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View Full Version : Pulled over by DOT this week


SangerLawn
07-24-2009, 09:02 PM
I got pulled over by D.O.T. earlier this week. After his inspection I got to talking to him. He told me that his captain passed down orders that any and all lawn trucks that appear like they are trying to make money need pulled over and inspected. The reason for this he said was everyone seems to be trying to break in that lawn care business without paying taxes on income and not even trying to obey the laws set forth for a commercial vehicle. This officer said he alone had 3 lawn care trucks and trailers towed in the last 2 weeks.

If you are not legal or have no idea what it takes to become legal I strongly recommend contacting your local state trooper office and speak personally to a D.O.T. officer. Although I passed the inspection it still costed me nearly an hour of sitting on the side of the road. It would have been 10 xs as bad if I wasn’t legal and had my equipment towed.

Here are my thoughts

With the above said, personally I am glad to see they are doing this. I really don’t care who tries to start a lawn care business and I really do hope the ones who try succeed. I will however say I hope the low ballers get there stuff towed and forced to pay fines. In my personal opinion if we have to pay out all kinds of money to stay legal and pay taxes on our income I feel everyone should. Maybe they will start to raise there rates back to where they should be.

What is everyone else’s opinion? :confused:

93Chevy
07-24-2009, 09:05 PM
Eh, I'm kinda iffy on this.

On one hand, hopefully it does eliminate the scrubs.

On the other hand, it's a pain, and it's expensive, and it costs those who don't know what they're doing a lot of money.

Donovan
07-24-2009, 09:18 PM
i called them and they told me as long as your income is below 5500$ you dont have to pay taxes. i iam not insured because i am 16 and cant afford it right now. i hope do have a enough cash flow by next summer though so i can though. it is something im truly striving for.

LB1234
07-24-2009, 09:33 PM
...it costs those who don't know what they're doing a lot of money.


so what are you worried about?

SangerLawn
07-24-2009, 09:37 PM
i called them and they told me as long as your income is below 5500$ you dont have to pay taxes. i iam not insured because i am 16 and cant afford it right now. i hope do have a enough cash flow by next summer though so i can though. it is something im truly striving for.


i hate to laugh but...haha hehe haha....

You better contact an accountant. The true number is $500.00 but that is in personal wages not as a business. As a business you must turn in every dime you make.The insurance thing I can understand but you really need to try and get some. If you cant afford insurance your really going to be screwed if you hit a a/c unit, window, car, truck, ect, or worse…..a person. Not to mention, according to the D.O.T. regulations, if you are transporting gas as a business, it is law to have at least 1 million dollars in bussiness insurance incase of an accident.

lifetree
07-24-2009, 09:43 PM
i called them and they told me as long as your income is below 5500$ you dont have to pay taxes. ...

... You better contact an accountant. The true number is $500.00 but that is in personal wages not as a business. As a business you must turn in every dime you make. ...

Around here in my area, the minimum amount of income required to obtain a business license from the county is $ 3,000 per year ... if you only do this part time and make less than that, you don't need a business license ... however, you do still have to report it as income !!

CLARK LAWN
07-24-2009, 09:48 PM
the capt. probably has a lawn service and want to eliminate some of the competition

SangerLawn
07-24-2009, 09:50 PM
Many states do not require a business license for lawn care so I do not know how much income is required for a business license. But you are right, all income has to be reported….sorry if I miss led. This state does not require a business license however a DBA or LLC, insurance, tax id, insurance, and a few other things are required. That does not include all the D.O.T. stuff.

93Chevy
07-24-2009, 09:59 PM
so what are you worried about?

I'm not worried about anything yet because I don't run a trailer yet.

I just mean that, around here, some townships require 2 straps for every piece of equipment on a trailer, while others only require one strap. Little stuff like that. It's just an expensive way to learn a lesson.

I've had guys tell me that if you get pulled over, expect to be fined, no matter what. They will find something wrong. It depends on the officer whether you are in regulation or not.

SEMI-RETIRED
07-24-2009, 10:03 PM
the capt. probably has a lawn service and want to eliminate some of the competition

AMEN..
Sounds a little fishy to me, what about all the ice cream trucks with
no health stickers, the taco wagons, etc, etc, etc..
What is it their business what somebody makes, are they the IRS.???
Seems like discrimination to me, they would have a field day down here LOL..

Bob..

lifetree
07-24-2009, 10:06 PM
the capt. probably has a lawn service and want to eliminate some of the competition

LMAO ... you probably got that right !!

Cross Cut
07-24-2009, 10:24 PM
Is a 16 year old legally responsible or his parents for damages?

JDiepstra
07-24-2009, 10:34 PM
The problem that I see with it is that all they are trying to do is generate revenue.

SangerLawn
07-24-2009, 10:41 PM
The problem that I see with it is that all they are trying to do is generate revenue.

