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Gettin Jiggy Wit It
Posts: 2734
    
| Has anyone seen this about the new log systems for commercial vehicles and the stipulations for adding... Especially for horse people that compete? https://m.facebook.com/story.php?story_fbid=1478806775559623&id=1192... | |
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Extreme Veteran
Posts: 534
  Location: Ohio girl moved to PA | I just read about that this morning and i think its complete bull. I date a trucker and also work in the trucking business so i see it from all sides and ELDs are nothing but trouble. its just another way to screw our truckers. Especially for people like me who only haul a couple times a week to jackpots/rodeos, who haul friends and the occasional person going to the same place. So i pull a $45 paycheck at a small jackpot and beacuse i did i now can get fined for not being registered as a "commerical driver." It blows my mind how little coverage there is about this. | |
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 Hugs to You
Posts: 7551
     Location: In The Land of Cotton | Ohiobarrelracer - 2017-11-29 8:07 AM I just read about that this morning and i think its complete bull. I date a trucker and also work in the trucking business so i see it from all sides and ELDs are nothing but trouble. its just another way to screw our truckers. Especially for people like me who only haul a couple times a week to jackpots/rodeos, who haul friends and the occasional person going to the same place. So i pull a $45 paycheck at a small jackpot and beacuse i did i now can get fined for not being registered as a "commerical driver." It blows my mind how little coverage there is about this. Well, if you do work in the trucking industry then you should know that it is going to be enforced. And, there is no way to cheat it if a unit is installed.
That being said - the line is a thin one between the DOT and people who have horse trailers etc. There have always been rules about medical cards and CDL's in place. They have just been lax about enforcing those rules. As local economies and tax dollars become scarce, they will look to these items to make money from fines. Pure and simple.
We might all think it is not a good law, but it is in place. '
Deal with it as you wish.
PS - yes I work in the trucking industry and have for over 30 years...................................do I have a CDL? Yes, since 1979. Will I get a unit in our personal truck, no.
Edited by 3canstorun 2017-11-29 8:16 AM
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Gettin Jiggy Wit It
Posts: 2734
    
| . I wish there was a precise list of the regulations for the elds so people have a better understanding. It's so murky. | |
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     Location: Not Where I Want to Be | WetSaddleBlankets - 2017-11-29 1:00 PM . I wish there was a precise list of the regulations for the elds so people have a better understanding. It's so murky.
there is
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Gettin Jiggy Wit It
Posts: 2734
    
| 1DSoon - 2017-11-29 12:03 PM
WetSaddleBlankets - 2017-11-29 1:00 PM . I wish there was a precise list of the regulations for the elds so people have a better understanding. It's so murky.
there is
where? The dot? It's still pretty gray | |
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Extreme Veteran
Posts: 534
  Location: Ohio girl moved to PA | 3canstorun - 2017-11-29 8:56 AM Ohiobarrelracer - 2017-11-29 8:07 AM I just read about that this morning and i think its complete bull. I date a trucker and also work in the trucking business so i see it from all sides and ELDs are nothing but trouble. its just another way to screw our truckers. Especially for people like me who only haul a couple times a week to jackpots/rodeos, who haul friends and the occasional person going to the same place. So i pull a $45 paycheck at a small jackpot and beacuse i did i now can get fined for not being registered as a "commerical driver." It blows my mind how little coverage there is about this. Well, if you do work in the trucking industry then you should know that it is going to be enforced. And, there is no way to cheat it if a unit is installed.
That being said - the line is a thin one between the DOT and people who have horse trailers etc. There have always been rules about medical cards and CDL's in place. They have just been lax about enforcing those rules. As local economies and tax dollars become scarce, they will look to these items to make money from fines. Pure and simple.
We might all think it is not a good law, but it is in place. '
Deal with it as you wish.
PS - yes I work in the trucking industry and have for over 30 years...................................do I have a CDL? Yes, since 1979. Will I get a unit in our personal truck, no.
Oh i know very well that its going to be, unfortunatly. I wont be putting one in my personal either, i dont agree with it at all. I feel sorry for our truckers, i really do. | |
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 Hugs to You
Posts: 7551
     Location: In The Land of Cotton | WetSaddleBlankets - 2017-11-29 1:50 PM 1DSoon - 2017-11-29 12:03 PM WetSaddleBlankets - 2017-11-29 1:00 PM . I wish there was a precise list of the regulations for the elds so people have a better understanding. It's so murky. there is
where? The dot? It's still pretty gray
https://www.fmcsa.dot.gov/hours-service/elds/electronic-logging-devices
There is also a FAQ page too | |
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Gettin Jiggy Wit It
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Thanks. I appreciate it. | |
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Married to a Louie Lover
Posts: 3303
    
| I just saw that article shared...daaaaamn is all I can say.
I know we’ve been floating in the gray area but dang.
So let’s say I do get an ELD installed on my dually truck (not that I want one, I don’t, but for hypotheticals). Often my dually is also my daily driver when my husband has our other truck. If I take off and drive 8 miles to work on a Friday morning at 7am, not hooked to a trailer, does my time start with the ELD? If so you’d have to be at your rodeo before 9pm (likely yes) but you couldn’t drive home until 7am the following morning after your 10 hours? Is that right?
If that’s the way it works...we would quite literally have to purchase a third unneeded vehicle so the dually could only move when hooked to a trailer. | |
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 Hugs to You
Posts: 7551
     Location: In The Land of Cotton | OhMax - 2017-11-29 3:54 PM I just saw that article shared...daaaaamn is all I can say. I know we’ve been floating in the gray area but dang. So let’s say I do get an ELD installed on my dually truck (not that I want one, I don’t, but for hypotheticals). Often my dually is also my daily driver when my husband has our other truck. If I take off and drive 8 miles to work on a Friday morning at 7am, not hooked to a trailer, does my time start with the ELD? If so you’d have to be at your rodeo before 9pm (likely yes) but you couldn’t drive home until 7am the following morning after your 10 hours? Is that right? If that’s the way it works...we would quite literally have to purchase a third unneeded vehicle so the dually could only move when hooked to a trailer.
Read the FAQ's.
If your vehicle was manufactured before 2000, you never have to use one. If you only use it less then 8 days in a 30 day period you don't. A lot of variables. Which is why the whole thing sucks. | |
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 Expert
Posts: 1520
  Location: Illinois | I've spoken to a couple people about this and was told that I was fine, but I'm way under the weight limit for a required CDL. I just have a 3/4 ton truck and 3 horse 8' short wall LQ. So even if I do win money somewhere, I don't fall under all 3 rules. One person was from the DMV, one was a cop, and one was a teacher at a truck driving school and they all said the same, so I assume they're correct. | |
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Gettin Jiggy Wit It
Posts: 2734
    
| JLazyT_perf_horses - 2017-11-29 4:48 PM
I've spoken to a couple people about this and was told that I was fine, but I'm way under the weight limit for a required CDL. I just have a 3/4 ton truck and 3 horse 8' short wall LQ. So even if I do win money somewhere, I don't fall under all 3 rules. One person was from the DMV, one was a cop, and one was a teacher at a truck driving school and they all said the same, so I assume they're correct.
what are the 3 specific rules? | |
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 Expert
Posts: 1520
  Location: Illinois | In the article where it says your vehicle must be outfitted with an ELD under the following conditions. I was told by them that you had to fall under all 3 and I'm pretty far under the weight requirement for a CDL. I'm just going by their knowledge and how the interpret it all, but since they said the same thing I'm rolling with it. If I get in trouble then I guess I'll just start hauling my horse to exhibition only and just have fun. I don't travel very far in general anyway. | |
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boon
Posts: 3

| I have farm tags on my trailer so I have always told them I was coming or going to the vet. Which is usually true nowadays | |
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Gettin Jiggy Wit It
Posts: 2734
    
| According to this 90% of barrel racers or horseman that use their rig to show or for their business need an ELD... Especially if you claim it on your taxes. Thats how it remains murky or gray... http://www.horsenation.com/2017/11/29/electronic-logging-devices-commercial-motor-vehicles-what-new-regulations-mean-for-horse-owners/ | |
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Married to a Louie Lover
Posts: 3303
    
| 3canstorun - 2017-11-29 3:11 PM
OhMax - 2017-11-29 3:54 PM I just saw that article shared...daaaaamn is all I can say. I know we’ve been floating in the gray area but dang. So let’s say I do get an ELD installed on my dually truck (not that I want one, I don’t, but for hypotheticals). Often my dually is also my daily driver when my husband has our other truck. If I take off and drive 8 miles to work on a Friday morning at 7am, not hooked to a trailer, does my time start with the ELD? If so you’d have to be at your rodeo before 9pm (likely yes) but you couldn’t drive home until 7am the following morning after your 10 hours? Is that right? If that’s the way it works...we would quite literally have to purchase a third unneeded vehicle so the dually could only move when hooked to a trailer.
Read the FAQ's.
If your vehicle was manufactured before 2000, you never have to use one. If you only use it less then 8 days in a 30 day period you don't. A lot of variables. Which is why the whole thing sucks.
That’ll be a bookmark for a slow day at work, or a vicious case of insomnia. Every time I thought I was going to get an answer it told me to look up another rule...felt like I needed to take notes.
But to answer your question, yes the truck is newer than 2000. Most months we drive it more than 8 days. Summer months always more than 8 days towing. Winter months more than 8 days but not as a towing vehicle. The gvwr on the truck alone is 9900, it’s a standard 1 ton and my understand is under 10k doesn’t require anything special. It’s when it’s hooked to the trailer that we go over the 26k GVWR. And my trailer is hardly the largest rig out on the road.
At the end of the day we probably won’t do anything unless we start to see folks hauling horse trailers get popped more often, or get popped ourselves, hate to say it. | |
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 Accident Prone
Posts: 22277
          Location: 100 miles from Nowhere, AR | WetSaddleBlankets - 2017-11-29 9:03 PM According to this 90% of barrel racers or horseman that use their rig to show or for their business need an ELD... Especially if you claim it on your taxes. Thats how it remains murky or gray...
http://www.horsenation.com/2017/11/29/electronic-logging-devices-co...
How does the DOT know if you claim horses on your taxes? | |
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 Guys Just Wanna Have Fun
Posts: 5530
   Location: OH | A lot has to do with intent---if you are going to a horse show with intent of making money---that is commercial, whether you make money or not. There are loopholes as stated, also, if you stay under 150 AIR MILES from your home an ELD is not required. One of the HUGE issues with enforcement of the ELD with truckers is that there are currently 400 different ELD systems---there is NO WAY that the DOT inspectors know how to operate them. | |
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 Guys Just Wanna Have Fun
Posts: 5530
   Location: OH | OhMax - 2017-11-29 10:47 PM 3canstorun - 2017-11-29 3:11 PM OhMax - 2017-11-29 3:54 PM I just saw that article shared...daaaaamn is all I can say. I know we’ve been floating in the gray area but dang. So let’s say I do get an ELD installed on my dually truck (not that I want one, I don’t, but for hypotheticals). Often my dually is also my daily driver when my husband has our other truck. If I take off and drive 8 miles to work on a Friday morning at 7am, not hooked to a trailer, does my time start with the ELD? If so you’d have to be at your rodeo before 9pm (likely yes) but you couldn’t drive home until 7am the following morning after your 10 hours? Is that right? If that’s the way it works...we would quite literally have to purchase a third unneeded vehicle so the dually could only move when hooked to a trailer. Read the FAQ's.
If your vehicle was manufactured before 2000, you never have to use one. If you only use it less then 8 days in a 30 day period you don't. A lot of variables. Which is why the whole thing sucks. That’ll be a bookmark for a slow day at work, or a vicious case of insomnia. Every time I thought I was going to get an answer it told me to look up another rule...felt like I needed to take notes. But to answer your question, yes the truck is newer than 2000. Most months we drive it more than 8 days. Summer months always more than 8 days towing. Winter months more than 8 days but not as a towing vehicle. The gvwr on the truck alone is 9900, it’s a standard 1 ton and my understand is under 10k doesn’t require anything special. It’s when it’s hooked to the trailer that we go over the 26k GVWR. And my trailer is hardly the largest rig out on the road. At the end of the day we probably won’t do anything unless we start to see folks hauling horse trailers get popped more often, or get popped ourselves, hate to say it.
I believe this will be the case with most and honestly---it is going to be such a mess with the ACTUAL commercial drivers, I cannot see them messing with horse trailers for quite a while. | |
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 Off the Wall Wacky
Posts: 2981
         Location: Louisiana | Maybe I'm just a big dummy, or am over-simplifying it...but the way I read it on the DOT website is basically this. If you haven't been logging in any form prior to now, you should be fine. Aren't they simply going from paper-type methods of logging to completely electronic??
So if you haven'y been required to log in the past, you shouldn't have to start, correct? They're simply changing the method of logging?
Or am I way off?
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 Guys Just Wanna Have Fun
Posts: 5530
   Location: OH | dashnlotti - 2017-11-30 11:48 AM Maybe I'm just a big dummy, or am over-simplifying it...but the way I read it on the DOT website is basically this. If you haven't been logging in any form prior to now, you should be fine. Aren't they simply going from paper-type methods of logging to completely electronic?? So if you haven'y been required to log in the past, you shouldn't have to start, correct? They're simply changing the method of logging? Or am I way off?
Well---you are right and wrong. Many that have not been doing it by law should have been. | |
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 Hugs to You
Posts: 7551
     Location: In The Land of Cotton | Three 4 Luck - 2017-11-30 11:31 AM WetSaddleBlankets - 2017-11-29 9:03 PM According to this 90% of barrel racers or horseman that use their rig to show or for their business need an ELD... Especially if you claim it on your taxes. Thats how it remains murky or gray...
http://www.horsenation.com/2017/11/29/electronic-logging-devices-co... How does the DOT know if you claim horses on your taxes?
They don't and if they ask you that question you look at them and say no. I would not suggest saying "none of your business" because then some smart ass new punk is going to use his "powers" and shut you down for sure.
Here in GA they are bond and determined they are the "law". To the extreme. | |
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 Extreme Veteran
Posts: 338
    Location: NE TX | The way I read it, if you have a LQ trailer it can qualify under "RV" and you are exempt right? | |
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 Guys Just Wanna Have Fun
Posts: 5530
   Location: OH | Flamin10 - 2017-11-30 12:19 PM The way I read it, if you have a LQ trailer it can qualify under "RV" and you are exempt right?
It is exempt as long as you do not say you are going to a horse show---say you are going trail riding. | |
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 Elite Veteran
Posts: 889
       Location: on the fine line between insanity and geniusness | Mighty Broke - 2017-11-30 11:22 AM
Flamin10 - 2017-11-30 12:19 PM The way I read it, if you have a LQ trailer it can qualify under "RV" and you are exempt right?
It is exempt as long as you do not say you are going to a horse show---say you are going trail riding.
TxDOT got kinda crappy about this a few years ago. They wanted everyone to get a CDL, everyone to keep logs...blah blah blah. Mysteriously everyone I know became “trail riders!” They have no way of knowing or proving where you are going with your horse?!? I agree with the stipulations for COMMERCIAL HAULERS, however it’s not the ACT of hauling/travel that makes our money- it’s simply the means by which we get there. The trucking companies and truckers are commercial drivers, they make their money by the ACT of driving and hauling, not us!! Leave us alone.
Edited to clarify- I think horse transport companies should fall under this rule, they get paid to HAUL and TRANSPORT horses. Trainers and barrels racers don’t get paid to haul the horse from point A to point B, they get paid for what they do at the barrel race. I hope this makes sense!
Edited by Ashley Lynn 2017-11-30 12:06 PM
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 Off the Wall Wacky
Posts: 2981
         Location: Louisiana | Mighty Broke - 2017-11-30 10:53 AM
dashnlotti - 2017-11-30 11:48 AM Maybe I'm just a big dummy, or am over-simplifying it...but the way I read it on the DOT website is basically this. If you haven't been logging in any form prior to now, you should be fine. Aren't they simply going from paper-type methods of logging to completely electronic?? So if you haven'y been required to log in the past, you shouldn't have to start, correct? They're simply changing the method of logging? Or am I way off?
Well---you are right and wrong. Many that have not been doing it by law should have been.
Thanks!
I checked into it when everyone got riled up the first go around and we were fine. Our hauling rig has changed a bit since then but we should still be good, considering our size, what we do, how we file taxes, etc.
I'll double check but not panicking!  | |
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  Fact Checker
Posts: 16575
        Location: Displaced Iowegian | Ashley Lynn - 2017-11-30 12:00 PM Mighty Broke - 2017-11-30 11:22 AM Flamin10 - 2017-11-30 12:19 PM The way I read it, if you have a LQ trailer it can qualify under "RV" and you are exempt right? It is exempt as long as you do not say you are going to a horse show---say you are going trail riding. TxDOT got kinda crappy about this a few years ago. They wanted everyone to get a CDL, everyone to keep logs...blah blah blah. Mysteriously everyone I know became “trail riders!” They have no way of knowing or proving where you are going with your horse?!? I agree with the stipulations for COMMERCIAL HAULERS, however it’s not the ACT of hauling/travel that makes our money- it’s simply the means by which we get there. The trucking companies and truckers are commercial drivers, they make their money by the ACT of driving and hauling, not us!! Leave us alone. Edited to clarify- I think horse transport companies should fall under this rule, they get paid to HAUL and TRANSPORT horses. Trainers and barrels racers don’t get paid to haul the horse from point A to point B, they get paid for what they do at the barrel race. I hope this makes sense!
Unless they set up at the horse show and follow you out ...... They have been known to do this in several areas. | |
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 Extreme Veteran
Posts: 338
    Location: NE TX | NJJ - 2017-11-30 3:26 PM
Ashley Lynn - 2017-11-30 12:00 PM Mighty Broke - 2017-11-30 11:22 AM Flamin10 - 2017-11-30 12:19 PM The way I read it, if you have a LQ trailer it can qualify under "RV" and you are exempt right? It is exempt as long as you do not say you are going to a horse show---say you are going trail riding. TxDOT got kinda crappy about this a few years ago. They wanted everyone to get a CDL, everyone to keep logs...blah blah blah. Mysteriously everyone I know became “trail riders!” They have no way of knowing or proving where you are going with your horse?!? I agree with the stipulations for COMMERCIAL HAULERS, however it’s not the ACT of hauling/travel that makes our money- it’s simply the means by which we get there. The trucking companies and truckers are commercial drivers, they make their money by the ACT of driving and hauling, not us!! Leave us alone. Edited to clarify- I think horse transport companies should fall under this rule, they get paid to HAUL and TRANSPORT horses. Trainers and barrels racers don’t get paid to haul the horse from point A to point B, they get paid for what they do at the barrel race. I hope this makes sense!
Unless they set up at the horse show and follow you out ...... They have been known to do this in several areas.
I have heard of them doing this. I don't have a CDL, but I must be an adrenaline junky cause I also am a volunteer fire fighter so I have a Class B licence so I can drive larger rigs. But right now I'm not worried about it cause I have a 1/2 ton chevy and a 2horse BP . In a few years I do plan on getting a larger rig so maybe they will change the law by then. | |
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 Veteran
Posts: 268
    Location: 65 miles from the nearest Wal-Mart | Mighty Broke - 2017-11-30 11:22 AM Flamin10 - 2017-11-30 12:19 PM The way I read it, if you have a LQ trailer it can qualify under "RV" and you are exempt right? It is exempt as long as you do not say you are going to a horse show---say you are going trail riding. But that only works, if you don't have health papers with you that state your destination. Mine usually say, Stockshow/Barrel Bash/WPRA world finals, etc.... yeah, i'd like to win money but that doesn't mean I will. Hell, most of the time even when you do win a lot you'll end up in the red for the year.
Edited by jropergirl 2017-11-30 6:27 PM
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 Veteran
Posts: 268
    Location: 65 miles from the nearest Wal-Mart | My rig is way over-weight (I had no idea it mattered until today because I thought I was considered an RV)-- to the tune of about 31k lbs, when the cutoff is now 26001. What asshat decided that was a suitable number? Someone with a smaller or newer lighter trailer would make it under the 26k gcvwr, and I won't. The pickup is 14k, the trailer is 17.4k.
Soooooooo should I have a CDL for that? According to the law the way it's written I should. But I don't even know how getting a CDL works, when you don't need to deal with airbrakes or a big truck. I drive a 4 door , 4x4 dually. | |
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     Location: Not Where I Want to Be | jropergirl - 2017-11-30 7:31 PM My rig is way over-weight (I had no idea it mattered until today because I thought I was considered an RV)-- to the tune of about 31k lbs, when the cutoff is now 26001. What asshat decided that was a suitable number? Someone with a smaller or newer lighter trailer would make it under the 26k gcvwr, and I won't. The pickup is 14k, the trailer is 17.4k.
Soooooooo should I have a CDL for that? According to the law the way it's written I should. But I don't even know how getting a CDL works, when you don't need to deal with airbrakes or a big truck. I drive a 4 door , 4x4 dually.
class A no air brakes
Get it, need it, always have | |
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 Veteran
Posts: 268
    Location: 65 miles from the nearest Wal-Mart | Yes, i knew it would be Class A -- so how do you test in that -- in your own rig? | |
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 Dog Resuce Agent
Posts: 3459
        Location: southeast Texas | Got to read the fine print. Just because you are under the 26k weight
Going to any type of competition even competing for ribbons it could be considered making money. Because you will increase the value of your show animal.
I’m just throwing that in the equation. | |
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 Blond Bombshell..
Posts: 6628
     Location: Hill Country of TEXAS!! | My dad just sent me this.. "NOT FOR HIRE" IS NOT GOOD ENOUGH - HOW THE ELD MANDATE WILL IMPACT THE HORSE INDUSTRYAs a breeder, owner, trainer or competitor in the horse industry, it is important to understand the implications of the ELD Mandate that will be hitting the transportation industry in December of 2017. The facts are that unless we all speak up you may be required to install an electronic logging device (ELD) in your truck.There are some exemptions in place for farm or agricultural hauling where an ELD would not be required. However, many of the rigs used for hauling horses and the activities horse owners participate in, especially those that frequently travel to horse shows, fall outside the allowed exemptions. What is the ELD Mandate?In 2012, the United States Congress enacted the bill “Moving Ahead for Progress in the 21st Century that was introduced by President Obama. A part of this bill included a provision requiring the Federal Motor Carrier Safety Act (FMCSA) to develop a rule mandating the use of electronic logging devices (ELDs) on commercial vehicles.Do we have to comply since we are hauling horses, not cattle or other livestock?Yes, horses are livestock and are specifically listed in the transportation bill language. It is not just the horse industry that is facing the ELD Mandate. Families that show cattle, pigs and other livestock and travel long distances to show and compete will be impacted as well. It will also impact any other type of activity or hobby that requires a large vehicle and trailer and where there is the potential to win money in competitions. The ELD Mandate requires that your vehicle must be fitted with a device under the following conditions:• Your vehicle is a commercial vehicle (see below)• Your activities fall outside of the exemptions allowed for agriculture and livestock transportation. Most who show horses will fall outside of the exemption requirements. (see below)• You are required to obtain a Commercial Driver’s License due to the weight of your truck and trailer (see below) The “Not For Hire” myth:It is not uncommon to see “Not For Hire” graphics on trucks and horse trailers. The idea behind this is to avoid certain Federal Motor Carrier Safety Administration (FMCSA) regulations. This is an old fable that does not protect those hauling horses from fines for non-compliance. A “Not For Hire” sign on your rig will not protect you if it is determined that your truck and trailer fit into the commercial category or are being used for commercial purposes. Nor will it protect you if you are driving a vehicle and trailer that requires a commercial license.A recreational vehicle exemption does not always apply:Living quarters horse trailers can be classified as recreational vehicles for private use. This classification exempts both the truck and trailer from being considered commercial as well as the requirements for the driver to obtain a commercial driver’s license. However, if an officer or inspector determines that the truck and trailer is being used in “furtherance of a commercial enterprise”, then the driver and vehicle are out of compliance with FMCSA regulations which can result in fines and being detained for an extended period. For example, we have been made aware of situations where the owners of truck and trailers stopped by the Highway Patrol or other inspectors, were required to both obtain a Department of Transportation (DOT) number for their vehicle, and find a driver with a commercial driver’s license in order to resume their trip. In these cases, once the ELD Mandate is in effect, the drivers could also have been required to purchase and install an ELD unit. (see below for clarification about the meaning of “furtherance of a commercial enterprise”)What does an ELD do?The ELD or electronic logging device synchronizes with the engine of a vehicle and keeps track of hours of service. It logs driving time, vehicle speed, routes, and keeps track of mandated rest periods as well as other data points. Once the vehicle is in motion and reaches 5 miles per hour, the ELD keeps track of time for the next 14 hours – nonstop. Under the standard ELD regulations, there are no provisions to account for traffic, fueling, or loading and unloading. In those 14 hours, drivers are only allowed to drive for 11 hours. Because of this, drivers are forced to drive as much as they can during the 14 hours once the clock on the ELD starts. Ten-hour rest period:When the 14-hour limit has been reached, the ELD indicates to the driver that they must stop and “rest” for 10 consecutive hours. The ELD keeps track of any “infractions” – that is, going over the 14 hours as well as vehicle speed – and has reporting functions so inspectors can review the logs and fine drivers for infractions from days past. This means that those hauling horses will be required to stop their trip once the 14-hour threshold is reached and cannot resume travel until the 10-hour rest period has passed. If the threshold is breached, the ELD makes a record that can be reviewed by authorities and you can be fined. Have you noticed in the last several years all of the trucks that are parked along the side of the road? Have you noticed that on and off ramps and picnic and rest areas are sometimes filled up with trucks? Those typically are drivers that have reached their limit and have to immediately find a place to park their trucks to avoid costly violations. If you are required to install an ELD for your truck and horse trailer, this could easily happen to you too. Mandated breaks:According to the Hours of Service outlined in the Federal Motor Carriers Safety Administration rules, rest breaks are mandatory in addition to the ten-hour rest period. Commercial drivers are required to take a 30-minute break within the 11 hour driving period and cannot go past 8 hours without taking a break. This mandatory break is calculated from when the vehicle starts moving and is tracked by the ELD. It does not take into account any other stops or breaks that may have occurred within the 8-hour time period. The break must be 30 consecutive minutes. A driver cannot substitute the 30-minute break with a 10-minute break and later a 20-minute break. There is no getting around this as the ELD records and stores the 30 consecutive minute break periods and will subject the driver to penalty for a rule violation upon inspection. Additionally, the 30-minute break is included in the 14-hour time limit. What constitutes a Commercial Motor Vehicle (CMV) classification?• Are you writing off your truck or trailer as a business loss or expense on your tax returns? Tax write offs for your truck and trailer would make them fall under the commercial classification.• Are your truck and/or trailer being used for your business? If your truck or trailer is being used for your business, they fall under the commercial classification. If you are a trainer, your truck and trailer is used for business, there’s no doubt about it. If you are a non-pro or amateur competitor, your truck and trailer can be considered as used for business (see “furtherance of a commercial enterprise” explanation below). If you are a non-pro or amateur and breed horses and sell them, your truck and trailer are considered as used for business. • Do you only haul your own horses? If not and if you collect payment, (for example splitting fuel costs) to haul a friend or client’s horse to a show, to the trainer, to the vet, or to the breeder, your truck and trailer are considered commercial vehicles. • Have you won money competing with your horse or a client’s horse? Even though most often competing with horses is not profitable for a non-pro when calculating all the costs, the FMCSA could consider money won at a horse show or event, a profit. They can also consider hauling to an event with the intent or hopes of winning some money, as pursuing a profit. This definition of “profit” then classifies your truck and trailer as commercial. • Do you have sponsors? Do you have their stickers on your truck or trailer? Just about everyone knows a roper, rodeo or horse show contestant who has a “day job” (horseshoer as an example) that spends part of their time traveling to events to compete. In many cases, especially with rodeo events, (some associations have strict rules about sponsorships and others do not) they also have sponsors, whether its ropes, saddle pads, clothing or other equipment. Those sponsorships qualify as “furtherance of a commercial enterprise” and then puts them in the commercial category. • If your vehicle has a Gross Vehicle Weight Rating of more than 10,000 pounds and is used for your business or with the intent to make a profit (see “furtherance of a commercial enterprise” below”), or involved in interstate commerce, like going to horse shows out of your home state, it then falls into the commercial vehicle classification by the Federal Motor Carrier Safety Administration (FMCSA). What “furtherance of a commercial enterprise” means:The FMCSA rule has some language that is far reaching with significant ramifications for horse enthusiasts. The category “furtherance of a commercial enterprise” is one of the qualifications considered when determining whether a driver and their truck and trailer fall under the commercial classification and apply to the scenarios we have listed above. Here’s the information as outlined on the FMCSA website’s Q&A section:“ Question 21: 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 (b) 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. Drivers must confer with their State of licensure to determine the licensing provisions to which they are subject.”Do I need a Commercial Driver’s License?Your truck and trailer can be considered a commercial vehicle without the requirement that you obtain a Commercial Driver’s License (CDL). However, you will need to obtain a CDL if your vehicle fits the following categories: • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds. For example, if your dually has a GVWR of 10,000 pounds and your horse trailer has a GVWR more than 16,000 pounds, a commercial license is required. • Any single vehicle with a GVWR of 26,001 or more pounds. What is the GVWR (Gross Vehicle Weight Rating)?• The GVWR is the value specified by the manufacturer as the maximum loaded weight of a single vehicle or combination of vehicles, or the registered gross weight.What is the GCWR (Gross Combined Weight Rating)? • The GCWR is the value specified by the manufacturer as the GVWR of the power unit plus the GVWR of the towed unit or units, or the combined registered weight of the power unit plus the towed unit(s). The GCWR includes the passengers and cargo in the tow vehicle, plus the weight of the trailer and cargo in the trailer. What are the ongoing requirements for a Commercial Driver’s License?After passing the written and driving examination for a commercial license, including other steps such as a special medical examination, drug testing, and vehicle inspections, there are ongoing requirements for driving a vehicle that fall under the commercial classification. Each state has their own set of regulations in addition to the federal code so it is important to understand the laws in your state in regards to a commercial license. Do I need to have a Department of Transportation (DOT) number?Your vehicle may require a USDOT (Federal) number if your vehicle and travel meet the following conditions:• Your truck and trailer are considered commercial vehicles. This applies if you use your truck and trailer for business or for “furtherance of a commercial enterprise” (see above).• The GVWR is over 10,000 pounds• AND if you travel into other statesDepending on the state in which you live, you may also be required to obtain a State DOT if your truck and trailer are considered commercial vehicles. HOS or Hours of Service:Most drivers of commercial vehicles must comply with Federal Motor Carrier Safety Administration (FMCSA) Hours of Service. Hours of Service require that drivers can only be on the road for 11 hours of a 14 hour shift. However, with the ELD, and the fact that the machines start recording time from the moment wheels move past 5 miles per hour, drivers are not able to make allowances for traffic, loading and unloading, and taking a longer rest, or breaking up rest time. There are some exceptions to compliance with Hours of Service. They are listed below.ROD or Record of Duty:The Record of Duty (ROD) is a log book that every driver of a commercial vehicle must maintain and keep on file for 6 months. The following information must be logged into the ROD:• The status for each 24-hour period• Time must be recorded in duplicate• Time for Off Duty• Driving Time• Time spent sleeping• Time on duty but not driving• Each change in duty status that is recorded on the log must also include the name of the city/town/village and state.• Other supporting documentation must also be maintained to coincide with the ROD (log book) these include toll receipts, fuel receipts, and other documentation. If you have a commercial vehicle and your activities fall outside of the exemptions for farming and agriculture, you will be required to install an ELDIf you have a Commercial Driver’s License and therefore are required to follow the Hours of Service and keep a Record of Duty, you will be required to install an ELD Are there situations where we are not required to follow the Hours of Service (HOS) or install an ELD?Agricultural Use: Drivers transporting ‘agricultural commodities,’ including livestock, are exempt from the Hours of Service regulations while operating within 150 air-miles of the source of such commodities. Vehicles and drivers are exempt if they are not:• Hauling farther away than 150 miles and not more than 8 days in a 30 day period. To put this in perspective, if you travel to a horse show, and are driving more than 150 miles to reach the show grounds, your trip there and back counts as driving days. If you stay in a hotel instead of on the showgrounds, any driving to the show grounds counts as days. In this light, it is pretty easy to consume the 8 days in a 30 day period if you attend more than one horse show during that time, or go to horse shows that last an extended period of time. If you are traveling to horse shows frequently, and drive a dually with a 4+ horse trailer, you are more than likely to fall into the classification where an ELD is required on your vehicle. • Drivers of vehicles manufactured before 2000 are not required to implement an ELD.• Drivers will be required to use an ELD if they use a paper log more than 8 times in a rolling 30 day period. (Exceed 12 hours or more than 100 air miles from terminal). Once a driver has exceeded that threshold, they’ll have to drive an ELD equipped truck until their 30 day record drops to 8 or less paper log events. Short Haul: Short haul vehicles are exempt from the ELD Mandate. There are a few key components required to meet the FMCSA definition for short haul. You must:• Start and return to same location within 12 hours of duty time• Drive no more than 11 hours• Have ten consecutive hours off between shifts• Maintain your time clock function. Meaning, employees who are on the clock, punching in and out for work. • Not exceed a 100-mile radius from your starting locationWhat can we do about this government overreach?Representatives from Protect The Harvest as well as Lucas Oil have been working hard to bring these issues to light. In addition to sharing information, we have made trips to Washington DC to meet with lawmakers. There are other groups that have also been sounding the alarm about the ELD Mandate. We need to do more and we need your help. If you have concerns about how the ELD Mandate and other regulations will impact your business or enjoying horses as a hobby, the time is now to act. Make sure to let others know about what is coming up. Share information and encourage others to do so as well. Get your local clubs and groups involved too. Most importantly, contact your Congressional Representative and let them know your concerns. They have heard from group representatives, now they need to hear from individuals, as many as possible. If we don’t act now, soon many of us including those that simply enjoy showing animals, or other hobbies that require a truck and trailer, will be required to install electronic logging devices on our vehicles. | |
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 Veteran
Posts: 268
    Location: 65 miles from the nearest Wal-Mart | Yes, I realize that. that's what makes it even more difficult. | |
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 Veteran
Posts: 268
    Location: 65 miles from the nearest Wal-Mart | Dash4KJ - 2017-11-30 7:53 PM My dad just sent me this.. "NOT FOR HIRE" IS NOT GOOD ENOUGH - HOW THE ELD MANDATE WILL IMPACT THE HORSE INDUSTRYAs a breeder, owner, trainer or competitor in the horse industry, it is important to understand the implications of the ELD Mandate that will be hitting the transportation industry in December of 2017. The facts are that unless we all speak up you may be required to install an electronic logging device (ELD) in your truck.There are some exemptions in place for farm or agricultural hauling where an ELD would not be required. However, many of the rigs used for hauling horses and the activities horse owners participate in, especially those that frequently travel to horse shows, fall outside the allowed exemptions. What is the ELD Mandate?In 2012, the United States Congress enacted the bill “Moving Ahead for Progress in the 21st Century that was introduced by President Obama. A part of this bill included a provision requiring the Federal Motor Carrier Safety Act (FMCSA) to develop a rule mandating the use of electronic logging devices (ELDs) on commercial vehicles.Do we have to comply since we are hauling horses, not cattle or other livestock?Yes, horses are livestock and are specifically listed in the transportation bill language. It is not just the horse industry that is facing the ELD Mandate. Families that show cattle, pigs and other livestock and travel long distances to show and compete will be impacted as well. It will also impact any other type of activity or hobby that requires a large vehicle and trailer and where there is the potential to win money in competitions. The ELD Mandate requires that your vehicle must be fitted with a device under the following conditions:• Your vehicle is a commercial vehicle (see below)• Your activities fall outside of the exemptions allowed for agriculture and livestock transportation. Most who show horses will fall outside of the exemption requirements. (see below)• You are required to obtain a Commercial Driver’s License due to the weight of your truck and trailer (see below) The “Not For Hire” myth:It is not uncommon to see “Not For Hire” graphics on trucks and horse trailers. The idea behind this is to avoid certain Federal Motor Carrier Safety Administration (FMCSA) regulations. This is an old fable that does not protect those hauling horses from fines for non-compliance. A “Not For Hire” sign on your rig will not protect you if it is determined that your truck and trailer fit into the commercial category or are being used for commercial purposes. Nor will it protect you if you are driving a vehicle and trailer that requires a commercial license.A recreational vehicle exemption does not always apply:Living quarters horse trailers can be classified as recreational vehicles for private use. This classification exempts both the truck and trailer from being considered commercial as well as the requirements for the driver to obtain a commercial driver’s license. However, if an officer or inspector determines that the truck and trailer is being used in “furtherance of a commercial enterprise”, then the driver and vehicle are out of compliance with FMCSA regulations which can result in fines and being detained for an extended period. For example, we have been made aware of situations where the owners of truck and trailers stopped by the Highway Patrol or other inspectors, were required to both obtain a Department of Transportation (DOT) number for their vehicle, and find a driver with a commercial driver’s license in order to resume their trip. In these cases, once the ELD Mandate is in effect, the drivers could also have been required to purchase and install an ELD unit. (see below for clarification about the meaning of “furtherance of a commercial enterprise”)What does an ELD do?The ELD or electronic logging device synchronizes with the engine of a vehicle and keeps track of hours of service. It logs driving time, vehicle speed, routes, and keeps track of mandated rest periods as well as other data points. Once the vehicle is in motion and reaches 5 miles per hour, the ELD keeps track of time for the next 14 hours – nonstop. Under the standard ELD regulations, there are no provisions to account for traffic, fueling, or loading and unloading. In those 14 hours, drivers are only allowed to drive for 11 hours. Because of this, drivers are forced to drive as much as they can during the 14 hours once the clock on the ELD starts. Ten-hour rest period:When the 14-hour limit has been reached, the ELD indicates to the driver that they must stop and “rest” for 10 consecutive hours. The ELD keeps track of any “infractions” – that is, going over the 14 hours as well as vehicle speed – and has reporting functions so inspectors can review the logs and fine drivers for infractions from days past. This means that those hauling horses will be required to stop their trip once the 14-hour threshold is reached and cannot resume travel until the 10-hour rest period has passed. If the threshold is breached, the ELD makes a record that can be reviewed by authorities and you can be fined. Have you noticed in the last several years all of the trucks that are parked along the side of the road? Have you noticed that on and off ramps and picnic and rest areas are sometimes filled up with trucks? Those typically are drivers that have reached their limit and have to immediately find a place to park their trucks to avoid costly violations. If you are required to install an ELD for your truck and horse trailer, this could easily happen to you too. Mandated breaks:According to the Hours of Service outlined in the Federal Motor Carriers Safety Administration rules, rest breaks are mandatory in addition to the ten-hour rest period. Commercial drivers are required to take a 30-minute break within the 11 hour driving period and cannot go past 8 hours without taking a break. This mandatory break is calculated from when the vehicle starts moving and is tracked by the ELD. It does not take into account any other stops or breaks that may have occurred within the 8-hour time period. The break must be 30 consecutive minutes. A driver cannot substitute the 30-minute break with a 10-minute break and later a 20-minute break. There is no getting around this as the ELD records and stores the 30 consecutive minute break periods and will subject the driver to penalty for a rule violation upon inspection. Additionally, the 30-minute break is included in the 14-hour time limit. What constitutes a Commercial Motor Vehicle (CMV) classification?• Are you writing off your truck or trailer as a business loss or expense on your tax returns? Tax write offs for your truck and trailer would make them fall under the commercial classification.• Are your truck and/or trailer being used for your business? If your truck or trailer is being used for your business, they fall under the commercial classification. If you are a trainer, your truck and trailer is used for business, there’s no doubt about it. If you are a non-pro or amateur competitor, your truck and trailer can be considered as used for business (see “furtherance of a commercial enterprise” explanation below). If you are a non-pro or amateur and breed horses and sell them, your truck and trailer are considered as used for business. • Do you only haul your own horses? If not and if you collect payment, (for example splitting fuel costs) to haul a friend or client’s horse to a show, to the trainer, to the vet, or to the breeder, your truck and trailer are considered commercial vehicles. • Have you won money competing with your horse or a client’s horse? Even though most often competing with horses is not profitable for a non-pro when calculating all the costs, the FMCSA could consider money won at a horse show or event, a profit. They can also consider hauling to an event with the intent or hopes of winning some money, as pursuing a profit. This definition of “profit” then classifies your truck and trailer as commercial. • Do you have sponsors? Do you have their stickers on your truck or trailer? Just about everyone knows a roper, rodeo or horse show contestant who has a “day job” (horseshoer as an example) that spends part of their time traveling to events to compete. In many cases, especially with rodeo events, (some associations have strict rules about sponsorships and others do not) they also have sponsors, whether its ropes, saddle pads, clothing or other equipment. Those sponsorships qualify as “furtherance of a commercial enterprise” and then puts them in the commercial category. • If your vehicle has a Gross Vehicle Weight Rating of more than 10,000 pounds and is used for your business or with the intent to make a profit (see “furtherance of a commercial enterprise” below”), or involved in interstate commerce, like going to horse shows out of your home state, it then falls into the commercial vehicle classification by the Federal Motor Carrier Safety Administration (FMCSA). What “furtherance of a commercial enterprise” means:The FMCSA rule has some language that is far reaching with significant ramifications for horse enthusiasts. The category “furtherance of a commercial enterprise” is one of the qualifications considered when determining whether a driver and their truck and trailer fall under the commercial classification and apply to the scenarios we have listed above. Here’s the information as outlined on the FMCSA website’s Q&A section:“ Question 21: 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 (b) 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. Drivers must confer with their State of licensure to determine the licensing provisions to which they are subject.”Do I need a Commercial Driver’s License?Your truck and trailer can be considered a commercial vehicle without the requirement that you obtain a Commercial Driver’s License (CDL). However, you will need to obtain a CDL if your vehicle fits the following categories: • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds. For example, if your dually has a GVWR of 10,000 pounds and your horse trailer has a GVWR more than 16,000 pounds, a commercial license is required. • Any single vehicle with a GVWR of 26,001 or more pounds. What is the GVWR (Gross Vehicle Weight Rating)?• The GVWR is the value specified by the manufacturer as the maximum loaded weight of a single vehicle or combination of vehicles, or the registered gross weight.What is the GCWR (Gross Combined Weight Rating)? • The GCWR is the value specified by the manufacturer as the GVWR of the power unit plus the GVWR of the towed unit or units, or the combined registered weight of the power unit plus the towed unit(s). The GCWR includes the passengers and cargo in the tow vehicle, plus the weight of the trailer and cargo in the trailer. What are the ongoing requirements for a Commercial Driver’s License?After passing the written and driving examination for a commercial license, including other steps such as a special medical examination, drug testing, and vehicle inspections, there are ongoing requirements for driving a vehicle that fall under the commercial classification. Each state has their own set of regulations in addition to the federal code so it is important to understand the laws in your state in regards to a commercial license. Do I need to have a Department of Transportation (DOT) number?Your vehicle may require a USDOT (Federal) number if your vehicle and travel meet the following conditions:• Your truck and trailer are considered commercial vehicles. This applies if you use your truck and trailer for business or for “furtherance of a commercial enterprise” (see above).• The GVWR is over 10,000 pounds• AND if you travel into other statesDepending on the state in which you live, you may also be required to obtain a State DOT if your truck and trailer are considered commercial vehicles. HOS or Hours of Service:Most drivers of commercial vehicles must comply with Federal Motor Carrier Safety Administration (FMCSA) Hours of Service. Hours of Service require that drivers can only be on the road for 11 hours of a 14 hour shift. However, with the ELD, and the fact that the machines start recording time from the moment wheels move past 5 miles per hour, drivers are not able to make allowances for traffic, loading and unloading, and taking a longer rest, or breaking up rest time. There are some exceptions to compliance with Hours of Service. They are listed below.ROD or Record of Duty:The Record of Duty (ROD) is a log book that every driver of a commercial vehicle must maintain and keep on file for 6 months. The following information must be logged into the ROD:• The status for each 24-hour period• Time must be recorded in duplicate• Time for Off Duty• Driving Time• Time spent sleeping• Time on duty but not driving• Each change in duty status that is recorded on the log must also include the name of the city/town/village and state.• Other supporting documentation must also be maintained to coincide with the ROD (log book) these include toll receipts, fuel receipts, and other documentation. If you have a commercial vehicle and your activities fall outside of the exemptions for farming and agriculture, you will be required to install an ELDIf you have a Commercial Driver’s License and therefore are required to follow the Hours of Service and keep a Record of Duty, you will be required to install an ELD Are there situations where we are not required to follow the Hours of Service (HOS) or install an ELD?Agricultural Use: Drivers transporting ‘agricultural commodities,’ including livestock, are exempt from the Hours of Service regulations while operating within 150 air-miles of the source of such commodities. Vehicles and drivers are exempt if they are not:• Hauling farther away than 150 miles and not more than 8 days in a 30 day period. To put this in perspective, if you travel to a horse show, and are driving more than 150 miles to reach the show grounds, your trip there and back counts as driving days. If you stay in a hotel instead of on the showgrounds, any driving to the show grounds counts as days. In this light, it is pretty easy to consume the 8 days in a 30 day period if you attend more than one horse show during that time, or go to horse shows that last an extended period of time. If you are traveling to horse shows frequently, and drive a dually with a 4+ horse trailer, you are more than likely to fall into the classification where an ELD is required on your vehicle. • Drivers of vehicles manufactured before 2000 are not required to implement an ELD.• Drivers will be required to use an ELD if they use a paper log more than 8 times in a rolling 30 day period. (Exceed 12 hours or more than 100 air miles from terminal). Once a driver has exceeded that threshold, they’ll have to drive an ELD equipped truck until their 30 day record drops to 8 or less paper log events. Short Haul: Short haul vehicles are exempt from the ELD Mandate. There are a few key components required to meet the FMCSA definition for short haul. You must:• Start and return to same location within 12 hours of duty time• Drive no more than 11 hours• Have ten consecutive hours off between shifts• Maintain your time clock function. Meaning, employees who are on the clock, punching in and out for work. • Not exceed a 100-mile radius from your starting locationWhat can we do about this government overreach?Representatives from Protect The Harvest as well as Lucas Oil have been working hard to bring these issues to light. In addition to sharing information, we have made trips to Washington DC to meet with lawmakers. There are other groups that have also been sounding the alarm about the ELD Mandate. We need to do more and we need your help. If you have concerns about how the ELD Mandate and other regulations will impact your business or enjoying horses as a hobby, the time is now to act. Make sure to let others know about what is coming up. Share information and encourage others to do so as well. Get your local clubs and groups involved too. Most importantly, contact your Congressional Representative and let them know your concerns. They have heard from group representatives, now they need to hear from individuals, as many as possible. If we don’t act now, soon many of us including those that simply enjoy showing animals, or other hobbies that require a truck and trailer, will be required to install electronic logging devices on our vehicles.
And that is the crux of this -- what makes the water even murkier... | |
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 Veteran
Posts: 268
    Location: 65 miles from the nearest Wal-Mart | Just thought I'd throw this out here too: http://changingears.com/rv-sec-state-rv-license.shtml. | |
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 Elite Veteran
Posts: 889
       Location: on the fine line between insanity and geniusness | Call me an asshat, BUT what about people pulling RVs going to stay at a casino?!? They are going hoping for the same profit taking the same gamble we are?!? Just a thought. | |
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Gettin Jiggy Wit It
Posts: 2734
    
