RobbinsSr Posted January 12, 2011 Report Share Posted January 12, 2011 My truck is 10000lbs and my trailer is 14000lbs = 24000lbs. After reading the chart even though my trailer is more than 10k I DO NOT need a cdl because my total weight is less than 26001lbs. Correct? Link to comment Share on other sites More sharing options...
dancer52 Posted January 12, 2011 Report Share Posted January 12, 2011 wrong..your trailer is over 10k....either need a class A non cdl or class A cdl... What I wonder is..can you get the trailer re-classified at 9,999# gvw ? Link to comment Share on other sites More sharing options...
RobbinsSr Posted January 12, 2011 Report Share Posted January 12, 2011 wrong..your trailer is over 10k....either need a class A non cdl or class A cdl... What I wonder is..can you get the trailer re-classified at 9,999# gvw ? Probaly not, the trailer has a vin plate with all the info on it. I should have just kept up my CDL..Hind site 20/20 Link to comment Share on other sites More sharing options...
Hobby Fan Posted January 12, 2011 Report Share Posted January 12, 2011 Thats good to know about the 55 gallon drum of fuel. If it is considered Hazmzat, which it apparently is, then you will also need shipping papers and proper labeling. The drums of VP are labeled sufficiently. Shipping papers can be a BOL or, as I was told by DPS on the side of the road, all the info on the label written on a piece of paper located in the cab of your truck. Link to comment Share on other sites More sharing options...
jwmbishop Posted January 12, 2011 Report Share Posted January 12, 2011 A couple of links for you all to read and digest yourself. I won't add my interpretation at this point. I will say that there are some incorrect assumptions in this thread. Definitions - scroll down to 4 and 5: http://www.statutes.legis.state.tx.us/Docs...522.htm#522.003 Applicability - may want to read the RV exception: http://www.statutes.legis.state.tx.us/Docs...522.htm#522.004 Thanks Chase, clear as mud. So did I just misunderstand or is it saying a tow "vehicle of over 10k AND a trailer of over 26k? or just a trailer over 26k regardless of tow vehicle? Because it seems to have seperated the two. man , I/m just going to avoid KATY. TX. Never liked it much anyway. Now thats funny no matter WHO you are. Link to comment Share on other sites More sharing options...
Truck99 Posted January 12, 2011 Report Share Posted January 12, 2011 My truck is 10000lbs and my trailer is 14000lbs = 24000lbs. After reading the chart even though my trailer is more than 10k I DO NOT need a cdl because my total weight is less than 26001lbs. Correct? You are correct. I don't see what AJ is talking about in the law or on the chart. Link to comment Share on other sites More sharing options...
champkrt1 Posted January 12, 2011 Report Share Posted January 12, 2011 My truck is 10000lbs and my trailer is 14000lbs = 24000lbs. After reading the chart even though my trailer is more than 10k I DO NOT need a cdl because my total weight is less than 26001lbs. Correct? According to a Local DPS officer I spent quite a bit of time talking with about thi subject, you are correct, you DO NOT need a CDL , the magic number is 26001 combination weight. My gas 4 door dualy and 44 foot gooseneck (trailer is 15600) are at 25600, and he told me I can drive with my regular class C license just fine. Link to comment Share on other sites More sharing options...
dancer52 Posted January 13, 2011 Report Share Posted January 13, 2011 crap I dont know....I read the chart wrong...but I AM sure that is what I was told..I will look again.... Link to comment Share on other sites More sharing options...
jracer98 Posted January 18, 2011 Author Report Share Posted January 18, 2011 Enjoyed a day off today. Vince and I put a fresh deadman switch and 12v brake battery on the race car trailer . There are only a few places listed on the DPS website as able to do trailer inspections. #1...the guy "that does that" wasn't there today. #2 "We don't do trailer inspections anymore" #3 The guy couldn't have been nicer or more professional. 15 minutes. Checked all lights. Jacked up each tire and inspected the tire and the condition of the bearings. On the last jacked up tire, he pulled the deadman switch's pin and checked to see if the brake battery had enough power to set the trailer brake. Looked over the chains and hitch. $14 bucks and a little change and that was all she wrote. 15 minutes tops. Nothing unreasonable. Just fyi... jay Link to comment Share on other sites More sharing options...
jracer98 Posted January 19, 2011 Author Report Share Posted January 19, 2011 oops...forgot to say that since the sticker is on the trailer tongue, the inspector said that people steal them left and right. The receipt that he gave us had a bar code sticker placed on it. He said to put it in the truck and present it to the officer if someone steals the sticker and you didn't notice it. He said that the officer could just scan the bar code sticker and know you were "inspected". jay Link to comment Share on other sites More sharing options...
