Forum Discussion
JIMNLIN
Jan 23, 2009Explorer III
LOL; the info I posted above comes from my state enforcement officers but it doesn't surprise me at your statements that all others don't understand or knowledge is a dangerous thing or they never read the regs or ....... . Just proves what I've thought all along that you simpley don't know FMCSA regs regarding under 10k and over 10k regs.
The topic is fed regs regarding door placard GAWR/GVWR on our LDT size trucks. As the OK state trooper said their used on the commercial side and non commercial side in the state of OK.
If anyone doesn't understand how to read the 390.5 reg then they need to go back to dot training school for a refresher course on what FMCSA says regarding combined towing regs for over 10k vehicles.
390.5 interpetations ( missing door tag)
Question 3: If a vehicle’s GVWR plate and/or VIN number are missing but its actual gross weight is 10,001 pounds or more, may an enforcement officer use the latter instead of GVWR to determine the applicability of the FMCSRs?
Guidance: Yes. The only apparent reason to remove the manufacturer’s GVWR plate or VIN number is to make it impossible for roadside enforcement officers to determine the applicability of the FMCSRs, which have a GVWR threshold of 10,001 pounds. In order to frustrate willful evasion of safety regulations, an officer may therefore presume that a vehicle which does not have a manufacturer’s GVWR plate and/or does not have a VIN number has a GVWR of 10,001 pounds or more if: (1) It has a size and configuration normally associated with vehicles that have a GVWR of 10,001 pounds or more; and (2) It has an actual gross weight of 10,001 pounds or more.
A motor carrier or driver may rebut the presumption by providing the enforcement officer the GVWR plate, the VIN number or other information of comparable reliability which demonstrates, or allows the officer to determine, that the GVWR of the vehicle is below the jurisdictional weight threshold." end of quote
Missing door placard problems comes up quite often. They go straight to the impound lane till a certified vehicle alterer can come on site and replace the placard or in the case of 390.5 reg above satify the enforcement officer.
That answers any question of the validity of the door placard according to both troopers I talked with. Guess they have a complete lack of understanding, huh. The OK dot trooper says OK state has a simular title 47 reg thats its a misdeameanor for knowingly/willfully removing/defacing the tag.
As 10 ton I also have towed commercially but not nationwide as he has. What he says is correct. A trucker as 10 ton that goes through the many different state scale houses or a roaside stop checks gains experience in how each state enforces a the door placard numbers on a over 10k truck. I know how my state interpets the door placard info regarding GAWR/GVWR as 390.5 or 567.4 that gives validity to its legal status.
I'll stick with what I'm told by OK DOT field officers and OK state troopers regarding how the door placard is used and enforced on the commercial side and non commercial side. I'm satified with their interpetations.
The topic is fed regs regarding door placard GAWR/GVWR on our LDT size trucks. As the OK state trooper said their used on the commercial side and non commercial side in the state of OK.
If anyone doesn't understand how to read the 390.5 reg then they need to go back to dot training school for a refresher course on what FMCSA says regarding combined towing regs for over 10k vehicles.
390.5 interpetations ( missing door tag)
Question 3: If a vehicle’s GVWR plate and/or VIN number are missing but its actual gross weight is 10,001 pounds or more, may an enforcement officer use the latter instead of GVWR to determine the applicability of the FMCSRs?
Guidance: Yes. The only apparent reason to remove the manufacturer’s GVWR plate or VIN number is to make it impossible for roadside enforcement officers to determine the applicability of the FMCSRs, which have a GVWR threshold of 10,001 pounds. In order to frustrate willful evasion of safety regulations, an officer may therefore presume that a vehicle which does not have a manufacturer’s GVWR plate and/or does not have a VIN number has a GVWR of 10,001 pounds or more if: (1) It has a size and configuration normally associated with vehicles that have a GVWR of 10,001 pounds or more; and (2) It has an actual gross weight of 10,001 pounds or more.
A motor carrier or driver may rebut the presumption by providing the enforcement officer the GVWR plate, the VIN number or other information of comparable reliability which demonstrates, or allows the officer to determine, that the GVWR of the vehicle is below the jurisdictional weight threshold." end of quote
Missing door placard problems comes up quite often. They go straight to the impound lane till a certified vehicle alterer can come on site and replace the placard or in the case of 390.5 reg above satify the enforcement officer.
That answers any question of the validity of the door placard according to both troopers I talked with. Guess they have a complete lack of understanding, huh. The OK dot trooper says OK state has a simular title 47 reg thats its a misdeameanor for knowingly/willfully removing/defacing the tag.
As 10 ton I also have towed commercially but not nationwide as he has. What he says is correct. A trucker as 10 ton that goes through the many different state scale houses or a roaside stop checks gains experience in how each state enforces a the door placard numbers on a over 10k truck. I know how my state interpets the door placard info regarding GAWR/GVWR as 390.5 or 567.4 that gives validity to its legal status.
I'll stick with what I'm told by OK DOT field officers and OK state troopers regarding how the door placard is used and enforced on the commercial side and non commercial side. I'm satified with their interpetations.
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