| Ashley Lynn - 2017-12-01 10:50 AM
Call me an asshat, BUT what about people pulling RVs going to stay at a casino?!? They are going hoping for the same profit taking the same gamble we are?!? Just a thought.
Omg! Exactly! | |
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 Accident Prone
Posts: 22277
          Location: 100 miles from Nowhere, AR |
So are you subject only to the laws of the state in which you're licensed even when traveling across state lines? | |
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 Hugs to You
Posts: 7551
     Location: In The Land of Cotton | Three 4 Luck - 2017-12-01 12:13 PM So are you subject only to the laws of the state in which you're licensed even when traveling across state lines?
NO - it is federal law.
And then states can add on what they want.
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 I hate cooking and cleaning
Posts: 3314
     Location: Jersey Girl | I have read thru the ELD Mandate.....
If I understood it correctly if you haul with someone to split costs, you are considered commercial. If you travel out of state to a show, you are considered commercial.
I try and go a few times a year to a weekend race in PA, 170 miles away and my friend and I go together to split expenses. So just based on that, I would be required to get one installed in my personal truck. My dually GVW is 8600. Not sure how much with the trailer on....8ft short wall 3 horse. Guess I need to find that out.
Who do we complain to have this changed??? | |
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Expert
Posts: 2531
   Location: WI | fulltiltfilly - 2017-12-01 12:01 PM I have read thru the ELD Mandate.....
If I understood it correctly if you haul with someone to split costs, you are considered commercial. If you travel out of state to a show, you are considered commercial.
I try and go a few times a year to a weekend race in PA, 170 miles away and my friend and I go together to split expenses. So just based on that, I would be required to get one installed in my personal truck. My dually GVW is 8600. Not sure how much with the trailer on....8ft short wall 3 horse. Guess I need to find that out.
Who do we complain to have this changed???
AND, say I leave at 6am to get somewhere for exhibitions (2hr drive), and the race ends later than 3pm - I have to wait until 5am the next morning to drive home? | |
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 Guys Just Wanna Have Fun
Posts: 5530
   Location: OH | Trying to enforce trucks and horse trailers will get awfully sticky. They are saying a person needs a Class A CDL but that qualifies you to drive a semi truck and trailer. A guy right down the street from me got pulled over in his outfit for not having a CDL and got a ticket. He went and did the written part and got his permit and went to take the driving test. He went with his truck and trailer that he got the ticket with---they threw a fit saying he couldn't take the test in it, that it had to be a semi. He said, well---this is what I got the ticket in !!!!!!!!!! His ticket ended up getting thrown out. | |
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 I hate cooking and cleaning
Posts: 3314
     Location: Jersey Girl | linds - 2017-12-01 1:44 PM fulltiltfilly - 2017-12-01 12:01 PM I have read thru the ELD Mandate.....
If I understood it correctly if you haul with someone to split costs, you are considered commercial. If you travel out of state to a show, you are considered commercial.
I try and go a few times a year to a weekend race in PA, 170 miles away and my friend and I go together to split expenses. So just based on that, I would be required to get one installed in my personal truck. My dually GVW is 8600. Not sure how much with the trailer on....8ft short wall 3 horse. Guess I need to find that out.
Who do we complain to have this changed???
AND, say I leave at 6am to get somewhere for exhibitions (2hr drive), and the race ends later than 3pm - I have to wait until 5am the next morning to drive home?
I just don't know....based on what I read the clock starts ticking as soon as the vehicle moves over 5 mph. Any delays all count in the time.
Guess it would be the same if I go to that weekend race...? I leave at 11 am Friday but don't get back on the road til 2 pm Sunday. Its a 3 hour drive one way. | |
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 I hate cooking and cleaning
Posts: 3314
     Location: Jersey Girl | Mighty Broke - 2017-12-01 1:56 PM Trying to enforce trucks and horse trailers will get awfully sticky. They are saying a person needs a Class A CDL but that qualifies you to drive a semi truck and trailer. A guy right down the street from me got pulled over in his outfit for not having a CDL and got a ticket. He went and did the written part and got his permit and went to take the driving test. He went with his truck and trailer that he got the ticket with---they threw a fit saying he couldn't take the test in it, that it had to be a semi. He said, well---this is what I got the ticket in !!!!!!!!!! His ticket ended up getting thrown out.
Thats exactly what my husband said about getting a CDL. He drove truck for many many years. He said they prob wouldn't allow you to take the test in a pick up. | |
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Expert
Posts: 2531
   Location: WI | fulltiltfilly - 2017-12-01 1:19 PM
linds - 2017-12-01 1:44 PM fulltiltfilly - 2017-12-01 12:01 PM I have read thru the ELD Mandate.....
If I understood it correctly if you haul with someone to split costs, you are considered commercial. If you travel out of state to a show, you are considered commercial.
I try and go a few times a year to a weekend race in PA, 170 miles away and my friend and I go together to split expenses. So just based on that, I would be required to get one installed in my personal truck. My dually GVW is 8600. Not sure how much with the trailer on....8ft short wall 3 horse. Guess I need to find that out.
Who do we complain to have this changed???
AND, say I leave at 6am to get somewhere for exhibitions (2hr drive), and the race ends later than 3pm - I have to wait until 5am the next morning to drive home?
I just don't know....based on what I read the clock starts ticking as soon as the vehicle moves over 5 mph. Any delays all count in the time.
Guess it would be the same if I go to that weekend race...? I leave at 11 am Friday but don't get back on the road til 2 pm Sunday. Its a 3 hour drive one way.
In the scenario you described, you would be okay. BUT, better not unhook and go into town Saturday night for dinner (like I often do). If I go to dinner Saturday night at 8pm, my drive time lasts until 7am Sunday morning. Break time doesn't end until 5pm Sunday evening.
I hope I'm confused here? Can the rest time (10hours) start any earlier than 11hrs from the time you start driving? | |
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Expert
Posts: 2531
   Location: WI | Also, aren't we are all just one >$600 check away from being a business and it showing on our tax returns?
Edited by linds 2017-12-01 1:42 PM
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 Guys Just Wanna Have Fun
Posts: 5530
   Location: OH | linds - 2017-12-01 2:39 PM fulltiltfilly - 2017-12-01 1:19 PM linds - 2017-12-01 1:44 PM fulltiltfilly - 2017-12-01 12:01 PM I have read thru the ELD Mandate.....
If I understood it correctly if you haul with someone to split costs, you are considered commercial. If you travel out of state to a show, you are considered commercial.
I try and go a few times a year to a weekend race in PA, 170 miles away and my friend and I go together to split expenses. So just based on that, I would be required to get one installed in my personal truck. My dually GVW is 8600. Not sure how much with the trailer on....8ft short wall 3 horse. Guess I need to find that out.
Who do we complain to have this changed???
AND, say I leave at 6am to get somewhere for exhibitions (2hr drive), and the race ends later than 3pm - I have to wait until 5am the next morning to drive home? I just don't know....based on what I read the clock starts ticking as soon as the vehicle moves over 5 mph. Any delays all count in the time.
Guess it would be the same if I go to that weekend race...? I leave at 11 am Friday but don't get back on the road til 2 pm Sunday. Its a 3 hour drive one way. In the scenario you described, you would be okay. BUT, better not unhook and go into town Saturday night for dinner (like I often do ). If I go to dinner Saturday night at 8pm, my drive time lasts until 7am Sunday morning. Break time doesn't end until 5pm Sunday evening. I hope I'm confused here? Can the rest time (10hours ) start any earlier than 11hrs from the time you start driving?
Yes---it would go from when you went Off Duty. | |
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Married to a Louie Lover
Posts: 3303
    
| Mighty Broke - 2017-12-01 1:54 PM
linds - 2017-12-01 2:39 PM fulltiltfilly - 2017-12-01 1:19 PM linds - 2017-12-01 1:44 PM fulltiltfilly - 2017-12-01 12:01 PM I have read thru the ELD Mandate.....
If I understood it correctly if you haul with someone to split costs, you are considered commercial. If you travel out of state to a show, you are considered commercial.
I try and go a few times a year to a weekend race in PA, 170 miles away and my friend and I go together to split expenses. So just based on that, I would be required to get one installed in my personal truck. My dually GVW is 8600. Not sure how much with the trailer on....8ft short wall 3 horse. Guess I need to find that out.
Who do we complain to have this changed???
AND, say I leave at 6am to get somewhere for exhibitions (2hr drive), and the race ends later than 3pm - I have to wait until 5am the next morning to drive home? I just don't know....based on what I read the clock starts ticking as soon as the vehicle moves over 5 mph. Any delays all count in the time.
Guess it would be the same if I go to that weekend race...? I leave at 11 am Friday but don't get back on the road til 2 pm Sunday. Its a 3 hour drive one way. In the scenario you described, you would be okay. BUT, better not unhook and go into town Saturday night for dinner (like I often do ). If I go to dinner Saturday night at 8pm, my drive time lasts until 7am Sunday morning. Break time doesn't end until 5pm Sunday evening. I hope I'm confused here? Can the rest time (10hours ) start any earlier than 11hrs from the time you start driving?
Yes---it would go from when you went Off Duty.
But what is considered off duty? If I drive the dually to work without a trailer at 8am, go to lunch at noon, drive home and hook it to a trailer at 4pm to drive 2.5 hours to a rodeo...did my 14 hrs of drive time start at 8am or 4pm when I hooked onto the trailer and my 9900gvwr truck became a commercial vechicle?
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 Guys Just Wanna Have Fun
Posts: 5530
   Location: OH | OhMax - 2017-12-01 3:19 PM Mighty Broke - 2017-12-01 1:54 PM linds - 2017-12-01 2:39 PM fulltiltfilly - 2017-12-01 1:19 PM linds - 2017-12-01 1:44 PM fulltiltfilly - 2017-12-01 12:01 PM I have read thru the ELD Mandate.....
If I understood it correctly if you haul with someone to split costs, you are considered commercial. If you travel out of state to a show, you are considered commercial.
I try and go a few times a year to a weekend race in PA, 170 miles away and my friend and I go together to split expenses. So just based on that, I would be required to get one installed in my personal truck. My dually GVW is 8600. Not sure how much with the trailer on....8ft short wall 3 horse. Guess I need to find that out.
Who do we complain to have this changed???
AND, say I leave at 6am to get somewhere for exhibitions (2hr drive), and the race ends later than 3pm - I have to wait until 5am the next morning to drive home? I just don't know....based on what I read the clock starts ticking as soon as the vehicle moves over 5 mph. Any delays all count in the time.
Guess it would be the same if I go to that weekend race...? I leave at 11 am Friday but don't get back on the road til 2 pm Sunday. Its a 3 hour drive one way. In the scenario you described, you would be okay. BUT, better not unhook and go into town Saturday night for dinner (like I often do ). If I go to dinner Saturday night at 8pm, my drive time lasts until 7am Sunday morning. Break time doesn't end until 5pm Sunday evening. I hope I'm confused here? Can the rest time (10hours ) start any earlier than 11hrs from the time you start driving? Yes---it would go from when you went Off Duty. But what is considered off duty? If I drive the dually to work without a trailer at 8am, go to lunch at noon, drive home and hook it to a trailer at 4pm to drive 2.5 hours to a rodeo...did my 14 hrs of drive time start at 8am or 4pm when I hooked onto the trailer and my 9900gvwr truck became a commercial vechicle?
Your point is exactly why this will be practically unenforcable---but I am guessing it would be when you hooked to the trailer. Our ELD's have a personal coneyance mode on them---this is used when the truck is being test driven after a repair or when a driver takes it home to clean it on a weekend and such. I am thinking this is what would be used when you are using it as a personal vehicle. | |
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 Just a Yankee
Posts: 1239
    Location: Some where I haven't left yet | Mighty Broke - 2017-12-01 12:32 PM OhMax - 2017-12-01 3:19 PM Mighty Broke - 2017-12-01 1:54 PM linds - 2017-12-01 2:39 PM fulltiltfilly - 2017-12-01 1:19 PM linds - 2017-12-01 1:44 PM fulltiltfilly - 2017-12-01 12:01 PM I have read thru the ELD Mandate.....
If I understood it correctly if you haul with someone to split costs, you are considered commercial. If you travel out of state to a show, you are considered commercial.
I try and go a few times a year to a weekend race in PA, 170 miles away and my friend and I go together to split expenses. So just based on that, I would be required to get one installed in my personal truck. My dually GVW is 8600. Not sure how much with the trailer on....8ft short wall 3 horse. Guess I need to find that out.
Who do we complain to have this changed???
AND, say I leave at 6am to get somewhere for exhibitions (2hr drive), and the race ends later than 3pm - I have to wait until 5am the next morning to drive home? I just don't know....based on what I read the clock starts ticking as soon as the vehicle moves over 5 mph. Any delays all count in the time.
Guess it would be the same if I go to that weekend race...? I leave at 11 am Friday but don't get back on the road til 2 pm Sunday. Its a 3 hour drive one way. In the scenario you described, you would be okay. BUT, better not unhook and go into town Saturday night for dinner (like I often do ). If I go to dinner Saturday night at 8pm, my drive time lasts until 7am Sunday morning. Break time doesn't end until 5pm Sunday evening. I hope I'm confused here? Can the rest time (10hours ) start any earlier than 11hrs from the time you start driving? Yes---it would go from when you went Off Duty. But what is considered off duty? If I drive the dually to work without a trailer at 8am, go to lunch at noon, drive home and hook it to a trailer at 4pm to drive 2.5 hours to a rodeo...did my 14 hrs of drive time start at 8am or 4pm when I hooked onto the trailer and my 9900gvwr truck became a commercial vechicle? Your point is exactly why this will be practically unenforcable---but I am guessing it would be when you hooked to the trailer. Our ELD's have a personal coneyance mode on them---this is used when the truck is being test driven after a repair or when a driver takes it home to clean it on a weekend and such. I am thinking this is what would be used when you are using it as a personal vehicle.
The Problem is also - if you work during the week those are considered "on duty hours" even if you are NOT driving and in an office.
So you work 40 hours and some overtime, go to a big race over three days and "run out of hours" and go over the 14 hour rule etc. Where was the outrage over this Bull S**t law a couple of years ago? Also keep in mind if you have an older pickup (engine pre-2000) you can run "paper logs" so no ELD. Keep in mind the ELD is hooked to the computer of the truck. | |
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 Accident Prone
Posts: 22277
          Location: 100 miles from Nowhere, AR | 3canstorun - 2017-12-01 11:35 AM
Three 4 Luck - 2017-12-01 12:13 PM So are you subject only to the laws of the state in which you're licensed even when traveling across state lines?
NO - it is federal law.
And then states can add on what they want.
Read the link and you’ll see what I’m talking about. | |
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  More bootie than waist!
Posts: 18425
          Location: Riding Crackhead. | I personally think they have bigger fish to fry than horse people when it comes to the logs. The more people freak out and contact agencies asking tons of questions - the more the DOT is going to think they need to start checking into us. My husband is a commercial driver and has the ELS installed in his semi. He also said less is more when drawing attention to the horse people | |
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 Lived to tell about it and will never do it again
Posts: 5409
    
