nk14zp
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opcorn:opcorn:opcorn:opcorn:opcorn:opcorn:opcorn:opcorn:opcorn:opcorn:-
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Just got a ticket need help!
- Thread starter ncduece
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opcorn:opcorn:opcorn:opcorn:opcorn:opcorn:opcorn:opcorn:opcorn:opcorn:wdwjr
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Your first best option if you Duce is of age is to tag it historically then your 90 % free of the nazi DOT system
scottc
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I am not a lawyer,cop, dot cop, or judge. My God its only a 100 dollar ticket, is that really worth going to court for? Any ticket sucks to pay, if you go to court you could end up paying a whole lot more. Even if it is just the principle of the whole thing. Is a hundred dollars worth a fight. Missed work days to go to court, stress, and all the other stuff that will go along with it.
FreightTrain
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well,if they are like bama you will have to pay court cost no matter what.Here if you get a ticket you gotta pay court cost if you show up for court and fight or if you go the next day to the station,plead guilty and pay at the window.
Jakob
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I took the meaning of the thread as... "Why did this happen?" and "How do I keep it from happening again?". If I were the OP, that's what I'd be wanting to know. Not just how I can get out of the ticket and be on my way. I've learned tons just by reading what everyone has to say here.
pevrs114
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Well frankly, if he DOESN'T have to have the sticker (and depending on various arguments and the code, he may indeed not have to have it) then he SHOULDN'T pay the ticket. If you're not guilty, then plead not guilty.
But you may spend well over the $100 fine researching/getting representation to defend yourself. Cost/Benefit analysis comes into play.
But you may spend well over the $100 fine researching/getting representation to defend yourself. Cost/Benefit analysis comes into play.
ncduece
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can some one clarify as to what drivers license i need for this truck ii have read a lot of post and cant see to find the correct answer, the truck is for my private use. i will have a total weight of slightly over 26000lbs that why i put the 30000lbs tags on it . the way i read it says your are exempt for private use?
nk14zp
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butter?
ncduece
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i just got off the phone with the motor fuel tax people if you are tagged over 26000lbs or have 3 or more axles you have to have the sticker on the truck. the sticker is free, more government nonsense!
Dave911
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Ifta
If the sticker you are getting for free is an IFTA sticker. There is nothing free about the IFTA program. IFTA is for commercial trucks.
If you are not commercial it does not apply - end of story.
It stands for International Fuel Tax Agreement. You need to log your miles that you drive in each state and the taxes that you pay for fuel. Each quarter you need to file a report and balance the taxes you paid with the tax rates of each state, and you will probably have to send them a check for additional taxes each quarter. Forgot to do it one quarter - $50 fine. No questions asked.
I've been pulled over by the DOT in Indiana and I have a couple of commercial trucks. I had a taillight burned out and I didn't have a fuel tax sticker on a truck plated for 26K lbs but I had a gooseneck trailer behind it good for more than 10 K lbs. The trucks GVWR was 28K lbs and was a two axle truck. Without the trailer I would have been fine, with the trailer I needed an IFTA sticker and all the other BS. $150 fine for no sticker. I started the IFTA thing and it only applied when I pulled the trailer. After a year I terminated the IFTA sticker, just too much BS. If I get another $150 IFTA ticket I will consider it road tax. Oh well. Best advice - avoid DOT cops/AKA truck hunters. If you are going to do something not entirely within your plates - do it after hours. DOT doesn't like to do work at night.
If you can avoid the commercial plate and license thing all together. You either need to go all in or don't do it. There is no middle ground.
If you do go commercial, try to opt for Intrastate when you get your DOT number. If you say Interstate, the feds push all kinds of additional crap on you. There is a huge difference between Intrastate and Interstate commercial trucks regarding the DOT.
If I were you I'd pay the $100 ticket and figure out how to avoid that in the future. If the judge is not in a good mood or just a jerk it can get much worse.
Tickets == Roadtax in most places any longer. Not much to do with safety, mostly revenue.
Dave
If the sticker you are getting for free is an IFTA sticker. There is nothing free about the IFTA program. IFTA is for commercial trucks.
If you are not commercial it does not apply - end of story.
It stands for International Fuel Tax Agreement. You need to log your miles that you drive in each state and the taxes that you pay for fuel. Each quarter you need to file a report and balance the taxes you paid with the tax rates of each state, and you will probably have to send them a check for additional taxes each quarter. Forgot to do it one quarter - $50 fine. No questions asked.
