DOT regulations are the same for commercial vehicles in all states. I'll have to check the green book about operating a non-commercial vehicle with air brakes.
Quote:
Originally Posted by USDOT FMCSA Regulations 390.3(f)(3)
Exceptions. Unless otherwise specifically provided, the rules in this subchapter do not apply to the occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise
"This subchapter" in that text refers to what the USDOT regulations apply to. To me, this means that the USDOT rules do not apply to hobbyists. Various states have different regulations about licensing. CDL or not, etc.
I think it boils down to this - if you're not making money, the USDOT doesn't care. If you're using a surplus military vehicle for the furtherance of a commercial enterprise, that is something else entirely.
"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) Is designed to transport 16 or more passengers, including the driver; or (4) Is of any size and is used in the transportation of hazardous materials as defined in this section.
"
"By definition and GVWR it is a CMV. If you are not engaged in interstate commerce--transporting goods for hire-- then FMCSA isn't necessarily going to ask you to jump through their hoops, but be very careful with state laws pertaining to your situation."
But. if you live in Commiefornia, there's no telling what laws will change form year to year. Be careful. Seems like California is always trying to throw the hobbyist under the bus.
Keep in mind you just can't drive around in a Kenworth saying "It's just my pick up truck". The 5 ton is just as big. Wait until there is an accident with bodily injury. The insurance company will want to blame someone. A 30k truck will instantly become a commercial vehicle.
I would avoid doing that. The liability would outweigh the benefits.
I have my M915 registered to myself, however it's under the control of the business and insured that way. The IRS receives tax from the company. There is nothing liability wise that changes if it was under my name alone.
The clear difference is my truck is used by me alone as I currently have no employees however that would change it very little. However the business is listed as a soul proprietor and that may be key.
The best thing to do is talk to your accountant and insurance agent, as well as your Motor Vehicle division. Get the facts and make your own decision.
__________________
Jeremy
"I am become death, the destroyer of Worlds"
2010 Heartland Sundance
2008 F350 CC/LB 6.4L
2005 Yamaha R6 (My need for speed )
1984 M915A1 AM General
1984 M871 Southwest Truck
1984 M925 AM General W/W
1971 M35A2 AM General WO/W
1968 M105A2 Johnson
1962 M105A2 Johnson
DOT regulations are the same for commercial vehicles in all states. I'll have to check the green book about operating a non-commercial vehicle with air brakes.
No, they aren't. The federal government has a minimum set of standards that states must follow but states can and do add more regulations. What works in my state doesn't necessarily work in other states. They have been slowly trying to get a uniform set of laws for all states and it is better than it used to be. I don't think they will ever get to 100% uniform though. Politics are way different in TN than they are in CA, for instance.
"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) Is designed to transport 16 or more passengers, including the driver; or (4) Is of any size and is used in the transportation of hazardous materials as defined in this section.
"
That "used in commerce" part excludes most of us.
Quote:
Originally Posted by Blind Driver
"By definition and GVWR it is a CMV. If you are not engaged in interstate commerce--transporting goods for hire-- then FMCSA isn't necessarily going to ask you to jump through their hoops, but be very careful with state laws pertaining to your situation."
But. if you live in Commiefornia, there's no telling what laws will change form year to year. Be careful. Seems like California is always trying to throw the hobbyist under the bus.
Yeah, definitely. Since the feds don't care, its up to the individual states - And thus all advice must be specific to the state in question.
these 900 series trucks have bad transfer cases or something? I have seen a few with destroyed TC's ... I want to buy one but I'm not familiar with them at all...
Using reverse in low range can grenade the transfer case. There is a warning about this on the data plate in front of the steering wheel. I have even had trucks with cards hanging near the steering wheel warning the operator about this.
I would like to title the truck in my business name for tax & insurance reasons, but I don't have to.
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