| What about tag team drivers? If going on a long drive we sometimes change drivers, how do the devices know of the change? | |
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 Just a Yankee
Posts: 1239
    Location: Some where I haven't left yet | euchee - 2017-12-01 6:44 PM What about tag team drivers? If going on a long drive we sometimes change drivers, how do the devices know of the change?
You have to go into the device and log driver 1 as not driving (sleeper birth) and driver 2 as on duty driving.
?I refuse to have ELD's so I've gone to pre-ELD trucks. I can't afford another monthly payment for a tattle tale. | |
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Married to a Louie Lover
Posts: 3303
    
| CYA Ranch - 2017-12-01 8:32 PM
I personally think they have bigger fish to fry than horse people when it comes to the logs. The more people freak out and contact agencies asking tons of questions - the more the DOT is going to think they need to start checking into us. My husband is a commercial driver and has the ELS installed in his semi. He also said less is more when drawing attention to the horse people
I generally agree with this when you’re in the process of driving from A to B. I think generally speaking the DOT doesn’t want to hassle with livestock on the side of the road either - especially in the summer.
More than likely we won’t do anything differently until we’re clearly instructed to.
The policing of specific events would concern me more, sitting outside large venues hosting big equine events or rodeos. | |
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 Go Your Own Way
Posts: 4947
        Location: SE KS | Lucylouwon - 2017-12-02 7:20 AM euchee - 2017-12-01 6:44 PM What about tag team drivers? If going on a long drive we sometimes change drivers, how do the devices know of the change? You have to go into the device and log driver 1 as not driving (sleeper birth) and driver 2 as on duty driving.
?I refuse to have ELD's so I've gone to pre-ELD trucks. I can't afford another monthly payment for a tattle tale. The divice records your driving time - not who is driving - and you have 14 hours to do an 11 hr drive trip - so if you goover - you are in violation. Just a tid bit here - if the law goes in to effect and you get cuaght and this law becomes where it affects us - it is felony and will go towards you on your record. A FELONY!!!!
My husband does OTR hauling liviestock - so it will affect us - if your trucks are 2000 or older you are not required to have an ELD> also for those that are saying I'm just headed to the vet or trail ride - the HP may just escort you to the vet or to your trail ride -..... keep that in mind. I'm sure they have bigger fish to fry - but you nenver know and I'm not willing to risk it....
Edited by Dinero10 2017-12-04 10:27 AM
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Nut Case Expert
Posts: 9305
      Location: Tulsa, Ok | I just pulled the regs for recreational vehicle exemptions in Oklahoma. I contend that my rig falls within those rules. That is my story and I am sticking to it until I am forced to a new tract!!! | |
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Extreme Veteran
Posts: 418
   
| Can you post a link, my daughter college rodeos out of oklahoma | |
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 Ima Non Controversial Girl
Posts: 4168
     Location: where the wind blows | This is so frustrating. Everything I've been reading sure seems to be a lot of grey areas and leaving it up to interpretation by whoever might stop you. I actually plan on getting my class 1 license as I know when I haul cattle for our farm I technically should have that here in Canada for the weight. But what's really got me irate is if I'm forced to put in one of these ELD for a maybe once a year trip into the states to go to a horse show. Will sure make me think twice about going south to compete. | |
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 ...Dot Dot Dot...
Posts: 2062
   Location: SW New Mexico | Dash4KJ - 2017-12-01 6:53 PM
My dad just sent me this.. "NOT FOR HIRE" IS NOT GOOD ENOUGH - HOW THE ELD MANDATE WILL IMPACT THE HORSE INDUSTRYAs a breeder, owner, trainer or competitor in the horse industry, it is important to understand the implications of the ELD Mandate that will be hitting the transportation industry in December of 2017. The facts are that unless we all speak up you may be required to install an electronic logging device (ELD) in your truck.There are some exemptions in place for farm or agricultural hauling where an ELD would not be required. However, many of the rigs used for hauling horses and the activities horse owners participate in, especially those that frequently travel to horse shows, fall outside the allowed exemptions. What is the ELD Mandate?In 2012, the United States Congress enacted the bill “Moving Ahead for Progress in the 21st Century that was introduced by President Obama. A part of this bill included a provision requiring the Federal Motor Carrier Safety Act (FMCSA) to develop a rule mandating the use of electronic logging devices (ELDs) on commercial vehicles.Do we have to comply since we are hauling horses, not cattle or other livestock?Yes, horses are livestock and are specifically listed in the transportation bill language. It is not just the horse industry that is facing the ELD Mandate. Families that show cattle, pigs and other livestock and travel long distances to show and compete will be impacted as well. It will also impact any other type of activity or hobby that requires a large vehicle and trailer and where there is the potential to win money in competitions. The ELD Mandate requires that your vehicle must be fitted with a device under the following conditions:• Your vehicle is a commercial vehicle (see below)• Your activities fall outside of the exemptions allowed for agriculture and livestock transportation. Most who show horses will fall outside of the exemption requirements. (see below)• You are required to obtain a Commercial Driver’s License due to the weight of your truck and trailer (see below) The “Not For Hire” myth:It is not uncommon to see “Not For Hire” graphics on trucks and horse trailers. The idea behind this is to avoid certain Federal Motor Carrier Safety Administration (FMCSA) regulations. This is an old fable that does not protect those hauling horses from fines for non-compliance. A “Not For Hire” sign on your rig will not protect you if it is determined that your truck and trailer fit into the commercial category or are being used for commercial purposes. Nor will it protect you if you are driving a vehicle and trailer that requires a commercial license.A recreational vehicle exemption does not always apply:Living quarters horse trailers can be classified as recreational vehicles for private use. This classification exempts both the truck and trailer from being considered commercial as well as the requirements for the driver to obtain a commercial driver’s license. However, if an officer or inspector determines that the truck and trailer is being used in “furtherance of a commercial enterprise”, then the driver and vehicle are out of compliance with FMCSA regulations which can result in fines and being detained for an extended period. For example, we have been made aware of situations where the owners of truck and trailers stopped by the Highway Patrol or other inspectors, were required to both obtain a Department of Transportation (DOT) number for their vehicle, and find a driver with a commercial driver’s license in order to resume their trip. In these cases, once the ELD Mandate is in effect, the drivers could also have been required to purchase and install an ELD unit. (see below for clarification about the meaning of “furtherance of a commercial enterprise”)What does an ELD do?The ELD or electronic logging device synchronizes with the engine of a vehicle and keeps track of hours of service. It logs driving time, vehicle speed, routes, and keeps track of mandated rest periods as well as other data points. Once the vehicle is in motion and reaches 5 miles per hour, the ELD keeps track of time for the next 14 hours – nonstop. Under the standard ELD regulations, there are no provisions to account for traffic, fueling, or loading and unloading. In those 14 hours, drivers are only allowed to drive for 11 hours. Because of this, drivers are forced to drive as much as they can during the 14 hours once the clock on the ELD starts. Ten-hour rest period:When the 14-hour limit has been reached, the ELD indicates to the driver that they must stop and “rest” for 10 consecutive hours. The ELD keeps track of any “infractions” – that is, going over the 14 hours as well as vehicle speed – and has reporting functions so inspectors can review the logs and fine drivers for infractions from days past. This means that those hauling horses will be required to stop their trip once the 14-hour threshold is reached and cannot resume travel until the 10-hour rest period has passed. If the threshold is breached, the ELD makes a record that can be reviewed by authorities and you can be fined. Have you noticed in the last several years all of the trucks that are parked along the side of the road? Have you noticed that on and off ramps and picnic and rest areas are sometimes filled up with trucks? Those typically are drivers that have reached their limit and have to immediately find a place to park their trucks to avoid costly violations. If you are required to install an ELD for your truck and horse trailer, this could easily happen to you too. Mandated breaks:According to the Hours of Service outlined in the Federal Motor Carriers Safety Administration rules, rest breaks are mandatory in addition to the ten-hour rest period. Commercial drivers are required to take a 30-minute break within the 11 hour driving period and cannot go past 8 hours without taking a break. This mandatory break is calculated from when the vehicle starts moving and is tracked by the ELD. It does not take into account any other stops or breaks that may have occurred within the 8-hour time period. The break must be 30 consecutive minutes. A driver cannot substitute the 30-minute break with a 10-minute break and later a 20-minute break. There is no getting around this as the ELD records and stores the 30 consecutive minute break periods and will subject the driver to penalty for a rule violation upon inspection. Additionally, the 30-minute break is included in the 14-hour time limit. What constitutes a Commercial Motor Vehicle (CMV) classification?• Are you writing off your truck or trailer as a business loss or expense on your tax returns? Tax write offs for your truck and trailer would make them fall under the commercial classification.• Are your truck and/or trailer being used for your business? If your truck or trailer is being used for your business, they fall under the commercial classification. If you are a trainer, your truck and trailer is used for business, there’s no doubt about it. If you are a non-pro or amateur competitor, your truck and trailer can be considered as used for business (see “furtherance of a commercial enterprise” explanation below). If you are a non-pro or amateur and breed horses and sell them, your truck and trailer are considered as used for business. • Do you only haul your own horses? If not and if you collect payment, (for example splitting fuel costs) to haul a friend or client’s horse to a show, to the trainer, to the vet, or to the breeder, your truck and trailer are considered commercial vehicles. • Have you won money competing with your horse or a client’s horse? Even though most often competing with horses is not profitable for a non-pro when calculating all the costs, the FMCSA could consider money won at a horse show or event, a profit. They can also consider hauling to an event with the intent or hopes of winning some money, as pursuing a profit. This definition of “profit” then classifies your truck and trailer as commercial. • Do you have sponsors? Do you have their stickers on your truck or trailer? Just about everyone knows a roper, rodeo or horse show contestant who has a “day job” (horseshoer as an example) that spends part of their time traveling to events to compete. In many cases, especially with rodeo events, (some associations have strict rules about sponsorships and others do not) they also have sponsors, whether its ropes, saddle pads, clothing or other equipment. Those sponsorships qualify as “furtherance of a commercial enterprise” and then puts them in the commercial category. • If your vehicle has a Gross Vehicle Weight Rating of more than 10,000 pounds and is used for your business or with the intent to make a profit (see “furtherance of a commercial enterprise” below”), or involved in interstate commerce, like going to horse shows out of your home state, it then falls into the commercial vehicle classification by the Federal Motor Carrier Safety Administration (FMCSA). What “furtherance of a commercial enterprise” means:The FMCSA rule has some language that is far reaching with significant ramifications for horse enthusiasts. The category “furtherance of a commercial enterprise” is one of the qualifications considered when determining whether a driver and their truck and trailer fall under the commercial classification and apply to the scenarios we have listed above. Here’s the information as outlined on the FMCSA website’s Q&A section:“ Question 21: 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 (b) 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. Drivers must confer with their State of licensure to determine the licensing provisions to which they are subject.”Do I need a Commercial Driver’s License?Your truck and trailer can be considered a commercial vehicle without the requirement that you obtain a Commercial Driver’s License (CDL). However, you will need to obtain a CDL if your vehicle fits the following categories: • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds. For example, if your dually has a GVWR of 10,000 pounds and your horse trailer has a GVWR more than 16,000 pounds, a commercial license is required. • Any single vehicle with a GVWR of 26,001 or more pounds. What is the GVWR (Gross Vehicle Weight Rating)?• The GVWR is the value specified by the manufacturer as the maximum loaded weight of a single vehicle or combination of vehicles, or the registered gross weight.What is the GCWR (Gross Combined Weight Rating)? • The GCWR is the value specified by the manufacturer as the GVWR of the power unit plus the GVWR of the towed unit or units, or the combined registered weight of the power unit plus the towed unit(s). The GCWR includes the passengers and cargo in the tow vehicle, plus the weight of the trailer and cargo in the trailer. What are the ongoing requirements for a Commercial Driver’s License?After passing the written and driving examination for a commercial license, including other steps such as a special medical examination, drug testing, and vehicle inspections, there are ongoing requirements for driving a vehicle that fall under the commercial classification. Each state has their own set of regulations in addition to the federal code so it is important to understand the laws in your state in regards to a commercial license. Do I need to have a Department of Transportation (DOT) number?Your vehicle may require a USDOT (Federal) number if your vehicle and travel meet the following conditions:• Your truck and trailer are considered commercial vehicles. This applies if you use your truck and trailer for business or for “furtherance of a commercial enterprise” (see above).• The GVWR is over 10,000 pounds• AND if you travel into other statesDepending on the state in which you live, you may also be required to obtain a State DOT if your truck and trailer are considered commercial vehicles. HOS or Hours of Service:Most drivers of commercial vehicles must comply with Federal Motor Carrier Safety Administration (FMCSA) Hours of Service. Hours of Service require that drivers can only be on the road for 11 hours of a 14 hour shift. However, with the ELD, and the fact that the machines start recording time from the moment wheels move past 5 miles per hour, drivers are not able to make allowances for traffic, loading and unloading, and taking a longer rest, or breaking up rest time. There are some exceptions to compliance with Hours of Service. They are listed below.ROD or Record of Duty:The Record of Duty (ROD) is a log book that every driver of a commercial vehicle must maintain and keep on file for 6 months. The following information must be logged into the ROD:• The status for each 24-hour period• Time must be recorded in duplicate• Time for Off Duty• Driving Time• Time spent sleeping• Time on duty but not driving• Each change in duty status that is recorded on the log must also include the name of the city/town/village and state.• Other supporting documentation must also be maintained to coincide with the ROD (log book) these include toll receipts, fuel receipts, and other documentation. If you have a commercial vehicle and your activities fall outside of the exemptions for farming and agriculture, you will be required to install an ELDIf you have a Commercial Driver’s License and therefore are required to follow the Hours of Service and keep a Record of Duty, you will be required to install an ELD Are there situations where we are not required to follow the Hours of Service (HOS) or install an ELD?Agricultural Use: Drivers transporting ‘agricultural commodities,’ including livestock, are exempt from the Hours of Service regulations while operating within 150 air-miles of the source of such commodities. Vehicles and drivers are exempt if they are not:• Hauling farther away than 150 miles and not more than 8 days in a 30 day period. To put this in perspective, if you travel to a horse show, and are driving more than 150 miles to reach the show grounds, your trip there and back counts as driving days. If you stay in a hotel instead of on the showgrounds, any driving to the show grounds counts as days. In this light, it is pretty easy to consume the 8 days in a 30 day period if you attend more than one horse show during that time, or go to horse shows that last an extended period of time. If you are traveling to horse shows frequently, and drive a dually with a 4+ horse trailer, you are more than likely to fall into the classification where an ELD is required on your vehicle. • Drivers of vehicles manufactured before 2000 are not required to implement an ELD.• Drivers will be required to use an ELD if they use a paper log more than 8 times in a rolling 30 day period. (Exceed 12 hours or more than 100 air miles from terminal). Once a driver has exceeded that threshold, they’ll have to drive an ELD equipped truck until their 30 day record drops to 8 or less paper log events. Short Haul: Short haul vehicles are exempt from the ELD Mandate. There are a few key components required to meet the FMCSA definition for short haul. You must:• Start and return to same location within 12 hours of duty time• Drive no more than 11 hours• Have ten consecutive hours off between shifts• Maintain your time clock function. Meaning, employees who are on the clock, punching in and out for work. • Not exceed a 100-mile radius from your starting locationWhat can we do about this government overreach?Representatives from Protect The Harvest as well as Lucas Oil have been working hard to bring these issues to light. In addition to sharing information, we have made trips to Washington DC to meet with lawmakers. There are other groups that have also been sounding the alarm about the ELD Mandate. We need to do more and we need your help. If you have concerns about how the ELD Mandate and other regulations will impact your business or enjoying horses as a hobby, the time is now to act. Make sure to let others know about what is coming up. Share information and encourage others to do so as well. Get your local clubs and groups involved too. Most importantly, contact your Congressional Representative and let them know your concerns. They have heard from group representatives, now they need to hear from individuals, as many as possible. If we don’t act now, soon many of us including those that simply enjoy showing animals, or other hobbies that require a truck and trailer, will be required to install electronic logging devices on our vehicles.
This morning after reading about this..
I contacted our local state representative in the southwest corner of New Mexico. I talked to Rebecca Dow about this she gave me a direct phone number to talk to Congressman Steve Pearce in Washington DC and to ask for Josh one of his aides.
I did so and amazingly enough I talked to Josh. He then told me I would like to do more research on this mandate. I got a call within 5 minutes from Ben Johnson another aide to Congressman Steve Pearce and he assured me that they are aware of this ELD mandate and they are going to try to delay implementation that was to start December 18th on the smaller private trucks and trailers that weigh 26.000 pounds GVWR... I was reassured that because of the nature of this mandate ....which was implemented in 2012 ...will be " studied "...thus the one year delay..
Mr.Johnson was very cordial and I stressed it will impact the smaller operators......Farmers... ranchers... horse people... show steers .....Etc.
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Gettin Jiggy Wit It
Posts: 2734
    
| jettster - 2017-12-04 10:12 PM
Dash4KJ - 2017-12-01 6:53 PM
My dad just sent me this.. "NOT FOR HIRE" IS NOT GOOD ENOUGH - HOW THE ELD MANDATE WILL IMPACT THE HORSE INDUSTRYAs a breeder, owner, trainer or competitor in the horse industry, it is important to understand the implications of the ELD Mandate that will be hitting the transportation industry in December of 2017. The facts are that unless we all speak up you may be required to install an electronic logging device (ELD) in your truck.There are some exemptions in place for farm or agricultural hauling where an ELD would not be required. However, many of the rigs used for hauling horses and the activities horse owners participate in, especially those that frequently travel to horse shows, fall outside the allowed exemptions. What is the ELD Mandate?In 2012, the United States Congress enacted the bill “Moving Ahead for Progress in the 21st Century that was introduced by President Obama. A part of this bill included a provision requiring the Federal Motor Carrier Safety Act (FMCSA) to develop a rule mandating the use of electronic logging devices (ELDs) on commercial vehicles.Do we have to comply since we are hauling horses, not cattle or other livestock?Yes, horses are livestock and are specifically listed in the transportation bill language. It is not just the horse industry that is facing the ELD Mandate. Families that show cattle, pigs and other livestock and travel long distances to show and compete will be impacted as well. It will also impact any other type of activity or hobby that requires a large vehicle and trailer and where there is the potential to win money in competitions. The ELD Mandate requires that your vehicle must be fitted with a device under the following conditions:• Your vehicle is a commercial vehicle (see below)• Your activities fall outside of the exemptions allowed for agriculture and livestock transportation. Most who show horses will fall outside of the exemption requirements. (see below)• You are required to obtain a Commercial Driver’s License due to the weight of your truck and trailer (see below) The “Not For Hire” myth:It is not uncommon to see “Not For Hire” graphics on trucks and horse trailers. The idea behind this is to avoid certain Federal Motor Carrier Safety Administration (FMCSA) regulations. This is an old fable that does not protect those hauling horses from fines for non-compliance. A “Not For Hire” sign on your rig will not protect you if it is determined that your truck and trailer fit into the commercial category or are being used for commercial purposes. Nor will it protect you if you are driving a vehicle and trailer that requires a commercial license.A recreational vehicle exemption does not always apply:Living quarters horse trailers can be classified as recreational vehicles for private use. This classification exempts both the truck and trailer from being considered commercial as well as the requirements for the driver to obtain a commercial driver’s license. However, if an officer or inspector determines that the truck and trailer is being used in “furtherance of a commercial enterprise”, then the driver and vehicle are out of compliance with FMCSA regulations which can result in fines and being detained for an extended period. For example, we have been made aware of situations where the owners of truck and trailers stopped by the Highway Patrol or other inspectors, were required to both obtain a Department of Transportation (DOT) number for their vehicle, and find a driver with a commercial driver’s license in order to resume their trip. In these cases, once the ELD Mandate is in effect, the drivers could also have been required to purchase and install an ELD unit. (see below for clarification about the meaning of “furtherance of a commercial enterprise”)What does an ELD do?The ELD or electronic logging device synchronizes with the engine of a vehicle and keeps track of hours of service. It logs driving time, vehicle speed, routes, and keeps track of mandated rest periods as well as other data points. Once the vehicle is in motion and reaches 5 miles per hour, the ELD keeps track of time for the next 14 hours – nonstop. Under the standard ELD regulations, there are no provisions to account for traffic, fueling, or loading and unloading. In those 14 hours, drivers are only allowed to drive for 11 hours. Because of this, drivers are forced to drive as much as they can during the 14 hours once the clock on the ELD starts. Ten-hour rest period:When the 14-hour limit has been reached, the ELD indicates to the driver that they must stop and “rest” for 10 consecutive hours. The ELD keeps track of any “infractions” – that is, going over the 14 hours as well as vehicle speed – and has reporting functions so inspectors can review the logs and fine drivers for infractions from days past. This means that those hauling horses will be required to stop their trip once the 14-hour threshold is reached and cannot resume travel until the 10-hour rest period has passed. If the threshold is breached, the ELD makes a record that can be reviewed by authorities and you can be fined. Have you noticed in the last several years all of the trucks that are parked along the side of the road? Have you noticed that on and off ramps and picnic and rest areas are sometimes filled up with trucks? Those typically are drivers that have reached their limit and have to immediately find a place to park their trucks to avoid costly violations. If you are required to install an ELD for your truck and horse trailer, this could easily happen to you too. Mandated breaks:According to the Hours of Service outlined in the Federal Motor Carriers Safety Administration rules, rest breaks are mandatory in addition to the ten-hour rest period. Commercial drivers are required to take a 30-minute break within the 11 hour driving period and cannot go past 8 hours without taking a break. This mandatory break is calculated from when the vehicle starts moving and is tracked by the ELD. It does not take into account any other stops or breaks that may have occurred within the 8-hour time period. The break must be 30 consecutive minutes. A driver cannot substitute the 30-minute break with a 10-minute break and later a 20-minute break. There is no getting around this as the ELD records and stores the 30 consecutive minute break periods and will subject the driver to penalty for a rule violation upon inspection. Additionally, the 30-minute break is included in the 14-hour time limit. What constitutes a Commercial Motor Vehicle (CMV) classification?• Are you writing off your truck or trailer as a business loss or expense on your tax returns? Tax write offs for your truck and trailer would make them fall under the commercial classification.• Are your truck and/or trailer being used for your business? If your truck or trailer is being used for your business, they fall under the commercial classification. If you are a trainer, your truck and trailer is used for business, there’s no doubt about it. If you are a non-pro or amateur competitor, your truck and trailer can be considered as used for business (see “furtherance of a commercial enterprise” explanation below). If you are a non-pro or amateur and breed horses and sell them, your truck and trailer are considered as used for business. • Do you only haul your own horses? If not and if you collect payment, (for example splitting fuel costs) to haul a friend or client’s horse to a show, to the trainer, to the vet, or to the breeder, your truck and trailer are considered commercial vehicles. • Have you won money competing with your horse or a client’s horse? Even though most often competing with horses is not profitable for a non-pro when calculating all the costs, the FMCSA could consider money won at a horse show or event, a profit. They can also consider hauling to an event with the intent or hopes of winning some money, as pursuing a profit. This definition of “profit” then classifies your truck and trailer as commercial. • Do you have sponsors? Do you have their stickers on your truck or trailer? Just about everyone knows a roper, rodeo or horse show contestant who has a “day job” (horseshoer as an example) that spends part of their time traveling to events to compete. In many cases, especially with rodeo events, (some associations have strict rules about sponsorships and others do not) they also have sponsors, whether its ropes, saddle pads, clothing or other equipment. Those sponsorships qualify as “furtherance of a commercial enterprise” and then puts them in the commercial category. • If your vehicle has a Gross Vehicle Weight Rating of more than 10,000 pounds and is used for your business or with the intent to make a profit (see “furtherance of a commercial enterprise” below”), or involved in interstate commerce, like going to horse shows out of your home state, it then falls into the commercial vehicle classification by the Federal Motor Carrier Safety Administration (FMCSA). What “furtherance of a commercial enterprise” means:The FMCSA rule has some language that is far reaching with significant ramifications for horse enthusiasts. The category “furtherance of a commercial enterprise” is one of the qualifications considered when determining whether a driver and their truck and trailer fall under the commercial classification and apply to the scenarios we have listed above. Here’s the information as outlined on the FMCSA website’s Q&A section:“ Question 21: 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 (b) 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. Drivers must confer with their State of licensure to determine the licensing provisions to which they are subject.”Do I need a Commercial Driver’s License?Your truck and trailer can be considered a commercial vehicle without the requirement that you obtain a Commercial Driver’s License (CDL). However, you will need to obtain a CDL if your vehicle fits the following categories: • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds. For example, if your dually has a GVWR of 10,000 pounds and your horse trailer has a GVWR more than 16,000 pounds, a commercial license is required. • Any single vehicle with a GVWR of 26,001 or more pounds. What is the GVWR (Gross Vehicle Weight Rating)?• The GVWR is the value specified by the manufacturer as the maximum loaded weight of a single vehicle or combination of vehicles, or the registered gross weight.What is the GCWR (Gross Combined Weight Rating)? • The GCWR is the value specified by the manufacturer as the GVWR of the power unit plus the GVWR of the towed unit or units, or the combined registered weight of the power unit plus the towed unit(s). The GCWR includes the passengers and cargo in the tow vehicle, plus the weight of the trailer and cargo in the trailer. What are the ongoing requirements for a Commercial Driver’s License?After passing the written and driving examination for a commercial license, including other steps such as a special medical examination, drug testing, and vehicle inspections, there are ongoing requirements for driving a vehicle that fall under the commercial classification. Each state has their own set of regulations in addition to the federal code so it is important to understand the laws in your state in regards to a commercial license. Do I need to have a Department of Transportation (DOT) number?Your vehicle may require a USDOT (Federal) number if your vehicle and travel meet the following conditions:• Your truck and trailer are considered commercial vehicles. This applies if you use your truck and trailer for business or for “furtherance of a commercial enterprise” (see above).• The GVWR is over 10,000 pounds• AND if you travel into other statesDepending on the state in which you live, you may also be required to obtain a State DOT if your truck and trailer are considered commercial vehicles. HOS or Hours of Service:Most drivers of commercial vehicles must comply with Federal Motor Carrier Safety Administration (FMCSA) Hours of Service. Hours of Service require that drivers can only be on the road for 11 hours of a 14 hour shift. However, with the ELD, and the fact that the machines start recording time from the moment wheels move past 5 miles per hour, drivers are not able to make allowances for traffic, loading and unloading, and taking a longer rest, or breaking up rest time. There are some exceptions to compliance with Hours of Service. They are listed below.ROD or Record of Duty:The Record of Duty (ROD) is a log book that every driver of a commercial vehicle must maintain and keep on file for 6 months. The following information must be logged into the ROD:• The status for each 24-hour period• Time must be recorded in duplicate• Time for Off Duty• Driving Time• Time spent sleeping• Time on duty but not driving• Each change in duty status that is recorded on the log must also include the name of the city/town/village and state.• Other supporting documentation must also be maintained to coincide with the ROD (log book) these include toll receipts, fuel receipts, and other documentation. If you have a commercial vehicle and your activities fall outside of the exemptions for farming and agriculture, you will be required to install an ELDIf you have a Commercial Driver’s License and therefore are required to follow the Hours of Service and keep a Record of Duty, you will be required to install an ELD Are there situations where we are not required to follow the Hours of Service (HOS) or install an ELD?Agricultural Use: Drivers transporting ‘agricultural commodities,’ including livestock, are exempt from the Hours of Service regulations while operating within 150 air-miles of the source of such commodities. Vehicles and drivers are exempt if they are not:• Hauling farther away than 150 miles and not more than 8 days in a 30 day period. To put this in perspective, if you travel to a horse show, and are driving more than 150 miles to reach the show grounds, your trip there and back counts as driving days. If you stay in a hotel instead of on the showgrounds, any driving to the show grounds counts as days. In this light, it is pretty easy to consume the 8 days in a 30 day period if you attend more than one horse show during that time, or go to horse shows that last an extended period of time. If you are traveling to horse shows frequently, and drive a dually with a 4+ horse trailer, you are more than likely to fall into the classification where an ELD is required on your vehicle. • Drivers of vehicles manufactured before 2000 are not required to implement an ELD.• Drivers will be required to use an ELD if they use a paper log more than 8 times in a rolling 30 day period. (Exceed 12 hours or more than 100 air miles from terminal). Once a driver has exceeded that threshold, they’ll have to drive an ELD equipped truck until their 30 day record drops to 8 or less paper log events. Short Haul: Short haul vehicles are exempt from the ELD Mandate. There are a few key components required to meet the FMCSA definition for short haul. You must:• Start and return to same location within 12 hours of duty time• Drive no more than 11 hours• Have ten consecutive hours off between shifts• Maintain your time clock function. Meaning, employees who are on the clock, punching in and out for work. • Not exceed a 100-mile radius from your starting locationWhat can we do about this government overreach?Representatives from Protect The Harvest as well as Lucas Oil have been working hard to bring these issues to light. In addition to sharing information, we have made trips to Washington DC to meet with lawmakers. There are other groups that have also been sounding the alarm about the ELD Mandate. We need to do more and we need your help. If you have concerns about how the ELD Mandate and other regulations will impact your business or enjoying horses as a hobby, the time is now to act. Make sure to let others know about what is coming up. Share information and encourage others to do so as well. Get your local clubs and groups involved too. Most importantly, contact your Congressional Representative and let them know your concerns. They have heard from group representatives, now they need to hear from individuals, as many as possible. If we don’t act now, soon many of us including those that simply enjoy showing animals, or other hobbies that require a truck and trailer, will be required to install electronic logging devices on our vehicles.
This morning after reading about this..
I contacted our local state representative in the southwest corner of New Mexico. I talked to Rebecca Dow about this she gave me a direct phone number to talk to Congressman Steve Pearce in Washington DC and to ask for Josh one of his aides.
I did so and amazingly enough I talked to Josh. He then told me I would like to do more research on this mandate. I got a call within 5 minutes from Ben Johnson another aide to Congressman Steve Pearce and he assured me that they are aware of this ELD mandate and they are going to try to delay implementation that was to start December 18th on the smaller private trucks and trailers that weigh 26.000 pounds GVWR... I was reassured that because of the nature of this mandate ....which was implemented in 2012 ...will be " studied "...thus the one year delay..
Mr.Johnson was very cordial and I stressed it will impact the smaller operators......Farmers... ranchers... horse people... show steers .....Etc.