Boernebullet Posted January 26, 2011 Report Share Posted January 26, 2011 Went to court today. Went in a sat with the prosecutor and a couple of other people along with the Sherriff ( Commercial Vechicle Enforcer) and he brought one of his buddies along. The officer just wanted to go by Dillon's website and say he has corporate sponsors ( we wish) and really just wanted to yell at us over and over again. If Dillon chooses to buy a Nike Shirt and wear it and they provide a decal in the box with his new shirt and put it on his race car we are advertising a corporate sponsor and have to be getting money; cause why else would anyone put a decal on their car or wear that shirt if we weren't? That was his arguement to try and win. The prosecutor after 30 minutes decided to drop the charges on No CDL, Log Book and a couple of other things and asked if we would settle for a small fee for No High Way Authority ( which is No Dot numbers). Or we could set another trial date and see the judge on all charges. We settled for No Dot's and paid a small fine. Although we are exempt from Dot Numbers also. Link to comment Share on other sites More sharing options...
Boernebullet Posted January 26, 2011 Report Share Posted January 26, 2011 This is just a small section from the FMCSA 390.3 If you are a travel trailer, RV ect.. you are exempt from DOT numbers. Our trailer is a registered travel trailer. FMCSA( Federal Motor Carrier Safety Administration) Guidance: DOT Numbering Requirements: 390.3 (f) Exceptions. Unless otherwise specifically provided, the rules in this subchapter do not apply to- (f)(3) The occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise; Even with the Guidance below, supplied by the Federal Motor Carrier Safety Administration, hobbyists are being stopped and cited by enforcement officers. Question21: Does the exemption in 390.3(f)(3) for the “occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise” apply to persons who occasionally use CMVs to transport cars, boats, horses, etc., to races, tournaments, shows or similar events, even if prize money is offered at these events? Guidance: The exemption would apply to this kind of transportation provided: 1. The underlying activities are not undertaken for profit, i.e., (a) prize money is declared as ordinary income for tax purposes, and ( the cost of the underlying activities is not deducted as a business expense for tax purposes; and where relevant; 2. Corporate sponsorship is not involved. Link to comment Share on other sites More sharing options...
Truck99 Posted January 26, 2011 Report Share Posted January 26, 2011 Thanks for the update...been wondering how you guys did in court. Unfortunately, it sounds like the prosecutor played the strategy game - knew they didn't have a case they could win but also knew that you guys probably wouldn't want to make another trip for a trial, so they offered the deal. I think you could have won using the RV exception, but you probably played it smart. Link to comment Share on other sites More sharing options...
hray Posted January 26, 2011 Report Share Posted January 26, 2011 Did you get the impression the sheriff will quit trying to harass racers or is he still convinced he's right? Link to comment Share on other sites More sharing options...
Boernebullet Posted January 26, 2011 Report Share Posted January 26, 2011 Oh no, pretty sure he is convinced he is right along with the other sherriff he brought with him. Link to comment Share on other sites More sharing options...
jwmbishop Posted January 26, 2011 Report Share Posted January 26, 2011 Oh no, pretty sure he is convinced he is right along with the other sherriff he brought with him. Now thats the part that really sux. the outcome demonstrates a big part of the problem. The feds define and offer guidance for enforcement - the locals interpret (even if in "good faith") overbroadly as the state statutes only refer to fed for definition of conditions creating commercial vehicle - not application of law. Perfect case for an opinion.... Link to comment Share on other sites More sharing options...
Boernebullet Posted July 27, 2011 Report Share Posted July 27, 2011 So here we go again, Does anyone know the laws? We got a phone call from the DPS office in SanAntonio yesterday; 7 1/2 months after we got our tickets and 6 months after we went to court. The Saergent informed us that he needs to come out to our buriness and home and inspect our property, race cars, trailer etc.. and investigate us to see that we are compliant with the laws. Is this the norm after the case was dropped? Link to comment Share on other sites More sharing options...
97car Posted July 27, 2011 Report Share Posted July 27, 2011 Not a expert does search warrant ring a bell? Sounds like a witch hunt. Link to comment Share on other sites More sharing options...
Truck99 Posted July 27, 2011 Report Share Posted July 27, 2011 So here we go again, Does anyone know the laws? We got a phone call from the DPS office in SanAntonio yesterday; 7 1/2 months after we got our tickets and 6 months after we went to court. The Saergent informed us that he needs to come out to our buriness and home and inspect our property, race cars, trailer etc.. and investigate us to see that we are compliant with the laws. Is this the norm after the case was dropped? I've never heard of DPS CMV doing home inspections, but that doesn't mean they don't do it. Interesting since you guys felt pretty good about getting rid of the Commercial Vehicle stigma after all this. They don't need a search warrant to conduct a commercial vehicle inspection on the roadway, but like I said, I've never heard of it being done on a person's private property. Did you guys call the number back just to make sure the person calling was legit? Or better yet, try to call the DPS CMV office in San Antonio using their published numbers to verify the deal. Sounds pretty strange to me. Link to comment Share on other sites More sharing options...
