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Trailer enforcement warning (or, your government $ at work) (a bit long)

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Old 07-14-2008, 03:18 PM
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RickBetterley
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Default Trailer enforcement warning (or, your government $ at work) (a bit long)

Well, on Thursday I am trailering (safely and not exceeding speed limits) home from LCMT and get pulled over by a Dept of Motor Vehicles enforcement officer who informs me that I am in violation of all kinds of commercial vehicle regulations. Upshot of it is that, although fines and penalties are waived, I ( and my 16 year old son and his friend) have to park it for 10 hours before we can continue home. Which is still 5 hours away. Its now 2:30 PM.
If you trailer your car, you may want to read this.
BACKGROUND
I drive an F-350 duallie with a 24' enclosed trailer. Truck is owned by my company, which is not in anything remotely like a commercial trucking business. I borrow it occasionally for personal use, like hauling the trailer.
Trailer and car are owned personally.
Both truck and trailer have a small Betterley Risk Consultants sign on each flank, and car has similar sponsorship signage. I am a boy racer at heart.
WHAT HAPPENED
I am pulled over in broad daylight for a safety inspection and told:
1) I am supposed to have a U.S. DOT number on the truck and display my motor carrier name (huh? what motor carrier?) - I don't
2) I am required to have a driver log that records my hours of driving - I don't
3) I am required to have a driver's medical examiner's certificate - I don't
4) I am supposed to have a Commercial Motor Vehicle inspection - (you are right, I don't)
5) I am supposed to have a CMV trailer inspection - (again...)
6) I have a clearance light out (good to know), no fire extinguisher in truck, and only have 1 (out of 3) emergency warning devices in the truck.
7) I will have to stop at all of the truck inspection stations that we now drive by along the highway, thinking we are not real truckers.
Inspector is really nice about it, and I get off with a warning BUT we have to sit for 10 hours or get another driver (no, my son is not yet ready to drive the rig).
WHAT I DID
I plead, beg, and ask forgiveness, but this DOT driver log is a no wiggle room regulation (which I appreciate - who wants tired truckers out on the highway - but hey, I'm only 3 hours out and have 5 hours to go).
I point out that we are safer driving in the daylight than we are in waiting until 12:30 AM and then driving home.
Nope; time out for you; go sit in the corner.
So, the boys and I made the best of it. Including peeling off those damn signs.
WHAT I LEARNED
We were told that the signage made us a commercial vehicle; never would have noticed us if there wasn't a commercial name (sponsor) on the truck/trailer.
I spoke with VT DOT today to learn more, and found the following:
1) Signage puts us into the commercial category; take them off and you are probably OK. Its a gray area; it can be argued we are subject to DOT # requirements (see long list above for just a hint of what we would be getting into) but without signage unlikely to be a problem.
2) Many states are training their enforcement folks to watch for people hauling sponsored race cars and citing them for violation of these DOT regulations AND EVEN SETTING UP WATCH STATIONS NEAR RACE TRACKS to catch us.
3) Since the car has a few sponsorship logos on it, I am still commercial but with an enclosed trailer, not visible so probably OK. Hmm, if I have an open trailer, then I may still be in trouble. Gross Vehicle Weight is an issue; maybe an SUV and a Trailex wouldn't weigh enough to trip the reg, but I am not sure about that (10,001 lbs. total may be the limit).
Now, I am all for safety efforts, but this is just nuts. How am I in the same category as a commercial trucker?
Sheesh - but we got home OK and had a good laugh.
Yes, my wife informed me that I outsmarted myself (again).
But seriously, it seems as though a lot of us are subject to this DOT stuff when we are just hauling our personal car to the track.
Can someone with more experience than me offer up some definitive info and advice?
Old 07-14-2008, 03:31 PM
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BrianKeithSmith
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Hey Rick.

How many people jumped the border while you wrote that?

That sucks man. Sorry you went through that. Really doesn't make sense...
Old 07-14-2008, 03:31 PM
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smankow
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would a "NOT FOR HIRE" sign on the truck and trailer make a difference?
Old 07-14-2008, 03:34 PM
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NCporsche
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If you had a driver's log, would the LEO have let you continue your journey w/o the 10 hour delay?

Now I'm concerned about trailering the horses (15,000#s trailer and livestock) with the Stable's website on the truck.

Becca and I were just talking about this yesterday coming back from the VA mountains with the horses in tow. We passed a weigh station and noticed a truck with enclosed trailer stopping. He later passed us and noticed race decals on the trailer. We both wondered why he stopped. Your post may have answered the question.
Old 07-14-2008, 03:34 PM
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Bill N
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And I thought it was we Canadians who were supposed to have the nanny state...eh???
Old 07-14-2008, 03:35 PM
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Geoffrey
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What were the three emergency warning devices that you are required to have?

