yell_on_6th st said:

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WC87 said:

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SGrem said:

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The rules are very easy to follow as im sure the trooper spelled them out what was required on first stop. THEN get in compliance.

Second stop not in compliance now you must be taught a lesson and the law enforced to ensure you get in compliance of the law that EVERY BUSINESS with CDL over the highway is required to also follow.

And now you have a target on your back to be checked to confirm you are staying in compliance. Learn the rules and operate legally. Very very simple and easy to follow rules.

I had a manufacturing company in Nuevo Laredo and hauled big F550 and 52ft gooseneck down to Laredo every week for 100k miles a year. Took me exactly one stop to learn the rules and the commercial weights enforcement officers were awesome. Very thorough to explain what I needed and how to stay in service. CDL, TX DOT, correct insurance etc. On that stop i had a single wheel F350 and a 24ft gooseneck. Doesn't matter fell under same requirements.

They stopped me exactly one more time and high fived me and on my way. Waved at me from then on because they knew my stuff was in order. About 7 yrs at 100k miles a yr same route every week.. One stop not being in compliance. A giant list of what needed to happen to follow the law. Second stop all good. And never again.

I never blamed the officer for my ignorance.... and wasnt so stupid thay I would simply ignore their lesson. I shut down and got it all in order. Took about ten days or so and learned a lot. It paid off.

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I agree with this. Know the regs or don't participate. Certainly not the Trooper's fault.

Would you allow your children to continue to violate school rules and then blame the school admin if the punishment became more severe after each rule violation?

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Great analogy! If they made a stupid ass rule like letting men into the girls restrooms that rule should never be followed! Thank you for proving my point, de-rating the trailers is the way it will be handled but it's dumb as hell.

Stupid rule and stupid application of the rule. State rep has also been contacted

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So obviously you contacted State rep to work on changing the commercial regulations so the crew can work outside of commercial requirements right? Or just for beechin about law enforcement doing their jobs enforcing those regs? Which is it?

This is why I TexAgs. Blue Parachute for you.

schmellba99 said:

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I laughed …. This is great

Victim mentality. Will never see logical arguments.

Ignorance and stupidity...
People aren't necessarily stupid because of ignorance. Choosing to remain ignorant, though, is stupid.

The rules are simple. Follow them.

In Texas (intrastate commerce) - GVWR > 26000 K - all rules apply. HAZMAT in placarded loads - all rules apply. Transporting above a certain amount of people - all rules apply. Interstate commerce it is 10K.

All you have to do is pay attention and you will understand why.

Important thing to remember:

" In Texas, farm vehicle drivers are exempt from CDL requirements when operating within 150 miles of their farm to transport their own agricultural products, machinery, or supplies. This exemption includes ranchers and farmhands, provided the vehicle is not a for-hire contract carrier."

Mas89 said:

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Is this legal? 55ft pipe on 34 trailer

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If someone can drive that frontloader fast enough

Your disagreement with the regulations does not place your buddy's business outside the scope or justify threatening to dox a guy for doing his job. A surface level understanding of when a CDL should or shouldn't be required combined with your belief that his situation is somehow unique doesn't create an exemption for him.

I'm doubtful a phone call to a state rep is going to yield any results aside from lip service. The standard your buddy is being held to is codified in federal law. I'd be interested in an update once he hears back from his state rep.

Thomas J Henry's billboards don't pay for themselves and your buddy is exposing his business to a massive liability if he continues to operate while he "is in the process" of getting into compliance.

Regarding targeted enforcement, I would absolutely continue to stop a carrier that I knew was flippantly disregarding what they're supposed to be doing. He's fortunate he was given the opportunity to retrieve his equipment in lieu of it being impounded.

SGrem said:

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Until the trailers are derated, the officer is going by the paperwork provided and is enforcing the law correctly. He is doing his job correctly.

Until the trailer paperwork is whole, complete, and accurately derated, your buddy is operating his business outside of the law. Either it is a legit business or it isnt.

The officers have no creativity. Your buddy and you are wrong for thinking they do.

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If by "creativity" you mean you are saying that they have no discretion on what they enforce and what they don't enforce, I leave you with this:

Bull.Sht.

I don't care one way or another about the OP, but based on what I've seen state and local LEO's completely ignore going down the road, the idea that they are somehow being super stewards of taxpayer safety or whatever on something like this is just a bit over the top.

Honestly IDGAF if a truck driving a trailer has a CDL or is overweight or not, so long as the loads are strapped good and it isn't a Jed Clampet type situation with the truck, etc. Because I've seen some absolutely terrifying things get hauled down the road with LEO's not even batting them an eye. DPS should focus on left lane campers and people on their phones anyway, they are the biggest single sources of road rage and dangerous driving out there.

I hear DPS is taking applications for a new academy class. Lots of opportunities for folks to go make a difference and become the perfect trooper and fix everything.

I'm too old, too fat and they don't pay nearly enough to mess with that.

But if I did, I'd be a left lane and talking on the phone while driving absolute nazi. Tickets for errbody!

schmellba99 said:

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I'd be a left lane and talking on the phone while driving absolute nazi. Tickets for errbody!

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Speaking my love language!

schmellba99 said:

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SGrem said:

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Until the trailers are derated, the officer is going by the paperwork provided and is enforcing the law correctly. He is doing his job correctly.

Until the trailer paperwork is whole, complete, and accurately derated, your buddy is operating his business outside of the law. Either it is a legit business or it isnt.

