts: 2614
2000500100

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.

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Rich M.
Reg. Sep 2005
Posted 2007-08-29 7:18 PM (#66759 - in reply to #66684)
Subject: RE: Trouble hauling through Iowa


Veteran


Posts: 235
10010025
Location: Keymar,Maryland
If you are legal in your registered / licensed state ( not stretching , bending , skirting things, you know what I'm talking about) next time just say let's skip all this, stick out your wrists and say take my arse in, call a wrecker for the truck and trailer, you take care of my horses and I want to see the magistrate TODAY !. Rich.
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Longrider
Reg. Oct 2004
Posted 2007-08-29 7:40 PM (#66763 - in reply to #66684)
Subject: RE: Trouble hauling through Iowa


Extreme Veteran


Posts: 335
10010010025
Location: Decatur, Texas
Why not start a contact campaign with the Secretary of Transportation, Mary E. Peters, who is over the DOT and  the FMCSA?  Call, write, e-mail, etc. with all the gripes.  Let them know how unhappy we the horsepeople are with their lack of policy translation at the state levels pertaining to the laws in force.  Somewhere I can see a clerk being inundated by a superior wanting to get facts as to what is happening to the traveling public taxpayer.  Just My Thoughts.
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keeponhaulin'
Reg. Aug 2007
Posted 2007-08-29 7:56 PM (#66765 - in reply to #66715)
Subject: RE: Trouble hauling through Iowa


Member


Posts: 38
25
Location: texas
Just to let you know I thought I was perfectly legal in Texas.  Everything is registered, inspected, tagged, insured the whole bit.  However, I looked up the Texas Dept of Motor Safety license dept. and discovered this. A Class A drivers license(CDL) is required for "any combination of vehicles with a GVWR of 26,001lbs or more lbs provided the GVWR of the towed vehicle is in excess of 10,000lbs.  So even though my vehicles are legal seperately, when I'm hitched up I becopme illegal.  Go figure.  A Class C drivers license can tow anything under a 10000lbs GVWR.  But what the real problem is that this is a FEDERAL issue, which overrides the states regulation.

Edited by keeponhaulin' 2007-08-29 8:07 PM
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rose
Reg. Feb 2004
Posted 2007-08-29 8:41 PM (#66774 - in reply to #66684)
Subject: RE: Trouble hauling through Iowa




10005001002525
Location: KY

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.

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rose
Reg. Feb 2004
Posted 2007-08-29 9:09 PM (#66777 - in reply to #66684)
Subject: RE: Trouble hauling through Iowa




10005001002525
Location: KY

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:

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

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

          (CIs 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;

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

                (iVehicles 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;

                (iiVehicles 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;

                (iiiVehicles 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;

                (ivVehicles designed and used primarily as recreational vehicles as defined in this section; and

                (vVehicles 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

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farmbabe
Reg. Nov 2003
Posted 2007-08-29 9:20 PM (#66780 - in reply to #66684)
Subject: RE: Trouble hauling through Iowa


Expert


Posts: 1723
1000500100100
Location: michigan
I have traveled several states and have never pulled into a weigh station nor have I been requested to do so. I have never been pulled over for any reason ( with the trailer I mean)But this was not out west...maybe cops out yonder are bored>
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rose
Reg. Feb 2004
Posted 2007-08-29 9:31 PM (#66787 - in reply to #66684)
Subject: RE: Trouble hauling through Iowa




10005001002525
Location: KY

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]]
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rose
Reg. Feb 2004
Posted 2007-08-29 9:33 PM (#66788 - in reply to #66684)
Subject: RE: Trouble hauling through Iowa




10005001002525
Location: KY
[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]]
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rose
Reg. Feb 2004
Posted 2007-08-29 9:36 PM (#66789 - in reply to #66684)
Subject: RE: Trouble hauling through Iowa




10005001002525
Location: KY

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

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bobtaildog
Reg. Mar 2004
Posted 2007-08-29 9:42 PM (#66791 - in reply to #66684)
Subject: RE: Trouble hauling through Iowa


Regular


Posts: 71
2525
Location: Franklin, TN
I have a trip planned in the near future to South Dakota. Based on this string, I will go from Missouri to Nebraska to S. Dakota....eliminating the I-29 stretch from Missouri to Sioux City. I'm not over the limit or illegal in any way but once they pull you over...you're at their mercy. Funny they don't seem to be interested in health certificates for the animals...just rig violations.
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memory
Reg. Jul 2007
Posted 2007-08-29 10:06 PM (#66793 - in reply to #66684)
Subject: RE: Trouble hauling through Iowa


Veteran


Posts: 153
1002525
Location: Iowa

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?

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loveduffy
Reg. Feb 2006
Posted 2007-08-29 10:40 PM (#66796 - in reply to #66793)
Subject: RE: Trouble hauling through Iowa



Expert


Posts: 1871
10005001001001002525
Location: NY

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  

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keeponhaulin'
Reg. Aug 2007
Posted 2007-08-29 10:43 PM (#66798 - in reply to #66684)
Subject: RE: Trouble hauling through Iowa


Member


Posts: 38
25
Location: texas

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.

