Who must comply?
Posted on April 5, 2007
Filed Under HOURS OF SERVICE
First, where do you operate? If you go across state lines, that is known as “interstate commerce”, and you are subject to the Federal interstate rules. If you transport interstate freight, within one state, that is also “interstate commerce”. For example, you drive your tractor to the Port of Miami, pick up a container, and drive it to Tampa. Even though you did not leave the state of Florida, it is interstate commerce, and subject to the Federal rules, as that container originally came from a place outside the state of Florida, such as South America or something. Although you did not leave Florida, you are furthering an interstate movement of freight, making you subject to the interstate rules.
If you stay wholly within one State, and do not handle interstate freight, then you are subject to the safety regulations of that State. Most States have adopted the Federal regulations in their entirety. Others have adopted 95% of them, with a few exceptions. Generally speaking, the State safety regulations cannot be more stringent than the Federal rules. These means if you are following the Federal guidelines, you will be ok.
The Federal rules apply to anyone driving a vehicle with a Gross Vehicle Weight Rating of 10,001 pounds or more.
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I have a dot number. I would like to know if I need a MC number? If so, where do I apply or it?
O.K. Eric, seeing that you sent me this site, you can answer my questions. I’m moving my business from California to Idaho. I bought a truck with a GVWR of 26,000 LBS. to do this move as it will take several trips to move everything. I was stopped at the Utah/Arizona Port of Entry heading southbound on I-15, and was told I needed a D.O.T. number, a medical certificate, a drivers logbook, a D.O.T. truck annual inspection, and I needed to pay for a “trip permit”.
I contacted the FMCSA, and after talking to three different agents, I was told that I indeed needed a D.O.T. number. I then asked that why I didn’t fall under rule 49 CFR 390.3(f)(3). Two agents agreed, but then a got a letter stating that I needed a D.O.T. number regardless of my situation and intended use of the vehicle. Do I need to comply with ALL of these rules and regulations? I have complied with most. Please advise.
Chuck:
For everyone, 49 CFR 390.3(f)(3) states: ‘Unless otherwise specifically provided, the rules of 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”.
DOT will not let you take advantage of 390.3(f)(3), because you are in furtherance of a commercial enterprise. You are moving your business, which makes you subject to the rules. If you rented a 26,000 GVWR truck and moved your bed, dresser, kitchen table, and lawn mower, that would fall under 390.3(f)(3). But since you are moving your business, you must comply with everything, except drug and alcohol testing, since your vehicle is not a CDL type vehicle.
I am a Concrete Contractor. I was told I need a DOT #, and a medical card. I do not drive anything over a 1 ton truck. I do not haul freight. I haul my own equipment and supplies. I went online and got a DOT #, but I did not get any info from the state of Wi. I do not leave the state of Wi for work. Now some people said I made a mistake, I should never have got a DOT # , now I am stuck having to comply. What is correct? I do not have a CDL, I am not required to have one. Please help me understand what the real laws are!
Thanks
John:
If you never leave the state of Wisconsin, you are subject to the state of Wisconsin rules. The information I have shows that they have adopted the Federal rules, which means anything with a Gross Vehicle Weight Rating of 10,001 lbs. or more is subject to the rules. While by itself, your 1 ton truck is probably below 10,001 lbs., if you ever pull a trailer, it will likely be over. If you pull a trailer, you must take the GVWR of the truck, and add it to the trailer. If that figure is over 10,000 lbs, you are subject to all of the safety rules except CDL and drug testing.
If you never pull a trailer, and your truck is under 10,000 lbs. GVWR, you can probably turn the DOT# back into to the Feds, inactivating it.
I bought a F-350 dually. I have a 20,000 pound trailer that I haul a 12,000 pound dozer on. I have DOT numbers. I have not went across state lines as of this time. But I have a job that will take me across. I have CDL class A, drug/phycal card. I have fire exstingusher & markers. I’m not out for hire. I just own a dozer & work for private people. What else do I need?