The officers have no creativity. Your buddy and you are wrong for thinking they do.

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If by "creativity" you mean you are saying that they have no discretion on what they enforce and what they don't enforce, I leave you with this:

Bull.Sht.

I don't care one way or another about the OP, but based on what I've seen state and local LEO's completely ignore going down the road, the idea that they are somehow being super stewards of taxpayer safety or whatever on something like this is just a bit over the top.

Honestly IDGAF if a truck driving a trailer has a CDL or is overweight or not, so long as the loads are strapped good and it isn't a Jed Clampet type situation with the truck, etc. Because I've seen some absolutely terrifying things get hauled down the road with LEO's not even batting them an eye. DPS should focus on left lane campers and people on their phones anyway, they are the biggest single sources of road rage and dangerous driving out there.

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There's a variety of LEOs and LEO responsibilities.

I never cared about traffic violations and only used them to make stops for felony acts. In fact, I didn't care about any misdemeanors. I had friends that did traffic enforcement, some who would write tickets for everything. But, they could stop a dope dealer or human trafficker and never even realize what crime was being committed, beyond the minor traffic infraction.

That would drive me crazy because our priorities were so different. But every time I would see someone driving in a way that would endanger others, I would appreciate that there are traffic cops, albeit not enough of them. And yes, there's definitely not enough going after slow left lane drivers.

The job I definitely couldn't do; Commercial inspections / enforcement. But I can also appreciate that someone wants to do it. Pretty sure these guys don't have discretion on this type of enforcement. If he lets one of these vehicles go and the driver ends up killing someone, especially because of the violation, that cop is in for a world of hurt.

They may let someone slide, but they're taking a risk, the same as if you let someone drive off with a suspended or revoked license and they end up killing someone (this is excluding various state laws that call for a citation); Or letting a DUI go and he kills someone.

Exactly. We all go bananas when a judge lets go a repeat offender but then blame the cop for pulling over commercial enforcement repeatedly....

OP's quest for justice for his "friend" is good entertainment. My biggest question: is he the friend, or is this a form of courtship?

yell_on_6th st said:

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About as fast as it takes to de-rate a trailer to a lower weight rating. It's not about being overweight, it's about bureaucratic minutia.

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But it will become about being overweight and the officer will still apply the law correctly should he weight them and the grid combined weight is over 26K. At that point, they will also receive an overweight citation.


Not being an ass, but I believe the officer is much more in the right here than you or your friend think.

It's really simple:

1)Combined GVRWs of truck and trailer(s) >26K lbs ( and that trailer is at least 10K lbs) and not farm exempt (those are >48K) falls under Commercial vehicle laws and CDL, etc required.
2) in the event actual combined weight for truck and trailer(s) exceeds 26K lbs, same as above.

If your buddy had a 1 ton and can lower his GCVWR to 26K or less by changing to a 3/4ton, that would be his easiest and best route. Otherwise he needs to request new serial number plates from manufacture indicating each trailer is only rated for as much as, when combined with the highest GVWR of his trucks, it won't exceed a GCVWR of 26K lbs. then, he will need to request new serial-register each trailer at that GVWR.

These are nothing new. About 20 years ago, DPS trooper started checking all these pickups and trailer and found a huge number of is wet in violation. Soon after, local counties created weights and measures units to do the same. Even some larger cities jumped on board. The law hadn't really changed, it's just that there was so much ignorance of it applying to these among the population that it surprised people. It sounds like this is what is happening to your formed and you now.
I encourage him and you to go become more familiar with the law and not just knee jerk from the portion the officer has shared.

yell_on_6th st said:

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op_06 said:

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yell_on_6th st said:

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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

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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.

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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

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Forget the "semi" concept. My 3/4ton pick-up (GVWR 11,350) pulling a trailer with a GVWR of 14,651 or more) empty or not, will require me to have a CDL.

yell_on_6th st said:

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op_06 said:

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yell_on_6th st said:

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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

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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.

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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

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Doubling down on being wrong.
If the combo meets CDL regs then every operator of that vehicle combo must have a CDL. Park the units until everything is squqred away and legal.

yell_on_6th st said:

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Kenneth_2003 said:

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yell_on_6th st said:

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op_06 said:

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yell_on_6th st said:

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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

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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.

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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

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Doubling down on being wrong.
If the combo meets CDL regs then every operator of that vehicle combo must have a CDL. Park the units until everything is squqred away and legal.

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Thanks for the informative response Captain Obvious. Two trailers being derated, one purchased and derated off the lot so the boys can drive by Barney and actually work for a living.

Congressman Session's and Rep, Harris' staff have been very helpful, communications with them continue.

Spirit of the law, fine. Letter of the law, dumb as *****

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A fine champion of your beloved!

Hot shots have jumped the shark. Everyone and his paki mother in law thinks it's a quick buck.

Thanks.

The problem I see for him next is this:
He is likely having to derate his trailers to 12,000 lbs (if his 1-tons are dual dear wheel). If true, then next thing that is probable is he will have his trailer over weight. I assume his "skid steer" is a track machine as the vast majority are these days. If so, it probably weighs a minimum of 9,000lbs (Kubota SVL-75, Cat 255 (formerly 259), etc. his trailer probably weighs 5000 lbs by itself, empty (yes, the GVWR is reduced by empty weight to get payload). In my scenario here, his trailer will weigh 14,000 lbs when loaded plus any attachments and other tools and mud on the CTL. