sdc eastern Iowa
Member
Ok since I"ve given my state enough money what is the proper and lawfull way to tie down a tractor. Here in Iowa the state is getting rich off of D.O.T. fines.
I have been preaching this to deaf ears for a long time. Some think because they have never been stopped that it will not happen. There is enough revenue in the DOT stopping trucks that you will get stopped at some point.
Now, the fun begins when you get pulled or go through a check point because some of the tie down specs are left to speculation and interpretation. Guess what? The law will be whatever allows them to harvest some of your money, that is why they are there. You can have everything safe and secure but have a hook turned the "wrong" way and bingo, there goes a fine. Trust me, they will find something.
Read this and tell me how you can win:
http://www.iowadot.gov/mvd/ods/cdl/section3.pdf
Now, the fun begins when you get pulled or go through a check point because some of the tie down specs are left to speculation and interpretation. Guess what? The law will be whatever allows them to harvest some of your money, that is why they are there. You can have everything safe and secure but have a hook turned the "wrong" way and bingo, there goes a fine. Trust me, they will find something.
Read this and tell me how you can win:
http://www.iowadot.gov/mvd/ods/cdl/section3.pdf
Dennis Benson
Member
You'll get a lot of suggestions, but here is one that doesn't get covered, and as a matter of fact it is ridiculed by Michigan's DOT in their FAQ's. This is found in several rigging manuals, including, I believe the military rigging manual. The military rigging manuals are available on ebay. Keep your tie downs at 45 degrees to the angle of pull. Any more or less reduces their efficiency. Also, make sure your toe downs are marked with a rating, if they are not, they have a chart that greatly reduces the strength of chains. Links in a chain will be stamped with a rating like g43 or g70 and may be stamped on every tenth link or so. Also make sure the hooks are rated at least the capacity of the chains. Throw away chanins that are stretched, they will consider their rating at zero.
Dennis Benson
Member
You're right there. I saw two power company trucks set up at a power pole with safety cones all around. No one was working and the baskets were down because a Michigan DOT policeman brought them down to give the drivers a ticket. There were a lot of power company employees standing around scratching their heads. I guess the Michigan DOT policeman was getting a rush out of his power trip.
J.J. Keller has a Cargo Securement Handbook available, Napa also carries it (p/n 770-4517), that explains all of the DOT laws in simple language and also gives pictures. If I remember right, it also has the actual laws in the back of the book. You can also go to the Federal Motor Carrier Saftey Administration site and get the actual laws for free.
Cargo Securement Handbook
FMCSA
Cargo Securement Handbook
FMCSA
sdc eastern Iowa
Member
Now the reason for my fine. As I was TOLD while I was getting a $500.00 ticket, for not having a triangles AND flares, PLUS a fire extinguisher (which probably is a good idea) in our 1 ton dually, luckily I have a class B which is required to drive a dually or the fine would be larger. Get this if you pull a 5th wheel camper you are exempt up until you unhook then THEY GOT YA. Look around in towns and such. How many people are driving illegal. DIRECT FROM THE nice officer.
This is kinda rediculous.
This is kinda rediculous.
I am sure those would clear up some of the myths, but there is flexibilty in the DOT enforcement whereby they can write a ticket for anything that in their professional opinion, could be unsafe or become unsafe. You will get a ticket unless he is your BIL in good standing.
Something as simple as one tail light in a cluster burned out is considered "less safe" than the way the rig was designed. A side marker light out, a fryed wire anywhere, improper air pressure in any tire including the spares for both truck and trailer, unblanced load even though it is within limits, and list almost goes forever.
Something as simple as one tail light in a cluster burned out is considered "less safe" than the way the rig was designed. A side marker light out, a fryed wire anywhere, improper air pressure in any tire including the spares for both truck and trailer, unblanced load even though it is within limits, and list almost goes forever.
ScottyHOMeY
Well-known Member
I think Ossifer Friendly is stretching things a little, and playing with the semantics of the rule.