I've been pulled over by the DOT in Indiana and I have a couple of commercial trucks. I had a taillight burned out and I didn't have a fuel tax sticker on a truck plated for 26K lbs but I had a gooseneck trailer behind it good for more than 10 K lbs. The trucks GVWR was 28K lbs and was a two axle truck. Without the trailer I would have been fine, with the trailer I needed an IFTA sticker and all the other BS. $150 fine for no sticker. I started the IFTA thing and it only applied when I pulled the trailer. After a year I terminated the IFTA sticker, just too much BS. If I get another $150 IFTA ticket I will consider it road tax. Oh well. Best advice - avoid DOT cops/AKA truck hunters. If you are going to do something not entirely within your plates - do it after hours. DOT doesn't like to do work at night.
If you can avoid the commercial plate and license thing all together. You either need to go all in or don't do it. There is no middle ground.
If you do go commercial, try to opt for Intrastate when you get your DOT number. If you say Interstate, the feds push all kinds of additional crap on you. There is a huge difference between Intrastate and Interstate commercial trucks regarding the DOT.
If I were you I'd pay the $100 ticket and figure out how to avoid that in the future. If the judge is not in a good mood or just a jerk it can get much worse.
Tickets == Roadtax in most places any longer. Not much to do with safety, mostly revenue.
Dave
bottleworks
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How do you go about applying for this free sticker?
A non-com class C will work. Driver's licenses are based on use and GVWR. Not the tagged weight. An M35 has a GVWR below 26K. If you wish to tow a trailer with a GVWR of more then 10K, you need a Class A.
rmgill
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Diced MAn, are you familiar with NC state law on this or are you just shooting from the hip?so, you got a hundred dollar ticket for not having fuel sticker..
He missed,,
The Dot number on your truck.
Commericial trucks usually are required to have name visible from 50 feet
Did you have the proper CDL for your truck?
A new updated Medical card?
Log book?
Unless your regestered as classic or antique, He let you off pretty easy.. There are some grey areas with dot.. But usually green, IE the money leaves your pocket, and goes to them...
I'm not a lawyer, but when I was last researching the CDL issues in various states for the two bills I had my state senator propose in my state on my behalf, I found that NC explicitly exempted privately owned/operated trucks from the CDL rules. In fact, their DMV handbook shows a Military truck with a load labled (Your property) as an example of a truck that was NOT commercial.
You might find that some states are not the same as your state legally.
ncduece
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there number is 919 733 3409 call them and they will send you and application
ncduece
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or the cop will give you the application along with the ticket
rmgill
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Scottc, If I send you my address will you send me $100? Since you're so free and glib with other people's money.
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rmgill
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NC Deuce, first I'm not a lawyer and I don't play one on TV. Were I in your shoes I'd do the following things.
1. Call the State DOT folks, start asking detailed questions about what is and is not a Commercial Motor Vehicle. Document what they say. Then call another office, ask the same questions go higher up, document that.
First thing is if they give you conflicting information, good. That's what I found.
2. Is your job related to your truck in any form at all? I do IT work, my truck is not remotely appropriate for the job. One defense I have if I get snagged is that the truck is a hobby/recreation vehicle.
3. IFTA is a fuel tax program for making sure businesses that use trucks over the highway are NOT under paying taxes for road use. They could implement such a program on private vehicles but it would be a nightmare. Regular people file annual taxes. We don't file quarterly taxes or have tax accountants to handle all our issues. This is a point to bring up with the Judge. If your job in #2 has nothing to do with the vehicle use, plead ignorance with the judge
4. PM me (to remind me) and I'll forward you a scanned copy of my letter from the FMCSA Director on what is and is not commercial where it concerns MVs and their use to haul things on the road. The word from them is that if you're not doing it related to a commercial enterprise or in compensation, then you're not commercial. Basically FMCSA doesn't care if you're driving around in a 40ton GVCW rig with beanie babies because you find it fun. What ever floats your boat. Put some advertisement on the side of the truck in exchange for compensation and you're commercial.
5. Where it concerns your license plate. I went to my state tag office trying to get a tag for an M813 several years ago. I showed the lady at the counter exactly what I had, she called over the supervisor. She looked at the truck photos listened to what I had to say and refused to give me a PX tag (a tag for commercial trucks based on weight). She said it wasn't normally right BUT that I was clearly not doing it for commercial purpose and gave me a Hobby/Antique tag. Bring up the details of the confusion as to what is and is not commercial with the judge, I expect, that if you're polite fair and provide some supporting material, you'll be able to catch the prosecutor/solicitor in a bit of confusion and get the ticket charges dismissed.
The basic fact is that the CDL laws are clear where it concerns commercial trucks, but where it concerns non-commercial trucks outside of RV's it's just confusing and down right conflictive where it concerns this or that law. This is not right and people should not stand for this (lie down and take it as it were).
