View Single Post
3/20/14, 1:37 PM   #2
Re: Truck and Trailer requirments
JstAbvVMC
JstAbvVMC is offline
Senior Member

Join Date: Apr 2008
Posts: 272
 

There is no simple answer to your question. As a retired CA Traffic and Commercial Enforcement Officer, I can give you the information and you can decide. I know some may disagree but this is my information.

First off the USDOT rules are Federal Requirements. Any state wishing to get federal highway funds is “required” to adopt these enforcement regulations. If not the fed’s refused their federal highway funds. CA battled the fed’s for years and eventually were forced to give in or loose millions in highway funds. The catch is all states are required to adopt the rules, but there is no requirement that they are enforced.

MOST CA, and I suspect other states; commercial officers do not want to deal with the weekend warriors. In CA if it doesn’t have air brakes and is not truly “for hire” we don’t want to be bothered with you. States like Indiana where their lifeblood is racing, I would assume they turn a blind eye too.

The old myths about registering your totter as a “motor home” or putting “not for hire” on the side does not do any good under the reg’s. (see below). The issue is the use of the word “commerce” in the regulation and that is what creates room for “interpretation”. Now some states may use the theory that if you have markings on the side of your trailer then you are commercial. That may be the case, BUT it isn’t anywhere in the DOT reg’s. The DOT regulation is cut and pasted right out of the DOT law guide. In CA chances are slim to none that you will ever be stopped with decals on your trailer. I was stopped once in NM for this very thing and it took me some time to talk my way out of a citation. But that was before CA adopted the USDOT rules.

Actually my concern would be insurance issues. Many policies may not cover you in a collision as many have limitations requiring that you and the vehicle are operating legally and are properly licensed. In a crash you know any insurance company is looking for a way out of covering a claim. I would get a written letter from my agent that you and the rig are “covered”. I did that very thing when I had mine.

Good Luck,

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—
(1) Has a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater; or
(2) Has a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 pounds or more), whichever is greater; or (3) and (4) apply to busses..