Maybe he's toying with the little flow chart on page 3 of Iowa's "CDL in a Nutshell" book. "Link" below. The second block down on the left asks "Is the combination GVWR greater than or equal to 26,001 lbs.?" But the question only comes up if the answer to the question above, "Is the vehicle a combination vehicle?" is yes.
In the case of a dually running around bareback, it is not a combination vehicle, so the question of "combination" GVWR should not even arise. I suspect the diesel bear in question is a) asking a question that should't even apply and b) relying on the "combined" GVWR of the vehicle.
Combination GVWR is the sum of the GVWR of each, the power unit and the trailer. So my Ram is rated for 9900#. My gooseneck is rated for 14K, sum, 23,900#. No issue about CDL of any class. Not needed.
If my trailer were rated for 20K, then the sum (my combination GVWR) is 29,900 and I would need a Class A, not B, license.
The combined GVWR (often referred to as the GCWR) is a number published by the manufacturers and DOES NOT appear anywhere on the doorplate which lists your GVWR, axle weight limits and tire pressures. The GCWR is the manufacturer's rating, based on the components in the individual machine, i.e., how much weight can you put together in a combination without losing control or breaking something. Frame strength and braking ability are two big and obvious factors, but it also includes torque and horsepower, transmission and rear-end ratios.
So my Ram has a GCWR of 23,300, six hundred pounds less than my combination GVWR when hitched to the gooseneck. It's a good and opeen question as to whether I could get nailed for having a combination weight that falls within that 600# window. But that's a question for another thread.
A dually will likely (if not obviously) have a GVWR for the truck itself that exceeds 10K. Most are in the low-to-mid 11,000s. And most all of them anymore will have a GCWR (remember, this is the manufacturer's number) that exceeds 26K. So one might squeak by the 26K Class A requirement with my gooseneck tied onto it.
Still the dually, running around bareback (no trailer -- NOT in combination with anything) is just like my truck with respect to license class.
Ossifer Friendly is playing around with this very distinction, between combination GVWR and GCWR. But, if you follow the flow, chart, he shouldn't even be allowed on the play ground. If the answer to the first question, "Is the vehicle a combination vehicle?" is no . . . . follow the chart. If the GVWR of the vehicle itself is 26K or less, and is not carrying HazMats or designed to transport 16 or more persons, no CDL of any class is required.
The tickets related to safety equipment (triangles, fusees, fire extinguishers, etc.) are a whole other matter. Operation in commerce of any vehicle or combination greater than 10K gets into DOT requirements for DOT numbers and all that go with them.
As long as I don't exceed my 9900# GVWR I can pretty run my truck (no trailer) in commercial operation day in and day out without a worry about those and the licensing regs.
A dually, however, being rated for more than 10K, if it is deemed to be operating commercially, is subject to all of those. Which begins to sound like what you got nailed for. I can only speculate that you got out of it because you carry sufficient insurance with your Class B, but a favorite ticket in those instances is for inadequate insurance.
The fire extinguisher is another favorite of theirs. Even if, as I do, you have one, the DOT regs for commercial operation require that it be mounted in a fixed, accessible position. It is not sufficient to flip the seat forward or open the back door and produce an extiguisher.
So, if you were operating commercially at the time, you may have to eat the DOT safety tickets. If not, you should challenge them.
Link
Maybe he's toying with the little flow chart on page 3 of Iowa's "CDL in a Nutshell" book. "Link" below. The second block down on the left asks "Is the combination GVWR greater than or equal to 26,001 lbs.?" But the question only comes up if the answer to the question above, "Is the vehicle a combination vehicle?" is yes.
In the case of a dually running around bareback, it is not a combination vehicle, so the question of "combination" GVWR should not even arise. I suspect the diesel bear in question is a) asking a question that should't even apply and b) relying on the "combined" GVWR of the vehicle.
Combination GVWR is the sum of the GVWR of each, the power unit and the trailer. So my Ram is rated for 9900#. My gooseneck is rated for 14K, sum, 23,900#. No issue about CDL of any class. Not needed.