Do you mean 26,000 and under or 26,001 and up? I still don't understand. If your vehicle is 26,000 lbs and under you do not need a CDL.... So then you shouldn't need an EDL... | |
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 I hate cooking and cleaning
Posts: 3314
     Location: Jersey Girl | WetSaddleBlankets - 2017-12-04 11:54 PM jettster - 2017-12-04 10:12 PM Dash4KJ - 2017-12-01 6:53 PM My dad just sent me this.. "NOT FOR HIRE" IS NOT GOOD ENOUGH - HOW THE ELD MANDATE WILL IMPACT THE HORSE INDUSTRYAs a breeder, owner, trainer or competitor in the horse industry, it is important to understand the implications of the ELD Mandate that will be hitting the transportation industry in December of 2017. The facts are that unless we all speak up you may be required to install an electronic logging device (ELD) in your truck.There are some exemptions in place for farm or agricultural hauling where an ELD would not be required. However, many of the rigs used for hauling horses and the activities horse owners participate in, especially those that frequently travel to horse shows, fall outside the allowed exemptions. What is the ELD Mandate?In 2012, the United States Congress enacted the bill “Moving Ahead for Progress in the 21st Century that was introduced by President Obama. A part of this bill included a provision requiring the Federal Motor Carrier Safety Act (FMCSA) to develop a rule mandating the use of electronic logging devices (ELDs) on commercial vehicles.Do we have to comply since we are hauling horses, not cattle or other livestock?Yes, horses are livestock and are specifically listed in the transportation bill language. It is not just the horse industry that is facing the ELD Mandate. Families that show cattle, pigs and other livestock and travel long distances to show and compete will be impacted as well. It will also impact any other type of activity or hobby that requires a large vehicle and trailer and where there is the potential to win money in competitions. The ELD Mandate requires that your vehicle must be fitted with a device under the following conditions:• Your vehicle is a commercial vehicle (see below)• Your activities fall outside of the exemptions allowed for agriculture and livestock transportation. Most who show horses will fall outside of the exemption requirements. (see below)• You are required to obtain a Commercial Driver’s License due to the weight of your truck and trailer (see below) The “Not For Hire” myth:It is not uncommon to see “Not For Hire” graphics on trucks and horse trailers. The idea behind this is to avoid certain Federal Motor Carrier Safety Administration (FMCSA) regulations. This is an old fable that does not protect those hauling horses from fines for non-compliance. A “Not For Hire” sign on your rig will not protect you if it is determined that your truck and trailer fit into the commercial category or are being used for commercial purposes. Nor will it protect you if you are driving a vehicle and trailer that requires a commercial license.A recreational vehicle exemption does not always apply:Living quarters horse trailers can be classified as recreational vehicles for private use. This classification exempts both the truck and trailer from being considered commercial as well as the requirements for the driver to obtain a commercial driver’s license. However, if an officer or inspector determines that the truck and trailer is being used in “furtherance of a commercial enterprise”, then the driver and vehicle are out of compliance with FMCSA regulations which can result in fines and being detained for an extended period. For example, we have been made aware of situations where the owners of truck and trailers stopped by the Highway Patrol or other inspectors, were required to both obtain a Department of Transportation (DOT) number for their vehicle, and find a driver with a commercial driver’s license in order to resume their trip. In these cases, once the ELD Mandate is in effect, the drivers could also have been required to purchase and install an ELD unit. (see below for clarification about the meaning of “furtherance of a commercial enterprise”)What does an ELD do?The ELD or electronic logging device synchronizes with the engine of a vehicle and keeps track of hours of service. It logs driving time, vehicle speed, routes, and keeps track of mandated rest periods as well as other data points. Once the vehicle is in motion and reaches 5 miles per hour, the ELD keeps track of time for the next 14 hours – nonstop. Under the standard ELD regulations, there are no provisions to account for traffic, fueling, or loading and unloading. In those 14 hours, drivers are only allowed to drive for 11 hours. Because of this, drivers are forced to drive as much as they can during the 14 hours once the clock on the ELD starts. Ten-hour rest period:When the 14-hour limit has been reached, the ELD indicates to the driver that they must stop and “rest” for 10 consecutive hours. The ELD keeps track of any “infractions” – that is, going over the 14 hours as well as vehicle speed – and has reporting functions so inspectors can review the logs and fine drivers for infractions from days past. This means that those hauling horses will be required to stop their trip once the 14-hour threshold is reached and cannot resume travel until the 10-hour rest period has passed. If the threshold is breached, the ELD makes a record that can be reviewed by authorities and you can be fined. Have you noticed in the last several years all of the trucks that are parked along the side of the road? Have you noticed that on and off ramps and picnic and rest areas are sometimes filled up with trucks? Those typically are drivers that have reached their limit and have to immediately find a place to park their trucks to avoid costly violations. If you are required to install an ELD for your truck and horse trailer, this could easily happen to you too. Mandated breaks:According to the Hours of Service outlined in the Federal Motor Carriers Safety Administration rules, rest breaks are mandatory in addition to the ten-hour rest period. Commercial drivers are required to take a 30-minute break within the 11 hour driving period and cannot go past 8 hours without taking a break. This mandatory break is calculated from when the vehicle starts moving and is tracked by the ELD. It does not take into account any other stops or breaks that may have occurred within the 8-hour time period. The break must be 30 consecutive minutes. A driver cannot substitute the 30-minute break with a 10-minute break and later a 20-minute break. There is no getting around this as the ELD records and stores the 30 consecutive minute break periods and will subject the driver to penalty for a rule violation upon inspection. Additionally, the 30-minute break is included in the 14-hour time limit. What constitutes a Commercial Motor Vehicle (CMV) classification?• Are you writing off your truck or trailer as a business loss or expense on your tax returns? Tax write offs for your truck and trailer would make them fall under the commercial classification.• Are your truck and/or trailer being used for your business? If your truck or trailer is being used for your business, they fall under the commercial classification. If you are a trainer, your truck and trailer is used for business, there’s no doubt about it. If you are a non-pro or amateur competitor, your truck and trailer can be considered as used for business (see “furtherance of a commercial enterprise” explanation below). If you are a non-pro or amateur and breed horses and sell them, your truck and trailer are considered as used for business. • Do you only haul your own horses? If not and if you collect payment, (for example splitting fuel costs) to haul a friend or client’s horse to a show, to the trainer, to the vet, or to the breeder, your truck and trailer are considered commercial vehicles. • Have you won money competing with your horse or a client’s horse? Even though most often competing with horses is not profitable for a non-pro when calculating all the costs, the FMCSA could consider money won at a horse show or event, a profit. They can also consider hauling to an event with the intent or hopes of winning some money, as pursuing a profit. This definition of “profit” then classifies your truck and trailer as commercial. • Do you have sponsors? Do you have their stickers on your truck or trailer? Just about everyone knows a roper, rodeo or horse show contestant who has a “day job” (horseshoer as an example) that spends part of their time traveling to events to compete. In many cases, especially with rodeo events, (some associations have strict rules about sponsorships and others do not) they also have sponsors, whether its ropes, saddle pads, clothing or other equipment. Those sponsorships qualify as “furtherance of a commercial enterprise” and then puts them in the commercial category. • If your vehicle has a Gross Vehicle Weight Rating of more than 10,000 pounds and is used for your business or with the intent to make a profit (see “furtherance of a commercial enterprise” below”), or involved in interstate commerce, like going to horse shows out of your home state, it then falls into the commercial vehicle classification by the Federal Motor Carrier Safety Administration (FMCSA). What “furtherance of a commercial enterprise” means:The FMCSA rule has some language that is far reaching with significant ramifications for horse enthusiasts. The category “furtherance of a commercial enterprise” is one of the qualifications considered when determining whether a driver and their truck and trailer fall under the commercial classification and apply to the scenarios we have listed above. Here’s the information as outlined on the FMCSA website’s Q&A section:“ Question 21: 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 (b) 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. Drivers must confer with their State of licensure to determine the licensing provisions to which they are subject.”Do I need a Commercial Driver’s License?Your truck and trailer can be considered a commercial vehicle without the requirement that you obtain a Commercial Driver’s License (CDL). However, you will need to obtain a CDL if your vehicle fits the following categories: • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds. For example, if your dually has a GVWR of 10,000 pounds and your horse trailer has a GVWR more than 16,000 pounds, a commercial license is required. • Any single vehicle with a GVWR of 26,001 or more pounds. What is the GVWR (Gross Vehicle Weight Rating)?• The GVWR is the value specified by the manufacturer as the maximum loaded weight of a single vehicle or combination of vehicles, or the registered gross weight.What is the GCWR (Gross Combined Weight Rating)? • The GCWR is the value specified by the manufacturer as the GVWR of the power unit plus the GVWR of the towed unit or units, or the combined registered weight of the power unit plus the towed unit(s). The GCWR includes the passengers and cargo in the tow vehicle, plus the weight of the trailer and cargo in the trailer. What are the ongoing requirements for a Commercial Driver’s License?After passing the written and driving examination for a commercial license, including other steps such as a special medical examination, drug testing, and vehicle inspections, there are ongoing requirements for driving a vehicle that fall under the commercial classification. Each state has their own set of regulations in addition to the federal code so it is important to understand the laws in your state in regards to a commercial license. Do I need to have a Department of Transportation (DOT) number?Your vehicle may require a USDOT (Federal) number if your vehicle and travel meet the following conditions:• Your truck and trailer are considered commercial vehicles. This applies if you use your truck and trailer for business or for “furtherance of a commercial enterprise” (see above).• The GVWR is over 10,000 pounds• AND if you travel into other statesDepending on the state in which you live, you may also be required to obtain a State DOT if your truck and trailer are considered commercial vehicles. HOS or Hours of Service:Most drivers of commercial vehicles must comply with Federal Motor Carrier Safety Administration (FMCSA) Hours of Service. Hours of Service require that drivers can only be on the road for 11 hours of a 14 hour shift. However, with the ELD, and the fact that the machines start recording time from the moment wheels move past 5 miles per hour, drivers are not able to make allowances for traffic, loading and unloading, and taking a longer rest, or breaking up rest time. There are some exceptions to compliance with Hours of Service. They are listed below.ROD or Record of Duty:The Record of Duty (ROD) is a log book that every driver of a commercial vehicle must maintain and keep on file for 6 months. The following information must be logged into the ROD:• The status for each 24-hour period• Time must be recorded in duplicate• Time for Off Duty• Driving Time• Time spent sleeping• Time on duty but not driving• Each change in duty status that is recorded on the log must also include the name of the city/town/village and state.• Other supporting documentation must also be maintained to coincide with the ROD (log book) these include toll receipts, fuel receipts, and other documentation. If you have a commercial vehicle and your activities fall outside of the exemptions for farming and agriculture, you will be required to install an ELDIf you have a Commercial Driver’s License and therefore are required to follow the Hours of Service and keep a Record of Duty, you will be required to install an ELD Are there situations where we are not required to follow the Hours of Service (HOS) or install an ELD?Agricultural Use: Drivers transporting ‘agricultural commodities,’ including livestock, are exempt from the Hours of Service regulations while operating within 150 air-miles of the source of such commodities. Vehicles and drivers are exempt if they are not:• Hauling farther away than 150 miles and not more than 8 days in a 30 day period. To put this in perspective, if you travel to a horse show, and are driving more than 150 miles to reach the show grounds, your trip there and back counts as driving days. If you stay in a hotel instead of on the showgrounds, any driving to the show grounds counts as days. In this light, it is pretty easy to consume the 8 days in a 30 day period if you attend more than one horse show during that time, or go to horse shows that last an extended period of time. If you are traveling to horse shows frequently, and drive a dually with a 4+ horse trailer, you are more than likely to fall into the classification where an ELD is required on your vehicle. • Drivers of vehicles manufactured before 2000 are not required to implement an ELD.• Drivers will be required to use an ELD if they use a paper log more than 8 times in a rolling 30 day period. (Exceed 12 hours or more than 100 air miles from terminal). Once a driver has exceeded that threshold, they’ll have to drive an ELD equipped truck until their 30 day record drops to 8 or less paper log events. Short Haul: Short haul vehicles are exempt from the ELD Mandate. There are a few key components required to meet the FMCSA definition for short haul. You must:• Start and return to same location within 12 hours of duty time• Drive no more than 11 hours• Have ten consecutive hours off between shifts• Maintain your time clock function. Meaning, employees who are on the clock, punching in and out for work. • Not exceed a 100-mile radius from your starting locationWhat can we do about this government overreach?Representatives from Protect The Harvest as well as Lucas Oil have been working hard to bring these issues to light. In addition to sharing information, we have made trips to Washington DC to meet with lawmakers. There are other groups that have also been sounding the alarm about the ELD Mandate. We need to do more and we need your help. If you have concerns about how the ELD Mandate and other regulations will impact your business or enjoying horses as a hobby, the time is now to act. Make sure to let others know about what is coming up. Share information and encourage others to do so as well. Get your local clubs and groups involved too. Most importantly, contact your Congressional Representative and let them know your concerns. They have heard from group representatives, now they need to hear from individuals, as many as possible. If we don’t act now, soon many of us including those that simply enjoy showing animals, or other hobbies that require a truck and trailer, will be required to install electronic logging devices on our vehicles. This morning after reading about this.. I contacted our local state representative in the southwest corner of New Mexico. I talked to Rebecca Dow about this she gave me a direct phone number to talk to Congressman Steve Pearce in Washington DC and to ask for Josh one of his aides. I did so and amazingly enough I talked to Josh. He then told me I would like to do more research on this mandate. I got a call within 5 minutes from Ben Johnson another aide to Congressman Steve Pearce and he assured me that they are aware of this ELD mandate and they are going to try to delay implementation that was to start December 18th on the smaller private trucks and trailers that weigh 26.000 pounds GVWR... I was reassured that because of the nature of this mandate ....which was implemented in 2012 ...will be " studied "...thus the one year delay.. Mr.Johnson was very cordial and I stressed it will impact the smaller operators......Farmers... ranchers... horse people... show steers .....Etc.  Do you mean 26,000 and under or 26,001 and up? I still don't understand. If your vehicle is 26,000 lbs and under you do not need a CDL.... So then you shouldn't need an EDL...
According to the new mandate (at least the way I understood it) you can still be less then 26000 lbs and if you meet one of the other criteria they would still consider you commercial. | |
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 Hugs to You
Posts: 7551
     Location: In The Land of Cotton | WetSaddleBlankets - 2017-12-04 11:54 PM jettster - 2017-12-04 10:12 PM Dash4KJ - 2017-12-01 6:53 PM My dad just sent me this.. "NOT FOR HIRE" IS NOT GOOD ENOUGH - HOW THE ELD MANDATE WILL IMPACT THE HORSE INDUSTRYAs a breeder, owner, trainer or competitor in the horse industry, it is important to understand the implications of the ELD Mandate that will be hitting the transportation industry in December of 2017. The facts are that unless we all speak up you may be required to install an electronic logging device (ELD) in your truck.There are some exemptions in place for farm or agricultural hauling where an ELD would not be required. However, many of the rigs used for hauling horses and the activities horse owners participate in, especially those that frequently travel to horse shows, fall outside the allowed exemptions. What is the ELD Mandate?In 2012, the United States Congress enacted the bill “Moving Ahead for Progress in the 21st Century that was introduced by President Obama. A part of this bill included a provision requiring the Federal Motor Carrier Safety Act (FMCSA) to develop a rule mandating the use of electronic logging devices (ELDs) on commercial vehicles.Do we have to comply since we are hauling horses, not cattle or other livestock?Yes, horses are livestock and are specifically listed in the transportation bill language. It is not just the horse industry that is facing the ELD Mandate. Families that show cattle, pigs and other livestock and travel long distances to show and compete will be impacted as well. It will also impact any other type of activity or hobby that requires a large vehicle and trailer and where there is the potential to win money in competitions. The ELD Mandate requires that your vehicle must be fitted with a device under the following conditions:• Your vehicle is a commercial vehicle (see below)• Your activities fall outside of the exemptions allowed for agriculture and livestock transportation. Most who show horses will fall outside of the exemption requirements. (see below)• You are required to obtain a Commercial Driver’s License due to the weight of your truck and trailer (see below) The “Not For Hire” myth:It is not uncommon to see “Not For Hire” graphics on trucks and horse trailers. The idea behind this is to avoid certain Federal Motor Carrier Safety Administration (FMCSA) regulations. This is an old fable that does not protect those hauling horses from fines for non-compliance. A “Not For Hire” sign on your rig will not protect you if it is determined that your truck and trailer fit into the commercial category or are being used for commercial purposes. Nor will it protect you if you are driving a vehicle and trailer that requires a commercial license.A recreational vehicle exemption does not always apply:Living quarters horse trailers can be classified as recreational vehicles for private use. This classification exempts both the truck and trailer from being considered commercial as well as the requirements for the driver to obtain a commercial driver’s license. However, if an officer or inspector determines that the truck and trailer is being used in “furtherance of a commercial enterprise”, then the driver and vehicle are out of compliance with FMCSA regulations which can result in fines and being detained for an extended period. For example, we have been made aware of situations where the owners of truck and trailers stopped by the Highway Patrol or other inspectors, were required to both obtain a Department of Transportation (DOT) number for their vehicle, and find a driver with a commercial driver’s license in order to resume their trip. In these cases, once the ELD Mandate is in effect, the drivers could also have been required to purchase and install an ELD unit. (see below for clarification about the meaning of “furtherance of a commercial enterprise”)What does an ELD do?The ELD or electronic logging device synchronizes with the engine of a vehicle and keeps track of hours of service. It logs driving time, vehicle speed, routes, and keeps track of mandated rest periods as well as other data points. Once the vehicle is in motion and reaches 5 miles per hour, the ELD keeps track of time for the next 14 hours – nonstop. Under the standard ELD regulations, there are no provisions to account for traffic, fueling, or loading and unloading. In those 14 hours, drivers are only allowed to drive for 11 hours. Because of this, drivers are forced to drive as much as they can during the 14 hours once the clock on the ELD starts. Ten-hour rest period:When the 14-hour limit has been reached, the ELD indicates to the driver that they must stop and “rest” for 10 consecutive hours. The ELD keeps track of any “infractions” – that is, going over the 14 hours as well as vehicle speed – and has reporting functions so inspectors can review the logs and fine drivers for infractions from days past. This means that those hauling horses will be required to stop their trip once the 14-hour threshold is reached and cannot resume travel until the 10-hour rest period has passed. If the threshold is breached, the ELD makes a record that can be reviewed by authorities and you can be fined. Have you noticed in the last several years all of the trucks that are parked along the side of the road? Have you noticed that on and off ramps and picnic and rest areas are sometimes filled up with trucks? Those typically are drivers that have reached their limit and have to immediately find a place to park their trucks to avoid costly violations. If you are required to install an ELD for your truck and horse trailer, this could easily happen to you too. Mandated breaks:According to the Hours of Service outlined in the Federal Motor Carriers Safety Administration rules, rest breaks are mandatory in addition to the ten-hour rest period. Commercial drivers are required to take a 30-minute break within the 11 hour driving period and cannot go past 8 hours without taking a break. This mandatory break is calculated from when the vehicle starts moving and is tracked by the ELD. It does not take into account any other stops or breaks that may have occurred within the 8-hour time period. The break must be 30 consecutive minutes. A driver cannot substitute the 30-minute break with a 10-minute break and later a 20-minute break. There is no getting around this as the ELD records and stores the 30 consecutive minute break periods and will subject the driver to penalty for a rule violation upon inspection. Additionally, the 30-minute break is included in the 14-hour time limit. What constitutes a Commercial Motor Vehicle (CMV) classification?• Are you writing off your truck or trailer as a business loss or expense on your tax returns? Tax write offs for your truck and trailer would make them fall under the commercial classification.• Are your truck and/or trailer being used for your business? If your truck or trailer is being used for your business, they fall under the commercial classification. If you are a trainer, your truck and trailer is used for business, there’s no doubt about it. If you are a non-pro or amateur competitor, your truck and trailer can be considered as used for business (see “furtherance of a commercial enterprise” explanation below). If you are a non-pro or amateur and breed horses and sell them, your truck and trailer are considered as used for business. • Do you only haul your own horses? If not and if you collect payment, (for example splitting fuel costs) to haul a friend or client’s horse to a show, to the trainer, to the vet, or to the breeder, your truck and trailer are considered commercial vehicles. • Have you won money competing with your horse or a client’s horse? Even though most often competing with horses is not profitable for a non-pro when calculating all the costs, the FMCSA could consider money won at a horse show or event, a profit. They can also consider hauling to an event with the intent or hopes of winning some money, as pursuing a profit. This definition of “profit” then classifies your truck and trailer as commercial. • Do you have sponsors? Do you have their stickers on your truck or trailer? Just about everyone knows a roper, rodeo or horse show contestant who has a “day job” (horseshoer as an example) that spends part of their time traveling to events to compete. In many cases, especially with rodeo events, (some associations have strict rules about sponsorships and others do not) they also have sponsors, whether its ropes, saddle pads, clothing or other equipment. Those sponsorships qualify as “furtherance of a commercial enterprise” and then puts them in the commercial category. • If your vehicle has a Gross Vehicle Weight Rating of more than 10,000 pounds and is used for your business or with the intent to make a profit (see “furtherance of a commercial enterprise” below”), or involved in interstate commerce, like going to horse shows out of your home state, it then falls into the commercial vehicle classification by the Federal Motor Carrier Safety Administration (FMCSA). What “furtherance of a commercial enterprise” means:The FMCSA rule has some language that is far reaching with significant ramifications for horse enthusiasts. The category “furtherance of a commercial enterprise” is one of the qualifications considered when determining whether a driver and their truck and trailer fall under the commercial classification and apply to the scenarios we have listed above. Here’s the information as outlined on the FMCSA website’s Q&A section:“ Question 21: 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 (b) 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. Drivers must confer with their State of licensure to determine the licensing provisions to which they are subject.”Do I need a Commercial Driver’s License?Your truck and trailer can be considered a commercial vehicle without the requirement that you obtain a Commercial Driver’s License (CDL). However, you will need to obtain a CDL if your vehicle fits the following categories: • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds. For example, if your dually has a GVWR of 10,000 pounds and your horse trailer has a GVWR more than 16,000 pounds, a commercial license is required. • Any single vehicle with a GVWR of 26,001 or more pounds. What is the GVWR (Gross Vehicle Weight Rating)?• The GVWR is the value specified by the manufacturer as the maximum loaded weight of a single vehicle or combination of vehicles, or the registered gross weight.What is the GCWR (Gross Combined Weight Rating)? • The GCWR is the value specified by the manufacturer as the GVWR of the power unit plus the GVWR of the towed unit or units, or the combined registered weight of the power unit plus the towed unit(s). The GCWR includes the passengers and cargo in the tow vehicle, plus the weight of the trailer and cargo in the trailer. What are the ongoing requirements for a Commercial Driver’s License?After passing the written and driving examination for a commercial license, including other steps such as a special medical examination, drug testing, and vehicle inspections, there are ongoing requirements for driving a vehicle that fall under the commercial classification. Each state has their own set of regulations in addition to the federal code so it is important to understand the laws in your state in regards to a commercial license. Do I need to have a Department of Transportation (DOT) number?Your vehicle may require a USDOT (Federal) number if your vehicle and travel meet the following conditions:• Your truck and trailer are considered commercial vehicles. This applies if you use your truck and trailer for business or for “furtherance of a commercial enterprise” (see above).• The GVWR is over 10,000 pounds• AND if you travel into other statesDepending on the state in which you live, you may also be required to obtain a State DOT if your truck and trailer are considered commercial vehicles. HOS or Hours of Service:Most drivers of commercial vehicles must comply with Federal Motor Carrier Safety Administration (FMCSA) Hours of Service. Hours of Service require that drivers can only be on the road for 11 hours of a 14 hour shift. However, with the ELD, and the fact that the machines start recording time from the moment wheels move past 5 miles per hour, drivers are not able to make allowances for traffic, loading and unloading, and taking a longer rest, or breaking up rest time. There are some exceptions to compliance with Hours of Service. They are listed below.ROD or Record of Duty:The Record of Duty (ROD) is a log book that every driver of a commercial vehicle must maintain and keep on file for 6 months. The following information must be logged into the ROD:• The status for each 24-hour period• Time must be recorded in duplicate• Time for Off Duty• Driving Time• Time spent sleeping• Time on duty but not driving• Each change in duty status that is recorded on the log must also include the name of the city/town/village and state.• Other supporting documentation must also be maintained to coincide with the ROD (log book) these include toll receipts, fuel receipts, and other documentation. If you have a commercial vehicle and your activities fall outside of the exemptions for farming and agriculture, you will be required to install an ELDIf you have a Commercial Driver’s License and therefore are required to follow the Hours of Service and keep a Record of Duty, you will be required to install an ELD Are there situations where we are not required to follow the Hours of Service (HOS) or install an ELD?Agricultural Use: Drivers transporting ‘agricultural commodities,’ including livestock, are exempt from the Hours of Service regulations while operating within 150 air-miles of the source of such commodities. Vehicles and drivers are exempt if they are not:• Hauling farther away than 150 miles and not more than 8 days in a 30 day period. To put this in perspective, if you travel to a horse show, and are driving more than 150 miles to reach the show grounds, your trip there and back counts as driving days. If you stay in a hotel instead of on the showgrounds, any driving to the show grounds counts as days. In this light, it is pretty easy to consume the 8 days in a 30 day period if you attend more than one horse show during that time, or go to horse shows that last an extended period of time. If you are traveling to horse shows frequently, and drive a dually with a 4+ horse trailer, you are more than likely to fall into the classification where an ELD is required on your vehicle. • Drivers of vehicles manufactured before 2000 are not required to implement an ELD.• Drivers will be required to use an ELD if they use a paper log more than 8 times in a rolling 30 day period. (Exceed 12 hours or more than 100 air miles from terminal). Once a driver has exceeded that threshold, they’ll have to drive an ELD equipped truck until their 30 day record drops to 8 or less paper log events. Short Haul: Short haul vehicles are exempt from the ELD Mandate. There are a few key components required to meet the FMCSA definition for short haul. You must:• Start and return to same location within 12 hours of duty time• Drive no more than 11 hours• Have ten consecutive hours off between shifts• Maintain your time clock function. Meaning, employees who are on the clock, punching in and out for work. • Not exceed a 100-mile radius from your starting locationWhat can we do about this government overreach?Representatives from Protect The Harvest as well as Lucas Oil have been working hard to bring these issues to light. In addition to sharing information, we have made trips to Washington DC to meet with lawmakers. There are other groups that have also been sounding the alarm about the ELD Mandate. We need to do more and we need your help. If you have concerns about how the ELD Mandate and other regulations will impact your business or enjoying horses as a hobby, the time is now to act. Make sure to let others know about what is coming up. Share information and encourage others to do so as well. Get your local clubs and groups involved too. Most importantly, contact your Congressional Representative and let them know your concerns. They have heard from group representatives, now they need to hear from individuals, as many as possible. If we don’t act now, soon many of us including those that simply enjoy showing animals, or other hobbies that require a truck and trailer, will be required to install electronic logging devices on our vehicles. This morning after reading about this.. I contacted our local state representative in the southwest corner of New Mexico. I talked to Rebecca Dow about this she gave me a direct phone number to talk to Congressman Steve Pearce in Washington DC and to ask for Josh one of his aides. I did so and amazingly enough I talked to Josh. He then told me I would like to do more research on this mandate. I got a call within 5 minutes from Ben Johnson another aide to Congressman Steve Pearce and he assured me that they are aware of this ELD mandate and they are going to try to delay implementation that was to start December 18th on the smaller private trucks and trailers that weigh 26.000 pounds GVWR... I was reassured that because of the nature of this mandate ....which was implemented in 2012 ...will be " studied "...thus the one year delay.. Mr.Johnson was very cordial and I stressed it will impact the smaller operators......Farmers... ranchers... horse people... show steers .....Etc.  Do you mean 26,000 and under or 26,001 and up? I still don't understand. If your vehicle is 26,000 lbs and under you do not need a CDL.... So then you shouldn't need an EDL...
You have never needed a CDL for 26001 lbs and under. However, if you weigh more then 10,001 lbs you must have a medical card. And, you also should have a drivers file at home. After 26001 lbs, you must have a CDL and medical card. A drivers file, random drug tests, and files on when repairs are done by your certified DOT mechanic. The log book comes into play if you are over 150 miles from your home base.
That being said - I doubt most people do what is legally required by law.
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Extreme Veteran
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| 3canstorun - 2017-12-05 12:23 PM WetSaddleBlankets - 2017-12-04 11:54 PM jettster - 2017-12-04 10:12 PM Dash4KJ - 2017-12-01 6:53 PM My dad just sent me this.. "NOT FOR HIRE" IS NOT GOOD ENOUGH - HOW THE ELD MANDATE WILL IMPACT THE HORSE INDUSTRYAs a breeder, owner, trainer or competitor in the horse industry, it is important to understand the implications of the ELD Mandate that will be hitting the transportation industry in December of 2017. The facts are that unless we all speak up you may be required to install an electronic logging device (ELD) in your truck.There are some exemptions in place for farm or agricultural hauling where an ELD would not be required. However, many of the rigs used for hauling horses and the activities horse owners participate in, especially those that frequently travel to horse shows, fall outside the allowed exemptions. What is the ELD Mandate?In 2012, the United States Congress enacted the bill “Moving Ahead for Progress in the 21st Century that was introduced by President Obama. A part of this bill included a provision requiring the Federal Motor Carrier Safety Act (FMCSA) to develop a rule mandating the use of electronic logging devices (ELDs) on commercial vehicles.Do we have to comply since we are hauling horses, not cattle or other livestock?Yes, horses are livestock and are specifically listed in the transportation bill language. It is not just the horse industry that is facing the ELD Mandate. Families that show cattle, pigs and other livestock and travel long distances to show and compete will be impacted as well. It will also impact any other type of activity or hobby that requires a large vehicle and trailer and where there is the potential to win money in competitions. The ELD Mandate requires that your vehicle must be fitted with a device under the following conditions:• Your vehicle is a commercial vehicle (see below)• Your activities fall outside of the exemptions allowed for agriculture and livestock transportation. Most who show horses will fall outside of the exemption requirements. (see below)• You are required to obtain a Commercial Driver’s License due to the weight of your truck and trailer (see below) The “Not For Hire” myth:It is not uncommon to see “Not For Hire” graphics on trucks and horse trailers. The idea behind this is to avoid certain Federal Motor Carrier Safety Administration (FMCSA) regulations. This is an old fable that does not protect those hauling horses from fines for non-compliance. A “Not For Hire” sign on your rig will not protect you if it is determined that your truck and trailer fit into the commercial category or are being used for commercial purposes. Nor will it protect you if you are driving a vehicle and trailer that requires a commercial license.A recreational vehicle exemption does not always apply:Living quarters horse trailers can be classified as recreational vehicles for private use. This classification exempts both the truck and trailer from being considered commercial as well as the requirements for the driver to obtain a commercial driver’s license. However, if an officer or inspector determines that the truck and trailer is being used in “furtherance of a commercial enterprise”, then the driver and vehicle are out of compliance with FMCSA regulations which can result in fines and being detained for an extended period. For example, we have been made aware of situations where the owners of truck and trailers stopped by the Highway Patrol or other inspectors, were required to both obtain a Department of Transportation (DOT) number for their vehicle, and find a driver with a commercial driver’s license in order to resume their trip. In these cases, once the ELD Mandate is in effect, the drivers could also have been required to purchase and install an ELD unit. (see below for clarification about the meaning of “furtherance of a commercial enterprise”)What does an ELD do?The ELD or electronic logging device synchronizes with the engine of a vehicle and keeps track of hours of service. It logs driving time, vehicle speed, routes, and keeps track of mandated rest periods as well as other data points. Once the vehicle is in motion and reaches 5 miles per hour, the ELD keeps track of time for the next 14 hours – nonstop. Under the standard ELD regulations, there are no provisions to account for traffic, fueling, or loading and unloading. In those 14 hours, drivers are only allowed to drive for 11 hours. Because of this, drivers are forced to drive as much as they can during the 14 hours once the clock on the ELD starts. Ten-hour rest period:When the 14-hour limit has been reached, the ELD indicates to the driver that they must stop and “rest” for 10 consecutive hours. The ELD keeps track of any “infractions” – that is, going over the 14 hours as well as vehicle speed – and has reporting functions so inspectors can review the logs and fine drivers for infractions from days past. This means that those hauling horses will be required to stop their trip once the 14-hour threshold is reached and cannot resume travel until the 10-hour rest period has passed. If the threshold is breached, the ELD makes a record that can be reviewed by authorities and you can be fined. Have you noticed in the last several years all of the trucks that are parked along the side of the road? Have you noticed that on and off ramps and picnic and rest areas are sometimes filled up with trucks? Those typically are drivers that have reached their limit and have to immediately find a place to park their trucks to avoid costly violations. If you are required to install an ELD for your truck and horse trailer, this could easily happen to you too. Mandated breaks:According to the Hours of Service outlined in the Federal Motor Carriers Safety Administration rules, rest breaks are mandatory in addition to the ten-hour rest period. Commercial drivers are required to take a 30-minute break within the 11 hour driving period and cannot go past 8 hours without taking a break. This mandatory break is calculated from when the vehicle starts moving and is tracked by the ELD. It does not take into account any other stops or breaks that may have occurred within the 8-hour time period. The break must be 30 consecutive minutes. A driver cannot substitute the 30-minute break with a 10-minute break and later a 20-minute break. There is no getting around this as the ELD records and stores the 30 consecutive minute break periods and will subject the driver to penalty for a rule violation upon inspection. Additionally, the 30-minute break is included in the 14-hour time limit. What constitutes a Commercial Motor Vehicle (CMV) classification?• Are you writing off your truck or trailer as a business loss or expense on your tax returns? Tax write offs for your truck and trailer would make them fall under the commercial classification.• Are your truck and/or trailer being used for your business? If your truck or trailer is being used for your business, they fall under the commercial classification. If you are a trainer, your truck and trailer is used for business, there’s no doubt about it. If you are a non-pro or amateur competitor, your truck and trailer can be considered as used for business (see “furtherance of a commercial enterprise” explanation below). If you are a non-pro or amateur and breed horses and sell them, your truck and trailer are considered as used for business. • Do you only haul your own horses? If not and if you collect payment, (for example splitting fuel costs) to haul a friend or client’s horse to a show, to the trainer, to the vet, or to the breeder, your truck and trailer are considered commercial vehicles. • Have you won money competing with your horse or a client’s horse? Even though most often competing with horses is not profitable for a non-pro when calculating all the costs, the FMCSA could consider money won at a horse show or event, a profit. They can also consider hauling to an event with the intent or hopes of winning some money, as pursuing a profit. This definition of “profit” then classifies your truck and trailer as commercial. • Do you have sponsors? Do you have their stickers on your truck or trailer? Just about everyone knows a roper, rodeo or horse show contestant who has a “day job” (horseshoer as an example) that spends part of their time traveling to events to compete. In many cases, especially with rodeo events, (some associations have strict rules about sponsorships and others do not) they also have sponsors, whether its ropes, saddle pads, clothing or other equipment. Those sponsorships qualify as “furtherance of a commercial enterprise” and then puts them in the commercial category. • If your vehicle has a Gross Vehicle Weight Rating of more than 10,000 pounds and is used for your business or with the intent to make a profit (see “furtherance of a commercial enterprise” below”), or involved in interstate commerce, like going to horse shows out of your home state, it then falls into the commercial vehicle classification by the Federal Motor Carrier Safety Administration (FMCSA). What “furtherance of a commercial enterprise” means:The FMCSA rule has some language that is far reaching with significant ramifications for horse enthusiasts. The category “furtherance of a commercial enterprise” is one of the qualifications considered when determining whether a driver and their truck and trailer fall under the commercial classification and apply to the scenarios we have listed above. Here’s the information as outlined on the FMCSA website’s Q&A section:“ Question 21: 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 (b) 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. Drivers must confer with their State of licensure to determine the licensing provisions to which they are subject.”Do I need a Commercial Driver’s License?Your truck and trailer can be considered a commercial vehicle without the requirement that you obtain a Commercial Driver’s License (CDL). However, you will need to obtain a CDL if your vehicle fits the following categories: • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds. For example, if your dually has a GVWR of 10,000 pounds and your horse trailer has a GVWR more than 16,000 pounds, a commercial license is required. • Any single vehicle with a GVWR of 26,001 or more pounds. What is the GVWR (Gross Vehicle Weight Rating)?• The GVWR is the value specified by the manufacturer as the maximum loaded weight of a single vehicle or combination of vehicles, or the registered gross weight.What is the GCWR (Gross Combined Weight Rating)? • The GCWR is the value specified by the manufacturer as the GVWR of the power unit plus the GVWR of the towed unit or units, or the combined registered weight of the power unit plus the towed unit(s). The GCWR includes the passengers and cargo in the tow vehicle, plus the weight of the trailer and cargo in the trailer. What are the ongoing requirements for a Commercial Driver’s License?After passing the written and driving examination for a commercial license, including other steps such as a special medical examination, drug testing, and vehicle inspections, there are ongoing requirements for driving a vehicle that fall under the commercial classification. Each state has their own set of regulations in addition to the federal code so it is important to understand the laws in your state in regards to a commercial license. Do I need to have a Department of Transportation (DOT) number?Your vehicle may require a USDOT (Federal) number if your vehicle and travel meet the following conditions:• Your truck and trailer are considered commercial vehicles. This applies if you use your truck and trailer for business or for “furtherance of a commercial enterprise” (see above).• The GVWR is over 10,000 pounds• AND if you travel into other statesDepending on the state in which you live, you may also be required to obtain a State DOT if your truck and trailer are considered commercial vehicles. HOS or Hours of Service:Most drivers of commercial vehicles must comply with Federal Motor Carrier Safety Administration (FMCSA) Hours of Service. Hours of Service require that drivers can only be on the road for 11 hours of a 14 hour shift. However, with the ELD, and the fact that the machines start recording time from the moment wheels move past 5 miles per hour, drivers are not able to make allowances for traffic, loading and unloading, and taking a longer rest, or breaking up rest time. There are some exceptions to compliance with Hours of Service. They are listed below.ROD or Record of Duty:The Record of Duty (ROD) is a log book that every driver of a commercial vehicle must maintain and keep on file for 6 months. The following information must be logged into the ROD:• The status for each 24-hour period• Time must be recorded in duplicate• Time for Off Duty• Driving Time• Time spent sleeping• Time on duty but not driving• Each change in duty status that is recorded on the log must also include the name of the city/town/village and state.• Other supporting documentation must also be maintained to coincide with the ROD (log book) these include toll receipts, fuel receipts, and other documentation. If you have a commercial vehicle and your activities fall outside of the exemptions for farming and agriculture, you will be required to install an ELDIf you have a Commercial Driver’s License and therefore are required to follow the Hours of Service and keep a Record of Duty, you will be required to install an ELD Are there situations where we are not required to follow the Hours of Service (HOS) or install an ELD?Agricultural Use: Drivers transporting ‘agricultural commodities,’ including livestock, are exempt from the Hours of Service regulations while operating within 150 air-miles of the source of such commodities. Vehicles and drivers are exempt if they are not:• Hauling farther away than 150 miles and not more than 8 days in a 30 day period. To put this in perspective, if you travel to a horse show, and are driving more than 150 miles to reach the show grounds, your trip there and back counts as driving days. If you stay in a hotel instead of on the showgrounds, any driving to the show grounds counts as days. In this light, it is pretty easy to consume the 8 days in a 30 day period if you attend more than one horse show during that time, or go to horse shows that last an extended period of time. If you are traveling to horse shows frequently, and drive a dually with a 4+ horse trailer, you are more than likely to fall into the classification where an ELD is required on your vehicle. • Drivers of vehicles manufactured before 2000 are not required to implement an ELD.• Drivers will be required to use an ELD if they use a paper log more than 8 times in a rolling 30 day period. (Exceed 12 hours or more than 100 air miles from terminal). Once a driver has exceeded that threshold, they’ll have to drive an ELD equipped truck until their 30 day record drops to 8 or less paper log events. Short Haul: Short haul vehicles are exempt from the ELD Mandate. There are a few key components required to meet the FMCSA definition for short haul. You must:• Start and return to same location within 12 hours of duty time• Drive no more than 11 hours• Have ten consecutive hours off between shifts• Maintain your time clock function. Meaning, employees who are on the clock, punching in and out for work. • Not exceed a 100-mile radius from your starting locationWhat can we do about this government overreach?Representatives from Protect The Harvest as well as Lucas Oil have been working hard to bring these issues to light. In addition to sharing information, we have made trips to Washington DC to meet with lawmakers. There are other groups that have also been sounding the alarm about the ELD Mandate. We need to do more and we need your help. If you have concerns about how the ELD Mandate and other regulations will impact your business or enjoying horses as a hobby, the time is now to act. Make sure to let others know about what is coming up. Share information and encourage others to do so as well. Get your local clubs and groups involved too. Most importantly, contact your Congressional Representative and let them know your concerns. They have heard from group representatives, now they need to hear from individuals, as many as possible. If we don’t act now, soon many of us including those that simply enjoy showing animals, or other hobbies that require a truck and trailer, will be required to install electronic logging devices on our vehicles. This morning after reading about this.. I contacted our local state representative in the southwest corner of New Mexico. I talked to Rebecca Dow about this she gave me a direct phone number to talk to Congressman Steve Pearce in Washington DC and to ask for Josh one of his aides. I did so and amazingly enough I talked to Josh. He then told me I would like to do more research on this mandate. I got a call within 5 minutes from Ben Johnson another aide to Congressman Steve Pearce and he assured me that they are aware of this ELD mandate and they are going to try to delay implementation that was to start December 18th on the smaller private trucks and trailers that weigh 26.000 pounds GVWR... I was reassured that because of the nature of this mandate ....which was implemented in 2012 ...will be " studied "...thus the one year delay.. Mr.Johnson was very cordial and I stressed it will impact the smaller operators......Farmers... ranchers... horse people... show steers .....Etc.  Do you mean 26,000 and under or 26,001 and up? I still don't understand. If your vehicle is 26,000 lbs and under you do not need a CDL.... So then you shouldn't need an EDL... You have never needed a CDL for 26001 lbs and under. However, if you weigh more then 10,001 lbs you must have a medical card. And, you also should have a drivers file at home. After 26001 lbs, you must have a CDL and medical card. A drivers file, random drug tests, and files on when repairs are done by your certified DOT mechanic. The log book comes into play if you are over 150 miles from your home base.
That being said - I doubt most people do what is legally required by law.
LOL I doubt if that number of horse people is smaller then 1% that actually have a drivers file and a log book... OR a CDL with the huge living quarter trailers pulled with a dually. My trailer is 9,400 lbs fully loaded down. Total with truck, trailer and 3 horses it is 16,000 lbs. Do you mean 10,0001 with truck and trailer total or 10,001 is the weight of what you are towing? Because I only have a 1 ton with a 3 horse and a 6 ft short wall living quarters and like I said above it is 16,000 lbs all together. Its even the narrower size trailer too... My rig is a peanut compared to a majority of rigs out there. So anyone pulling just a regular 4 horse goose neck with NO living quaters and a 1 ot 3/4 ton pick up is at risk? | |
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 Elite Veteran
Posts: 823
    Location: East Texas | Many, many truck/trailer combos fall over 26K.... My 1 ton has a 14K gvwr. It does not take much of a trailer to be 13K gvwr and put you over 26K | |
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Married to a Louie Lover
Posts: 3303
    