Boernebullet Posted July 27, 2011 Report Share Posted July 27, 2011 I called the 1-800 number for DPS and they gave me the number to the San Antonio office and it matched. I called a lawyer friend a little while ago and he told me that they have 2 years from the ticket date to check up on us and refile charges. He said that we could tell him we have a lawyer and not let him investigate us, then most likely he will file the case with the JP's office in SA and back in Houston and have the case re opened and they have every right to charge us again OR we could just let him come out and investigate us and go from there. The Saergent also said Greg and our employees needed to provide results from drug test and that he was going to fax over alot of paper work we had to fill out and send back to him and there would be alot more when he comes. I told the Saergent the charges were dropped and he didn't even know that, but said he had to investigate anyways. Non of this makes any sense to us considering the prosecutor dropped the charges. Link to comment Share on other sites More sharing options...
abrungot Posted July 27, 2011 Report Share Posted July 27, 2011 Honestly would hope that race tracks would help the racers here with this stuff... This kind of thing adds to the reason's people would not want to travel to go to different places... You want to make your racecar look professional, but then at the same time.. they want to make you go BROKE! Link to comment Share on other sites More sharing options...
Truck99 Posted July 27, 2011 Report Share Posted July 27, 2011 I called the 1-800 number for DPS and they gave me the number to the San Antonio office and it matched. I called a lawyer friend a little while ago and he told me that they have 2 years from the ticket date to check up on us and refile charges. He said that we could tell him we have a lawyer and not let him investigate us, then most likely he will file the case with the JP's office in SA and back in Houston and have the case re opened and they have every right to charge us again OR we could just let him come out and investigate us and go from there. The Saergent also said Greg and our employees needed to provide results from drug test and that he was going to fax over alot of paper work we had to fill out and send back to him and there would be alot more when he comes. I told the Saergent the charges were dropped and he didn't even know that, but said he had to investigate anyways. Non of this makes any sense to us considering the prosecutor dropped the charges. Greg, I have additional helpful information for you. Will call this afternoon. Link to comment Share on other sites More sharing options...
HiTech Posted July 27, 2011 Report Share Posted July 27, 2011 LOOKS LIKE DOUBLE JEOPARDY TO ME ....WHAT IS THIS WORLD COMEING TOO ..WHEN A PROBLEM WAS SOLVED MANY MONTHS AGO ..ONLY TO HAVE THE DPS LOOK AT HOW MUCH MONEY THEY NEED TO COLLECT FOR THIER COFFERS ..THE CASE WAS CLOSED .....DIDNT TELL YOU THIS COULD HAPPEN I SUPPOSE .......YOU SHOULD OF HAD THE RIGHT TO KNOW THIS FROM THE STATE AT THE TIME THIS CASE WAS CLOSED......WHAT A SLAP IN THE FACE ... Link to comment Share on other sites More sharing options...
Boernebullet Posted July 27, 2011 Report Share Posted July 27, 2011 LOOKS LIKE DOUBLE JEOPARDY TO ME ....WHAT IS THIS WORLD COMEING TOO ..WHEN A PROBLEM WAS SOLVED MANY MONTHS AGO ..ONLY TO HAVE THE DPS LOOK AT HOW MUCH MONEY THEY NEED TO COLLECT FOR THIER COFFERS ..THE CASE WAS CLOSED .....DIDNT TELL YOU THIS COULD HAPPEN I SUPPOSE .......YOU SHOULD OF HAD THE RIGHT TO KNOW THIS FROM THE STATE AT THE TIME THIS CASE WAS CLOSED......WHAT A SLAP IN THE FACE ... That is what it feels like; Double Jeapardy and a slap in the face. I have to give the Saergent some credit, he has been nice ( unlike the one that pulled us over) I spoke with him again today after he faxed over the pages of paper work we have to fill out and fax back. I explained none of the paper work applies to us and explain what is the reason for this again. He explained once someone gets pulled over a red flag goes out thats we are doing trade or commerce without the proper tags, license or whatever then he needs to investigate that. He said he has to file paper work with Austin and then they decide if we are breaking any laws. Link to comment Share on other sites More sharing options...
rebelracewriter Posted July 27, 2011 Report Share Posted July 27, 2011 then they decide if we are breaking any laws At his "discretion" I'll bet..... Link to comment Share on other sites More sharing options...
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