If my trailer were rated for 20K, then the sum (my combination GVWR) is 29,900 and I would need a Class A, not B, license.
The combined GVWR (often referred to as the GCWR) is a number published by the manufacturers and DOES NOT appear anywhere on the doorplate which lists your GVWR, axle weight limits and tire pressures. The GCWR is the manufacturer's rating, based on the components in the individual machine, i.e., how much weight can you put together in a combination without losing control or breaking something. Frame strength and braking ability are two big and obvious factors, but it also includes torque and horsepower, transmission and rear-end ratios.
So my Ram has a GCWR of 23,300, six hundred pounds less than my combination GVWR when hitched to the gooseneck. It's a good and opeen question as to whether I could get nailed for having a combination weight that falls within that 600# window. But that's a question for another thread.
A dually will likely (if not obviously) have a GVWR for the truck itself that exceeds 10K. Most are in the low-to-mid 11,000s. And most all of them anymore will have a GCWR (remember, this is the manufacturer's number) that exceeds 26K. So one might squeak by the 26K Class A requirement with my gooseneck tied onto it.
Still the dually, running around bareback (no trailer -- NOT in combination with anything) is just like my truck with respect to license class.
Ossifer Friendly is playing around with this very distinction, between combination GVWR and GCWR. But, if you follow the flow, chart, he shouldn't even be allowed on the play ground. If the answer to the first question, "Is the vehicle a combination vehicle?" is no . . . . follow the chart. If the GVWR of the vehicle itself is 26K or less, and is not carrying HazMats or designed to transport 16 or more persons, no CDL of any class is required.
The tickets related to safety equipment (triangles, fusees, fire extinguishers, etc.) are a whole other matter. Operation in commerce of any vehicle or combination greater than 10K gets into DOT requirements for DOT numbers and all that go with them.
As long as I don't exceed my 9900# GVWR I can pretty run my truck (no trailer) in commercial operation day in and day out without a worry about those and the licensing regs.
A dually, however, being rated for more than 10K, if it is deemed to be operating commercially, is subject to all of those. Which begins to sound like what you got nailed for. I can only speculate that you got out of it because you carry sufficient insurance with your Class B, but a favorite ticket in those instances is for inadequate insurance.
The fire extinguisher is another favorite of theirs. Even if, as I do, you have one, the DOT regs for commercial operation require that it be mounted in a fixed, accessible position. It is not sufficient to flip the seat forward or open the back door and produce an extiguisher.
So, if you were operating commercially at the time, you may have to eat the DOT safety tickets. If not, you should challenge them.
Link
ScottyHOMeY
Well-known Member
Your question has ignited the usual mish-mosh, but most of what the other guys have posted is sound. FMSCA regs are indifferent between straps and chains, as long as they are in good condition, marked or labeled for their capacity, installed securely (which includes the point about protecting chafe points on straps) and adequate for the load.
Basic requirements for rolling machinery are restraints on each end rated for half the weight of the machine. There is a break point at 10,000#, above which a single restraint is required at each corner. Still, the sum of the working load ratings of restraints on each end must equal at least half the weight of the load being restrained.
One point that wasn't mentioned is that any attachment to the restrained load must also be tied down separately. This would include things like buckets and backhoes, even a mower or post-hole digger mounted on a three point.
I recall the only time I wasn't waved through a scale. I had a 2500# Farmall BN on my carhauler behind me. The guy was writing me up for not having restraints on all four corners. In fact, I did. Problem was I used two long chains and four binders. I'd set things up to bite the chain back on each corner, with the slack of the extra length hanging down between the bights.
The guy was a jerk, and that's being kind. I pointed out that the tractor weighed far less than five tons. I'd just been over the scales but his eyeball wasn't buyin' that?!?!?! I went so far as to point out that if I cut a link out of the slack on each of my two good chains to make four separate chains out of them, it would not change a thing in the security of my load. He was brain dead.