| CrossDRanch - 2017-12-05 1:31 PM
Many, many truck/trailer combos fall over 26K.... My 1 ton has a 14K gvwr. It does not take much of a trailer to be 13K gvwr and put you over 26K
This. It is not what you actually weigh over a scale - it is the sticker weight for gvwr.
My dually’s sticker gvwr weight is 9900lb. My trailers sticker gvwr weight is 16,900 - putting my total weight just over the 26k limit. My trailer is a 3h with a 9’ shortwall, no slide - faaaar from the biggest rig on the road.
At minimum know your sticker #’s so you know if you can make an argument on weight or just shut up and take it in the event you get pulled over. | |
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 Hugs to You
Posts: 7551
     Location: In The Land of Cotton | OhMax - 2017-12-05 5:14 PM CrossDRanch - 2017-12-05 1:31 PM Many, many truck/trailer combos fall over 26K.... My 1 ton has a 14K gvwr. It does not take much of a trailer to be 13K gvwr and put you over 26K This. It is not what you actually weigh over a scale - it is the sticker weight for gvwr. My dually’s sticker gvwr weight is 9900lb. My trailers sticker gvwr weight is 16,900 - putting my total weight just over the 26k limit. My trailer is a 3h with a 9’ shortwall, no slide - faaaar from the biggest rig on the road. At minimum know your sticker #’s so you know if you can make an argument on weight or just shut up and take it in the event you get pulled over.
True. We are way over on ours. But, we have CDL's just because of what we do for a living.
Frankly, it's all going to be about what the local cops want to do and how your state DOT men are. Like I said, it is easy money collected for the fines. | |
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Posts: 268
    Location: 65 miles from the nearest Wal-Mart | http://www.virginiahorsecouncil.org/wp-content/uploads/CDL-Brochure...
http://www.virginiahorsecouncil.org/wp-content/uploads/ELD-Mandate-...
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 Expert
Posts: 1520
  Location: Illinois | I spoke to someone at the USDOT the other day, told her I go to jackpots where money was involved and stated the weight of my rig empty and she said there was no requirement for me to need a CDL or be considered commercial under the USDOT, and also not in IL for where I'm from. She said check any other states we travel to, as other states may have different requirements. It was about a 2 hour process discussing things with her. For some it does take a decent size rig to get near the 26,000lbs. I have a 3/4 ton and a 3horse 8' LQ trailer and I squeak by right at 15,000lbs. Add 3 horses and that's still not going to put me over. Also, she confirmed that this mandate going around is nothing new in pertaining to who it refers to. The requirements for commercial and the whole "are we for hire" horse show thing has been in place for years and hasn't changed. She said the only thing this mandate changes is the switch of logging system. Those of you who have been 26,001lbs or more are supposed the have had a CDL for years now, even if just going trail riding. With this whole thing has come a lot of gray areas yes, and it seems different officials all seem to have opinions about it. I made sure to get it in writing that I don't need one. She also said that after a few months most people won't even check for this anymore, the hype will die down. It's probably going to end up being one of those, we'll assume you have it so we won't check thing, like coggins and health papers. Been barrel racing for 15 years and I still have yet to be asked to show either one of those at a race or while hauling anywhere, except for one county fair I went to years ago. I've crossed multiple state lines on a trip and wasn't even asked. So I imagine it will all end up being like that | |
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Gettin Jiggy Wit It
Posts: 2734
    
| JLazyT_perf_horses - 2017-12-15 11:57 AM
I spoke to someone at the USDOT the other day, told her I go to jackpots where money was involved and stated the weight of my rig empty and she said there was no requirement for me to need a CDL or be considered commercial under the USDOT, and also not in IL for where I'm from. She said check any other states we travel to, as other states may have different requirements. It was about a 2 hour process discussing things with her. For some it does take a decent size rig to get near the 26,000lbs. I have a 3/4 ton and a 3horse 8' LQ trailer and I squeak by right at 15,000lbs. Add 3 horses and that's still not going to put me over. Also, she confirmed that this mandate going around is nothing new in pertaining to who it refers to. The requirements for commercial and the whole "are we for hire" horse show thing has been in place for years and hasn't changed. She said the only thing this mandate changes is the switch of logging system. Those of you who have been 26,001lbs or more are supposed the have had a CDL for years now, even if just going trail riding. With this whole thing has come a lot of gray areas yes, and it seems different officials all seem to have opinions about it. I made sure to get it in writing that I don't need one. She also said that after a few months most people won't even check for this anymore, the hype will die down. It's probably going to end up being one of those, we'll assume you have it so we won't check thing, like coggins and health papers. Been barrel racing for 15 years and I still have yet to be asked to show either one of those at a race or while hauling anywhere, except for one county fair I went to years ago. I've crossed multiple state lines on a trip and wasn't even asked. So I imagine it will all end up being like that
that is awesome thanks! | |
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Expert
Posts: 1314
    Location: North Central Iowa Land of white frozen grass | You can't claim sleeper birth time in a pickup. It doesn't meet the qualifications of a sleeping area. | |
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    Location: Texas | I spoke to a DOT friend here in East Texas. Basically if I stay within 150 air miles from my home I am fine. But if I cross state lines hauling to a barrel race or rodeo then I’m required to have a CDL and log system. He said I can try saying I’m going to a vet ect but he has know DOT officers that will follow or call said vet to verify appointment. He said its better to learn as much as you can and the lingo and say based on what you read you thought you were doing everything right and usually they will offer assistance and not ticket you. He also said to load my horses and get a weight scale ticket on my rig. Keep it in my truck. I can always say I went and had my rig weighed and i was under 26,000 and thought I was ok. The more educated we are the better our chances of not getting a fine. And of course as always it all depends on who pulls you over. | |
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Posts: 1395
       Location: Missouri | BobbieL - 2017-12-17 7:37 PM
I spoke to a DOT friend here in East Texas. Basically if I stay within 150 air miles from my home I am fine. But if I cross state lines hauling to a barrel race or rodeo then I’m required to have a CDL and log system. He said I can try saying I’m going to a vet ect but he has know DOT officers that will follow or call said vet to verify appointment. He said its better to learn as much as you can and the lingo and say based on what you read you thought you were doing everything right and usually they will offer assistance and not ticket you. He also said to load my horses and get a weight scale ticket on my rig. Keep it in my truck. I can always say I went and had my rig weighed and i was under 26,000 and thought I was ok. The more educated we are the better our chances of not getting a fine. And of course as always it all depends on who pulls you over.
So, my rig is easily under 26k lbs, I'd be surprised if it breaks 16k lbs, honestly. 3/4 ton truck, 3 horse steel stock BP that I never haul more than 2 in. We do have 24k lb plates, but that's for my husband if he hauls an mini excavator home from work to do yard work, etc. I haven't gone over 150 miles or across state lines in years. Only time I do is truly when taking a horse to the vet, once or twice a year.
Everything I've read indicates I'm ok...I know I don't need a CDL. But I figured we wouldn't need an ELD either, right?
I USED to haul with friends on occasion, but if that will require me to put an ELD in my truck, I'll just stop that. I stay close enough that fuel isn't an issue. My husband flat out refuses to put an ELD on our truck, so I'm hoping we won't need to given that I stay close and my rig is a tiny thing compared to most.
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Married to a Louie Lover
Posts: 3303
    
| BobbieL - 2017-12-17 7:37 PM
I spoke to a DOT friend here in East Texas. Basically if I stay within 150 air miles from my home I am fine. But if I cross state lines hauling to a barrel race or rodeo then I’m required to have a CDL and log system. He said I can try saying I’m going to a vet ect but he has know DOT officers that will follow or call said vet to verify appointment. He said its better to learn as much as you can and the lingo and say based on what you read you thought you were doing everything right and usually they will offer assistance and not ticket you. He also said to load my horses and get a weight scale ticket on my rig. Keep it in my truck. I can always say I went and had my rig weighed and i was under 26,000 and thought I was ok. The more educated we are the better our chances of not getting a fine. And of course as always it all depends on who pulls you over.
So what I’ve read is that they go based on sticker GVWR not actual weight...but it sounds like you’re saying actual weight.
If actual weight is the case the would allow a lot more rigs to go up and down the road, including mine. My dually and 3h 9’sw has a GVWR of 26,800. Actual weight would likely be under 20k. | |
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 Veteran
Posts: 268
    Location: 65 miles from the nearest Wal-Mart | The whole 26001 combined Gross Vehicle Weight Rating (GVWR) is such a random thing. I honestly don't think that any of this is intended to rope us in -- but we are an "unintended" consequence of the law. Basically your horses are your hobby. You don't raise them, train them or sell them if they ask you. The answer is, I am going to a rodeo. I go to a few every year. No, I don't write my horses off, and no, I don't claim my winnings as income.
Also, you're exempt from CDL requirements in most states if your LQ trailer is registered as an RV. Not sure how to go about doing that, but that's a good place to start. It's not really any different than a toy hauler -- your toys just have four legs instead of four wheels -- that's from a state dot guy in SD. | |
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  Semper Fi
             Location: North Texas | jropergirl - 2017-12-28 2:43 PM
The whole 26001 combined Gross Vehicle Weight Rating (GVWR) is such a random thing. I honestly don't think that any of this is intended to rope us in -- but we are an "unintended" consequence of the law. Basically your horses are your hobby. You don't raise them, train them or sell them if they ask you. The answer is, I am going to a rodeo. I go to a few every year. No, I don't write my horses off, and no, I don't claim my winnings as income.
Also, you're exempt from CDL requirements in most states if your LQ trailer is registered as an RV. Not sure how to go about doing that, but that's a good place to start. It's not really any different than a toy hauler -- your toys just have four legs instead of four wheels -- that's from a state dot guy in SD.
You might want to review the Federal Regulations in regards to the 26001 weight rating(s). As well as the rest of the regulations you are referring to. I am quite confident that You are at minimum incorrect. And I am also quite confident You have never dealt with a revenue hungry or safety conscious Law Enforcement or DOT Official who is having a bad day.................... | |
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 Namesless in BHW
Posts: 10368
       Location: At the race track with Ah Dee Ohs | DOT TEMPORARILY WAIVES LOGGING DEVICE MANDATE FOR AGRICULTURE
90-DAY WAIVER EXTENDED TO LOOK AT AGRICULTURE'S REQUEST FOR AN EXEMPTION FROM MANDATE
Press Release from Department of Transportation ?Dec. 3, 2017 The Department of Transportation has granted a 90-day waiver from the requirement that agricultural and livestock haulers install electronic logging devices in their vehicles. Over those 90 days the department plans to look closely at agriculture’s request for an exemption while developing additional guidance for agricultural haulers. Most farmers and ranchers should be exempt from the ELD mandate because they can claim covered farm vehicle status, but drivers who haul livestock, live fish and insects are likely to fall under the requirements. In September, the American Farm Bureau Federation and seven livestock organizations petitioned DOT for a waiver and exemption from the Dec. 18 ELD implementation deadline. In their request, the groups explained their two biggest concerns about the requirement: livestock haulers’ readiness to comply and the effect on the transported animals’ well-being. Drivers who have to use ELDs would be limited to current hours of service rules, which restrict a driver to only 14 “on duty” hours, with no more than 11 active driving hours. Once a driver hits those maximum hour allotments, he must stop and rest for 10 consecutive hours, which would be problematic when transporting livestock and other live animals. In their petition, the groups pointed out livestock haulers’ strong commitment to ensuring the safety of both the animals they’re transporting and the drivers they share the road with. In addition, livestock haulers often receive specialized training beyond that required for their counterparts driving conventional commercial motor vehicles. The pork industry’s Transport Quality Assurance Program and the beef industry’s Master Cattle Transporter program provide detailed instruction on proper animal handling and transportation methods. “As reflected in the [Federal Motor Carrier Safety Administration’s] data, the emphasis these programs place on animal welfare benefits driver safety as it encourages livestock haulers to slow down, be more aware of their surroundings and road conditions, and avoid rough-road situations that could result in animal injury,” the groups noted. Another major roadblock to implementation for livestock haulers is their lack of awareness of the rule. Because the livestock hauling industry is small compared to the overall trucking industry, it isn’t strongly engaged by DOT’s Federal Motor Carrier Safety Administration. As a result, livestock drivers who are aware of the program have had difficulty researching the ELD marketplace and identifying cost-effective solutions that are compatible with livestock hauling and current agricultural hours of service exemptions. In their petition, the groups also asked DOT to address the incompatibilities between the FMCSA’s hours of service rules and the structure and realities of the U.S. livestock sector. “For many drivers, there is concern that there are those, with no understanding of or concern for animal welfare or livestock hauling, who will arbitrarily penalize them for choosing the proper care of animals over stopping in excessive heat or cold because of an arbitrary HOS cutoff,” the groups said.
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Posts: 268
    Location: 65 miles from the nearest Wal-Mart | foundation horse - 2017-12-28 5:38 PM
jropergirl - 2017-12-28 2:43 PM
The whole 26001 combined Gross Vehicle Weight Rating (GVWR) is such a random thing. I honestly don't think that any of this is intended to rope us in -- but we are an "unintended" consequence of the law. Basically your horses are your hobby. You don't raise them, train them or sell them if they ask you. The answer is, I am going to a rodeo. I go to a few every year. No, I don't write my horses off, and no, I don't claim my winnings as income.
Also, you're exempt from CDL requirements in most states if your LQ trailer is registered as an RV. Not sure how to go about doing that, but that's a good place to start. It's not really any different than a toy hauler -- your toys just have four legs instead of four wheels -- that's from a state dot guy in SD.
You might want to review the Federal Regulations in regards to the 26001 weight rating (s ). As well as the rest of the regulations you are referring to. I am quite confident that You are at minimum incorrect. And I am also quite confident You have never dealt with a revenue hungry or safety conscious Law Enforcement or DOT Official who is having a bad day....................
I’m researching for an article on this very thing. So please don’t tell me I don’t know what I’m talking about. I’ve talked to countless dot guys. The federal Regs are what they are, but it’s true about the trailers being registered as Rvs. And from the dot guys I’ve talked to, they’re not generally interested in the local barrel racer. If your rig is over 26001 you are required by federal law to have the cdl — but until now, Ag has had so many exemptions that it hasn’t really been enforced.
LEO have no idea how many days we’ve hauled that month. They aren’t expecting us to keep a copy of our tax returns with us so they have no idea If we are claiming winnings or writing off our horses. It comes down to what they can prove when they have you on the side of the road. And frankly, they pull over he wrong person and there’s going to be a case make the Supreme Court About the constitutionality of all this current bull**** going on. Again I say, I do not drive for a living. I am not and should not be considered a commercial driver. I am not guaranteed a check when I get where I’m gojng. I’m not guaranteed to sell a horse based on my travels either. I think this is a good time to have a discussion about what truly constitutes a commercial enterprise and whose business it is if I’m in business. I feel like all of this is an invasion of privacy. | |
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Meanest Teacher!!!
Posts: 8555
      Location: sunny california | I guess grandma needs her cdl for when she drives to bingo or thr casino . She just might win money | |
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  Semper Fi
             Location: North Texas | jropergirl - 2017-12-29 3:15 PM
foundation horse - 2017-12-28 5:38 PM
jropergirl - 2017-12-28 2:43 PM
The whole 26001 combined Gross Vehicle Weight Rating (GVWR) is such a random thing. I honestly don't think that any of this is intended to rope us in -- but we are an "unintended" consequence of the law. Basically your horses are your hobby. You don't raise them, train them or sell them if they ask you. The answer is, I am going to a rodeo. I go to a few every year. No, I don't write my horses off, and no, I don't claim my winnings as income.
Also, you're exempt from CDL requirements in most states if your LQ trailer is registered as an RV. Not sure how to go about doing that, but that's a good place to start. It's not really any different than a toy hauler -- your toys just have four legs instead of four wheels -- that's from a state dot guy in SD.
You might want to review the Federal Regulations in regards to the 26001 weight rating (s ). As well as the rest of the regulations you are referring to. I am quite confident that You are at minimum incorrect. And I am also quite confident You have never dealt with a revenue hungry or safety conscious Law Enforcement or DOT Official who is having a bad day....................
I’m researching for an article on this very thing. So please don’t tell me I don’t know what I’m talking about. I’ve talked to countless dot guys. The federal Regs are what they are, but it’s true about the trailers being registered as Rvs. And from the dot guys I’ve talked to, they’re not generally interested in the local barrel racer. If your rig is over 26001 you are required by federal law to have the cdl — but until now, Ag has had so many exemptions that it hasn’t really been enforced.
LEO have no idea how many days we’ve hauled that month. They aren’t expecting us to keep a copy of our tax returns with us so they have no idea If we are claiming winnings or writing off our horses. It comes down to what they can prove when they have you on the side of the road. And frankly, they pull over he wrong person and there’s going to be a case make the Supreme Court About the constitutionality of all this current bull**** going on. Again I say, I do not drive for a living. I am not and should not be considered a commercial driver. I am not guaranteed a check when I get where I’m gojng. I’m not guaranteed to sell a horse based on my travels either. I think this is a good time to have a discussion about what truly constitutes a commercial enterprise and whose business it is if I’m in business. I feel like all of this is an invasion of privacy.
You need to keep researching then, cause what I stated is FACTUALLY CORRECT. And You yourself have admitted it. The Feds have discovered a hitherto untapped source of revenue and now it is going to be taken advantage of.
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 Veteran
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    Location: 65 miles from the nearest Wal-Mart | I think we have a breakdown in communication I simply said that the 26001k rule is an arbitrary number.
I also stated that the DOT doesn't expect you to carry your tax returns around. They can't prove that we've been on the road more than 8 days out of the month, unless they ask for health certs and we've got 10 rodeos on one health cert -- and even then depending on where they're located, they could still all fit w/in that exemption. They can only prove what they can prove with questions on the side of the road. Several state DOT guys have said that these regs are roping in people they're not intendd to catch.
RVs are EXEMPT, and a horse trailer that has LQ is exempt -- it'd be just like a toy hauler -- and that's from the SD DOT. There is actually a website that shares which states exempt them. You're also exempt up to 150 air miles from home. | |
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 Hugs to You
Posts: 7551
     Location: In The Land of Cotton | jropergirl - 2018-01-02 10:17 AM I think we have a breakdown in communication I simply said that the 26001k rule is an arbitrary number.
I also stated that the DOT doesn't expect you to carry your tax returns around. They can't prove that we've been on the road more than 8 days out of the month, unless they ask for health certs and we've got 10 rodeos on one health cert -- and even then depending on where they're located, they could still all fit w/in that exemption. They can only prove what they can prove with questions on the side of the road. Several state DOT guys have said that these regs are roping in people they're not intendd to catch.
RVs are EXEMPT, and a horse trailer that has LQ is exempt -- it'd be just like a toy hauler -- and that's from the SD DOT. There is actually a website that shares which states exempt them. You're also exempt up to 150 air miles from home.
But you are wrong again. The 26,001 isn't an arbitary number. It is the law. Federal law. Has been for a very long time. Probably as long as you are old.
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 Accident Prone
Posts: 22277
          Location: 100 miles from Nowhere, AR | 3canstorun - 2018-01-02 12:09 PM jropergirl - 2018-01-02 10:17 AM I think we have a breakdown in communication I simply said that the 26001k rule is an arbitrary number.
I also stated that the DOT doesn't expect you to carry your tax returns around. They can't prove that we've been on the road more than 8 days out of the month, unless they ask for health certs and we've got 10 rodeos on one health cert -- and even then depending on where they're located, they could still all fit w/in that exemption. They can only prove what they can prove with questions on the side of the road. Several state DOT guys have said that these regs are roping in people they're not intendd to catch.
RVs are EXEMPT, and a horse trailer that has LQ is exempt -- it'd be just like a toy hauler -- and that's from the SD DOT. There is actually a website that shares which states exempt them. You're also exempt up to 150 air miles from home. But you are wrong again. The 26,001 isn't an arbitary number. It is the law. Federal law. Has been for a very long time. Probably as long as you are old.
I know what she meant. Yes, 26001 is the law, but it's just a number they pulled out of their collective butts. It doesn't actually MEAN anything in a practical sense. | |
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Nut Case Expert
Posts: 9305
      Location: Tulsa, Ok | There is a HUGE difference in how the DOT rules/laws are enforced state to state. Many states have very lenient rules when it comes to exempting RV's from the mandates. Ain't no way all the old geezers (blind, crippled and dangerous in a compact car) driving or pulling big RVs have CDLs, and log systems. I would suggest that individuals take a look at the state rules as they pertain to RV's, see how they apply to your rig and situation, and make decisions accordingly. | |
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     Location: Not Where I Want to Be | SC Wrangler - 2018-01-02 2:25 PM There is a HUGE difference in how the DOT rules/laws are enforced state to state. Many states have very lenient rules when it comes to exempting RV's from the mandates. Ain't no way all the old geezers (blind, crippled and dangerous in a compact car) driving or pulling big RVs have CDLs, and log systems. I would suggest that individuals take a look at the state rules as they pertain to RV's, see how they apply to your rig and situation, and make decisions accordingly.
The State Laws are only relavent when they are more stringent than Federal Regs.
They do not have the ability to make regulations that are more lax than the Fed Regs.
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 Elite Veteran
Posts: 602
 
