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Problem with a DPS trooper

8,823 Views | 73 Replies | Last: 3 days ago by Muddyfeet
GentrysMillTX10
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AG
I'm more interested in how they think they are going to derate a trailer lol

I know more than 1 person that went to the DMV and changed the registered weight to shove it to DPS. Then they get upset that DPS didnt care and kept writing violations. (It's GVWR, not registered weight.) It's a lot easier to learn and comply than constantly being a pain.

Signed, a CDL holder and trucking insurance guru.

PS…we (insurance company) provide education on topics like this for free. I have a retired DOT roadside guy on staff for this very reason
Catag94
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AG
It's a process of contacting the manufacturer and requesting a new serial number plate with a reduced GVWR on it. Many will do it. Now, none I'm aware will increase the GVWR of course, due to liability.
In my experience, so long as the registration AND (to your point) the BIN plate on which the manufacturers GVWR specs are shown, are both in agreement that when combined with the GVWR of the to vehicle do not exceed 26,000 he should be good.

That is until the Weights and Measures trooper weighs it and finds it weighs more than 26K! Then he is back to where he started.
GentrysMillTX10
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AG
Correct!!!

I have been successful with changing the manufacturer's info once in my career, prior to joining insurance side of things. It was related to passenger count for oilfield crew buses. Someone ordered 20 passenger buses to "be more efficient" and didn't know about passenger endorsement. DPS was writing violations for no CDL when there were 8 people on the bus. We modified the seating arrangement, removed the seat brackets, submitted evidence to the manufacturer, and they finally sent us new decals to put in the door jam.

This whole idea to derate is ridiculous. The trailers in question should be sold and start over with proper GVWR trailers. They should also go through their entire fleet to make sure there are no other issues like this that need to be addressed or their operations changed to comply with the regulations.

Now, I'll have my popcorn ready when the OP starts complaining about this "friend's" company pickups, with a GVWR greater than 10,000 lbs, go catch a job in LA or OK without any trailers at all - and the pickups are issued a list of violations for not having logs/ELD, no CMV inspection, no DOT markings, driver doesn't have a medical card, and so on! This, my friends, is interstate commerce where the feds define CMV. The CDL requirements are the same across jurisdictions (except CA) regardless of intra or interstate, but the CMV definition can drastically vary for interstate or intrastate and it depends on which state has crazy or not so crazy definitions.
Muddyfeet
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yell_on_6th st said:

op_06 said:

yell_on_6th st said:

Not with me but a good friend of mine, almost a brother. Overrating trailers for his small business, to a point of harassment. Any interest here?

Georgetown, Tx


I'm a DOT guy in the Austin area on the enforcement side. Is your buddy wanting help making sure he's fully out of the regs or you just wanting to complain about enforcement on his behalf?

If he's interested, I can walk him through any scenarios he needs to get squared away offline. I teach this stuff to carriers all the time. DOT guys can't charge for consulting until retired/no longer involved with enforcement so there's no cost associated with it.



Thanks for the offer but a solution is in the works. Although he has a cdl there is no way his crews should need one, not driving an effing semi.

Again, I've learned a lot about regs and people through this. You seem like a good one


CDL requirements are based on the combined GVWR, if they are driving anything other than an unloaded 3/4 ton in their business then they at least need a DOT medical card and driver qualification file. Over 26,000 combined (which is easy to do) CDL is required, doesn't matter if it's a F-250 and gooseneck or Peterbuilt and lowboy. I drive a 3/4 ton pickup for work with a 10,000 lb GVWR. As soon as I hook even a small utility trailer to that truck (for work) I'm legally required to have a DOT medical card. If I hook to a gooseneck with greater than 16,001 lb rating I then must have a CDL because the GCWR exceeds 26,000 lbs.

There is no stipulation that if the owner has a CDL then the other drivers aren't required to have one. If you want to play then you gotta pay.
 
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