About the time that he started writing up tickets based on commercial operation in excess of 10,000# without meeting all the DOT requirements, I all but blew a gasket. The tractor in question was a family tractor that I'd located. It had got out of the family for a few years. The family had kept it running. What I was hauling was a rusted hulk with a stuck motor full of water and one wheel missing.
My ace in the hole turned out to be refusing to sign the tickets without talking to his supervisor. It took an hour or more, but the man in charge finally came down out of the scale tower, and I unloaded on him.
I don't know whether the rules within their department required it, or he was just tryin' to let the jerk down easy, but we went through the whole exercise of runnin' me back across the scales. Again, who knows how it works, but the jerk insisted I drop the trailer on the scales and pull away to weigh it by itself, and his boss allowed it. Trailer, tractor and all didn't make 4500#. Did I mention that the exercise backed up twenty or so guys and gals drivin' for a livin'? Their boss actually radioed up and had the tower shut off the blinkin' lights on the highway and closed the scales until I could get hitched back up and they got those guys back on the road.
So that got us past the weight and restraint issues. Still the jerk wanted to press the commercial operation issue. I reached into the bed of the truck and offered him the hand crank and asked if he might think I'd been out mowin' lawns with the derelict. I did have a receipt from the guy I bought the tractor back from (which would make it my perosnal property), but the arsehole insisted I was going to restore it and make money, therefore I was commercial. I even produced a snapshot that my uncle had given me (he was the one that ound the tractor for me) showin' me sittin' in the seat of the self-same tractor at about the age of six.
It went back and forth for a while, but the supervisor decided at that point to let me go on my way. That was when the jerk blew his gasket. The supervisor waved me out and I watched the idiot rant at him in my mirror until he was out of sight.
Bottom line, ya gotta deal with them. Best bet is to have your ducks lined up. I don't feel I "got away" with anything because I was in the right, both on the restraints and the commecial issue. But I did feel lucky for the supervisor lettin' me go. He could just have easily been of the same stripe as the jerk.
If you're nailed dead to rights, sign your tickets, pay your fines and move on. If not, fight it.
My real luck in that case was to win the fight on the side of the road.
Basic requirements for rolling machinery are restraints on each end rated for half the weight of the machine. There is a break point at 10,000#, above which a single restraint is required at each corner. Still, the sum of the working load ratings of restraints on each end must equal at least half the weight of the load being restrained.
One point that wasn't mentioned is that any attachment to the restrained load must also be tied down separately. This would include things like buckets and backhoes, even a mower or post-hole digger mounted on a three point.
I recall the only time I wasn't waved through a scale. I had a 2500# Farmall BN on my carhauler behind me. The guy was writing me up for not having restraints on all four corners. In fact, I did. Problem was I used two long chains and four binders. I'd set things up to bite the chain back on each corner, with the slack of the extra length hanging down between the bights.
The guy was a jerk, and that's being kind. I pointed out that the tractor weighed far less than five tons. I'd just been over the scales but his eyeball wasn't buyin' that?!?!?! I went so far as to point out that if I cut a link out of the slack on each of my two good chains to make four separate chains out of them, it would not change a thing in the security of my load. He was brain dead.
About the time that he started writing up tickets based on commercial operation in excess of 10,000# without meeting all the DOT requirements, I all but blew a gasket. The tractor in question was a family tractor that I'd located. It had got out of the family for a few years. The family had kept it running. What I was hauling was a rusted hulk with a stuck motor full of water and one wheel missing.
My ace in the hole turned out to be refusing to sign the tickets without talking to his supervisor. It took an hour or more, but the man in charge finally came down out of the scale tower, and I unloaded on him.
I don't know whether the rules within their department required it, or he was just tryin' to let the jerk down easy, but we went through the whole exercise of runnin' me back across the scales. Again, who knows how it works, but the jerk insisted I drop the trailer on the scales and pull away to weigh it by itself, and his boss allowed it. Trailer, tractor and all didn't make 4500#. Did I mention that the exercise backed up twenty or so guys and gals drivin' for a livin'? Their boss actually radioed up and had the tower shut off the blinkin' lights on the highway and closed the scales until I could get hitched back up and they got those guys back on the road.