| For the non professional rodeo ppl, couldnt you just tell them that you are headed to the trainers or a friends house? Ive traveled across states lines for both. How would they know what you are up to? Please dont flame me, its just a question. I live in Reno, Cali has some nice races to go to. | |
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 Veteran
Posts: 268
    Location: 65 miles from the nearest Wal-Mart | Yes, that is what I meant re: that 26,001, is a number someone pulled out of their A$$. That is my point. It has zero meaning and captures people it has no business capturing. Even the websites that want to inform commercial drivers about the mandate, have no idea it will force most rodeo competitors into "submission".
I realize (now) it's been a law since 1986, but that doesn't mean it has any rhyme or reason as to the thought process behind the seemly random CGVWR that forces someone who drives a dually and pulls a 4h with LQ to get a CDL. Most of what the federal governement does has no rhyme or reason, imo. Hehe. And if it's been around for so long, why wasn't this an issue when I was college rodeoing, pulling a big rig? Why am I just now hearing about this at 40 years old? That's the issue I have -- how has the horse industry as a whole had zero clues that this was even a thing that affected them? | |
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    Location: 65 miles from the nearest Wal-Mart | spitzh - 2018-01-02 5:04 PM For the non professional rodeo ppl, couldnt you just tell them that you are headed to the trainers or a friends house? Ive traveled across states lines for both. How would they know what you are up to? Please dont flame me, its just a question. I live in Reno, Cali has some nice races to go to.
Depends...If they ask for your health papers, then no. But proving you do it as a business is another issue altogether and the water gets muddy when you take into account what the IRS has to say about "Hobbies".
https://www.irs.gov/newsroom/hobby-or-business-irs-offers-tips-to-decide
For most people, barrel racing is a hobby. Heck even raising those two-three colts/ year is considered a hobby for many people. So the idea that you're engaged in pursuit of a "commercaal venture" which is how the rule reads, by simply going to a barrel race/rodeo where you have the "Potential" to win money is laughable, and likely in most cases, I think you'd be able to get the ticket thrown out. I'm not an attorney, but based on how the law reads, they can't have it both ways you're either a hobby or a business. It's like the FMCSA doesn't even know what the IRS rules are. | |
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 Veteran
Posts: 268
    Location: 65 miles from the nearest Wal-Mart | kwanatha - 2017-12-29 3:57 PM I guess grandma needs her cdl for when she drives to bingo or thr casino . She just might win money
she's exempt because she's only driving a car... but don't let her go in a dually -- then she weighs enough! it's ludicrous. | |
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 Hugs to You
Posts: 7551
     Location: In The Land of Cotton | jropergirl - 2018-01-02 7:02 PM Yes, that is what I meant re: that 26,001, is a number someone pulled out of their A$$. That is my point. It has zero meaning and captures people it has no business capturing. Even the websites that want to inform commercial drivers about the mandate, have no idea it will force most rodeo competitors into "submission".
I realize (now) it's been a law since 1986, but that doesn't mean it has any rhyme or reason as to the thought process behind the seemly random CGVWR that forces someone who drives a dually and pulls a 4h with LQ to get a CDL. Most of what the federal governement does has no rhyme or reason, imo. Hehe. And if it's been around for so long, why wasn't this an issue when I was college rodeoing, pulling a big rig? Why am I just now hearing about this at 40 years old? That's the issue I have -- how has the horse industry as a whole had zero clues that this was even a thing that affected them?
You are just now hearing about it because it is an easy target and the governments needs money. Pure and simple.
If a local government knows about these laws, they can pull you over and get the fine money. You pay the fine, or the license is suspended. | |
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Posts: 889
      
| I thought this was helpful.
https://www.youtube.com/watch?v=PKp7-i07WnQ | |
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Gettin Jiggy Wit It
Posts: 2734
    
| Here is a brand new news story for you. https://www.kjrh.com/news/local-news/us-dot-cracking-down-on-cdls-fo... | |
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  Semper Fi
             Location: North Texas | 3canstorun - 2018-01-03 7:50 AM
jropergirl - 2018-01-02 7:02 PM Yes, that is what I meant re: that 26,001, is a number someone pulled out of their A$$. That is my point. It has zero meaning and captures people it has no business capturing. Even the websites that want to inform commercial drivers about the mandate, have no idea it will force most rodeo competitors into "submission".
I realize (now) it's been a law since 1986, but that doesn't mean it has any rhyme or reason as to the thought process behind the seemly random CGVWR that forces someone who drives a dually and pulls a 4h with LQ to get a CDL. Most of what the federal governement does has no rhyme or reason, imo. Hehe. And if it's been around for so long, why wasn't this an issue when I was college rodeoing, pulling a big rig? Why am I just now hearing about this at 40 years old? That's the issue I have -- how has the horse industry as a whole had zero clues that this was even a thing that affected them?
You are just now hearing about it because it is an easy target and the governments needs money. Pure and simple. If a local government knows about these laws, they can pull you over and get the fine money. You pay the fine, or the license is suspended.
Enforcement of these so called "obscure" regulations is just the doctor ordered for cash strapped municipalities. Those of Us on this Board who have experience with Trucks, Trucking Regulations and the insane federal regulations associated with the ICC, DOT, etc. have known about this regs for A LOOOOOOOOOOOOOOONG time. And now the proverbial 'light bulb' has gone off in Municipal Manager's Head. Hey, here is a relatively pain free stream of revenue!
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 Toastest with the Mostest
Posts: 5712
    Location: That part of Texas | SC Wrangler - 2018-01-02 1:25 PM There is a HUGE difference in how the DOT rules/laws are enforced state to state. Many states have very lenient rules when it comes to exempting RV's from the mandates. Ain't no way all the old geezers (blind, crippled and dangerous in a compact car) driving or pulling big RVs have CDLs, and log systems. I would suggest that individuals take a look at the state rules as they pertain to RV's, see how they apply to your rig and situation, and make decisions accordingly.
I usually try to stay out of these posts because things like attorney-client relationship gets implied sometimes but I will chime in to say this is probably the best post in here on what you should probably do. I keep seeing posts about RV's being exempt and living quarter trailers exempt under RV rules and that's just not always the case.
Know your state and know the rules of any state that you travel in. Please understand that once you cross that state line, the 26,001 weight limit rule goes to 10,001 pounds and that is going to involve pretty much anybody -- including myself who owns a 2006 F-150 Ford (7000 GVWR) and pulls a 2 horse gooseneck/no LV (7200 GVWR) for a combined total of 14,200 GVWR. Some states may not care but other states will and do have more of an active enforcement of these provisions. I used to be an elected prosecutor for an area that did enforce this rule and yes, I did handle a few of these "10,001/state line" tickets involving activities for profit -- including what we do. You never know who you are going to be dealing with out there so it's best to know up front before you encounter someone who can call your bluff.
I also want to say that while everybody on here is focused on not making money by competing, a word to the wise would probably include some type of disclaimer to any of you who are independent sales people for such businesses like horse supplements to human weight-loss/energy to even Scentsy. You know how you probably throw a couple of those products in the back of the truck to sell or have them in the trailer? Heck, you probably keep a few in the car/truck at all times in case you meet people who buy from you and they need something when they meet you on the sidewalk or wherever. Well, if I was you, you probably should make sure that those aren't readily visible to anybody looking through your windows or who can see the "independent dealer" sticker on your truck that you use as advertisement for those items. You might be headed to a trail ride with your horse but those type of things will probably land you in the "commercial zone" and in hot water if you aren't careful. | |
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 Toastest with the Mostest
Posts: 5712
    Location: That part of Texas | foundation horse - 2018-01-03 12:17 PM 3canstorun - 2018-01-03 7:50 AM jropergirl - 2018-01-02 7:02 PM Yes, that is what I meant re: that 26,001, is a number someone pulled out of their A$$. That is my point. It has zero meaning and captures people it has no business capturing. Even the websites that want to inform commercial drivers about the mandate, have no idea it will force most rodeo competitors into "submission".
I realize (now) it's been a law since 1986, but that doesn't mean it has any rhyme or reason as to the thought process behind the seemly random CGVWR that forces someone who drives a dually and pulls a 4h with LQ to get a CDL. Most of what the federal governement does has no rhyme or reason, imo. Hehe. And if it's been around for so long, why wasn't this an issue when I was college rodeoing, pulling a big rig? Why am I just now hearing about this at 40 years old? That's the issue I have -- how has the horse industry as a whole had zero clues that this was even a thing that affected them? You are just now hearing about it because it is an easy target and the governments needs money. Pure and simple.
If a local government knows about these laws, they can pull you over and get the fine money. You pay the fine, or the license is suspended. Enforcement of these so called "obscure" regulations is just the doctor ordered for cash strapped municipalities. Those of Us on this Board who have experience with Trucks, Trucking Regulations and the insane federal regulations associated with the ICC, DOT, etc. have known about this regs for A LOOOOOOOOOOOOOOONG time. And now the proverbial 'light bulb' has gone off in Municipal Manager's Head. Hey, here is a relatively pain free stream of revenue!
When I was in office, it wasn't a local decision to enforce the provisions but one that came down the pipeline to my DPS DOT officers from up on high. I remember going to a conference for 3 days at the end of one week and coming back to a full voicemail box of pi$$ed off people leaving me messages over their tickets on these. I saw my guys at lunch and was like "Hey, thanks a bunch on those tickets!" and they were like "Sorry, not us but the higher ups who said to start enforcing the provisions." I figured out ways of working around the worst of them for most people -- others who gave me tons of grief over the issue didn't get such a favorable outcome. | |
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  Semper Fi
             Location: North Texas | Red Raider - 2018-01-03 12:22 PM SC Wrangler - 2018-01-02 1:25 PM There is a HUGE difference in how the DOT rules/laws are enforced state to state. Many states have very lenient rules when it comes to exempting RV's from the mandates. Ain't no way all the old geezers (blind, crippled and dangerous in a compact car) driving or pulling big RVs have CDLs, and log systems. I would suggest that individuals take a look at the state rules as they pertain to RV's, see how they apply to your rig and situation, and make decisions accordingly. I usually try to stay out of these posts because things like attorney-client relationship gets implied sometimes but I will chime in to say this is probably the best post in here on what you should probably do. I keep seeing posts about RV's being exempt and living quarter trailers exempt under RV rules and that's just not always the case.
Know your state and know the rules of any state that you travel in. Please understand that once you cross that state line, the 26,001 weight limit rule goes to 10,001 pounds and that is going to involve pretty much anybody -- including myself who owns a 2006 F-150 Ford (7000 GVWR) and pulls a 2 horse gooseneck/no LV (7200 GVWR) for a combined total of 14,200 GVWR. Some states may not care but other states will and do have more of an active enforcement of these provisions. I used to be an elected prosecutor for an area that did enforce this rule and yes, I did handle a few of these "10,001/state line" tickets involving activities for profit -- including what we do. You never know who you are going to be dealing with out there so it's best to know up front before you encounter someone who can call your bluff.
I also want to say that while everybody on here is focused on not making money by competing, a word to the wise would probably include some type of disclaimer to any of you who are independent sales people for such businesses like horse supplements to human weight-loss/energy to even Scentsy. You know how you probably throw a couple of those products in the back of the truck to sell or have them in the trailer? Heck, you probably keep a few in the car/truck at all times in case you meet people who buy from you and they need something when they meet you on the sidewalk or wherever. Well, if I was you, you probably should make sure that those aren't readily visible to anybody looking through your windows or who can see the "independent dealer" sticker on your truck that you use as advertisement for those items. You might be headed to a trail ride with your horse but those type of things will probably land you in the "commercial zone" and in hot water if you aren't careful.
While One could attempt to Invoke The Fouth Amendment in regards to the highlighted text, I strongly doubt it would helpl. Red Raider is absolutely correct in removing from public any type product One does not want to be easily viewed. | |
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 Dog Rescue Hero
Posts: 1660
     Location: Oklahoma City OK | I look at it from another point of view, as a show manager. Concerned about the impact it is going to have on exhibitors travelling from a distance over 150 miles, having to now have an additional driver if they have to drive over 10 hours - having to have a "sleeper berth" for the non-driver (and not just in the back seat of the truck or trailer, right?) and if you don't have the aforementioned, having to find a place to stop and layover for minimum of 10 hours. I see added travel time to a show, the added cost of either another driver in an acceptable non-driving rest location, added cost of boarding horses overnight, motel, the potential problem of people that aren't going to unload or board overnight and just leave the horses on the trailer for that additional length of time, etc etc. How many exhibitors is that going to impact that decide they can't go to the shows/events farther away? My concern as show manager is potentially losing exhibitors as well as safety and well being for the horses behing hauled....... | |
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Expert
Posts: 1314
    Location: North Central Iowa Land of white frozen grass | I actually think that most people will just downsize to trucks and trailers that will be under the 26,000 # limit. so they don't have to worry about the ELD's . You can still run a pretty nice size rig and stay under that. | |
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 Reaching for the stars....
Posts: 12708
     
| Go for a trail ride. Or camping. Nuff said. | |
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Expert
Posts: 1314
    Location: North Central Iowa Land of white frozen grass | Here in Iowa they sit outside of sale barns. So it will pretty hard for you to say you are going trail riding when you are pulling into an event. | |
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Meanest Teacher!!!
Posts: 8555
      Location: sunny california | smmthbr - 2018-01-04 7:22 AM I look at it from another point of view, as a show manager. Concerned about the impact it is going to have on exhibitors travelling from a distance over 150 miles, having to now have an additional driver if they have to drive over 10 hours - having to have a "sleeper berth" for the non-driver (and not just in the back seat of the truck or trailer, right?) and if you don't have the aforementioned, having to find a place to stop and layover for minimum of 10 hours. I see added travel time to a show, the added cost of either another driver in an acceptable non-driving rest location, added cost of boarding horses overnight, motel, the potential problem of people that aren't going to unload or board overnight and just leave the horses on the trailer for that additional length of time, etc etc. How many exhibitors is that going to impact that decide they can't go to the shows/events farther away? My concern as show manager is potentially losing exhibitors as well as safety and well being for the horses behing hauled.......
could we modify our back seat to a sleeper birth? | |
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Married to a Louie Lover
Posts: 3303
    
| BS Hauler - 2018-01-04 9:34 AM
I actually think that most people will just downsize to trucks and trailers that will be under the 26,000 # limit. so they don't have to worry about the ELD's . You can still run a pretty nice size rig and stay under that.
Can you? Because my 3H 9’ short wall Lakota pulled by a 3500 dually has a GVWR of 26,900. I have pulled it with a 2500 and would rather not. | |
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 Accident Prone
Posts: 22277
          Location: 100 miles from Nowhere, AR | OhMax - 2018-01-04 12:42 PM
BS Hauler - 2018-01-04 9:34 AM
I actually think that most people will just downsize to trucks and trailers that will be under the 26,000 # limit. so they don't have to worry about the ELD's . You can still run a pretty nice size rig and stay under that.
Can you? Because my 3H 9’ short wall Lakota pulled by a 3500 dually has a GVWR of 26,900. I have pulled it with a 2500 and would rather not.
That’s a big concern I have: people under trucking or buying trailers with smaller axles to stay under the stupid GVWR weight limits. Doesn’t that sound safe? | |
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  Semper Fi
             Location: North Texas | Three 4 Luck - 2018-01-04 1:18 PM
OhMax - 2018-01-04 12:42 PM
BS Hauler - 2018-01-04 9:34 AM
I actually think that most people will just downsize to trucks and trailers that will be under the 26,000 # limit. so they don't have to worry about the ELD's . You can still run a pretty nice size rig and stay under that.
Can you? Because my 3H 9’ short wall Lakota pulled by a 3500 dually has a GVWR of 26,900. I have pulled it with a 2500 and would rather not.
That’s a big concern I have: people under trucking or buying trailers with smaller axles to stay under the stupid GVWR weight limits. Doesn’t that sound safe?
Tis safer to be overtrucked than undertrucked. Regardless, of regs, when One is overtrucked, One has the capability to stop and being safer than when undertrucked. Kinda hard for a dead driver to pay a fine now is it not? | |
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Married to a Louie Lover
Posts: 3303
    
| foundation horse - 2018-01-04 1:49 PM
Three 4 Luck - 2018-01-04 1:18 PM
OhMax - 2018-01-04 12:42 PM
BS Hauler - 2018-01-04 9:34 AM
I actually think that most people will just downsize to trucks and trailers that will be under the 26,000 # limit. so they don't have to worry about the ELD's . You can still run a pretty nice size rig and stay under that.
Can you? Because my 3H 9’ short wall Lakota pulled by a 3500 dually has a GVWR of 26,900. I have pulled it with a 2500 and would rather not.
That’s a big concern I have: people under trucking or buying trailers with smaller axles to stay under the stupid GVWR weight limits. Doesn’t that sound safe?
Tis safer to be overtrucked than undertrucked. Regardless, of regs, when One is overtrucked, One has the capability to stop and being safer than when undertrucked. Kinda hard for a dead driver to pay a fine now is it not?
I completely agree - it’s not me one would need to worry about! I see 2500’s and 250’s pulled trailers that have 10’ in length on mine! F’in STUPID!
My point was it doesn’t take much trailer at all to get to that 26,000# mark really, mine is far from the biggest or fanciest rig on the road and we eclipse it, even if just barely. I don’t think you’ll see the majority giving up creature comforts to haul the stock trailer tag along to a 3 or 4 day jackpot.
We’ve considered getting our CDLs for other reasons including my husband being able to truck for local farmers when froze out of other work, so we may just bite the bullet. | |
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  Semper Fi
             Location: North Texas | OhMax - 2018-01-04 2:13 PM
foundation horse - 2018-01-04 1:49 PM
Three 4 Luck - 2018-01-04 1:18 PM
OhMax - 2018-01-04 12:42 PM
BS Hauler - 2018-01-04 9:34 AM
I actually think that most people will just downsize to trucks and trailers that will be under the 26,000 # limit. so they don't have to worry about the ELD's . You can still run a pretty nice size rig and stay under that.
Can you? Because my 3H 9’ short wall Lakota pulled by a 3500 dually has a GVWR of 26,900. I have pulled it with a 2500 and would rather not.
That’s a big concern I have: people under trucking or buying trailers with smaller axles to stay under the stupid GVWR weight limits. Doesn’t that sound safe?
Tis safer to be overtrucked than undertrucked. Regardless, of regs, when One is overtrucked, One has the capability to stop and being safer than when undertrucked. Kinda hard for a dead driver to pay a fine now is it not?
I completely agree - it’s not me one would need to worry about! I see 2500’s and 250’s pulled trailers that have 10’ in length on mine! F’in STUPID!
My point was it doesn’t take much trailer at all to get to that 26,000# mark really, mine is far from the biggest or fanciest rig on the road and we eclipse it, even if just barely. I don’t think you’ll see the majority giving up creature comforts to haul the stock trailer tag along to a 3 or 4 day jackpot.
We’ve considered getting our CDLs for other reasons including my husband being able to truck for local farmers when froze out of other work, so we may just bite the bullet.
Acquiring One's CDL is not that difficult. | |
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 Accident Prone
Posts: 22277
          Location: 100 miles from Nowhere, AR | Not that difficult? Says who? | |
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 Hugs to You
Posts: 7551
     Location: In The Land of Cotton | Three 4 Luck - 2018-01-04 3:34 PM Not that difficult? Says who?
Umm, I know you two are smart enough to get it. You just have to study. LOL | |
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    Location: Wherever the Army sends my husband | 3canstorun - 2018-01-04 3:13 PM Three 4 Luck - 2018-01-04 3:34 PM Not that difficult? Says who? Umm, I know you two are smart enough to get it. You just have to study. LOL Its really not. I just got mine in August. I crammed for a week and passed with flying colors on the written test and got my permit. Drove for an hour a day, for 2 or 3 weeks, I can't remember. Went to the Dmv and passed the driving test first time out. Edited to add: don't get me wrong, I am not in favor of the ELD! Jus saying a CDL is not difficult to get.
Edited by KD Running Horses 2018-01-04 4:44 PM
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     Location: Not Where I Want to Be | Class A no air brakes
if you can get dressed and make your own breakfast you can pass the test. | |
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 Just a Yankee
Posts: 1239
    Location: Some where I haven't left yet | Again, Where has everyone been, this Orwellian law ... well DOT calls it a Rule. Has been coming for over two years. The next rule will be Speed Limiters. Time to fight this, unless you like Big Brother. I've been fighting this. OOIDA took this to the supreme court, and lost. Fight it, Fight it, Fight it.
It was pushed in the name of "safety" which is all DOT likes to preach. But, the push came from the ATA which is backed by the Mega Carriers ie. Swift, JB Hunt, CR England,Werner etc. Because the competition doesn't run ELD's. ELD's were first mandated by DOT on Werner, because it was run ELD's OR loose operating authority.
FIGHT IT! | |
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 Accident Prone
Posts: 22277
          Location: 100 miles from Nowhere, AR | 3canstorun - 2018-01-04 3:13 PM Three 4 Luck - 2018-01-04 3:34 PM Not that difficult? Says who? Umm, I know you two are smart enough to get it. You just have to study. LOL
Don't you have to know mechanical crap? I can operate it but I do not give a beep how it works or what the parts are. What happens when you get a speeding ticket? What if you're deaf, can you still pass the medical? | |
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Expert
Posts: 1409
     Location: Oklahoma | That 26001 rule is not very much weight as far as rigs go. I have a 3/4 Dodge that weighs 8,300 (something like that but close I will have to look again) and an elite 3h 4' shortwall trailer that is 14500 in weight. I usually only haul 1-2 horses at a time. and I was in the process of turning it into a weekend quarter without the tanks. that sure doesn't give me much room at all. | |
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Meanest Teacher!!!
Posts: 8555
      Location: sunny california | I am getting my noncommercial class A. the wieght is very easy to go over | |
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  Neat Freak
Posts: 11216
     Location: Wonderful Wyoming | foundation horse - 2018-01-04 12:49 PM Three 4 Luck - 2018-01-04 1:18 PM OhMax - 2018-01-04 12:42 PM BS Hauler - 2018-01-04 9:34 AM I actually think that most people will just downsize to trucks and trailers that will be under the 26,000 # limit. so they don't have to worry about the ELD's . You can still run a pretty nice size rig and stay under that. Can you? Because my 3H 9’ short wall Lakota pulled by a 3500 dually has a GVWR of 26,900. I have pulled it with a 2500 and would rather not. That’s a big concern I have: people under trucking or buying trailers with smaller axles to stay under the stupid GVWR weight limits. Doesn’t that sound safe? Tis safer to be overtrucked than undertrucked. Regardless, of regs, when One is overtrucked, One has the capability to stop and being safer than when undertrucked. Kinda hard for a dead driver to pay a fine now is it not?
exactly and the simplest trailers can be over that weight when pulled by a 3500. We have a 22ft steel Titan that has a tack room, I think when we had a 3500 dually it would be over that. I don't see people selling off their living qtrs to get out of the DOT. | |
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Gettin Jiggy Wit It
Posts: 2734
    
| here is a good Facebook post going on https://m.facebook.com/story.php?story_fbid=1853114438034381&id=1883... | |
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Married to a Louie Lover
Posts: 3303
    
| Turnburnsis - 2018-01-04 5:42 PM
That 26001 rule is not very much weight as far as rigs go. I have a 3/4 Dodge that weighs 8,300 (something like that but close I will have to look again) and an elite 3h 4' shortwall trailer that is 14500 in weight. I usually only haul 1-2 horses at a time. and I was in the process of turning it into a weekend quarter without the tanks. that sure doesn't give me much room at all.
Exactly.
And it’s not physical weight, it’s GVWR or sticker weight. I was using what google was telling me for sticker weights (it’s cold outside!) but actually looked last night when doing chores, google told me my 3500’s gvwr was 9900, it’s actually 11,400 - which means it’s technically a commercial motor vehicle and I need a cdl to drive just the truck itself (if I’m reading correctly). So we are closer to 29,000 hooked onto the trailer.
Yes I’m aware CDLs aren’t hard to get - just hadn’t risen to the top of our priority list yet. It’s moving up more quickly now. | |
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 Shelter Dog Lover
Posts: 10277
      
| This may have been posted already, I did not read all the pages. I fit into this category, over the weight but I do not claim any expenses. According to the I do not need a CDL: In explanation, amateur owners/non-pros are exempt from the commercial vehicle status if they’re hauling for recreational purposes: you can still load up your horses and go trail riding, and you can still haul your horse to go show for fun as long as you are not deducting your expenses for tax purposes for a business and counting any prize monies as ordinary income (not business income). Essentially, for the recreational horse owner, there’s no need to worry about installing an ELD as hauling is not considered commercial. Agricultural exemptions also apply to CMVs: the full list of agricultural exemptions can be found here. For transporting horses under the agricultural exemption, you may travel within a 150-mile radius from the source of your commodity without requiring an ELD — in this case, let’s assume your load of horses from your home barn. You may also travel outside of that 150-mile radius no more than eight days every 30 days with the use of a paper log (no need to use an ELD). | |
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 Maine-iac
Posts: 3334
      Location: Got Lobsta? | OhMax - 2018-01-04 1:42 PM BS Hauler - 2018-01-04 9:34 AM I actually think that most people will just downsize to trucks and trailers that will be under the 26,000 # limit. so they don't have to worry about the ELD's . You can still run a pretty nice size rig and stay under that. Can you? Because my 3H 9’ short wall Lakota pulled by a 3500 dually has a GVWR of 26,900. I have pulled it with a 2500 and would rather not.
oh gosh that is what I haul with. Wondering if I am under the limit, you just answered my question. | |
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 I hate cooking and cleaning
Posts: 3314
     Location: Jersey Girl | BS Hauler - 2018-01-04 10:34 AM I actually think that most people will just downsize to trucks and trailers that will be under the 26,000 # limit. so they don't have to worry about the ELD's . You can still run a pretty nice size rig and stay under that.
This was my thought too | |
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Meanest Teacher!!!
Posts: 8555
      Location: sunny california | fulltiltfilly - 2018-01-05 7:03 AM BS Hauler - 2018-01-04 10:34 AM I actually think that most people will just downsize to trucks and trailers that will be under the 26,000 # limit. so they don't have to worry about the ELD's . You can still run a pretty nice size rig and stay under that. This was my thought too
yes but when does it end? they will just figure out what we are using and rewrite the mandates to fit us in. also for all those that are saying well it doesn't effect me... I am not a professional, one day this overreaching habit will effect you. that is how it works just slowly boil the frog.
look you trail riders.. one day they will claim that your horse is your psychiatrist and you pay him with feed so that is a commericial enterprise! Honestly everyone needs a network of friends in every state that they trail ride with, so the location on the health papers is a freinds house. | |
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Married to a Louie Lover
Posts: 3303
    
| rodeomom3 - 2018-01-05 6:52 AM
This may have been posted already, I did not read all the pages. I fit into this category, over the weight but I do not claim any expenses. According to the I do not need a CDL:In explanation, amateur owners/non-pros are exempt from the commercial vehicle status if they’re hauling for recreational purposes: you can still load up your horses and go trail riding, and you can still haul your horse to go show for fun as long as you are not deducting your expenses for tax purposes for a business and counting any prize monies as ordinary income (not business income ). Essentially, for the recreational horse owner, there’s no need to worry about installing an ELD as hauling is not considered commercial. Agricultural exemptions also apply to CMVs: the full list of agricultural exemptions can be found here. For transporting horses under the agricultural exemption, you may travel within a 150-mile radius from the source of your commodity without requiring an ELD — in this case, let’s assume your load of horses from your home barn. You may also travel outside of that 150-mile radius no more than eight days every 30 days with the use of a paper log (no need to use an ELD ).
150 air miles and 8 times a month screw a lot of us who rodeo...
Traveling across state lines also messes it up for us.
We’ve pretty much decided to get CDL’s. | |
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 Shelter Dog Lover
Posts: 10277
      
| OhMax - 2018-01-05 10:06 AM rodeomom3 - 2018-01-05 6:52 AM This may have been posted already, I did not read all the pages. I fit into this category, over the weight but I do not claim any expenses. According to the I do not need a CDL:
In explanation, amateur owners/non-pros are exempt from the commercial vehicle status if they’re hauling for recreational purposes: you can still load up your horses and go trail riding, and you can still haul your horse to go show for fun as long as you are not deducting your expenses for tax purposes for a business and counting any prize monies as ordinary income (not business income ). Essentially, for the recreational horse owner, there’s no need to worry about installing an ELD as hauling is not considered commercial.
Agricultural exemptions also apply to CMVs: the full list of agricultural exemptions can be found here. For transporting horses under the agricultural exemption, you may travel within a 150-mile radius from the source of your commodity without requiring an ELD — in this case, let’s assume your load of horses from your home barn. You may also travel outside of that 150-mile radius no more than eight days every 30 days with the use of a paper log (no need to use an ELD ). 150 air miles and 8 times a month screw a lot of us who rodeo... Traveling across state lines also messes it up for us. We’ve pretty much decided to get CDL’s.
Yep, for us weekend warriors who stay local, looks like it is not an issue. I sure hope it is not as much of a hassle for the rest of you as it appears it could be. | |
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 Miss Laundry Misshap
Posts: 5271
    