To be honest im not sure if that is it or not? My health card was expired. He could have easily shut me down for that. Instead he told me to get a new one as soon as possible. That was the only thing I was off on. I have all my numbers on my trucks and everything else is just fine. If it was a money thing it seems like he would have ticketed me or something? Maybe I am wrong?

Hell on Blades
07-25-2009, 12:16 AM
While I join in the slation that someone is finally doing something to regulate an industry, I can't help but feel that there would be a better place to start...

Why not have the officers roll up on every job and ask fro a green card?
Why not check your business liscence (where applicable) at that time?

**I digress, but bear with me... I was in Hamilton, OH last week and noticed an employee (someone else's) operating a zero turn with the deflector chute tied up. not normally a big deal, but he was mowing less that ten feet from a five lane road, blowing into the road. I stopped to let him know about the impending broken windshield and multiple car wreck, to find out the he didn't speak english... At the next gas station, I ran into a Bulter Count Deputy and relayed this information.. On my way back south, I stopped at the same light and looked over to see the paddy-wagon there loading seven uniformed employees, all of seemingly hispanic descent.

I think the bigger concern would be once you get to the job, not what you're doing on the way...

bohiaa
07-25-2009, 08:11 AM
Department of Transportation ? worried about employee taxes?

something's NOT right here...

it doesn't pass the smell test

AI Inc
07-25-2009, 08:21 AM
Eh, I'm kinda iffy on this.

On one hand, hopefully it does eliminate the scrubs.

[, and it costs those who don't know what they're doing a lot of money[/B].

Wouldnt that make them scrubs?

silverado212
07-25-2009, 11:55 AM
Hell on Blades Thank you for what you did in Butler county. I live in Hamilton county about ten minutes south of Fairfield. I have an account in West Chester and trying to branch out up there. But Hamilton is full of Mexicans. Okay with it if they are legal. I run commercial tags on my trailer and carry $1 mil liability. Charge going rate and so on for this area. I was a side job guy til this summer, now am going legit. But have always tried to do right. I see these kind of outfits everywhere. It just makes me mad when I do quality work and am trying to get to be able to make a living doing this and these crackerjacks are making it hard.

SangerLawn
07-25-2009, 09:21 PM
Department of Transportation ? worried about employee taxes?

something's NOT right here...

it doesn't pass the smell test


The way I understood it they were not sticking there nose into the IRS business. They were bringing up the point about so many people doing it illegally that taxes were not getting paid. With DOT being a state agency this means they are not getting there share of money. of course im not sure if that is what he meant or not I am simply relaying what he said.

lifetree
07-25-2009, 09:50 PM
... I was in Hamilton, OH last week and noticed an employee (someone else's) operating a zero turn with the deflector chute tied up. not normally a big deal, but he was mowing less that ten feet from a five lane road, blowing into the road. I stopped to let him know about the impending broken windshield and multiple car wreck, to find out the he didn't speak english ... At the next gas station, I ran into a Bulter Count Deputy and relayed this information.. On my way back south, I stopped at the same light and looked over to see the paddy-wagon there loading seven uniformed employees, all of seemingly hispanic descent. ...

LMAO ... they deserve what they got !!

integrityman
07-25-2009, 10:48 PM
Im curious about the "DOT". I place DOT in qoutes because these inspection agencies go by a host of acronyms and initials. In Ohio these commercial inspectors were under the umbrella of the Public Utility Commission of Ohio. Now, they are a division of the State Patrol. All of which is under the Ohio Department of Public Safety.They are definitely NOT a divison of the Ohio Department of Transportation.

OK- I can hear the collective yawning....But I gotta know, am I missing another government/ alphabet soup govt agency?

Also, I NEVER see these inspectors operating on any roadway EXCEPT federal highways. Sangerlawn, were you stopped on a federal highway or somewhere else? IS it to ill conceived to just avoid federal highways so as to avoid having a "DOT" run in????

tinman
07-26-2009, 12:23 AM
I got pulled over by D.O.T. earlier this week. After his inspection I got to talking to him. He told me that his captain passed down orders that any and all lawn trucks that appear like they are trying to make money need pulled over and inspected. The reason for this he said was everyone seems to be trying to break in that lawn care business without paying taxes on income and not even trying to obey the laws set forth for a commercial vehicle. This officer said he alone had 3 lawn care trucks and trailers towed in the last 2 weeks.

If you are not legal or have no idea what it takes to become legal I strongly recommend contacting your local state trooper office and speak personally to a D.O.T. officer. Although I passed the inspection it still costed me nearly an hour of sitting on the side of the road. It would have been 10 xs as bad if I wasn’t legal and had my equipment towed.

Here are my thoughts

With the above said, personally I am glad to see they are doing this. I really don’t care who tries to start a lawn care business and I really do hope the ones who try succeed. I will however say I hope the low ballers get there stuff towed and forced to pay fines. In my personal opinion if we have to pay out all kinds of money to stay legal and pay taxes on our income I feel everyone should. Maybe they will start to raise there rates back to where they should be.