So that got us past the weight and restraint issues. Still the jerk wanted to press the commercial operation issue. I reached into the bed of the truck and offered him the hand crank and asked if he might think I'd been out mowin' lawns with the derelict. I did have a receipt from the guy I bought the tractor back from (which would make it my perosnal property), but the arsehole insisted I was going to restore it and make money, therefore I was commercial. I even produced a snapshot that my uncle had given me (he was the one that ound the tractor for me) showin' me sittin' in the seat of the self-same tractor at about the age of six.
It went back and forth for a while, but the supervisor decided at that point to let me go on my way. That was when the jerk blew his gasket. The supervisor waved me out and I watched the idiot rant at him in my mirror until he was out of sight.
Bottom line, ya gotta deal with them. Best bet is to have your ducks lined up. I don't feel I "got away" with anything because I was in the right, both on the restraints and the commecial issue. But I did feel lucky for the supervisor lettin' me go. He could just have easily been of the same stripe as the jerk.
If you're nailed dead to rights, sign your tickets, pay your fines and move on. If not, fight it.
My real luck in that case was to win the fight on the side of the road.
JJ Keller prints pretty much all the forms and safety literature for the transportation industry. Having this reference and being able to say, this is what I have, this is how they say to do it, could go a long way. Unless you are someplace like Ohio, where they would stop their own wife or mother if it meant being able to write a ticket.
When an idiot has a badge & power, they are still an idiot. It is a shame that our tax dollars go to help support such insane behavior.
DOT guys like that help keep us about as "safe" as our over spending Homeland Security who has (even though they take credit) NOT stopped a single terroist attempt.
TSA agents have, however, felt more skin than a college boy in a cat house.
It is no longer actually about safety, and that is supposed to be "job one" for them. It about generating money.
They should just fire all of the DOT folks and have us pull in every so many miles and make a donation.
DOT guys like that help keep us about as "safe" as our over spending Homeland Security who has (even though they take credit) NOT stopped a single terroist attempt.
TSA agents have, however, felt more skin than a college boy in a cat house.
It is no longer actually about safety, and that is supposed to be "job one" for them. It about generating money.
They should just fire all of the DOT folks and have us pull in every so many miles and make a donation.
john in la
Well-known Member
Scotty
If I read your post right you believe that a 1 ton dually does not fall under CDL laws if there is no trailer attached.
Lets take this one step further.
I drive a single axle class 8 truck. GCWR is 80,000 lbs but with out the trailer (bobtail) it weighs less than 26,000 lbs.
So by your reasoning if I am bobtailing I should not need a CDL.
Problem is it has a 5th wheel and is presumed to be used in such a fashion that will make it over 26,000 lbs so CDL laws apply all the time.
Now if your 1 ton dually has a goose neck ball in the bed could it not be presumed that this truck will or could be used in such a fashion that will cause it to be over 26,000 lbs and fall under CDL rules.
Before you answer let me say I am only making conversation and being a devils avaocate. I believe it to be a real big stretch CDL rules to a 1 ton with out a trailer because the goose neck ball could be in there to pull a R/V camper. This would exempt the truck but you can see where this gets iffy.
Now take this same 1 ton dually; have the registration in a company name and a goose neck ball in the bed. This is a whole different ball game and a ticket could be written based on CDL law even if the truck is not pulling the trailer at the time.
You guys need to remember these laws were written when only businesses owned 1 tons. Yes they are out dated in our keep up with the Jones society of today where we have soccer moms using 1 tons as grocery getters but these are the laws we have.
If I read your post right you believe that a 1 ton dually does not fall under CDL laws if there is no trailer attached.
Lets take this one step further.