$100 is $100, but what if the officer had charged you for more? Precedent that your truck isn't commercial or shouldn't be treated as such is important. It could help next time and it's foundation for getting the laws changed at the state level where all of the confusion is.
Report back what you find, I'd be curious.
1. Call the State DOT folks, start asking detailed questions about what is and is not a Commercial Motor Vehicle. Document what they say. Then call another office, ask the same questions go higher up, document that.
First thing is if they give you conflicting information, good. That's what I found.
2. Is your job related to your truck in any form at all? I do IT work, my truck is not remotely appropriate for the job. One defense I have if I get snagged is that the truck is a hobby/recreation vehicle.
3. IFTA is a fuel tax program for making sure businesses that use trucks over the highway are NOT under paying taxes for road use. They could implement such a program on private vehicles but it would be a nightmare. Regular people file annual taxes. We don't file quarterly taxes or have tax accountants to handle all our issues. This is a point to bring up with the Judge. If your job in #2 has nothing to do with the vehicle use, plead ignorance with the judge
4. PM me (to remind me) and I'll forward you a scanned copy of my letter from the FMCSA Director on what is and is not commercial where it concerns MVs and their use to haul things on the road. The word from them is that if you're not doing it related to a commercial enterprise or in compensation, then you're not commercial. Basically FMCSA doesn't care if you're driving around in a 40ton GVCW rig with beanie babies because you find it fun. What ever floats your boat. Put some advertisement on the side of the truck in exchange for compensation and you're commercial.
5. Where it concerns your license plate. I went to my state tag office trying to get a tag for an M813 several years ago. I showed the lady at the counter exactly what I had, she called over the supervisor. She looked at the truck photos listened to what I had to say and refused to give me a PX tag (a tag for commercial trucks based on weight). She said it wasn't normally right BUT that I was clearly not doing it for commercial purpose and gave me a Hobby/Antique tag. Bring up the details of the confusion as to what is and is not commercial with the judge, I expect, that if you're polite fair and provide some supporting material, you'll be able to catch the prosecutor/solicitor in a bit of confusion and get the ticket charges dismissed.
The basic fact is that the CDL laws are clear where it concerns commercial trucks, but where it concerns non-commercial trucks outside of RV's it's just confusing and down right conflictive where it concerns this or that law. This is not right and people should not stand for this (lie down and take it as it were).
$100 is $100, but what if the officer had charged you for more? Precedent that your truck isn't commercial or shouldn't be treated as such is important. It could help next time and it's foundation for getting the laws changed at the state level where all of the confusion is.
Report back what you find, I'd be curious.
ncduece
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or the cop will give you the application along with the ticket
bottleworks
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It seems everyone is doing hip shooting.
NC laws are not the same as everyone else. Antique plates don't mean anything here. It's all in the title manual I posted the link to.
I said already and I will say it again for those who don't read the manuals:
1. An M35 needs the sticker.
2. An M35 needs a weighted plate of at least 14K.
(b) The only exception is if you have a transporter plate. (-But- Your not actually tagging the truck when your using one. And it can only be used for parades/public events.)
3. GVWR is NOT the same thing as tagged weight.
These are all facts.
In other states, the laws maybe different, but in North Carolina -- These all hold true!
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Michael
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There is a lot of conflicting information in this thread. If you decide to get that free sticker, just be sure you understand the full implications. It may just be that you are putting a sign on your truck that you are commercial and you know it and that you will also have a log book, health card, safety equipment etc.
And I can envision a circumstance when you might need a 30,000 tag but not need a class A license. Say the truck weights 24000 and the trailer weighs 6000. The federal rules say the trailer must weigh more than 10000 to add to the combination in determining if you need a class A, but in some states the tag must cover the actual weight of the combination.
Bottleworks seems to know what he is talking about so maybe it doesn't mean you are commercial. I have been giving it a lot of thought about getting a DOT sticker myself.
And I can envision a circumstance when you might need a 30,000 tag but not need a class A license. Say the truck weights 24000 and the trailer weighs 6000. The federal rules say the trailer must weigh more than 10000 to add to the combination in determining if you need a class A, but in some states the tag must cover the actual weight of the combination.
Bottleworks seems to know what he is talking about so maybe it doesn't mean you are commercial. I have been giving it a lot of thought about getting a DOT sticker myself.
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How is your truck registered?? I have an Antique tag on mine. Never got a second look. If I need a weighted tag how did I get the antique tag. A DMV officer came to my house a guided me through the process. the weight space on the registration card is blank and says antique passenger vehicle.
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