What is everyone else’s opinion? :confused:
could not disagree more. They make rules so rigirous they can fine you each time no matter how you try to follow their rules. The point is for you to break the rules. It is a fantasy that a gang (dot patrol) extracting money from lawn care businesses is going to rid the world of low ballers so you can get a fair price again.
Try competing instead of wishing for more fines for working people. Don't like low ballers find a more technical field to work in.

SangerLawn
07-26-2009, 08:22 AM
Sangerlawn, were you stopped on a federal highway or somewhere else? IS it to ill conceived to just avoid federal highways so as to avoid having a "DOT" run in????

Nope, I got pulled over driving down the main road of our city.

topsites
07-26-2009, 09:39 AM
Is a 16 year old legally responsible or his parents for damages?

You could always ask the judge that right before sentencing, and it might be a
grey area but they've convicted younger than 16 before, it just all depends.

Also, I NEVER see these inspectors operating on any roadway EXCEPT federal highways. Sangerlawn, were you stopped on a federal highway or somewhere else? IS it to ill conceived to just avoid federal highways so as to avoid having a "DOT" run in????

Please define federal highway, the 25mph streets in my neighborhood already qualify as "highways..." and I
thought states were each responsible for the maintenance of their stretches of road, which includes the interstates...

Although I do see more local police on the county roads and more state troopers on the faster thoroughfares,
but it doesn't mean that I've never seen a state trooper in a neighborhood either, I had one run in over 7 years
and it happened sure enough in a residential zone...
I was totally tripping out, but that doesn't matter at that point, lucky me he just wanted me to move the truck,
said I was blocking traffic (which I thought was as much a matter of this guy exercising some authority perhaps
because some nosy neighbor had called and complained, because I'd been parking in that same spot for years)
but then I was not about to argue the finer points with the man, seeing how he was sharply dressed and it would
have been too easy to ruin my day too when it really was easier to just move the dang truck...

Anyhow...

LB1234
07-26-2009, 11:55 AM
Try competing instead of wishing for more fines for working people. Don't like low ballers find a more technical field to work in.


Thumbs UpThumbs UpThumbs Up

Whitey4
07-26-2009, 12:02 PM
could not disagree more. They make rules so rigirous they can fine you each time no matter how you try to follow their rules. The point is for you to break the rules. It is a fantasy that a gang (dot patrol) extracting money from lawn care businesses is going to rid the world of low ballers so you can get a fair price again.
Try competing instead of wishing for more fines for working people. Don't like low ballers find a more technical field to work in.

So.... then you might think that it would be OK for a guy to sell wine and booze out of his trunk in front of a licensed liquor store?

davis45
07-26-2009, 12:12 PM
I dont think it is just Lawn companies. One month every year troopers have orders to pull over every commercial vehicle they see for inspections(what they told me). Yes, I just got pulled over a couple weeks ago, I did the last two years also. I've seen them with Semi's, construction trucks, dump trucks, everything. I don't mind it, it has to be done. The thing that gets to me is that they always pull you over on the main roads, very busy roads. Meaning everyone can see your lettered truck and trailer, they just stare, because your average citizen doesnt know what is going on. Also, the fact that it usually takes 1-2 hours really brings down your day.

tinman
07-26-2009, 02:46 PM
So.... then you might think that it would be OK for a guy to sell wine and booze out of his trunk in front of a licensed liquor store?
Yes I would if he owned the property he was parked on. I believe in private property to the fullest extent. You likely only believe in it to a certain point. That is why every liberty we have in this country is eroded away a little bit more each year.
How is it different for the licensed liquor store to pay the Mob protection money and pay the local govt for the liquor license? Both gangs threaten the store owner in some way. A liquor license does not create any kind of safety at all. In a true free market, an idiot who was selling liquor to 10 year olds would soon have a big problem with the public, especially the parents.

vanncann
07-26-2009, 03:40 PM
Here in Alabama the city and state require a license if you make money cutting grass (weather it's $0.01 or $1,000,000 IT'S REQUIRED). Insurance is optional. DOT # from what they told me is HIGHLY RECOMMENDED but not required at this time (about 2 years ago). It will change eventually. From what they told me most states are different and if you are legal in you'r home state you'r legal across the country.

Whitey4
07-26-2009, 04:30 PM
Yes I would if he owned the property he was parked on. I believe in private property to the fullest extent. You likely only believe in it to a certain point. That is why every liberty we have in this country is eroded away a little bit more each year.
How is it different for the licensed liquor store to pay the Mob protection money and pay the local govt for the liquor license? Both gangs threaten the store owner in some way. A liquor license does not create any kind of safety at all. In a true free market, an idiot who was selling liquor to 10 year olds would soon have a big problem with the public, especially the parents.

