Posted 2007-08-31 2:26 PM (#66931 - in reply to #66930) Subject: RE: Trouble hauling through Iowa
Regular
Posts: 92 Location: iowa
It would not benefit any of us who pull trailers if the story I told was a lie or if I omitted any details. That is exactly what happened. Hook up your trailer and go for a drive down I-29 through Hamilton county and see what happens to you.
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You kinda lost me on this one with your wording...what exactly happened, that you omitted details or do you mean what you posted at the beginning is 'what happened'? All I was saying was that only you and the trooper know all the details that we can't assume to know, so there's no way we can know who said/did what and why. So I'm not sure what your post is trying to say. I'm an honest person and don't like to lie, but if saying that I'm headed home from trail riding and not that I just won $10 at the ranch rodeo saves me from getting a bunch of CDL-related tickets, that's what I'm gonna do. But, if you're hauling for profit or as a business in any sort of way and try to hide that, yes that would not be a good idea.
Posted 2007-08-31 3:08 PM (#66933 - in reply to #66931) Subject: RE: Trouble hauling through Iowa
Member
Posts: 38 Location: texas
All I am trying to say is that, that is exactly what happened. The officer asked the typical questions, who owns the vehicle, where are you going, where have you been. Unfortunatly, I was unaware by answering that I had been at a horse show that would qualify me as commercial. However, I had already received the commercial violations and citations before he asked me where I had been. He also wanted to know how money was made by showing horses, I said it wasn't. He did not ask about prize money or "intent to profit". He also wanted to know a business name, we don't have one. He used my name and "farms" after it under the motor carrier name. As I stated before I was cited for three of the 12 violations, I should clarify which ones. The three include: no drivers record of duty status, not marked in accordance with regulations and not licensed for type of vehicle being operated. Some violations were for CMV and some for no CDL and somehow those over lap.
As far as saying you are coming home from a trail ride that may not save from the commecial violations because it is up to the discretion officer to decide if you are "intending to profit" or involved in commerce. Also if you are towing a trailer with a GVWR over 10,001lbs for a total combined GVWR over 26,001lbs. you are still in violation of driving without a CDL. I guess what it really somes down to is that you can have a perfectly legal truck and perfectly legal trailer and somehow when you hitch that two together they become illegal based on the potential weight and possible opinion of an officer. It is a grey area issue that needs to be cleared up preferably with an exemption like the one the RVers have rallied for and received.
I hope this clears up some of the questions you have about the circumstances of my experience, if not please feel free to ask. As this does involve ALL who haul, for whatever reasons, to and from whatever place in ALL the states, I want to be as much help and receive as much feedback as possible so we can try to resolve this issue.
Posted 2007-08-31 3:18 PM (#66936 - in reply to #66933) Subject: RE: Trouble hauling through Iowa
Regular
Posts: 92 Location: iowa
Keeponhaulin - Thanks for clarifying. You are being very civil and calm while sharing your experience - I don't think everyone would be. I look forward to the day that the laws make sense so we are at least aware what is expected of us.
Posted 2007-08-31 3:40 PM (#66937 - in reply to #66936) Subject: RE: Trouble hauling through Iowa
Member
Posts: 38 Location: texas
Thank you for your support as well Rick. Some other thoughs have come to mind though. Does it not seem that if you legal vehicles become illegal after hitching them together, and being over the weight limitations, that your insurance would no longer be valid? How many of our beloved animals have to get sick or die on the side of the road because you are "out of service until qualified" and cannot go on? What if you have a vet emergency, such as colic, and are pulled over when every second counts? How can the trailer companies allow you to leave their lots with out being qualified to drive what they just sold you? The broad spectrum of this issue is going to effect more than just those going to/from a show or race or the trainer or breeding farm.
Posted 2007-08-31 4:01 PM (#66939 - in reply to #66684) Subject: RE: Trouble hauling through Iowa
Expert
Posts: 3853 Location: Vermont
It just keeps getting better...
MONTPELIER — In a sharply divided decision, the Vermont Supreme Court has upheld the right of police to pull over drivers whom they suspect are impaired, even if those motorists aren’t driving erratically or breaking any traffic laws.
Posted 2007-08-31 5:04 PM (#66947 - in reply to #66684) Subject: RE: Trouble hauling through Iowa
Member
Posts: 12
Location: Sanhills, Nebraska
Hosspuller........you are right about the officer having no right to know where you are going. Quite frankly when he asks you can tell him "None of your business". It would fall under the 5th amendment of the constitution. The only problem with that is if you have any violations you have just "flunked" the attitude test and are getting a ticket, no warnings for sure.
Posted 2007-08-31 10:29 PM (#66970 - in reply to #66684) Subject: RE: Trouble hauling through Iowa
Veteran
Posts: 246 Location: Northern IN.
I agree whole heartedly, however back to the point that comrad rope14u brought up, most of us "normal workin' folks" don't have the extra money layin' around to pay the 3 or 4 citations that we are getting, let alone "bucking up" to Mr. Super Trooper who gets an instant attitude that someone dares to challenge his authority, (even if we are right) now we suddenly have 8 beautifull citations to admire on our way to the next "checkpoint". Just aint no doubt that its a real tough situation to be in, 'specially when you are far from home our out of state. Talk to y'all later...