| rodeomom3 - 2018-01-05 12:08 PM OhMax - 2018-01-05 10:06 AM rodeomom3 - 2018-01-05 6:52 AM This may have been posted already, I did not read all the pages. I fit into this category, over the weight but I do not claim any expenses. According to the I do not need a CDL:
In explanation, amateur owners/non-pros are exempt from the commercial vehicle status if they’re hauling for recreational purposes: you can still load up your horses and go trail riding, and you can still haul your horse to go show for fun as long as you are not deducting your expenses for tax purposes for a business and counting any prize monies as ordinary income (not business income ). Essentially, for the recreational horse owner, there’s no need to worry about installing an ELD as hauling is not considered commercial.
Agricultural exemptions also apply to CMVs: the full list of agricultural exemptions can be found here. For transporting horses under the agricultural exemption, you may travel within a 150-mile radius from the source of your commodity without requiring an ELD — in this case, let’s assume your load of horses from your home barn. You may also travel outside of that 150-mile radius no more than eight days every 30 days with the use of a paper log (no need to use an ELD ). 150 air miles and 8 times a month screw a lot of us who rodeo... Traveling across state lines also messes it up for us. We’ve pretty much decided to get CDL’s. Yep, for us weekend warriors who stay local, looks like it is not an issue. I sure hope it is not as much of a hassle for the rest of you as it appears it could be.
It sucks because I live within 20 minutes of 2 borders and there are close GOOD barrel races across them. Not to mention bonus race finals in Nebraska.
Guess I'll get a book and get to studying. | |
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Married to a Louie Lover
Posts: 3303
    
| The people at the DMV are going to wonder why the sudden influx of crazy women who want to obtain a CDL! | |
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 Take a Picture
Posts: 12841
       
| If your gvw is over 26,000 or you charge a fee for hauling you must have a CDL. That is way more than most of our rigs. That is federal | |
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     Location: Not Where I Want to Be | streakysox - 2018-01-05 1:51 PM If your gvw is over 26,000 or you charge a fee for hauling you must have a CDL. That is way more than most of our rigs. That is federal
that's not way more than most rigs.
I would venture a guess that more are 26001 than are not.
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  Semper Fi
             Location: North Texas | streakysox - 2018-01-05 12:51 PM
If your gvw is over 26,000 or you charge a fee for hauling you must have a CDL. That is way more than most of our rigs. That is federal
You are a teacher. Do the math for the GVWR of a new one ton dually pulling a three horse eight foot short living trailer. I am quite confident the combined wieghts from the data plates will tally up to over 26,001lbs. which by federal law requires a CDL....................................... | |
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Posts: 12841
       
| I have a 3/4 ton and pull a 3 horse 4 ft short wall. Most of the rigs where I go are about this size. There are certainly some that pull with dually trucks. By the way, yesterday AQHA had posted there was a 90 delay on enforcing this law. Check it out.
Did a quick search.
Dually (Dodge). GVW. 9900-11300
Horse four horse trailer with 12 short wall. Approximately 10,000 (that was kind of an average). High was 11,000 low was 9000 Platinum)
Edited by streakysox 2018-01-05 1:46 PM
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Veteran
Posts: 186
    Location: Good ole SE Mo | We just bought a 2017 3500 Dodge Cab and Chassis. It's GVW is 14,000 ( I'm 99% sure it could have been 12,000) but that right there from what I read makes me need a CDL to just drive it alone across state lines. Or am I wrong on that? At the moment I only have a 2 horse bumper pull so I am good there I think but not across state lines? Since it's 10,000 lbs to cross the line. I think I will probably just end up getting a CDL one day if they let me test in my rig not a 18 wheeler. I know I can pass the written and the driving but that dang pre trip check is gonna be a doozy haha | |
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| roperqueen - 2018-01-05 3:04 PM
We just bought a 2017 3500 Dodge Cab and Chassis. It's GVW is 14,000 ( I'm 99% sure it could have been 12,000) but that right there from what I read makes me need a CDL to just drive it alone across state lines. Or am I wrong on that? At the moment I only have a 2 horse bumper pull so I am good there I think but not across state lines? Since it's 10,000 lbs to cross the line. I think I will probably just end up getting a CDL one day if they let me test in my rig not a 18 wheeler. I know I can pass the written and the driving but that dang pre trip check is gonna be a doozy haha
I don't think you need one. Remember that GROSS vehicle weight is totally loaded. I went out and looked at the GROSS WEIGHT on my trailer. the axles max capicity is 6000. The GROSS weight is 12578. That means the weight on my trailer is less that 7,000. Somehow I don't think the DPS is going to stop everyone and weigh them. I did see a DPS weighing a fully loaded log truck yesterday but that is a little different. I think a daully is considered a light truck.
Look on the AQHA site. It says there is going to be a 90 day postponement of the law anyway. Just for the record being a member of certain organization that stick up for its members has come advantages. | |
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Posts: 12841
       
| foundation horse - 2018-01-05 1:21 PM
streakysox - 2018-01-05 12:51 PM
If your gvw is over 26,000 or you charge a fee for hauling you must have a CDL. That is way more than most of our rigs. That is federal
You are a teacher. Do the math for the GVWR of a new one ton dually pulling a three horse eight foot short living trailer. I am quite confident the combined wieghts from the data plates will tally up to over 26,001lbs. which by federal law requires a CDL.......................................
So you think teachers know everything? Thank you, I am truly flattered. | |
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  Expert
Posts: 1584
     Location: Central Texas | streakysox - 2018-01-05 3:14 PM roperqueen - 2018-01-05 3:04 PM We just bought a 2017 3500 Dodge Cab and Chassis. It's GVW is 14,000 ( I'm 99% sure it could have been 12,000) but that right there from what I read makes me need a CDL to just drive it alone across state lines. Or am I wrong on that? At the moment I only have a 2 horse bumper pull so I am good there I think but not across state lines? Since it's 10,000 lbs to cross the line. I think I will probably just end up getting a CDL one day if they let me test in my rig not a 18 wheeler. I know I can pass the written and the driving but that dang pre trip check is gonna be a doozy haha I don't think you need one. Remember that GROSS vehicle weight is totally loaded. I went out and looked at the GROSS WEIGHT on my trailer. the axles max capicity is 6000. The GROSS weight is 12578. That means the weight on my trailer is less that 7,000. Somehow I don't think the DPS is going to stop everyone and weigh them. I did see a DPS weighing a fully loaded log truck yesterday but that is a little different. I think a daully is considered a light truck. Look on the AQHA site. It says there is going to be a 90 day postponement of the law anyway. Just for the record being a member of certain organization that stick up for its members has come advantages.
I think you are missing the fact that The Law goes by the GVWR that is on the manufacturer's sticker on the vehicles. What the rig actually ways does not matter. | |
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Gettin Jiggy Wit It
Posts: 2734
    
| Nateracer - 2018-01-05 12:11 PM
rodeomom3 - 2018-01-05 12:08 PM OhMax - 2018-01-05 10:06 AM rodeomom3 - 2018-01-05 6:52 AM This may have been posted already, I did not read all the pages. I fit into this category, over the weight but I do not claim any expenses. According to the I do not need a CDL:
In explanation, amateur owners/non-pros are exempt from the commercial vehicle status if they’re hauling for recreational purposes: you can still load up your horses and go trail riding, and you can still haul your horse to go show for fun as long as you are not deducting your expenses for tax purposes for a business and counting any prize monies as ordinary income (not business income ). Essentially, for the recreational horse owner, there’s no need to worry about installing an ELD as hauling is not considered commercial.
Agricultural exemptions also apply to CMVs: the full list of agricultural exemptions can be found here. For transporting horses under the agricultural exemption, you may travel within a 150-mile radius from the source of your commodity without requiring an ELD — in this case, let’s assume your load of horses from your home barn. You may also travel outside of that 150-mile radius no more than eight days every 30 days with the use of a paper log (no need to use an ELD ). 150 air miles and 8 times a month screw a lot of us who rodeo... Traveling across state lines also messes it up for us. We’ve pretty much decided to get CDL’s. Yep, for us weekend warriors who stay local, looks like it is not an issue. I sure hope it is not as much of a hassle for the rest of you as it appears it could be.
It sucks because I live within 20 minutes of 2 borders and there are close GOOD barrel races across them. Not to mention bonus race finals in Nebraska.
Guess I'll get a book and get to studying.
from the YouTube video posted on here talking about elds on page 5 or 6, if you are still 150 air mile radius from home and cross a state border you are still exempt from an EDL because you are still in your home radius. It was a good video to watch! | |
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Gettin Jiggy Wit It
Posts: 2734
    
| BTW from the YouTube video on page 5 or 6 posted about ELDs it stated that if a person is hauling campers or RVs that are for sale from one store location to the next for the company, they are exempt from needing an EDL no matter how far you haul from how I understood it. . Now tell me how they are exempt but livestock is not? That is the biggest BS I've ever heard! | |
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Married to a Louie Lover
Posts: 3303
    
| streakysox - 2018-01-05 3:14 PM
roperqueen - 2018-01-05 3:04 PM
We just bought a 2017 3500 Dodge Cab and Chassis. It's GVW is 14,000 ( I'm 99% sure it could have been 12,000) but that right there from what I read makes me need a CDL to just drive it alone across state lines. Or am I wrong on that? At the moment I only have a 2 horse bumper pull so I am good there I think but not across state lines? Since it's 10,000 lbs to cross the line. I think I will probably just end up getting a CDL one day if they let me test in my rig not a 18 wheeler. I know I can pass the written and the driving but that dang pre trip check is gonna be a doozy haha
I don't think you need one. Remember that GROSS vehicle weight is totally loaded. I went out and looked at the GROSS WEIGHT on my trailer. the axles max capicity is 6000. The GROSS weight is 12578. That means the weight on my trailer is less that 7,000. Somehow I don't think the DPS is going to stop everyone and weigh them. I did see a DPS weighing a fully loaded log truck yesterday but that is a little different. I think a daully is considered a light truck.
Look on the AQHA site. It says there is going to be a 90 day postponement of the law anyway. Just for the record being a member of certain organization that stick up for its members has come advantages.
So you’re talking apples and oranges.
CDL needs are determined by gross vehicle weight rating stickers. Trucks have one, trailers have one, add them together and you have your rated rig weight - if it’s over 26,001 you need a CDL or if you towing vehicle is over 10,000. Our 2008 Duramax’s GVWR is 11,400. Our 3H 9’ shortwall Lakota is 17,500ish - this is not physical weight in either case, it is the max weight the rig is rated for when loaded to max capacity. Physical weight is not consistent enough to use to determine licensing needs - does not make sense to need a CDL when I haul all 3 horses packed down for a week on the road but not when I only haul 1 to the vet for the day with minimal added weight in hay and water tack etc.
When the DOT pulls you over he’s going to look at the sticker weights and determine that you need to have a CDL. More than likely he’s not going to weigh you UNLESS he has reason to believe you are overloaded. If he’s got portable scales or a weigh station is close and he wants to be a d!ck, he might run you over them. Unless you’ve really got some big ponies and a lot of crap in your trailer, you’re probably going to be under weight.
That is why you see trucks getting weighed and the purpose of weigh stations. Most interstate highways have a weight limit of 80,000 lbs - they’re looking for the guys hauling more than that. Or smaller rigs rated for say 50,000lbs and weighing in at more than that - nothing to do with the drivers CDL status, other than they need one to drive the truck because of the gross weight it can weigh.
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Meanest Teacher!!!
Posts: 8555
      Location: sunny california | okay so I called the dmv to tell them to mail me a DL44 form the noncommercial class A application. also to make sure that the noncommercial test would be available for my appt to take the wirtten. i had two different phones on hold. the first gal says there is only a commercial class A I said nope read your own website. then she says you take the exact same test.
second gal says no problem I will send you the form for the noncommercial class A licence and don't worry their is two different tests. the noncommercial class A is on the computer so no worries that they won't have the right one. for you.
right hand don't know what the left hand is doing | |
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 ...Dot Dot Dot...
Posts: 2062
   Location: SW New Mexico | streakysox - 2018-01-06 2:14 PM
roperqueen - 2018-01-05 3:04 PM
We just bought a 2017 3500 Dodge Cab and Chassis. It's GVW is 14,000 ( I'm 99% sure it could have been 12,000) but that right there from what I read makes me need a CDL to just drive it alone across state lines. Or am I wrong on that? At the moment I only have a 2 horse bumper pull so I am good there I think but not across state lines? Since it's 10,000 lbs to cross the line. I think I will probably just end up getting a CDL one day if they let me test in my rig not a 18 wheeler. I know I can pass the written and the driving but that dang pre trip check is gonna be a doozy haha
I don't think you need one. Remember that GROSS vehicle weight is totally loaded. I went out and looked at the GROSS WEIGHT on my trailer. the axles max capicity is 6000. The GROSS weight is 12578. That means the weight on my trailer is less that 7,000. Somehow I don't think the DPS is going to stop everyone and weigh them. I did see a DPS weighing a fully loaded log truck yesterday but that is a little different. I think a daully is considered a light truck.
Look on the AQHA site. It says there is going to be a 90 day postponement of the law anyway. Just for the record being a member of certain organization that stick up for its members has come advantages.
There are already reports of rigs being pulled over by the DOT, 90 day delay, or not.
Gestapo is on duty. | |
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 Accident Prone
Posts: 22277
          Location: 100 miles from Nowhere, AR | So I finally looked at the stickers today and my 2010 GMC Dually and 3 horse Cimarron trailer with 14' LQ have a GVWR of 25,400. BAM Arkansas exempts RVs. Double BAM. My actual fully loaded weight is around 24,000. I got dis... | |
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Gettin Jiggy Wit It
Posts: 2734
    
| Three 4 Luck - 2018-01-05 8:58 PM
So I finally looked at the stickers today and my 2010 GMC Dually and 3 horse Cimarron trailer with 14' LQ have a GVWR of 25,400. BAM Arkansas exempts RVs. Double BAM. My actual fully loaded weight is around 24,000. I got dis...
What is the gvwr of just your truck? | |
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 Accident Prone
Posts: 22277
          Location: 100 miles from Nowhere, AR | WetSaddleBlankets - 2018-01-05 10:11 PM Three 4 Luck - 2018-01-05 8:58 PM So I finally looked at the stickers today and my 2010 GMC Dually and 3 horse Cimarron trailer with 14' LQ have a GVWR of 25,400. BAM Arkansas exempts RVs. Double BAM. My actual fully loaded weight is around 24,000. I got dis... What is the gvwr of just your truck?
11,400 | |
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Gettin Jiggy Wit It
Posts: 2734
    
| Three 4 Luck - 2018-01-05 10:18 PM WetSaddleBlankets - 2018-01-05 10:11 PM Three 4 Luck - 2018-01-05 8:58 PM So I finally looked at the stickers today and my 2010 GMC Dually and 3 horse Cimarron trailer with 14' LQ have a GVWR of 25,400. BAM Arkansas exempts RVs. Double BAM. My actual fully loaded weight is around 24,000. I got dis... What is the gvwr of just your truck? 11,400 so most duallys weigh over the 10,001 limit and will qualify as a commercial vehicle. They will need an EDL to operate according to the post I saw if you go out of the 150 air mile radius from home more than 8 days out of 30 days. Edited to add they are over the 11,000 gvwr for pulling vehicle and the 15,000 gvwr trailer combination qualifying for the a CDL? I'm so confused.... https://m.facebook.com/story.php?story_fbid=1853114438034381&id=1883...
Edited by WetSaddleBlankets 2018-01-05 11:58 PM
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  Semper Fi
             Location: North Texas | This new regulation is written so as to eliminate as loopholes as possible to accrue as much revenue as possible. All in the name of "Public Safety"! | |
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  Semper Fi
             Location: North Texas | One must remember also, that a rig over 10,000 GVWR requires a Medical Certificate via current regs................................ | |
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| There is something on the AQHA site about all thi being postponed. I just saw a post on Facebook by a court reporter friend says they are delaying this for 5 years for small trucking companies who make less than $27.5 million. I make slightly less than this so I think I am good. | |
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 I hate cooking and cleaning
Posts: 3314
     Location: Jersey Girl | streakysox - 2018-01-06 6:49 PM There is something on the AQHA site about all thi being postponed. I just saw a post on Facebook by a court reporter friend says they are delaying this for 5 years for small trucking less than this so I think I am good.companies who make less than $27.5 million. I make slightly
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Married to a Louie Lover
Posts: 3303
    
| Another question that recently popped into my head -
If I get my CDL to drive my 11,400 gvwr dually and 16,700 gvwr trailer to haul my own horses to rodeos, not for hire - do I have to carry commercial insurance? | |
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Elite Veteran
Posts: 762
     Location: NC | Just saw this on FB. This doesnt show horse trailers but this shows what big truck drivers are going thru with having ELD's in their trucks. There is no way I would shut down on the side of any ice-y road with a horse trailer, even with an ELD in truck. And all the truck stops were full. (the end is a bit of a rant but the line of trucks shut down is amazing)
https://www.facebook.com/1760152367/videos/10204316244743818/ | |
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 Sorry I don't have any advice
Posts: 1975
         Location: Sunnyland Florida | Just reading everything and trying to comprehend.
I. HAVE. A. HEADACHE.
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 Namesless in BHW
Posts: 10368
       Location: At the race track with Ah Dee Ohs | Runaway - 2018-01-07 9:15 PM
Just reading everything and trying to comprehend.
I. HAVE. A. HEADACHE.
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 Tried and True
Posts: 21185
         Location: Where I am happiest | OhMax - 2018-01-07 8:17 AM
Another question that recently popped into my head -
If I get my CDL to drive my 11,400 gvwr dually and 16,700 gvwr trailer to haul my own horses to rodeos, not for hire - do I have to carry commercial insurance?
Best question yet!! I hadn't even thought about this aspect. Holy cow! Commercial insurance is astronomical!! | |
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Married to a Louie Lover
Posts: 3303
    
| ThreeCorners - 2018-01-08 7:09 AM
OhMax - 2018-01-07 8:17 AM
Another question that recently popped into my head -
If I get my CDL to drive my 11,400 gvwr dually and 16,700 gvwr trailer to haul my own horses to rodeos, not for hire - do I have to carry commercial insurance?
Best question yet!! I hadn't even thought about this aspect. Holy cow! Commercial insurance is astronomical!!
Yep. We’re having a commercial quote worked up right now for some non horse related work we do. I’m slightly terrified... | |
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Extreme Veteran
Posts: 418
   
| The log systems rule has been delayed 90 days, not the requirements for CDL
taken from ttps://www.fmcsa.dot.gov/regulations/title49
MY take only!! But maybe it will help someone be able to start their own research
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 is a—
(1) Combination Vehicle (Group A)—having 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
Used in commerce is number 1, are you using it in commerce, barrel racers: do you deduct mileage fuel, costs, and itemize on your taxes? If not then not used in commerce see below exemption
(f) Exceptions. Unless otherwise specifically provided, the rules in this subchapter do not apply to—
(3) The occasional transportation of personal property by individuals not for compensation and not in the furtherance of a commercial enterprise;
Question 21: 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?
Their answer: 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 (b) 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. Drivers must confer with their State of licensure to determine the licensing provisions to which they are subject.
Hauling horses to sales seems to have an exemption (This is my own take, please make your own decision!)
Covered farm vehicle—
(1) Means a straight truck or articulated vehicle—
(i) Registered in a State with a license plate or other designation issued by the State of registration that allows law enforcement officials to identify it as a farm vehicle;
(ii) Operated by the owner or operator of a farm or ranch, or an employee or family member of a an owner or operator of a farm or ranch;
(iii) Used to transport agricultural commodities, livestock, machinery or supplies to or from a farm or ranch; and
(iv) Not used in for-hire motor carrier operations; however, for-hire motor carrier operations do not include the operation of a vehicle meeting the requirements of paragraphs (1)(i) through (iii) of this definition by a tenant pursuant to a crop share farm lease agreement to transport the landlord's portion of the crops under that agreement.
(2) Meeting the requirements of paragraphs (1)(i) through (iv) of this definition:
(i) With a gross vehicle weight or gross vehicle weight rating, whichever is greater, of 26,001 pounds or less may utilize the exemptions in §390.39 anywhere in the United States; or
§390.39 Exemptions for “covered farm vehicles.”
(a) Federal requirements. A covered farm vehicle, as defined in §390.5, including the individual operating that vehicle, is exempt from the following:
(1) Any requirement relating to commercial driver's licenses in 49 CFR Part 383 or controlled substances and alcohol use and testing in 49 CFR Part 382;
(2) Any requirement in 49 CFR Part 391, Subpart E, Physical Qualifications and Examinations.
(3) Any requirement in 49 CFR Part 395, Hours of Service of Drivers.
(4) Any requirement in 49 CFR Part 396, Inspection, Repair, and Maintenance.
c) Other exemptions and exceptions. The exemptions in paragraphs (a) and (b) of this section are in addition to, not in place of, the agricultural exemptions and exceptions in §§383.3(d)(1), 383.3(e), 383.3(f), 391.2(a), 391.2(b), 391.2(c), 391.67, 395.1(e)(1), 395.1(e)(2), 395.1(h), 395.1(i), and 395.1(k) of this chapter. Motor carriers and drivers may utilize any combination of these exemptions and exceptions, providing they comply fully with each separate exemption and exception.
NO CDL required? transporting livestock from a ranch, under 26,0001 if over its limited to 150 air miles.
White paper on the farm regs. https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Federal_Reg...
Its also my understanding that your state can go stricter, know your state laws, but there is reciprocity for other states so your cdl from your state should suffice for others (again, I believe,)
The State must allow any person to operate a CMV in the State who is not disqualified from operating a CMV and who holds a CLP or CDL that is—
(a) Issued to him or her by his/her State or jurisdiction of domicile in accordance with part 383 of this subchapter;
(b) Not disqualified; and
(c) Valid, under the terms of part 383, subpart F, of this subchapter, for the type of vehicle being driven.
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 Tried and True
Posts: 21185
         Location: Where I am happiest | rushlvr - 2018-01-08 11:46 AM
The log systems rule has been delayed 90 days, not the requirements for CDL
taken from ttps://www.fmcsa.dot.gov/regulations/title49
MY take only!! But maybe it will help someone be able to start their own research
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 is a—
(1 ) Combination Vehicle (Group A )—having 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
Used in commerce is number 1, are you using it in commerce, barrel racers: do you deduct mileage fuel, costs, and itemize on your taxes? If not then not used in commerce see below exemption
(f ) Exceptions. Unless otherwise specifically provided, the rules in this subchapter do not apply to—
(3 ) The occasional transportation of personal property by individuals not for compensation and not in the furtherance of a commercial enterprise;
Question 21: 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?
Their answer: 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 (b ) 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. Drivers must confer with their State of licensure to determine the licensing provisions to which they are subject.
Hauling horses to sales seems to have an exemption (This is my own take, please make your own decision! )
Covered farm vehicle—
(1 ) Means a straight truck or articulated vehicle—
(i ) Registered in a State with a license plate or other designation issued by the State of registration that allows law enforcement officials to identify it as a farm vehicle;
(ii ) Operated by the owner or operator of a farm or ranch, or an employee or family member of a an owner or operator of a farm or ranch;
(iii ) Used to transport agricultural commodities, livestock, machinery or supplies to or from a farm or ranch; and
(iv ) Not used in for-hire motor carrier operations; however, for-hire motor carrier operations do not include the operation of a vehicle meeting the requirements of paragraphs (1 ) (i ) through (iii ) of this definition by a tenant pursuant to a crop share farm lease agreement to transport the landlord's portion of the crops under that agreement.
(2 ) Meeting the requirements of paragraphs (1 ) (i ) through (iv ) of this definition:
(i ) With a gross vehicle weight or gross vehicle weight rating, whichever is greater, of 26,001 pounds or less may utilize the exemptions in §390.39 anywhere in the United States; or
§390.39 Exemptions for “covered farm vehicles.”
(a ) Federal requirements. A covered farm vehicle, as defined in §390.5, including the individual operating that vehicle, is exempt from the following:
(1 ) Any requirement relating to commercial driver's licenses in 49 CFR Part 383 or controlled substances and alcohol use and testing in 49 CFR Part 382;
(2 ) Any requirement in 49 CFR Part 391, Subpart E, Physical Qualifications and Examinations.
(3 ) Any requirement in 49 CFR Part 395, Hours of Service of Drivers.
(4 ) Any requirement in 49 CFR Part 396, Inspection, Repair, and Maintenance.
c ) Other exemptions and exceptions. The exemptions in paragraphs (a ) and (b ) of this section are in addition to, not in place of, the agricultural exemptions and exceptions in §§383.3 (d ) (1 ), 383.3 (e ), 383.3 (f ), 391.2 (a ), 391.2 (b ), 391.2 (c ), 391.67, 395.1 (e ) (1 ), 395.1 (e ) (2 ), 395.1 (h ), 395.1 (i ), and 395.1 (k ) of this chapter. Motor carriers and drivers may utilize any combination of these exemptions and exceptions, providing they comply fully with each separate exemption and exception.
NO CDL required? transporting livestock from a ranch, under 26,0001 if over its limited to 150 air miles.
White paper on the farm regs. https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Federal_Reg...
Its also my understanding that your state can go stricter, know your state laws, but there is reciprocity for other states so your cdl from your state should suffice for others (again, I believe, )
The State must allow any person to operate a CMV in the State who is not disqualified from operating a CMV and who holds a CLP or CDL that is—
(a ) Issued to him or her by his/her State or jurisdiction of domicile in accordance with part 383 of this subchapter;
(b ) Not disqualified; and
(c ) Valid, under the terms of part 383, subpart F, of this subchapter, for the type of vehicle being driven.
so is this saying even if your combined weight is under 26000 If your towing vehicle has a gvw over 10,000 you need a CDL and a ELD unit? | |
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Extreme Veteran
Posts: 418
   
| I don't think so, a single vehicle has to be over 26k by itself,
the trailer has to be at least GVWR of 10,000 to be included in the weight rating. the trucks normally will always be over 10K GVWR as a dually i believe. its very confusing! i have reached out to my dept. of motor vehicle at the attorney generals office and they respond very fast so they are helping me, hopefully you all could get likewise service by your states.
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A Cool Sharp One
     
| there is a diagram on FB that I found and it basiclly says this.....
The bottom line.... in general these rules do not apply to the occasional short-haul transportaion of horses, provided it is not for compensation or commercial purposes
Basicaly, if you are hauling for recreational purposes or not showing for prize money, you are exempt from the ELd manadate
So are these situations when I don't need an ELD?
yes, if you are not driving more than 11 hours
yes, if you, the driver, take 10 consecutive hours off between shifts
yes, if you start and return your drive to the same location within 12 hours time
yes, if you drive within a 100 air mile radius (as the crow flies) from the normal starting work location
so in other words if I am going somewhere for the day or weekend and not leavin the state and I get stopped then I am going camping for the weekend, and I'm not lying because my small 11' lq trailer is what I am camping in | |
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 Namesless in BHW
Posts: 10368
       Location: At the race track with Ah Dee Ohs | mattslilwonder - 2018-01-08 2:49 PM there is a diagram on FB that I found and it basiclly says this.....
The bottom line.... in general these rules do not apply to the occasional short-haul transportaion of horses, provided it is not for compensation
or commercial purposes
Basicaly, if you are hauling for recreational purposes or not showing for prize money, you are exempt from the ELd manadate
So are these situations when I don't need an ELD?
yes, if you are not driving more than 11 hours
yes, if you, the driver, take 10 consecutive hours off between shifts
yes, if you start and return your drive to the same location within 12 hours time
yes, if you drive within a 100 air mile radius (as the crow flies) from the normal starting work location
so in other words if I am going somewhere for the day or weekend and not leavin the state and I get stopped then
I am going camping for the weekend, and I'm not lying because my small 11' lq trailer is what I am camping in
I believe it also says there is no CDL needed is this instance. | |
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Extreme Veteran
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| Please understand that once you cross that state line, the 26,001 weight limit rule goes to 10,001 pounds and that is going to involve pretty much anybody
can you give me a link to this i can't find it and i have been looking.
thanks | |
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 Take a Picture
Posts: 12841
       
| I spoke to a DPS patrolman yesterday at the court house. (this is in TX) Long story short, he said don't worry be happy. So I will. | |
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 Hugs to You
Posts: 7551
     Location: In The Land of Cotton | rushlvr - 2018-01-09 11:47 AM Please understand that once you cross that state line, the 26,001 weight limit rule goes to 10,001 pounds and that is going to involve pretty much anybody can you give me a link to this i can't find it and i have been looking. thanks
No, it doesn't. Federal law is 26001. Has been since the 1980's. It is 10,001 lbs for a medical card. Anything anyone is hauling with a combined weight of 10,001 or more has to have a medical card. This law has been in affect since the 1980's.
Go to the Federal Mottor Carrier page - google the medical card and weight limits - google who must have a CDL - it's all there. | |
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Extreme Veteran
Posts: 418
   