Wow... that are some serious jumps to conclusions here. You think the "mob", whatever that is has their hand in every liquor store operation? You think that alchohol should be sold by any old schlepper? With no risk of fines or property if they sold to minors, paid no taxes and ... wait....you have a still in the woods, don't you? You actually think PARENTS will police alchohol? They can't do it now, even with oppressive laws!

I am all for smaller governemnt, lower taxes (and dude, you have NO clue what I have to pay here.... it's about $4000 a year in licenses, fees and insurance before I even cut one lawn for a SOLO operation) and I'm supposed to compete with Hector and Juan who have zero overhead, get food stamps, and get health care treatment for free, while I have to pay out the a$$ for any of those things?

:laugh::laugh::laugh: Get a clue.

nosparkplugs
07-26-2009, 04:56 PM
Each state's business laws are different, as well as local DOT laws. So it's hard to generlize what is legal or not from state to state.

I am all for across the board enforcement of all LCO's running a business. The one's running a clean ship will benefit from a crackdown on random checking in your state's.

I do belive igrorance is not bliss, in this economy it does not take much to loose a contract or price yourself out of the market.
Posted via Mobile Device

SangerLawn
07-26-2009, 05:32 PM
Each state's business laws are different, as well as local DOT laws. So it's hard to generlize what is legal or not from state to state.Posted via Mobile Device

If I am not mistaken, COMMERCIAL vehicle laws are federal not governed by the state. I could be wrong however when I was an OTR driver the DOT inspections were the same as when I got pulled over except for the air brakes.

Things they checked were:

Windshield wipers
Tires
Weight
Lights
Brakes
Check for oil leaks and play in steering wheel
All cargo strapped
DOT numbers are valid and correctly on door
Insurance
Health card
Fire extinguisher
Reflective triangles
Reflective tape
Yearly inspection stickers
Spare fuses

I am sure there where more but that is all I remember. Everything that was checked are mandatory for all commercial vehicles in the USA and do not vary from state to state. My inspection sheets from my yearly inspections are good in all 50 states. Again, that is for commercial vehicles. If your in business and drive, your vehicle is now a commercial vehicle and it is now under federal laws not just state laws.

SangerLawn
07-26-2009, 05:40 PM
could not disagree more. They make rules so rigirous they can fine you each time no matter how you try to follow their rules. The point is for you to break the rules. It is a fantasy that a gang (dot patrol) extracting money from lawn care businesses is going to rid the world of low ballers so you can get a fair price again.
Try competing instead of wishing for more fines for working people. Don't like low ballers find a more technical field to work in.


if someone is charging $20.00 for a $45.00 yard (this is going on everywhere) and decided to run around with bald tires, no brake lights, a broken tailgate and none of the equipment is strapped all because they cant afford to fix them….hell yea I think they need to get there stuff impounded and or even possible jailed.

Everything that was inspected on my truck was for safety. Personal I have a wife, kids, and family driving the roads that you possibly drive on. If you are not charging enough to make a living and keep your vehicles safe then there is a problem and that I do have a problem with.

nosparkplugs
07-26-2009, 08:06 PM
Copied right off the FMCSA website http://www.fmcsa.dot.gov/about/other/faq/faqs.asp

.
I am an intrastate non-hazardous-materials motor carrier (my cargo or vehicle NEVER leaves the state that I am registered in). Do I need a USDOT Number? 431

The answer varies from state to state. In most states, intrastate non-hazardous-material motor carriers do not require a USDOT Number, but several States participate in programs such as PRISM, which does require intrastate motor carriers, with or without HazMat, to have a USDOT Number. If you do not know whether your state requires intrastate motor carriers to have a USDOT Number, contact the Office of Motor Carrier Safety field office in your state. For a listing of State offices, go to the FMCSA Field Roster.



If you operate exclusively in intrastate commerce , you must comply with applicable State and local regulations. The only Federal regulations that are applicable to intrastate operations are: the commercial driver's license (CDL) requirement, for drivers operating commercial motor vehicles as defined in 49 CFR 383.5; controlled substances and alcohol testing for all persons required to possess a CDL; and minimum levels of financial responsibility for the intrastate transportation of certain quantities of hazardous materials and substances.


If I am not mistaken, COMMERCIAL vehicle laws are federal not governed by the state. I could be wrong however when I was an OTR driver the DOT inspections were the same as when I got pulled over except for the air brakes.

Things they checked were:

Windshield wipers
Tires
Weight
Lights
Brakes
Check for oil leaks and play in steering wheel
All cargo strapped
DOT numbers are valid and correctly on door
Insurance
Health card
Fire extinguisher
Reflective triangles
Reflective tape
Yearly inspection stickers
Spare fuses

I am sure there where more but that is all I remember. Everything that was checked are mandatory for all commercial vehicles in the USA and do not vary from state to state. My inspection sheets from my yearly inspections are good in all 50 states. Again, that is for commercial vehicles. If your in business and drive, your vehicle is now a commercial vehicle and it is now under federal laws not just state laws.

nosparkplugs
07-26-2009, 08:20 PM
Here is the FMCSA CDL as defined 49 CFR 383.5

Search ALL Regulations Driver Regulations Vehicle Regulations Company Regulations FMCSA Hazmat Regulations Regulatory Guidance for
Examples: Medical Form, 391.53, 391



All Regulations
Part 383

< 383.3 383.7 >


Related Links
Disclaimer

Interpretation

Subpart A—General

§383.5 Definitions.
As used in this part:

Administrator means the Federal Motor Carrier Safety Administrator, the chief executive of the Federal Motor Carrier Safety Administration, an agency within the Department of Transportation.