Posted 2007-09-01 11:35 AM (#66994 - in reply to #66684) Subject: RE: Trouble hauling through Iowa
Regular
Posts: 51 Location: Grundy Center, IA
As for anyone from Iowa getting ticketed, the Iowa DOT has been cracking down on these type of rigs now for about 2 years or so, and they don't seem to care if it's an out of state rig or not. I personally know of 3 different people from Iowa that have been stopped and ticketed.
Main Entry: com·merce Function: noun 1: the exchange or buying and selling of goods, commodities, property, or services esp. on a large scale and involving transportation from place to place
Thanks for providing that defination and information,altho I already know what commerce means.
Posted 2007-09-02 9:24 AM (#67019 - in reply to #67003) Subject: RE: Trouble hauling through Iowa
Extreme Veteran
Posts: 316 Location: Illinois
Originally written by crowleysridgegirl on 2007-09-01 12:56 PM
Originally written by rose on 2007-09-01 12:09 PM
But why is Iowa doing this?
That's easy.PM'd you.
It's a secret? Or are you worried they're gonna come find you?
I'm figuring it's on the lines of 'Because they can.' and they want to see how it pans out in court. If nothing else, it's job security for the legal system.
Posted 2007-09-02 9:29 AM (#67020 - in reply to #67019) Subject: RE: Trouble hauling through Iowa
Expert
Posts: 2614
Yes Mam,I consider it a secret,but not because I'm worried anybody is going to come find me,because,I haven't DONE anything.
It's because my comment was not very flattering and some would be offended,and because I'm fed up with people on here that flame everybody when they are commenting on situations and giving honest opinions on this forum,is why.
I'll be more than happy to PM the comment to you,also.
Posted 2007-09-02 11:33 AM (#67025 - in reply to #66684) Subject: RE: Trouble hauling through Iowa
Member
Posts: 38 Location: texas
Happy Labor Day weekend everybody!! Just wanted to remind some of you that these regulations are FEDERAL, which means they are superior to the states laws. Check the FMCSA, FMCSR and DOT websites for full regulations. Also, in Texas they have just passed a law/regulation that all truck drivers must speak English. Not that that is a bad idea, but it is just another regulation. Another thing is, starting on September 29, 2007 more regulations will enforced in more areas. This is according to the FMCSA that is why it sounds so screwy. Just because you have not been stopped before or have not heard of these regulations or think that you are not doing anything wrong does not mean it cannot happen to you. These regulations have been on the books for about 20 years. I believe the FMCSA has them down from about 1985. It is up to the individuals to educate themselves hopefully before getting a ticket(s). What we really need to do is get together, start a campaign and get an exemption like the RVers have done before it is impossible to haul your horse to the vet. I have send out alot of emails and had very little response(hopefully just because it is labor day weekend) if there is a organization that you think needs this information or you would like to be on my email list please send you comments, suggestions or any email addresses of organzations you are affiliated with to keeponhaulin@yahoo.com.
Thank you again, remember the power will be in the number of people we can get together,
keeponhaulin
I put up a post on the horse forum as well. Basically all the same information, I am a little calmer now than I was when I wrote the posting for this forum, so it is a bit more organized. I didn't know how many of you crossed over to the horse forum and figured everybody could use the information.
Companies that operate commercial vehicles transporting passengers or hauling cargo in interstate commerce must be registered with the FMCSA and must have a USDOT Number. Also, commercial intrastate hazardous materials carriers who haul quantities requiring a safety permit must register for a USDOT Number. The USDOT Number serves as a unique identifier when collecting and monitoring a company’s safety information acquired during audits, compliance reviews, crash investigations, and inspections.
New-Entrant Program All first-time carrier applicants for a USDOT Number will be automatically enrolled in the FMCSA New Entrant Safety Assurance Program. This program requires new entrants to pass a safety audit and maintain acceptable roadside safety performance over an initial 18-month period before they are given permanent registration status. In most cases, companies operating exclusively as brokers or non-vehicle-operating shippers or freight forwarders do not need to obtain a USDOT Number.
Posted 2007-09-02 1:21 PM (#67031 - in reply to #67025) Subject: RE: Trouble hauling through Iowa
Expert
Posts: 2614
Yes,as keeponhaulin has said,we need to get together and stick together,and present a united front to those law makers/enforcers trying to stick it to horse hobbyists trying to pursue recreational activities other than running drugs,which they need to be more concerned about.Rather than concentrating on a horse trailer headed across the state.Coming from a recreational activity such as horse showing or roping or whatever.
If enough people stand up and holler about something,it's going to get noticed.Don't just lay down and let them run over us and let them strip away yet another freedom like they have slowly done with other freedoms.Such as: the USDA's National Animal ID System,a crock of crap.
I think the senators and representatives of these states need to know that horse enthusists aren't going to put up with it.If we have an organization or organizations with clout behind us,it can make a difference.
Posted 2007-09-02 1:23 PM (#67032 - in reply to #67030) Subject: RE: Trouble hauling through Iowa
Expert
Posts: 2614
HA HA,notice Arkansas on this map.I knew it all the time.
If they did,then their DOT officers were seriously lazy due to the amount/kinds of stuff I see being hauled around here on every kind of flatbed trailer you can imagine,pulled by every kind of pulling machine imaginable.
Posted 2007-09-02 4:11 PM (#67037 - in reply to #66684) Subject: RE: Trouble hauling through Iowa
Member
Posts: 38 Location: texas
I need everyone's help with this and I'm gonna make easy for you. Listed below are some of the organizations I have sent an email to. Please, please send them an email with your concerns or stories about the regulation issue. If I've missed one let me know!
Trouble hauling through Iowa
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