| thank you. its so freaking confusing so we don't need a cdl because we are under 26001 but need a medical card? jesus no wonder nobody can figure this crap out coming to it late in the game. | |
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 Hugs to You
Posts: 7551
     Location: In The Land of Cotton | rushlvr - 2018-01-09 1:24 PM thank you. its so freaking confusing so we don't need a cdl because we are under 26001 but need a medical card? jesus no wonder nobody can figure this crap out coming to it late in the game.
Yes that is it. 10,001 and over everyone needs a medical card. 26,001 and over a CDL.
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  Location: in the ozone | rushlvr - 2018-01-09 9:47 AM
Please understand that once you cross that state line, the 26,001 weight limit rule goes to 10,001 pounds and that is going to involve pretty much anybody
can you give me a link to this i can't find it and i have been looking.
thanks
You go by what YOUR licensing state's laws are. There'd be no way in h for a person to know & follow each state's laws, so BY LAW, you follow YOUR OWN | |
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 Go Your Own Way
Posts: 4947
        Location: SE KS | Heads up people - In El Dorado, KS this "WEEK" everyone read this "week." A lady was taking her horse to the vet and she was stopped by a DOT checking to see if she had her CDL - no - she is a local lady - he shut her down and would not allow her to take the horse to the vet. She has been fined $326 and the husband who does have a CDL had to take the horse on to the vet - they had a 4/5 horse trailer. so she was local , going to her local vet, and they still shut her down and fined.....
Edited by Dinero10 2018-01-10 8:50 AM
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 Tried and True
Posts: 21185
         Location: Where I am happiest | and here I came to just ask if anybody knows first hand of anybody actually getting stopped or ticketed. | |
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Posts: 823
    Location: East Texas | Talked to 2 troopers (one a sgt. and the other a DOT guy) here in TX this week, and they said they are not looking for pickups and horse trailers. They said legislators do not think about the common sense aspect of trying to enforce this on the horse/ag industry
We are headed to MS next weekend.....hope they feel the same
Just looked up TX requirements for class B CDL which I have...... Now to make sure my horse trailer has farm tag (I cant remember) because its GVWR is 20,000
Authorizes an individual to drive:
Single vehicle with a GVWR of 26,001 pounds or more
Single vehicle with a GVWR of 26,000 pounds or more that is towing a vehicle with a GVWR that does not exceed 10,000 pounds or a farm trailer with a GVWR that does not exceed 20,000 pounds
A bus with a seating capacity of 24 passengers or more including the driver
Edited by CrossDRanch 2018-01-10 3:45 PM
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 I hate cooking and cleaning
Posts: 3314
     Location: Jersey Girl | Dinero10 - 2018-01-10 9:47 AM Heads up people - In El Dorado, KS this "WEEK" everyone read this "week." A lady was taking her horse to the vet and she was stopped by a DOT
checking to see if she had her CDL - no - she is a local lady - he shut her down and would not allow her to take the horse to the vet. She has been fined $326 and the husband who does have a CDL had to take the horse on to the vet - they had a 4/5 horse trailer. so she was local , going to her local vet, and they still shut her down and fined.....
Was she over 26001? I am going to assume she was since they shut her down and would only allow a CDL driver behind the wheel. | |
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     Location: Not Where I Want to Be | CrossDRanch - 2018-01-10 4:36 PM Talked to 2 troopers (one a sgt. and the other a DOT guy) here in TX this week, and they said they are not looking for pickups and horse trailers. They said legislators do not think about the common sense aspect of trying to enforce this on the horse/ag industry We are headed to MS next weekend.....hope they feel the same Just looked up TX requirements for class B CDL which I have...... Now to make sure my horse trailer has farm tag (I cant remember) because its GVWR is 20,000 Authorizes an individual to drive: Single vehicle with a GVWR of 26,001 pounds or more Single vehicle with a GVWR of 26,000 pounds or more that is towing a vehicle with a GVWR that does not exceed 10,000 pounds or a farm trailer with a GVWR that does not exceed 20,000 pounds A bus with a seating capacity of 24 passengers or more including the driver
A farm tag is not a get out of jail free card.
and you will technically be breaking a whole other set of regs by using a farm tagged trailer to go recreating | |
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 Elite Veteran
Posts: 823
    Location: East Texas | No, but with my license it will allow me to be over 26K.
Along with an ag exemption registration number, here is the requirement to get farm tag on your trailer in TX
The Farm Trailer/Semitrailer will be used exclusively to transport seasonally harvested agricultural products or livestock from the place of production to the place of process, market, or storage; or farm supplies from the place of loading to the farm. The vehicle may be used to allow farmer/ranchers to participate in equine activities or attend livestock shows
I am glad you are concerned for me, but if you read that last sentence carefully, you will see that this will cover me as far as licencing.
Edited by CrossDRanch 2018-01-11 12:28 PM
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     Location: Not Where I Want to Be | ok, good luck.
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 Go Your Own Way
Posts: 4947
        Location: SE KS | fulltiltfilly - 2018-01-11 11:56 AM Dinero10 - 2018-01-10 9:47 AM Heads up people - In El Dorado, KS this "WEEK" everyone read this "week." A lady was taking her horse to the vet and she was stopped by a DOT
checking to see if she had her CDL - no - she is a local lady - he shut her down and would not allow her to take the horse to the vet. She has been fined $326 and the husband who does have a CDL had to take the horse on to the vet - they had a 4/5 horse trailer. so she was local , going to her local vet, and they still shut her down and fined.....
Was she over 26001? I am going to assume she was since they shut her down and would only allow a CDL driver behind the wheel.
So I beleive you answered your own question.
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 I hate cooking and cleaning
Posts: 3314
     Location: Jersey Girl | Dinero10 - 2018-01-11 4:05 PM fulltiltfilly - 2018-01-11 11:56 AM Dinero10 - 2018-01-10 9:47 AM Heads up people - In El Dorado, KS this "WEEK" everyone read this "week." A lady was taking her horse to the vet and she was stopped by a DOT
checking to see if she had her CDL - no - she is a local lady - he shut her down and would not allow her to take the horse to the vet. She has been fined $326 and the husband who does have a CDL had to take the horse on to the vet - they had a 4/5 horse trailer. so she was local , going to her local vet, and they still shut her down and fined.....
Was she over 26001? I am going to assume she was since they shut her down and would only allow a CDL driver behind the wheel. So I beleive you answered your own question.
I was asking just to see if it was a weight issue or if they were doing based off of something else in the mandate (that maybe I wasnt aware of) | |
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    Location: Texas | 3canstorun - 2018-01-09 12:48 PM rushlvr - 2018-01-09 1:24 PM thank you. its so freaking confusing so we don't need a cdl because we are under 26001 but need a medical card? jesus no wonder nobody can figure this crap out coming to it late in the game. Yes that is it. 10,001 and over everyone needs a medical card. 26,001 and over a CDL.
I’m on the page now and it also states I need a DOT number if over 10,001 pounds. | |
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Expert
Posts: 4766
       Location: Bandera, TX | CrossDRanch - 2018-01-11 12:24 PM No, but with my license it will allow me to be over 26K. Along with an ag exemption registration number, here is the requirement to get farm tag on your trailer in TX The Farm Trailer/Semitrailer will be used exclusively to transport seasonally harvested agricultural products or livestock from the place of production to the place of process, market, or storage; or farm supplies from the place of loading to the farm. The vehicle may be used to allow farmer/ranchers to participate in equine activities or attend livestock shows I am glad you are concerned for me, but if you read that last sentence carefully, you will see that this will cover me as far as licencing.
TBTG, we have some folks in TX with common sense. I think its time for me to sit down at the table while our DOT guy eats lunch. I need some clarification... | |
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 Veteran
Posts: 268
    Location: 65 miles from the nearest Wal-Mart | It's pretty clear there is an insane amount of confusion surrounding this issue. Maybe this Facebook Group will help? https://www.facebook.com/groups/580112742380794/ | |
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Duct Tape Bikini Girl
Posts: 2554
   
| For those of you that don't know, just open the driver's side door of your pickup and look for a white sticker. Your truck's weight is on it. Also, most trailers have a weight sticker with empty weight and recommended weight limit. | |
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 Expert
Posts: 3815
      Location: The best kept secret in TX | luckyjo - 2018-01-15 3:17 PM For those of you that don't know, just open the driver's side door of your pickup and look for a white sticker. Your truck's weight is on it. Also, most trailers have a weight sticker with empty weight and recommended weight limit.
You'd think most people would know this.... LOL but most don't. I had a friend call and ask me what PSI her tires needed to be at on her new sedan... She had no idea the sticker existed. I questioned our friendship. Kidding. But seriously... | |
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 Veteran
Posts: 268
    Location: 65 miles from the nearest Wal-Mart | luckyjo - 2018-01-15 3:17 PM For those of you that don't know, just open the driver's side door of your pickup and look for a white sticker. Your truck's weight is on it. Also, most trailers have a weight sticker with empty weight and recommended weight limit.
Yup -- and your trailer's GVWR is what it should be able to haul fully loaded -- that's how they get you over-weight tickets. My trailer has a GVWR of 17,343. It has 2, 7500lb axles. The remainder of the weight goes on the tongue (or in other words in the pickup bed). With two horses in that four horse, i'm nowhere near maxed out. but with four, a full tank of water in the LQ, 2 full 30lb propane tanks and 12-13 bales of 80-100lbs of alfalfa on top, it's not hard to see how one could max out quick! haha! | |
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  Semper Fi
             Location: North Texas | luckyjo - 2018-01-15 3:17 PM
For those of you that don't know, just open the driver's side door of your pickup and look for a white sticker. Your truck's weight is on it. Also, most trailers have a weight sticker with empty weight and recommended weight limit.
These are the 'data plates' I keep referring to, that Highway Officials will tally up to determine whether or not a CDL is required on weight alone. No scales required.
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Gettin Jiggy Wit It
Posts: 2734
    
| luckyjo - 2018-01-15 3:17 PM
For those of you that don't know, just open the driver's side door of your pickup and look for a white sticker. Your truck's weight is on it. Also, most trailers have a weight sticker with empty weight and recommended weight limit.
Obviously to know if you need a CDL. You can get a non commercial CDL too. But to be mandated to have an ELD you don't have to have a CDL. You just have to be a commercial vehicle and drive more then 8 days out of of the 100- 150 air miles in 30 days. | |
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Posts: 268
    Location: 65 miles from the nearest Wal-Mart | Not every state offers a non-commercial CDL. Ours doesn't. | |
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       Location: midwest mama | I'm confused.....
Does the electronic log device go on your truck or your trailer?
If it goes on your truck how does it work if your truck is your only vehicle and you drive it a lot when it isn't hooked up to your trailer? | |
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 Expert
Posts: 5293
     
| OldSchoolCowgirl - 2018-01-16 1:36 PM
I'm confused.....
Does the electronic log device go on your truck or your trailer?
If it goes on your truck how does it work if your truck is your only vehicle and you drive it a lot when it isn't hooked up to your trailer?
It goes on the truck because it has to log driving hours. It is wired into the trucks computer to pull data and send via satellite to DOT where they can see drivetime etc. its totally nuts just like you describe. What if your driving 12 hours to visit family with NO TRAILER or non commercial use. It also doesn't take into account multiple drivers. It only records the truck is moving for a specified time. So much for hauling with a buddy and taking turns driving.  | |
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 Toastest with the Mostest
Posts: 5712
    Location: That part of Texas | slipperyslope - 2018-01-09 9:25 PM rushlvr - 2018-01-09 9:47 AM Please understand that once you cross that state line, the 26,001 weight limit rule goes to 10,001 pounds and that is going to involve pretty much anybody can you give me a link to this i can't find it and i have been looking. thanks You go by what YOUR licensing state's laws are. There'd be no way in h for a person to know & follow each state's laws, so BY LAW, you follow YOUR OWN
No, once you cross that state line you are subject to the federal rule then -- and it's 10,001 pounds for everybody, no matter which state you find yourself in. So yes, you do have to know your own state but also that federal law if you cross the state line. | |
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  Semper Fi
             Location: North Texas | Red Raider - 2018-01-16 5:09 PM
slipperyslope - 2018-01-09 9:25 PM rushlvr - 2018-01-09 9:47 AM Please understand that once you cross that state line, the 26,001 weight limit rule goes to 10,001 pounds and that is going to involve pretty much anybody can you give me a link to this i can't find it and i have been looking. thanks You go by what YOUR licensing state's laws are. There'd be no way in h for a person to know & follow each state's laws, so BY LAW, you follow YOUR OWN
No, once you cross that state line you are subject to the federal rule then -- and it's 10,001 pounds for everybody, no matter which state you find yourself in. So yes, you do have to know your own state but also that federal law if you cross the state line.
The amount of misinformation exhibited on this thread is completely mind boggling. Federal Regs have been in place since about 85/86 in regards to CDL requirements. There is no such animal as an 'non-commercial' C-Commercial D-Driver's L-License! The weight rating is 26001# that requires a CDL! Combined from the data plates of the vehicles being operated! No scales required to tally GVWR figures on data plates! A Medical Card is required for weights over 10000#!
Research via DOT or State DMV, The REGS are ALL THE SAME! | |
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Gettin Jiggy Wit It
Posts: 2734
    
| foundation horse - 2018-01-16 5:42 PM Red Raider - 2018-01-16 5:09 PM slipperyslope - 2018-01-09 9:25 PM rushlvr - 2018-01-09 9:47 AM Please understand that once you cross that state line, the 26,001 weight limit rule goes to 10,001 pounds and that is going to involve pretty much anybody can you give me a link to this i can't find it and i have been looking. thanks You go by what YOUR licensing state's laws are. There'd be no way in h for a person to know & follow each state's laws, so BY LAW, you follow YOUR OWN No, once you cross that state line you are subject to the federal rule then -- and it's 10,001 pounds for everybody, no matter which state you find yourself in. So yes, you do have to know your own state but also that federal law if you cross the state line. The amount of misinformation exhibited on this thread is completely mind boggling. Federal Regs have been in place since about 85/86 in regards to CDL requirements. There is no such animal as an 'non-commercial' C-Commercial D-Driver's L-License! The weight rating is 26001# that requires a CDL! Combined from the data plates of the vehicles being operated! No scales required to tally GVWR figures on data plates! A Medical Card is required for weights over 10000#! Research via DOT or State DMV, The REGS are ALL THE SAME! Then if you know all the answers to the questions on here write them up and make a list!!!! SOOORRY for my misinformation! I meant a non commercial cdl as in a non commercial class A and B license. Here is a link explaining... Edited to make the link work https://www.rvbasictraining.com/tip-of-the-month/the-non-commercial-...
Edited by WetSaddleBlankets 2018-01-16 7:16 PM
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Gettin Jiggy Wit It
Posts: 2734
    
| foundation horse - 2018-01-16 5:42 PM
Red Raider - 2018-01-16 5:09 PM
slipperyslope - 2018-01-09 9:25 PM rushlvr - 2018-01-09 9:47 AM Please understand that once you cross that state line, the 26,001 weight limit rule goes to 10,001 pounds and that is going to involve pretty much anybody can you give me a link to this i can't find it and i have been looking. thanks You go by what YOUR licensing state's laws are. There'd be no way in h for a person to know & follow each state's laws, so BY LAW, you follow YOUR OWN
No, once you cross that state line you are subject to the federal rule then -- and it's 10,001 pounds for everybody, no matter which state you find yourself in. So yes, you do have to know your own state but also that federal law if you cross the state line.
The amount of misinformation exhibited on this thread is completely mind boggling. Federal Regs have been in place since about 85/86 in regards to CDL requirements. There is no such animal as an 'non-commercial' C-Commercial D-Driver's L-License! The weight rating is 26001# that requires a CDL! Combined from the data plates of the vehicles being operated! No scales required to tally GVWR figures on data plates! A Medical Card is required for weights over 10000#!
Research via DOT or State DMV, The REGS are ALL THE SAME!
I am really confused. So if I'm driving in my dually (gvwr 11,400) with NO trailer acrossed state lines to just go visit family or pick something up ect in another state I need a medical card since it's over 10,001 gvwr? Or is it just 10,001 needing a medical card if you are "commercial"? | |
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 Veteran
Posts: 268
    Location: 65 miles from the nearest Wal-Mart | WetSaddleBlankets - 2018-01-16 7:05 PM foundation horse - 2018-01-16 5:42 PM Red Raider - 2018-01-16 5:09 PM slipperyslope - 2018-01-09 9:25 PM rushlvr - 2018-01-09 9:47 AM Please understand that once you cross that state line, the 26,001 weight limit rule goes to 10,001 pounds and that is going to involve pretty much anybody can you give me a link to this i can't find it and i have been looking. thanks You go by what YOUR licensing state's laws are. There'd be no way in h for a person to know & follow each state's laws, so BY LAW, you follow YOUR OWN No, once you cross that state line you are subject to the federal rule then -- and it's 10,001 pounds for everybody, no matter which state you find yourself in. So yes, you do have to know your own state but also that federal law if you cross the state line. The amount of misinformation exhibited on this thread is completely mind boggling. Federal Regs have been in place since about 85/86 in regards to CDL requirements. There is no such animal as an 'non-commercial' C-Commercial D-Driver's L-License! The weight rating is 26001# that requires a CDL! Combined from the data plates of the vehicles being operated! No scales required to tally GVWR figures on data plates! A Medical Card is required for weights over 10000#! Research via DOT or State DMV, The REGS are ALL THE SAME! I am really confused. So if I'm driving in my dually (gvwr 11,400 ) with NO trailer acrossed state lines to just go visit family or pick something up ect in another state I need a medical card since it's over 10,001 gvwr? Or is it just 10,001 needing a medical card if you are "commercial"?
No. you don't. The weight threshold for a CMV (Commercial Motor Vehicle) is 10,001Lbs. If you don't have commercial plates and you aren't using it in commerce (which is know is stupid, b/c if you take it shopping, you're participating in commerce). But here's the definiton: You'd need to be using that for your business. and you should have commercial plates. It is your personal vehicle, used for your life. You're not a general contractor running a business out of it, right? You don't hang drywall, or use it to run a lawn mowing business. That's commercial. You just drive it, and use it to have fun going to barrel races. You're not using it to run a business. :) Call your state DOT. They'll agree. | |
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Gettin Jiggy Wit It
Posts: 2734
    
| jropergirl - 2018-01-17 6:16 AM
WetSaddleBlankets - 2018-01-16 7:05 PM foundation horse - 2018-01-16 5:42 PM Red Raider - 2018-01-16 5:09 PM slipperyslope - 2018-01-09 9:25 PM rushlvr - 2018-01-09 9:47 AM Please understand that once you cross that state line, the 26,001 weight limit rule goes to 10,001 pounds and that is going to involve pretty much anybody can you give me a link to this i can't find it and i have been looking. thanks You go by what YOUR licensing state's laws are. There'd be no way in h for a person to know & follow each state's laws, so BY LAW, you follow YOUR OWN No, once you cross that state line you are subject to the federal rule then -- and it's 10,001 pounds for everybody, no matter which state you find yourself in. So yes, you do have to know your own state but also that federal law if you cross the state line. The amount of misinformation exhibited on this thread is completely mind boggling. Federal Regs have been in place since about 85/86 in regards to CDL requirements. There is no such animal as an 'non-commercial' C-Commercial D-Driver's L-License! The weight rating is 26001# that requires a CDL! Combined from the data plates of the vehicles being operated! No scales required to tally GVWR figures on data plates! A Medical Card is required for weights over 10000#! Research via DOT or State DMV, The REGS are ALL THE SAME! I am really confused. So if I'm driving in my dually (gvwr 11,400 ) with NO trailer acrossed state lines to just go visit family or pick something up ect in another state I need a medical card since it's over 10,001 gvwr? Or is it just 10,001 needing a medical card if you are "commercial"?
No. you don't. The weight threshold for a CMV (Commercial Motor Vehicle) is 10,001Lbs. If you don't have commercial plates and you aren't using it in commerce (which is know is stupid, b/c if you take it shopping, you're participating in commerce). But here's the definiton: You'd need to be using that for your business. and you should have commercial plates. It is your personal vehicle, used for your life. You're not a general contractor running a business out of it, right? You don't hang drywall, or use it to run a lawn mowing business. That's commercial. You just drive it, and use it to have fun going to barrel races. You're not using it to run a business. :) Call your state DOT. They'll agree.
you are correct. I only use it as a personal vehicle and for hauling to races. most people driving a Horse trailer that is over the 26,001 weight to a barrel race are supposed to have a cdl or the class a or b license. Well if the weight drops to 10,001 in the truck you normally pull with and are going acrossed state lines..... There is so much here confusion. I guess I should look at my dad's situation. He works for the pipeline out of state and has a mechanic rig that the gvw on the sticker on his truck is actually at 26,000. Saved by one pound lol. So he is not required to need a CDL but has a dot number with a health card. | |
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  Location: in the ozone | Red Raider - 2018-01-16 4:09 PM
slipperyslope - 2018-01-09 9:25 PM rushlvr - 2018-01-09 9:47 AM Please understand that once you cross that state line, the 26,001 weight limit rule goes to 10,001 pounds and that is going to involve pretty much anybody can you give me a link to this i can't find it and i have been looking. thanks You go by what YOUR licensing state's laws are. There'd be no way in h for a person to know & follow each state's laws, so BY LAW, you follow YOUR OWN
No, once you cross that state line you are subject to the federal rule then -- and it's 10,001 pounds for everybody, no matter which state you find yourself in. So yes, you do have to know your own state but also that federal law if you cross the state line.
that 10,001# doesn't apply to recreational use only anyway | |
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 Just a Yankee
Posts: 1239
    Location: Some where I haven't left yet | CDL-A = Combination vehicle. ELD's are HARD wired to the ECM of the "power unit" they have the ability to track "teams". The trouble is.... that DOT is cracking down on "personal Conveyance" or when the vehicle is used in the case of a pickup... driven to the grocery store. The other problem is if you have a 40 hour a week job... those 40 hours are considered "on duty" time and tracks against your available time for weekend driving. Yes, that is correct, I've been through a DOT audit. So.... You drive to work, work, drive home... all of those hours will count against the 70 hour rule for the weekend. So in other words, your out of hours before you go to the barrel race. The ELD rule has been coming for over TWO YEARS... where was the outrage then? | |
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 Accident Prone
Posts: 22277
          Location: 100 miles from Nowhere, AR | Lucylouwon - 2018-01-18 8:07 AM CDL-A = Combination vehicle. ELD's are HARD wired to the ECM of the "power unit" they have the ability to track "teams". The trouble is.... that DOT is cracking down on "personal Conveyance" or when the vehicle is used in the case of a pickup... driven to the grocery store. The other problem is if you have a 40 hour a week job... those 40 hours are considered "on duty" time and tracks against your available time for weekend driving. Yes, that is correct, I've been through a DOT audit. So.... You drive to work, work, drive home... all of those hours will count against the 70 hour rule for the weekend. So in other words, your out of hours before you go to the barrel race. The ELD rule has been coming for over TWO YEARS... where was the outrage then?
Where was the outrage? No one knew about it. | |
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  Semper Fi
             Location: North Texas | Three 4 Luck - 2018-01-18 8:41 AM
Lucylouwon - 2018-01-18 8:07 AM CDL-A = Combination vehicle. ELD's are HARD wired to the ECM of the "power unit" they have the ability to track "teams". The trouble is.... that DOT is cracking down on "personal Conveyance" or when the vehicle is used in the case of a pickup... driven to the grocery store. The other problem is if you have a 40 hour a week job... those 40 hours are considered "on duty" time and tracks against your available time for weekend driving. Yes, that is correct, I've been through a DOT audit. So.... You drive to work, work, drive home... all of those hours will count against the 70 hour rule for the weekend. So in other words, your out of hours before you go to the barrel race. The ELD rule has been coming for over TWO YEARS... where was the outrage then?
Where was the outrage? No one knew about it.
I have to agree. The publicity was NOT there.
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 Hugs to You
Posts: 7551
     Location: In The Land of Cotton | Three 4 Luck - 2018-01-18 9:41 AM Lucylouwon - 2018-01-18 8:07 AM CDL-A = Combination vehicle. ELD's are HARD wired to the ECM of the "power unit" they have the ability to track "teams". The trouble is.... that DOT is cracking down on "personal Conveyance" or when the vehicle is used in the case of a pickup... driven to the grocery store. The other problem is if you have a 40 hour a week job... those 40 hours are considered "on duty" time and tracks against your available time for weekend driving. Yes, that is correct, I've been through a DOT audit. So.... You drive to work, work, drive home... all of those hours will count against the 70 hour rule for the weekend. So in other words, your out of hours before you go to the barrel race. The ELD rule has been coming for over TWO YEARS... where was the outrage then? Where was the outrage? No one knew about it.
It actually was in all of the magazines, newspapers etc that deal with trucking. Even the WSJ had articles on it. For at lest the last 4-5 years.
So, if you don't read those things, you didn't know. The ELD manufacturers are the ones pushing hard for this - think lobbyists. Just another get me and a way to sell a product.
It wasn't until it actually passed, (was posted on the federal register for more then two years), that people got into an uproar. The livestock community and haulers should have, could have, etc., got it stopped a lot earlier then they did. But, as usual, this group, that group etc., not one group alone has enough power and/or money to hire the best lobbyists. | |
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 Hugs to You
Posts: 7551
     Location: In The Land of Cotton | Here it is back in 2014 being talked about -
Federal Register :: Electronic Logging Devices and Hours of Service ...https://www.federalregister.gov/.../electronic-logging-devices-and-hours-of-service-su... Mar 28, 2014 - The requirement for printers with each ELD would increase ELD costs by about 40 percent. This is the first time that FMCSA has explored requiring a printer, and it seeks comment on the feasibility and accuracy of the benefit and cost estimates associated with this requirement. Only Option 2, which would ... | |
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     Location: Not Where I Want to Be | 3canstorun - 2018-01-18 10:05 AM
Three 4 Luck - 2018-01-18 9:41 AM Lucylouwon - 2018-01-18 8:07 AM CDL-A = Combination vehicle. ELD's are HARD wired to the ECM of the "power unit" they have the ability to track "teams". The trouble is.... that DOT is cracking down on "personal Conveyance" or when the vehicle is used in the case of a pickup... driven to the grocery store. The other problem is if you have a 40 hour a week job... those 40 hours are considered "on duty" time and tracks against your available time for weekend driving. Yes, that is correct, I've been through a DOT audit. So.... You drive to work, work, drive home... all of those hours will count against the 70 hour rule for the weekend. So in other words, your out of hours before you go to the barrel race. The ELD rule has been coming for over TWO YEARS... where was the outrage then? Where was the outrage? No one knew about it.
It actually was in all of the magazines, newspapers etc that deal with trucking. Even the WSJ had articles on it. For at lest the last 4-5 years.
So, if you don't read those things, you didn't know. The ELD manufacturers are the ones pushing hard for this - think lobbyists. Just another get me and a way to sell a product.
It wasn't until it actually passed, (was posted on the federal register for more then two years), that people got into an uproar. The livestock community and haulers should have, could have, etc., got it stopped a lot earlier then they did. But, as usual, this group, that group etc., not one group alone has enough power and/or money to hire the best lobbyists.
it's being pushed much harder by the big boys.
JB Hunt, Schnieder, etc.
They will use it as a means of cutting the O/O out of the loop
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  Semper Fi
             Location: North Texas | 1DSoon - 2018-01-18 10:02 AM
3canstorun - 2018-01-18 10:05 AM
Three 4 Luck - 2018-01-18 9:41 AM Lucylouwon - 2018-01-18 8:07 AM CDL-A = Combination vehicle. ELD's are HARD wired to the ECM of the "power unit" they have the ability to track "teams". The trouble is.... that DOT is cracking down on "personal Conveyance" or when the vehicle is used in the case of a pickup... driven to the grocery store. The other problem is if you have a 40 hour a week job... those 40 hours are considered "on duty" time and tracks against your available time for weekend driving. Yes, that is correct, I've been through a DOT audit. So.... You drive to work, work, drive home... all of those hours will count against the 70 hour rule for the weekend. So in other words, your out of hours before you go to the barrel race. The ELD rule has been coming for over TWO YEARS... where was the outrage then? Where was the outrage? No one knew about it.
It actually was in all of the magazines, newspapers etc that deal with trucking. Even the WSJ had articles on it. For at lest the last 4-5 years.
So, if you don't read those things, you didn't know. The ELD manufacturers are the ones pushing hard for this - think lobbyists. Just another get me and a way to sell a product.
It wasn't until it actually passed, (was posted on the federal register for more then two years), that people got into an uproar. The livestock community and haulers should have, could have, etc., got it stopped a lot earlier then they did. But, as usual, this group, that group etc., not one group alone has enough power and/or money to hire the best lobbyists.
it's being pushed much harder by the big boys.
JB Hunt, Schnieder, etc.
They will use it as a means of cutting the O/O out of the loop
Precisely. Same way as the Hours of Service is used.
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 Accident Prone
Posts: 22277
          Location: 100 miles from Nowhere, AR | I’ve never read a trucking magazine in my life.  | |
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  Semper Fi
             Location: North Texas | Three 4 Luck - 2018-01-18 11:26 AM
I’ve never read a trucking magazine in my life. 
You might learn something!  | |
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 Just a Yankee
Posts: 1239
    Location: Some where I haven't left yet | foundation horse - 2018-01-18 12:41 PM Three 4 Luck - 2018-01-18 11:26 AM I’ve never read a trucking magazine in my life.  You might learn something! 
I think it's good to have knowlege of trucking after all it's "Supply Chain" and companies like mine haul your food. It would also educate you on the current proposed rule making to pave the way for "self driving trucks." If the idea of a self driving truck weighing 80K with a computer that is easily hackable doesn't scare you then someone should check your pulse. (recently one killed quite a few and injured many more when the computer sped the truck up in a construction zone) Speed limiters, self driving trucks, personal use on ELD's, etc etc. All things that the government is currently pushing for trucking.... Remember - Control interstate commerce.... Control the people. | |
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 Just a Yankee
Posts: 1239
    Location: Some where I haven't left yet | foundation horse - 2018-01-18 9:25 AM 1DSoon - 2018-01-18 10:02 AM 3canstorun - 2018-01-18 10:05 AM Three 4 Luck - 2018-01-18 9:41 AM Lucylouwon - 2018-01-18 8:07 AM CDL-A = Combination vehicle. ELD's are HARD wired to the ECM of the "power unit" they have the ability to track "teams". The trouble is.... that DOT is cracking down on "personal Conveyance" or when the vehicle is used in the case of a pickup... driven to the grocery store. The other problem is if you have a 40 hour a week job... those 40 hours are considered "on duty" time and tracks against your available time for weekend driving. Yes, that is correct, I've been through a DOT audit. So.... You drive to work, work, drive home... all of those hours will count against the 70 hour rule for the weekend. So in other words, your out of hours before you go to the barrel race. The ELD rule has been coming for over TWO YEARS... where was the outrage then? Where was the outrage? No one knew about it. It actually was in all of the magazines, newspapers etc that deal with trucking. Even the WSJ had articles on it. For at lest the last 4-5 years.
So, if you don't read those things, you didn't know. The ELD manufacturers are the ones pushing hard for this - think lobbyists. Just another get me and a way to sell a product.
It wasn't until it actually passed, (was posted on the federal register for more then two years), that people got into an uproar. The livestock community and haulers should have, could have, etc., got it stopped a lot earlier then they did. But, as usual, this group, that group etc., not one group alone has enough power and/or money to hire the best lobbyists. it's being pushed much harder by the big boys. JB Hunt, Schnieder, etc. They will use it as a means of cutting the O/O out of the loop Precisely. Same way as the Hours of Service is used.
Werner Boasts of being the first companies with ELD's ... However, what they are leaving out is that the ELD's were required or DOT was going to Shut them down. It's not safety its Punishment. | |
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 I hate cooking and cleaning
Posts: 3314
     Location: Jersey Girl | All this info is confusing and worrisome. I haven't barrel raced in 2 1/2 years and was hoping to get back to it again this spring. BUT I think I am going to just do game shows for a while and what and see what happens in my area in regards if the DOT is going to crack down or not on horse owners. | |
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 I hate cooking and cleaning
Posts: 3314
     Location: Jersey Girl | More info:
http://www.horsecouncil.org/press-release/ahc-meets-dot-fmcsa/
This excerpt is from the info in the link, I think it's good news but sounds like we need to check with our individual states.
The DOT members present did clarify that trailer drivers not engaged in business are not subject to Commercial Motor Vehicle (CMV) regulations, specifically where additional licensing is concerned. Regardless of weight, it was the interpretation of those present that going to an event that may issue prizes does not necessarily constitute commercial activity. As long as participation in the competition itself is not a component of the business with which that driver or the vehicle are regularly engaged, and expenses for said trip are not deducted for tax purposes, a CDL is not required to operate the CMV in question. Those interpretations, as are all CMV regulations, are specific to federal regulations, and state regulations may be less forgiving. | |
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 Shelter Dog Lover
Posts: 10277
      
| I have not read all the pages so forgive me if this has been posted. At a recent meeting hosted by county dps they said your insurance may not cover you in case of accident if you don’t have the correct license, it is just not the fines you need to be worried about. What a mess | |
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