Alcohol or alcoholic beverage means: (a) Beer as defined in 26 U.S.C. 5052(a), of the Internal Revenue Code of 1954, (b) wine of not less than one-half of one per centum of alcohol by volume, or (c) distilled spirits as defined in section 5002(a)(8), of such Code.

Alcohol concentration (AC) means the concentration of alcohol in a person’s blood or breath. When expressed as a percentage it means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

Alien means any person not a citizen or national of the United States.

Commerce means (a) any trade, traffic or transportation within the jurisdiction of the United States between a place in a State and a place outside of such State, including a place outside of the United States and (b) trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation described in paragraph (a) of this definition.

Commercial driver’s license (CDL) means a license issued by a State or other jurisdiction, in accordance with the standards contained in 49 CFR Part 383 , to an individual which authorizes the individual to operate a class of a commercial motor vehicle.

Commercial driver’s license information system (CDLIS) means the CDLIS established by FMCSA pursuant to section 12007 of the Commercial Motor Vehicle Safety Act of 1986.

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—

(a) Has a gross combination weight rating of 11,794 kilograms or more (26,001 pounds or more) inclusive of a towed unit(s) with a gross vehicle weight rating of more than 4,536 kilograms (10,000 pounds); or

(b) Has a gross vehicle weight rating of 11,794 or more kilograms (26,001 pounds or more); or

(c) Is designed to transport 16 or more passengers, including the driver; or

(d) Is of any size and is used in the transportation of hazardous materials as defined in this section.


Controlled substance has the meaning such term has under 21 U.S.C. 802(6) and includes all substances listed on schedules I through V of 21 CFR 1308, (§§1308.11 through 1308.15) as they may be amended by the United States Department of Justice.

Conviction means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person’s appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.

Disqualification means any of the following three actions:

(a) The suspension, revocation, or cancellation of a CDL by the State or jurisdiction of issuance.

(b) Any withdrawal of a person’s privileges to drive a CMV by a State or other jurisdiction as the result of a violation of State or local law relating to motor vehicle traffic control (other than parking, vehicle weight or vehicle defect violations).

(c) A determination by the FMCSA that a person is not qualified to operate a commercial motor vehicle under part 391 of this chapter.


Driver applicant means an individual who applies to a State to obtain, transfer, upgrade, or renew a CDL.

Driver’s license means a license issued by a State or other jurisdiction, to an individual which authorizes the individual to operate a motor vehicle on the highways.

Driving a commercial motor vehicle while under the influence of alcohol means committing any one or more of the following acts in a CMV—

(a) Driving a CMV while the person’s alcohol concentration is 0.04 or more;

(b) Driving under the influence of alcohol, as prescribed by State law; or

(c) Refusal to undergo such testing as is required by any State or jurisdiction in the enforcement of §383.51(b) or §392.5(a)(2) of this subchapter.


Eligible unit of local government means a city, town, borough, county, parish, district, or other public body created by or pursuant to State law which has a total population of 3,000 individuals or less.

Employee means any operator of a commercial motor vehicle, including full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner-operator contractors (while in the course of operating a commercial motor vehicle) who are either directly employed by or under lease to an employer.

Employer means any person (including the United States, a State, District of Columbia or a political subdivision of a State) who owns or leases a commercial motor vehicle or assigns employees to operate such a vehicle.

Endorsement means an authorization to an individual’s CDL required to permit the individual to operate certain types of commercial motor vehicles.

Fatality means the death of a person as a result of a motor vehicle accident.

Felony means an offense under State or Federal law that is punishable by death or imprisonment for a term exceeding 1 year.

Foreign means outside the fifty United States and the District of Columbia.

Gross combination weight rating (GCWR) means the value specified by the manufacturer as the loaded weight of a combination (articulated) vehicle. In the absence of a value specified by the manufacturer, GCWR will be determined by adding the GVWR of the power unit and the total weight of the towed unit and any load thereon.

Gross vehicle weight rating (GVWR) means the value specified by the manufacturer as the loaded weight of a single vehicle.

Hazardous materials means any material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 CFR part 172 or any quantity of a material listed as a select agent or toxin in 42 CFR part 73.

Imminent hazard means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury or endangerment.

Motor vehicle means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, except that such term does not include a vehicle, machine, tractor, trailer, semitrailer operated exclusively on a rail.

