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Re: Re: CDL hauling tractors.
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Posted by Brent Terry on June 27, 1999 at 15:45:43 from (206.105.206.46):
In Reply to: Re: CDL hauling tractors. posted by Bill From Ontario on June 27, 1999 at 13:03:50:
Let me step up and say I can respect Bill for his 2 cents/opinions, HOWEVER, not unlike Bill, many Commercial Motor Vehicle Enforcement Officers don't know what the law says either and tend to make laws to enforce on "their" own highways!! Also many states can have their own laws however in a Federal Court of Law regarding CMVs only DOT/FHwA regulations apply due to the laws of reprosity. In other words, if states want to be included in receiving Federal Government tax money for roads and improvements then they must conform/comply with Federal laws! Many unknowing people tend to use the excuse that they are registered as a motorhome and are therefore exempt. DOT/FHwA does not have ANY definition for a motorhome nor do they recognize that as an exemption. For example, if a motorhome is towing a concession trailer to be used to sell food at fairs/swap meets/etc. then most likely it is concidered a CMV. The only way that DOT/FHwA has juristiction over any vehicle is if it is a CMV...period! A loose definition of a CMV is "A vehicle that is used in inter-state or intra-state commerce, or is used in the furtherance of commercial enterprise" (390.5), so therefore this vehicle is in the furtherance of a business and is probably a CMV.
I know what I am talking about since all this knowledge came at great expense to us(TERRY vs STATE of NC)last year when a CMV enforcement officer on a "witch hunt" felt compelled to make his own rules and impounded our vehicle for the weekend until we could have a formal hearing on Monday to set a court date. We sued the State of North Carolina and even were awarded punitive damages from the officer. He stated that we were a business because we raced for prize money and our package was over 26000 lbs. Our defense was we were not a CMV and even though we raced for money the IRS was an authority on what a Business versus a Hobby was, and that we met all the requirements of section 390.3(f)(3) of the "little green bible" that our "officer on a mission" was charged with enforcing.
My personal opinion based off what the LAW says is that you are not concidered a CMV and therefore are not required to be subjected to CMV laws, weigh stations, Fuel Tax regulations, and etc. Before someone jumps to the chance to refute me (and I will take the challenge no matter what state we are talking about)I suggest you read everything at this link: http://mcregis.fhwa.dot.gov/regtoc.htm
including their guidance and then give me a shout. (Now let me quietly step down from my soapbox!!) Thank You
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