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 > N.C. RV owners take note

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riggarob

Farmington, NH

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Posted: 08/18/08 10:35pm Link  |  Quote  |  Print  |  Notify Moderator

flhtci-rider wrote:

I have asked troopers from NY,VA,SC and FL on various times if they can force me to adhear to commercial rules and been told the following. If you do not have a commercial plate thay can not apply commercial rules. Now if he is over weight on any of his axels, over length and as you noted the break-away cable was not being used. There he is at fault. But the following no fuel stickers displayed, no medical card on hand, no operating log book, no displayed tag on front of RV these items do not apply to a NON commercial unit.



Another reason to put NC on my s%^*# list. 1st being, not being able to stay in a rest area, on a FED HIGHWAY (I-95) for more than a few hours, and our fed tax $ being pocketed somewhere, as NC has about the worst stretch of I-95 I've driven on. I just don't get some of these state laws. Robbie


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mooreadventures

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Posted: 08/19/08 02:47am Link  |  Quote  |  Print  |  Notify Moderator

I've done extensive reading of the NC General Statues on this and there are a lot of misconceptions - even with law enforcement and the DOT itself.

First - you do not have to have a CDL for a recreational vehicle. But, you do have to have the appropreiate Class of NC DL - A, B or C. Driver's Handbook, Chapter 1 Types of Licences

Second - NC does have a 'length' restriction for vehciles.
Excerpt of NC General Statute 20-116
no combination of vehicles coupled together shall consist of more than two units and no such combination of vehicles shall exceed a total length of 60 feet inclusive of front and rear bumpers, subject to the following exceptions: Motor vehicle combinations of one semitrailer of not more than 48 feet in length and a truck tractor (power unit) may exceed the 60?foot maximum length... blah, blah blah...Provided, however, that a combination of a house trailer used as a mobile home, together with its towing vehicle, shall not exceed a total length of 55 feet exclusive of front and rear bumpers... blah, blah, blah

The 'medical card' and 'log book' are requirements under CDL - recreational vehicles are exempt and those 'commerical' rules do not apply.

I cannot find any rule about the placard.

I would suggest you friend get an attourney or see the DA and get the charges dropped.

As far as 'new laws', I can't say they don't exist, but I can say that I cannot find them (where applicable to this situation).

On Edit: I found some revisions to Chaper 20 Motor Vehicles - but nothing that would constitute what you have desicrbed.
SENATE BILL 1695 - RATIFIED BILL

* This post was edited 08/19/08 03:12am by mooreadventures *


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Herculez

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Posted: 08/19/08 03:13am Link  |  Quote  |  Print  |  Notify Moderator

Good thread, keep us posted.

Britt





blucrabbie

Raleigh, NC

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Posted: 08/19/08 04:04am Link  |  Quote  |  Print  |  Notify Moderator

Tenn Stud wrote:

NOT quite true. Below is a excerpt from the NC state code for CDL drivers license exemptions


Are there any exemptions to being required to have North Carolina CDL?
Yes, a few . . .
1. Active Duty Military . . . with military licenses operating military vehicles.
2. Firefighters . . . meeting approved training standards and operating authorized emergency vehicles.
3. Farmers . . . in certain cases.
4. Individuals ....operating motor homes or other vehicles used exclusively to transport personal possessions or family members, for non business purposes.


Not quite true. This is from NC DOT's website.
Class A: Required to operate any combination of vehicles exempt from commercial driver license (CDL) requirements with a gross vehicle weight rating (GVWR) of 26,001 pounds or more, provided the GVWR of the vehicle(s) being towed is greater than 10,000 pounds. Also required for operating any combination of vehicles with a GVWR of less than 26,001 pounds, if the vehicle being towed has a GVWR of more than 10,000 pounds.
Class B: Required to operate any single vehicle with a GVWR of 26,001 pounds or more that is exempt from CDL requirements, and any such vehicle while towing another vehicle with a GVWR of 10,000 pounds or less.
Class C: Required to operate any vehicle with a GVWR of less than 26,001 pounds that is exempt from CDL requirements and is not towing a vehicle with a GVWR of more than 10,000 pounds. Most drivers need only a Regular C license to operate personal automobiles and small trucks.

Not many people are aware that have motorhomes towing in excess of 26k need a Class A. I am not sure what the op means by some of the things he mentioned, ie, fuel sticker? Not if you are not commercial I don't think.


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bsinmich

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Posted: 08/19/08 04:13am Link  |  Quote  |  Print  |  Notify Moderator

With a fuel sticker you get extra filing with the states recording the miles driven in each state so they can all get their tax money. They are required on interstate commercial vehicles. I have a CDL and health card for a school bus but I guess there are times it could be handy while RVing.


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Skylark

Western NC

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Posted: 08/19/08 04:18am Link  |  Quote  |  Print  |  Notify Moderator

Mark is correct on this one. If you are driving a class a over 26001 lbs, then you must have a class b drivers liecense or if you are towing a trailer weighing over 10,000 lbs gross, you must have a class a drivers license. This not a CDL. What has been the problem here in NC is people have being using trucks and trailers with rv tags, because they are just $28, towing large trailers with race cars and such. If they win, they get money, and that puts the combo under federal and state CDL. A lot of folks have been hauling logs and such on large trucks and being overweight. Then if that truck travels over state lines or over 100 miles away from home base it come under fed and state CDL. Then you have to have log book, medical card, ICC numeber, and fuel stickers.
This is not new law, this has been in effect for years. They have just started enforcing the law.
I was in the furniture buisness and had a truck with tags that grossed at 14,000 lbs with company name on it. I got a citation for not having medical, icc number, no log book, etc.. I did not get a citation for not having a CDL because the truck did not weigh over 26,001 lbs. This happened abou16 year ago. You have to have a ICC number if the truck grosses over 10,000 lbs I believe.
sky

* This post was edited 08/19/08 04:31am by Skylark *

SCOMP225

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Posted: 08/19/08 04:32am Link  |  Quote  |  Print  |  Notify Moderator

This issue is all over the net on a variety of Racing forums.
There is a NHRA Drag Race in Charlotte in a few weeks and the DOT is pulling over motor homes with trailers that even look like their over weight or over length. There will be over 1000 of these vehicles coming into Charlotte for this event and I for one am over length as well.
When we go racing in Florida I purchase an annual overlength permit and I've never been pulled over.


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MI Director

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Posted: 08/19/08 06:47am Link  |  Quote  |  Print  |  Notify Moderator

Time to let a judge decide if he's has to pay the fines. Most states when trucking companies get caught with something new they will ask to appear before a judge. Usually common sense prevails and either the office doesn't show up for the hearing or after review by the judge the tickets are throw out or fine reduced. Sounds like this is a good reason to go before the judge and take your chances and see how N.C. legal system works.

apr67

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Posted: 08/19/08 06:57am Link  |  Quote  |  Print  |  Notify Moderator

Skylark wrote:

If they win, they get money, and that puts the combo under federal and state CDL.


Many folks who race cars don't get money even if they win, this is how armature motor sports works. A friend of mine who has his company logo on the side of his RV/Stacker Trailer got pulled over (could have been NC, I don't remember) several years ago and was told that if he had decals on the side it was for profit.

I'm sure most of this kind of Storm Trooper Nazi BS would be lost in court, but the states know that most who are traveling through will just pay the fine and get on with life.


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69RoadRunner

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Posted: 08/19/08 07:23am Link  |  Quote  |  Print  |  Notify Moderator

Putting a company name on a trailer is a real bad idea. I don't agree with this, but that's going to make most cops think it's a commercial operation.


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