Nonresident CDL means a CDL issued by a State under either of the following two conditions:

(a) To an individual domiciled in a foreign country meeting the requirements of §383.23(b)(1).

(b) To an individual domiciled in another State meeting the requirements of §383.23(b)(2).


Non-CMV means a motor vehicle or combination of motor vehicles not defined by the term “commercial motor vehicle (CMV)” in this section.

Out-of-service order means a declaration by an authorized enforcement officer of a Federal, State, Canadian, Mexican, or local jurisdiction that a driver, a commercial motor vehicle, or a motor carrier operation, is out-of-service pursuant to §§386.72 , 392.5 , 395.13 , 396.9 , or compatible laws, or the North American Uniform Out-of-Service Criteria.

Representative vehicle means a motor vehicle which represents the type of motor vehicle that a driver applicant operates or expects to operate.

School bus means a CMV used to transport pre-primary, primary, or secondary school students from home to school, from school to home, or to and from school-sponsored events. School bus does not include a bus used as a common carrier.

Serious traffic violation means conviction of any of the following offenses when operating a CMV, except weight, defect and parking violations:

(a) Excessive speeding, involving any single offense for any speed of 15 miles per hour or more above the posted speed limit;

(b) Reckless driving, as defined by State or local law or regulation, including but not limited to offenses of driving a CMV in willful or wanton disregard for the safety of persons or property;

(c) Improper or erratic traffic lane changes;

(d) Following the vehicle ahead too closely;

(e) A violation, arising in connection with a fatal accident, of State or local law relating to motor vehicle traffic control;

(f) Driving a CMV without obtaining a CDL;

(g) Driving a CMV without a CDL in the driver’s possession. Any individual who provides proof to the enforcement authority that issued the citation, by the date the individual must appear in court or pay any fine for such a violation, that the individual held a valid CDL on the date the citation was issued, shall not be guilty of this offense; or

(h) Driving a CMV without the proper class of CDL and/or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported.


State means a State of the United States and the District of Columbia.

State of domicile means that State where a person has his/her true, fixed, and permanent home and principal residence and to which he/she has the intention of returning whenever he/she is absent.

Tank vehicle means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank that is either permanently or temporarily attached to the vehicle or the chassis. Such vehicles include, but are not limited to, cargo tanks and portable tanks, as defined in Part 171 of this title. However, this definition does not include portable tanks having a rated capacity under 1,000 gallons.

United States the term United States means the 50 States and the District of Columbia.

Vehicle means a motor vehicle unless otherwise specified.

Vehicle group means a class or type of vehicle with certain operating characteristics.

[67 FR 49755-56, July 31, 2002; 68 FR 23849, May 5, 2003]

tinman
07-26-2009, 09:11 PM
Wow... that are some serious jumps to conclusions here. You think the "mob", whatever that is has their hand in every liquor store operation? You think that alchohol should be sold by any old schlepper? With no risk of fines or property if they sold to minors, paid no taxes and ... wait....you have a still in the woods, don't you? You actually think PARENTS will police alchohol? They can't do it now, even with oppressive laws!

I am all for smaller governemnt, lower taxes (and dude, you have NO clue what I have to pay here.... it's about $4000 a year in licenses, fees and insurance before I even cut one lawn for a SOLO operation) and I'm supposed to compete with Hector and Juan who have zero overhead, get food stamps, and get health care treatment for free, while I have to pay out the a$$ for any of those things?

:laugh::laugh::laugh: Get a clue.
I am comparing the govt licensing to a mob. I can't break it down any simpler than that for you. You will have to allow your mind to make the connections.
You are not for smaller govt. Just saying it does not make it so. You complain about your licenses and fees(which are outrageous apparently) yet you think govt should be more harsh in regulating business. You complain about people on food stamps with free health care yet you wish to give more power to the organization (gov't) that takes from you and me (taxes) and provides these free things. Can you see the flaw in your logic?

tinman
07-26-2009, 09:19 PM
if someone is charging $20.00 for a $45.00 yard (this is going on everywhere) and decided to run around with bald tires, no brake lights, a broken tailgate and none of the equipment is strapped all because they cant afford to fix them….hell yea I think they need to get there stuff impounded and or even possible jailed.

Everything that was inspected on my truck was for safety. Personal I have a wife, kids, and family driving the roads that you possibly drive on. If you are not charging enough to make a living and keep your vehicles safe then there is a problem and that I do have a problem with.

Safety is the excuse that is used to extract money from lowly citizens. If safety is the real reason for fines & inspections & road checks, etc. Then why not take away a drunk driver's license for good after the first stop? Because there is no profit involved with that. The govt needs millions of rules for people to break in order to gain more power & money.