I drive a single axle class 8 truck. GCWR is 80,000 lbs but with out the trailer (bobtail) it weighs less than 26,000 lbs.
So by your reasoning if I am bobtailing I should not need a CDL.
Problem is it has a 5th wheel and is presumed to be used in such a fashion that will make it over 26,000 lbs so CDL laws apply all the time.
Now if your 1 ton dually has a goose neck ball in the bed could it not be presumed that this truck will or could be used in such a fashion that will cause it to be over 26,000 lbs and fall under CDL rules.
Before you answer let me say I am only making conversation and being a devils avaocate. I believe it to be a real big stretch CDL rules to a 1 ton with out a trailer because the goose neck ball could be in there to pull a R/V camper. This would exempt the truck but you can see where this gets iffy.
Now take this same 1 ton dually; have the registration in a company name and a goose neck ball in the bed. This is a whole different ball game and a ticket could be written based on CDL law even if the truck is not pulling the trailer at the time.
You guys need to remember these laws were written when only businesses owned 1 tons. Yes they are out dated in our keep up with the Jones society of today where we have soccer moms using 1 tons as grocery getters but these are the laws we have.
You make some good points.
Regardless of what people say or wish to "believe", it has not so much to do with what the rig weighs at the time as it does with the total capabilty.
Obviously DOT cannot control weather you may be fully loaded, partially loaded, or empty.
If the truck and trailer have the capability of 26,001 LBS or more, it falls in to full CDL requirements similar to a semi.
What makes it even more complicated is that there are other classes that come in to play based on the trailer capacity, type of load, etc.
Regardless of what people say or wish to "believe", it has not so much to do with what the rig weighs at the time as it does with the total capabilty.
Obviously DOT cannot control weather you may be fully loaded, partially loaded, or empty.
If the truck and trailer have the capability of 26,001 LBS or more, it falls in to full CDL requirements similar to a semi.
What makes it even more complicated is that there are other classes that come in to play based on the trailer capacity, type of load, etc.
massey 333
Member
John,You are doing a apples to orange thing.Your whatever(Class 8) truck has a over 26K GVWR rating which makes it a CDL truck regardless of what it is doing.
ScottyHOMeY
Well-known Member
Two issues there, John. As massey333 points out, your Class 8 may weigh less than 26,001, but its GVWR will exceed that, and it is the rating, not the actual weight that guides the licensing requirements. One could bobtail it with a Class B (say a mechanic taking it for a test drive), but would need a Class A before pulling a trailer witha GVWR greater than 10K.
And yes, it could be presumed that a 1-ton dually copuld be used for towing, but it is facts, not presumptions that make a violation. If the GVWR of that dually is 11,200#, anyone could pull my 14K gooseneck at will on a non-commercial license. One cannot be ticketed for lack of a commercial license simply because of the existence of trailers in the world capable of being hitched to it that might cause the combination weight to exceed 26K.
The question in the flow chart is "Is the vehicle a combination vehicle?" Unless and until a trailer is hitched to it, the answer to that question is no.
We could also presume that any driver could carry HazMats in a box in the passenger seat, thus requiring a CDL appropriate to the weight ratings and configuration of their vehicles, and require a HazMat endorsement.
A hammer could be used to break a window on your neighbor's house, but it has other uses and you aren't charged with vandalism until you actually break someone's window with it.
Point is that enforcement is based on facts, not presumptions.
On your last point, are you confusing the licensing requirements with the 10K breakpoint that triggers the requirement for DOT registration? If that same 11,200 dually, hitchball or not, is registered to a business, then one could argue that it is in commercial use and needs a DOT number and is subject to all the compliance factors that requires. By itself, DOT number or not, the vehicle can still be operated with a passenger license.
And yes, it could be presumed that a 1-ton dually copuld be used for towing, but it is facts, not presumptions that make a violation. If the GVWR of that dually is 11,200#, anyone could pull my 14K gooseneck at will on a non-commercial license. One cannot be ticketed for lack of a commercial license simply because of the existence of trailers in the world capable of being hitched to it that might cause the combination weight to exceed 26K.