Scott
Scott:
When you go across State lines, you are subject to the Federal rules. The combo you described sounds like a CDL combo, which means you’re subject to all of the Federal rules. If you stay wholly within one State, you’re subject to the State rules. Most States have adopted the Federal rules, with a few exceptions. So, you very likely have to comply with the rules whether you cross State lines or not.
You have your medical card, that’s good. You also need drug and alcohol testing, time records, and maintenance records, including an annual inspection. For a more detailed list, may I suggest my DVD package?
JUST BOUGHT A NEW INTERNATIONAL 4300 WITH A GROSS WEIGHT OF 13580 I DID APPLY AND GET A DOT # BUT I DO NOT HAVE A CDL LICENSE . DO I NEED TO HAVE A MEDICAL CARD AND LOG BOOKS TO OPERATE THIS . IT IS ONLY USED FOR MY USE NOT FOR HIRE.
Where do you operate? If you operate across State lines, the Federal rules apply at 10,001 lbs. GVWR. If you operate wholly within one State, then those State rules apply. Some States have adopted the Federal requirements exactly, such as Michigan. In others, the rules do not apply at 10,001 lbs., but at a higher limit. New Jersey and Ohio, for example, do not regulate vehicles under 26,001 lbs.
I applied for and got a DOT number July of 2007 for a logistics company I have formed which is housed in the same building as my motorsports company. These are two seperate companies. I recently was contacted by DOT concerning my ‘upcoming audit’. While my motorsports company is a functioning entity, the logistics company has not yet acquired a single vehicle. I advised the person calling that I had not yet begun operating the logistics company and it has no vehicles as of yet. They still want to audit me and I frankly don’t see what there is to audit. My motorsports company owns several vehicles, one with a GVW of 10,001 lbs, but it never pulls a trailer, it’s for show and it’s only a single rear wheel F350 4X4. I do have a class A CDL and medical certificate. The DOT number applies to the logistics company, not the motorsports company. Any idea what I’m to expect?
Black Sky: DOT is required to audit all new entrant motor carriers within 18 months of registration. Since you have not yet started operations, DOT should come back at some future date when you have started operations. That doesn’t mean they will. It still could be ok, if they focused on the logistics company and used their time at your office to explain the rules and what you will need when your logistics company starts operations. I highly doubt they’ll do that, either. The F350 has GVWR of 10,001 lbs? Does it cross state lines in a commerical capacity? If it does, it’s subject to the rules. Since the motorsports comany doesn’t have a number, they might just lump that truck into the logistics company.
Eric, I have a small landscape company my truck now falls under the guidlines of the Feds, however I owned this truck and have had this business for some time now. I never leave the state of N.Y. again I am only cutting grass. Do I still have to do all the non sense that goes with this law keep logs etc. Truck is used every day, you do not k=need a cdl for it. I have a number what to do? Gene
Gene:
New York has adopted large segments of the Federal Interstate regulations, however there are some exceptions. How big is your truck? What’s the GVWR? Do you pull a trailer with it, what’s that GVWR? In order to figure out what you have to do, we need those pieces of information. That’s the beauty of the DVD package I’m selling. In addition to the DVD, the rulebook, the transcript, the forms, you get access to me, and I can answer any questions you have, in depth, over the phone.
Eric
I have five(26,000lb gvw) trucks that run in Ontario. Once in a while I will take one of these truck over to the New York. I have obtained a DOT #. Do all my drivers need to comly to the DOT requirements or just the ones that are going across(only me at this point).
Henry Heikoop
Henry:
Only your truck which goes into New York is subject to the US Federal Motor Carrier Safety Regulations. The other trucks are subject to the Canadian rules. Canadian rules have some similarity to the US rules. Hope that helps.
Mr. Arnold,
I have a trailer that with all my lawn & landscape equipment on it does not total 10,000 lbs. Do I need to comply with all these rules and regulations. I am local only and never cross over state lines. We do commercial and residential lawn maintenance and landscape architecture & maintenance.