Whitey4
07-26-2009, 09:59 PM
I am comparing the govt licensing to a mob. I can't break it down any simpler than that for you. You will have to allow your mind to make the connections.
You are not for smaller govt. Just saying it does not make it so. You complain about your licenses and fees(which are outrageous apparently) yet you think govt should be more harsh in regulating business. You complain about people on food stamps with free health care yet you wish to give more power to the organization (gov't) that takes from you and me (taxes) and provides these free things. Can you see the flaw in your logic?

The laws are what they are. I can be an activist and vote, but I do not have the power to make laws just and fair. Why is it illegal immigrants pay no taxes , yet get food stamps and free health care, while I qualify for neither, and pay taxes? This is what you are in favor of?

Yes, I DO think illegals should not get these benefits. I pay the taxes, they get the benefits, they pay no taxes and I'm out in the rain without an umbrella. I do think that governement should put the hammer down on the illegals. Here, they don't even want to be legal.... that would mean paying taxes and losing all the freebies they get.

There is no flaw in my logic. Regulate the laws fairly, even if they are stupid.... it's a matter of enforcement more than anything else one one level... the fact that legal companies get the burden is nothing new, the dems and reps have shared that revenue generating stream for a long time.

I can't change the laws, but to have the laws enforced would at least help to level the playing field a little bit.

And don't presume to tell me what I am and am not for.... you are far too limited in your understanding of my position to even make such comments. In short, translate that last sentence to say yer too stupid to converse with me on an equal level. :waving:

tinman
07-26-2009, 11:14 PM
Why is it illegal immigrants pay no taxes , yet get food stamps and free health care, while I qualify for neither, and pay taxes? This is what you are in favor of?

There is no flaw in my logic. Regulate the laws fairly, even if they are stupid.... it's a matter of enforcement more than anything else one one level... the fact that legal companies get the burden is nothing new, the dems and reps have shared that revenue generating stream for a long time.

And don't presume to tell me what I am and am not for.... you are far too limited in your understanding of my position to even make such comments. In short, translate that last sentence to say yer too stupid to converse with me on an equal level. :waving:

I fail to see how you can ask if I am in favor of people living off the system. I am against the system taking from the productive and giving to the moochers. You won't condemn the system so you just want the system to crush what is left of freedom here so the playing field is "level". That will not level the playing field it will destroy the playing field.

I understand your position perfectly. You want the government to regulate further in the hopes of catching a few low ballers so you will be able to compete. Unfortunately this regulation causes legitimate businesses more time, liberty and money You don't like ridiculous fees and taxes yet you are in favor of more power being given over to the organization who imposes these hardships upon you. I know you cannot see your flawed logic and that is fine. Logical people reading the post will. I wish you a good luck in your business sir.

nosparkplugs
07-26-2009, 11:20 PM
Gotta love Lawnsite, from the DOT pulled me over, to government is the mob, to lowballers, to illegal immigrants.

tinman
07-26-2009, 11:29 PM
gotta love lawnsite, from the dot pulled me over, to government is the mob, to lowballers, to illegal immigrants.

:) .......

tpoirier
07-29-2009, 12:05 AM
This is a touchy subject for me, on one had being legal is important and a must for contractors. However it hinders younger start ups because they are faced with large start up fees. Does anyone know the regs for Ohio. I've been doing this now for a few years and have never had a problem. Although I don't run a normal trailer. I have a hydraulic dump trailer so maybe I look less fishy? ha.

SangerLawn
07-29-2009, 06:18 AM
Gotta love Lawnsite, from the DOT pulled me over, to government is the mob, to lowballers, to illegal immigrants.

Lol…I was thinking the same thing. This is great!!

Pro Lawn Care.PLCInc.
07-30-2009, 10:30 PM
So, I registered my business via internet, received my DOT number, and even called to make sure it was all good. I thought I was going to get some info in the mail about all of this and never did. I was told to get the numbers and go ahead and put them on the truck, but I never got any of the paper work in the mail. How exactly does this process work? I figured I would have to pay something, nothing's ever free, right? I know because of the economy everybody and there brother buyin' mowers and cuttin' grass. That's all good, but undercutting other lawn care companies, as well as, rules and regs. has got to stop. There's a guy around here, just opened a greenhouse/nursery/lawn care/landscape/plowing/etc. business, and I don't think a single vehicle is registered with a DOT number. Runnin' Fords with enclosed trailors and dump trailors, you know he's over the limit!


Chevy 4 x 4
14' trailer
52" Exmark
72" Exmark
52" Hydrostat Exmark
Ariens
Echo/Stihl BP Blowers
Stihl 100/130 Trimmers
Boss Heavy Duty

JeffNY
07-31-2009, 11:31 AM
DOT numbers are VERY expensive, they'll give you the bill when you get pulled over. lol

MT77
07-31-2009, 01:15 PM
Make sure if you have DOT numbers properly attached to your trucks, DOT physicals for drivers and that you have the right vehicle combinations so that you are not working outside of your license class. All this information is available on the DOT website and/or State website. Some states such as Massachusetts have recently required that your trailers (even standard 16' mowing trailers) be inspected yearly. These are all taxes that are being pushed on the middle class guys who are having a tough time with the economy. I now work in law enforcement and have been out of the bussiness for about 7 years. I can tell you that most of the guys I work with are not sympathetic and it sucks. Be safe.