The question in the flow chart is "Is the vehicle a combination vehicle?" Unless and until a trailer is hitched to it, the answer to that question is no.
We could also presume that any driver could carry HazMats in a box in the passenger seat, thus requiring a CDL appropriate to the weight ratings and configuration of their vehicles, and require a HazMat endorsement.
A hammer could be used to break a window on your neighbor's house, but it has other uses and you aren't charged with vandalism until you actually break someone's window with it.
Point is that enforcement is based on facts, not presumptions.
On your last point, are you confusing the licensing requirements with the 10K breakpoint that triggers the requirement for DOT registration? If that same 11,200 dually, hitchball or not, is registered to a business, then one could argue that it is in commercial use and needs a DOT number and is subject to all the compliance factors that requires. By itself, DOT number or not, the vehicle can still be operated with a passenger license.
Brian Jasper co. Ia
Well-known Member
One thing I see is missed is the question of being commercial or private. The guy who was hauling the remains of a tractor that once belonged to a family member and was now his that could be proved with a bill of sale was operating as Private. You can haul your tractor to a show, dragging it home from a fence row, or for any other reason provided you are NOT entering any contest where there is prize money or other compensation awarded, you have a sponsor paying part or all of any expenses involved, you are hauling the tractor somewhere to do work for compensation, you are actively engauged in business like a farming operation. If the tractor is simply a hobby, I.E. you collect old tractors and machinery and do not use them to farm or otherwise earn any money, you are not hauling them around to showcase your restoration/repair skills, you are private.
If you have gotten a DOT number or your vehicle is registered to an entity other than your personal name, such as "John Doe Farms", you're going to have a hard time making the private claim.
Another thing I found out from talking with Motor Carrier Enforcement in Des Moines is any trailer with a GVWR above 3000lbs is required to have working brakes on each wheel.
The absolute best advice anyone can give the original poster is to contact Motor Carrier Enforcement and ask them to spell out all of the regulations you will fall under. Don't rely on what the officer on the side of the road says as they can be wrong. I have beat tickets in court because the officer was just plain wrong and I was able to prove it to a judge in court.
If you have gotten a DOT number or your vehicle is registered to an entity other than your personal name, such as "John Doe Farms", you're going to have a hard time making the private claim.
Another thing I found out from talking with Motor Carrier Enforcement in Des Moines is any trailer with a GVWR above 3000lbs is required to have working brakes on each wheel.
The absolute best advice anyone can give the original poster is to contact Motor Carrier Enforcement and ask them to spell out all of the regulations you will fall under. Don't rely on what the officer on the side of the road says as they can be wrong. I have beat tickets in court because the officer was just plain wrong and I was able to prove it to a judge in court.
gtx1967jewison
Well-known Member
he's wrong. take stuff like that to COURT people! even if you loose your voice got heard, & they didnt get free $
gtx1967jewison
Well-known Member
only because he was dumb, & folded. GO TO COURT. arm yourself with the actual facts of the law. the straps were fine as long as they were of sufficient rating & properly used.
gtx1967jewison
Well-known Member
right but it cant be about the $. make it about principle, about getting raped, wrongly, even according to the letter of the law. complain to your elected representatives, editorials & etc. use your rights, they are going fast.
No, it's not. If you actually sit down and look at the books, all this is being subsidized by the taxpayers. The fines they collect don't come close to paying for their operations, let alone turning a profit for the state.
The real reason the DOT is getting more aggressive is, they are in fear of losing their jobs.
Governments are down to where they have no choice but to cut services. The DOT has to look busy; they have to make a case for the state to keep spending money on them. "We're making the roads safer! See all these violations we found?"
Brian Jasper co. Ia
Well-known Member
In a word, NO. A quick call to Motor Carrier Enforcement in Ankeny would have proved that guy wrong. A dual rear wheel pickup empty does not weigh 26001 lbs, the threshold for a CDL.
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