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Too L Ranch
Reg. Jul 2006
Posted 2007-08-29 11:12 PM (#66801 - in reply to #66684)
Subject: RE: Trouble hauling through Iowa


Regular


Posts: 70
2525
Location: Northern, CA
Sorry you had all the problems. Yes, it is a hassle, and yes, the fines are huge. But, it's just, unfortunately, a part of driving a truck/trailer. The sad thing is that most people are unaware of the laws, until they get pulled over. We used to use the farm exclusion clause, which states if you are within 150 miles of your base, you are legal. On occasion, we used the argument that our base was another one of our ranch properties, not the home ranch. It flew, but we knew we were treading on thin ice. Decided we might as well get legal. We haul interstate quite a bit, and do get stopped. In researching the law, we discovered that we needed to keep total weight below 26,000lbs and the tow vehicle below 10,000lbs, and trailer not more than 15,000lbs (no it doesn't add up, but thems the rules). Under those guidelines we still are required to have a trailer endorsement on our licenses. The endorsement requires taking the commercial test, but no medical papers rqd, and no increase in licensing fees. That done, we are legal to haul in any state, because we are legal in ours. Since we did that I have been stopped out of state. Upon presenting all the appropriate paperwork (coggins/health papers, brand inspection , and license with trailer endorsement) the highway patrolman thanked me for having everything in order and complimented me for having the correct license. In our state (CA), the same endorsement is required by the RVers. So, the state is not picking on the horse people, the same rules apply to everyone.
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PaulChristenson
Reg. Jan 2007
Posted 2007-08-30 12:17 AM (#66817 - in reply to #66774)
Subject: RE: Trouble hauling through Iowa


Expert


Posts: 3853
200010005001001001002525
Location: Vermont
Originally written by rose on 2007-08-29 9:41 PM

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 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...

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crowleysridgegirl
Reg. Apr 2005
Posted 2007-08-30 12:23 AM (#66818 - in reply to #66684)
Subject: RE: Trouble hauling through Iowa


Expert


Posts: 2614
2000500100

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.???

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PaulChristenson
Reg. Jan 2007
Posted 2007-08-30 12:28 AM (#66819 - in reply to #66684)
Subject: RE: Trouble hauling through Iowa


Expert


Posts: 3853
200010005001001001002525
Location: Vermont

Keeponhaulin' the following would be your defence...unless you had big logos on your truck and trailer...

Recreational Vehicles

Drivers of recreational vehicles used for personal or family purposes may also

qualify for an exception to the commercial driver’s license, provided all of the

following conditions are met.

• the vehicle is not used for any commercial purpose; and

• the power unit towing a travel trailer or fifth-wheel travel trailer has a

GVWR of 26,000 pounds or less.

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PaulChristenson
Reg. Jan 2007
Posted 2007-08-30 12:37 AM (#66820 - in reply to #66818)
Subject: RE: Trouble hauling through Iowa


Expert


Posts: 3853
200010005001001001002525
Location: Vermont
Originally written by crowleysridgegirl on 2007-08-30 1:23 AM

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...

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headhunter
Reg. Oct 2004
Posted 2007-08-30 9:01 AM (#66829 - in reply to #66684)
Subject: RE: Trouble hauling through Iowa



Elite Veteran


Posts: 736
50010010025
Location: Western WA
I would think complaining to the Iowa Chamber of Tourism and Iowa Chamber of Commerce might be effective.  They want to encourage travel, traffic, and spending in their state. 
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rick
Reg. Feb 2004
Posted 2007-08-30 11:14 AM (#66836 - in reply to #66684)
Subject: RE: Trouble hauling through Iowa


Regular


Posts: 92
252525
Location: iowa
I sure would like to reply to this e-mail. You were stopped and inspected because you fall under the Federal DOT requirements. Let me try and explain- you were traveling to a horse shoe so you could try and win money and prizes. This would then make the horses that you raise, train and sell more valuable making this trip a part of your business. This was not just a simple "lets go for a horse ride with friends" but this was a business venture to ultimately make you money. You were only on the side of the road (both of you) for less than an hour and due to the heat, you were allowed to continue on. The 1st gentleman stated that he used to have a semi but didn't want to pay the fees/permits required so these types of vehicles were purchased. Last but not least, their was no road block put up for horse trailers. I don't know where people come up with this stuff...
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keeponhaulin'
Reg. Aug 2007
Posted 2007-08-30 11:57 AM (#66838 - in reply to #66684)
Subject: RE: Trouble hauling through Iowa


Member


Posts: 38
25
Location: texas

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.

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retento
Reg. Aug 2004
Posted 2007-08-30 12:11 PM (#66839 - in reply to #66684)
Subject: RE: Trouble hauling through Iowa


Expert


Posts: 3802
20001000500100100100
Location: Rocky Mount N.C.
How did this page get to be 18' wide? Ya'll need to bunch up your posts!
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