Right now I have 2 trucks & trailers on the road, we will probably have 3 this time next year.
The answer is………..maybe. Don’t you hate that? The rules apply at 10,001 lbs. Gross Vehicle Weight Rating for the combination of vehicles. That is if you go across State lines. If you stay wholly within one State, the rules might apply at 10,001 lbs., it may be higher, as each state is different. For example, New Jersey is 26,001 lbs.
Email me, tell me what State you are in, then I can answer your question.
I have called the DOT and ask if I do or do not need a mc# but I keep getting wrong info. what other regulation just to operate in the State of Florida I have just started a business of hauling cars and small equipment that do not go over the 26000 pound total gross weight I have a 06 dully that pulls a 8000 pound trailer both do not combine 26000 pounds what other reqirements do I need please advise Sincerly Israel
You never leave Florida? If you haul for-hire out side the State of Florida, you will need a Federal MC#, also known as Federal operating authority. However, if you stay within the State, Florida may have some type of operating authority they require as well. For example, Pennsylvania requires a PUC number for for-hire carriers within the State of Pennsylvania. I would check with the State of Florida.
Dear Eric:
I am retired, and am moving from ct to fl. I bought single axle tracror and a dual axle flatbed and a 40 foot shipping container and put it on the flatbed. I am not in business and am not doing any work for hire. the setup is strictly for my personal use to move my household stuff. I was told i had to get a DOT # which i did and then told i dont need it if the rig is not used to produce income, which it is not. Who’s confused?
I still have my current CDL with all endorsements but no med card or log book.
Will i be ok just to drive myself down to fl, without getting in any situation with the law? I don’t know if i should leave the dot# on or remove it, and if i remove it if i will be getting stopped because the authorities don’t see it there?
I just want to have a quite peaceful drive down on the back roads, no interstates, or as little as possible.
What is your take on my situation?
Warmest Regards and thanks for your service and all the info.
Tom Zummo
I used to live in Florida. What a great place. No state income tax, cheap, I had an inground pool…… those were the days! I could play golf in January, no snow, no ice…. fantastic!
Oh yeah, what was the question again? Oh, right, the moving thing. You do not need the DOT #, as you are not in commerce. It is exactly the same as if you rented a 28 foot Ryder truck to move your stuff…. DOT rules do not apply.
I would take the DOT number off, and letter on there, “Personal Use, Not-For-Hire”. And then be prepared to explain to any DOT cops you might run across that it’s your own personal belongings in the container.
We have a water well drilling rig & water truck both weight over 20,000 gvw. The trucks stay in michigan and only go out to work 1-2 a week. i have had conflicting stories to what rules i have to follow. everyone has cdl, chaufers lisence and exam cards. but do we need the dot#, log book, drug tests, or what is it we need for our outfit.
Michigan has adopted the Federal rules, so all DOT rules apply at 10,001 lbs. GVWR. Therefore, you are subject to all of the rules, which includes logs, medicals, annual vehicle inspections, etc. You are not subject to drug and alcohol testing, as that kicks in at 26,001 lbs. GVWR and up. There are numerous exceptions for logbooks. Hope that helps.
Eric, want to start a business,have a cdl-a, vehicle will be under 26,000 lbs.what permits and authorities do i need,can’t find info on net. Interstate,do i need to run a log book?
JB: If your vehicle has a GVWR or 10,001 - 26,000 lbs., you need to comply with all the rules, except drug and alcohol testing. This includes logbooks. If you are driving over 100 miles from your office, you need a logbook. It sounds like you will. I have a post up on the front page about lightweight vehicles right now, there’s a bunch of good “free” info in that. As far as permits and authorities go, if you plan on transporting for-hire, you will need operating authority from the Federal Motor Carrier Safety Administration. In addition, many States have permits they require to operate in their States. Usually, you have to contact each State in which you will be operating to find out what you need.
If you want to full scoop on the safety regulations, my area of expertise, might I recommend purchasing my DVD package?