I know that if you carry a Nitrogen tank you need a DOT hazardous material certification that the weldign shop provides. I carry that with me.
Old 07-14-2008, 03:38 PM
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DarkSideDE
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Maybe that is why many have "Privately Owned, Not for Hire" signs on their trailers. (I always wondered about that.)

To add to it - I once had a car that I put a magazine name on that car and had fun driving it around. I learned that had I been in an accident my insurance would not have covered it - because the magazine's name on it made it a "commercial" vehicle.

You sound like you were hit with that but only heavier... glad you got home safely.
Old 07-14-2008, 03:43 PM
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MTosi
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You are such a menace to society who ever let you out onto the open road with that run down unmaintained trailer and truck....




Have to love our .gov/tax dollars at work harassing the general populous, then again I suppose they have to perpetuate their own existence.....

Anyway back on topic.... as he mentioned, where you went wrong was putting the "sponsor" on the side of the trailer. The second you are "making money" or accepting money from a business the operation becomes commercial. They had an entire article on this very subject in NKN (National Karting News). I'll have to dig around and find it and bring it over sometime, it explained it alot better than I can.
Old 07-14-2008, 03:51 PM
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RickBetterley
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Originally Posted by MTosi
Anyway back on topic.... as he mentioned, where you went wrong was putting the "sponsor" on the side of the trailer. The second you are "making money" or accepting money from a business the operation becomes commercial. They had an entire article on this very subject in NKN (National Karting News). I'll have to dig around and find it and bring it over sometime, it explained it alot better than I can.
Hey Mike
You know what I hate? being corrected by a young guy (who happens to know what he is talking about).
I would like to see that article; thanks.
The weird thing of course is that I own all of these things so I didn't consider that I was arms length as to company and trailer/car.
Old 07-14-2008, 03:52 PM
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RickBetterley
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Originally Posted by NCporsche
If you had a driver's log, would the LEO have let you continue your journey w/o the 10 hour delay?

Now I'm concerned about trailering the horses (15,000#s trailer and livestock) with the Stable's website on the truck.

Becca and I were just talking about this yesterday coming back from the VA mountains with the horses in tow. We passed a weigh station and noticed a truck with enclosed trailer stopping. He later passed us and noticed race decals on the trailer. We both wondered why he stopped. Your post may have answered the question.
Wow - 2 expensive hobbies. You are a glutton!
I believe you are correct about the log.
Old 07-14-2008, 03:53 PM
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Bailey-86-MA
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When I contacted my insurance agent after buying my 24" enclosed trailer a few years ago he told me not to put signage on it else I become commercial and subject to all that Rick mentioned. I'm glad I listened.

The three safety devices which I needed to purchase when I first had my dually inspected were reflective triangles, fire extinguisher and a set of wheel chocks. My understanding, in MA anyway, is that this is required for vehicles over 10000# GVW.
Old 07-14-2008, 03:53 PM
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RickBetterley
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Originally Posted by Bill N
And I thought it was we Canadians who were supposed to have the nanny state...eh???
Jeez, I thought we were friends...
Old 07-14-2008, 03:54 PM
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John H
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I got pulled over in FL on my way to Sebring after blowing by a weigh station. I got quizzed about what was in the trailer, whether or not I was commercial etc. Luckily, my truck is in my name. Not sure about the trailer although I think it is too. He was cool but did measure me to see if I was less than 65 feet long (IIRC). I was two feet short.

It's hard to beat the system anymore. I just titled the truck in my name and took the hit on depreciation rather than deal with the PITA it would be to have a commercial truck and trailer (higher cost of insurance and higher limits etc).

I got pulled over on my way to Mid-Ohio and learned that my truck and trailer must obey the 55 mph speed limit. I thought the 55 mph only dealt with commercial vehicles. I was pleading, "but I've taken great pains not to be commercial". It is all about the weight not commercial v. non-commercial. This was news to me, as I never really read the sign closely. I told the cop, as he was explaining the ticket to me for 72 in a 55 that I've unknowingly been speeding everywhere I have been going for the last two years.

I knew that putting a name or really much of anything on the side of either vehicle (tow or trailer) was a big red flag. I keep thinking I should put NOT FOR HIRE on the side of the trailer just to be sure.
Old 07-14-2008, 03:55 PM
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RickBetterley
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Originally Posted by Geoffrey
What were the three emergency warning devices that you are required to have?

I know that if you carry a Nitrogen tank you need a DOT hazardous material certification that the weldign shop provides. I carry that with me.
Flares or triangles (or maybe a combination of the 2).
Interestingly he looked at the nitro tank and that wasn't a problem except for the lack of a placard.
Driving to the track in a street car is looking better all the time...
Old 07-14-2008, 04:21 PM
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Bob Rouleau

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Rick - now you know why I track a street legal car. BTDT have the shirts with the holes in the back.


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