IN2MOWN
07-31-2009, 02:41 PM
The way I understood it they were not sticking there nose into the IRS business. They were bringing up the point about so many people doing it illegally that taxes were not getting paid. With DOT being a state agency this means they are not getting there share of money. of course im not sure if that is what he meant or not I am simply relaying what he said.




Maybe Im not reading any of these posts right but when a company registers with the DOT they have to produce a profit and loss. It has nothing to do with the IRS but rather how hefty the fine will be IF given one.

Obviously the higher the profit the higher the fine.

rcpeoples
07-31-2009, 05:35 PM
It all depends on your vehicles and or combinatoin of vehicles. If your driving say an f-450 pulling a 18' trailer loaded down with equipment get a D.O.T number. But just so you know once you get that number you are inviting a whole nother government office into your life. Things ranging from anytime paperwork audits, to D.O.T physicals every two years( $100 a pop ) to quarterly vehicle inspections. If you need it get it , if not stay away .

tamadrummer
07-31-2009, 05:58 PM
i called them and they told me as long as your income is below 5500$ you dont have to pay taxes. i iam not insured because i am 16 and cant afford it right now. i hope do have a enough cash flow by next summer though so i can though. it is something im truly striving for.

Dude that is a lie like none other! I made $4700 after all was said and done last year. I paid $712 in taxes for that income.

I wrote off everything I could possibly write off and so from $30k to $4700 all legal deductions with receipts for every dollar deducted.

You better file or they will find you and get you!

With the amount of money that is being spent by this gov't, you can be totally sure that it will not be long before we start seeing audits coming out our ears soon!

I smell an armed revolt/up rising

Never the less, get legal!

SangerLawn
08-01-2009, 07:08 PM
It all depends on your vehicles and or combinatoin of vehicles. If your driving say an f-450 pulling a 18' trailer loaded down with equipment get a D.O.T number. But just so you know once you get that number you are inviting a whole nother government office into your life. Things ranging from anytime paperwork audits, to D.O.T physicals every two years( $100 a pop ) to quarterly vehicle inspections. If you need it get it , if not stay away .

Wow…easy to see who doesn’t have dot numbers.

Chevy 1500 with trailer is enough weight to need dot numbers.

Inspections are yearly not quarterly. Cost $150 truck and $150 trailer how ever state troopers will do for free if you call them and set up an appointment.

Medical card physical is $35.00 not $100.00

Th3BullDoz3r
08-01-2009, 07:16 PM
It's a good thing I belong to a Public Safety Dept.

rcpeoples
08-01-2009, 07:58 PM
Wow…easy to see who doesn’t have dot numbers.

Chevy 1500 with trailer is enough weight to need dot numbers.

Inspections are yearly not quarterly. Cost $150 truck and $150 trailer how ever state troopers will do for free if you call them and set up an appointment.

Medical card physical is $35.00 not $100.00

Actually i do have D.O.T number but not for lawn care but for my trucking co. The example i gave with F-450 was a general statement. Inspections are quarterly and you can do them yourself all D.O.T wants to see is that they are done. The only one you have to pay for is your annual inspection.Medical card physical prices will vary there is no set price

Disgruntled_Veteran
08-01-2009, 10:40 PM
AMEN..
Sounds a little fishy to me, what about all the ice cream trucks with
no health stickers, the taco wagons, etc, etc, etc..
What is it their business what somebody makes, are they the IRS.???
Seems like discrimination to me, they would have a field day down here LOL..

Bob..

Thats because here in Texas we are a different country lol :cool2::cool2::cool2:

SangerLawn
08-02-2009, 11:28 PM
Actually i do have D.O.T number but not for lawn care but for my trucking co. The example i gave with F-450 was a general statement. Inspections are quarterly and you can do them yourself all D.O.T wants to see is that they are done. The only one you have to pay for is your annual inspection.Medical card physical prices will vary there is no set price

My oplogies then. I have seen a lot is smart azz comments here lately and thought that was what you were doing. In Indiana you are only required to have inspections once a year. You can do them yourself however you must be a certified mechanic because of the brakes, steering, shock, and wiring inspections

rcpeoples
08-03-2009, 07:12 AM
Hey no problem. Just like to help when i can. Am new to lawncare, but have been in trucking over 17 years.:dancing:

WGLandscapeMaintenance
08-03-2009, 08:18 PM
the capt. probably has a lawn service and want to eliminate some of the competition

low ballers who dont abide by the laws are not competition

Bigal6
08-11-2009, 07:32 PM
I am starting a lawn care business in Utah and would like some help with sample bid seets. Anyone willing to help? I would greatly appreciate any that is passed along.