Forum Discussion
Gunpilot77
Feb 07, 2009Explorer
Since you obviously dazed and confused about 390.5, GVWR, etc here is a little help. Subpart A 390.5 hereis a list of definitions. One of them is the definition of a Commercial Motor Vehicle (CMV)
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Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle—
(1) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or
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There are those who try to beat the system by claiming the vehicle they are driving has a GVWR of less than 10,000, so FMCSA regs do not apply to them. One of those regs is the requirement for a medical certificate part391.41 subpart E
here
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Subpart E—Physical qualifications and examinations
§391.41 Physical qualifications for drivers.
(a) A person shall not drive a commercial motor vehicle unless he/she is physically qualified to do so and, except as provided in §391.67, has on his/her person the original, or a photographic copy, of a medical examiner’s certificate that he/she is physically qualified to drive a commercial motor vehicle.*
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If a data tag exists a LEO could (not would) use it to enforce FMCSA regs. If the tag did not exist the LEO could use other criteria to dtermine the GVWR, for instance, registered wt, actual weight,GVWR of similar vehicles, etc. That is what the interpretaion link you keep bringing up says. IT IS ALL ABOUT ENFORCEMENT OF FMCSRs!!! 10,000 POUNDS!!!!!
However, there is no requirement anywhere for anyone but a manufacturer or commercial modifier (i.e. modifies for the purpose of resale) to affix the GVWR tag to the vehicle. No where is it written, that you have shown or I can find, that the tag can not be removed. Want to be considered more than a moron? Show me a regulation that states the data tag must stay attached to the vehicle. No interpretation paragraph, a real regulation.
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Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle—
(1) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or
----------------------------------------------------------------------
There are those who try to beat the system by claiming the vehicle they are driving has a GVWR of less than 10,000, so FMCSA regs do not apply to them. One of those regs is the requirement for a medical certificate part391.41 subpart E
here
----------------------------------------------------------------------
Subpart E—Physical qualifications and examinations
§391.41 Physical qualifications for drivers.
(a) A person shall not drive a commercial motor vehicle unless he/she is physically qualified to do so and, except as provided in §391.67, has on his/her person the original, or a photographic copy, of a medical examiner’s certificate that he/she is physically qualified to drive a commercial motor vehicle.*
----------------------------------------------------------------------
If a data tag exists a LEO could (not would) use it to enforce FMCSA regs. If the tag did not exist the LEO could use other criteria to dtermine the GVWR, for instance, registered wt, actual weight,GVWR of similar vehicles, etc. That is what the interpretaion link you keep bringing up says. IT IS ALL ABOUT ENFORCEMENT OF FMCSRs!!! 10,000 POUNDS!!!!!
However, there is no requirement anywhere for anyone but a manufacturer or commercial modifier (i.e. modifies for the purpose of resale) to affix the GVWR tag to the vehicle. No where is it written, that you have shown or I can find, that the tag can not be removed. Want to be considered more than a moron? Show me a regulation that states the data tag must stay attached to the vehicle. No interpretation paragraph, a real regulation.
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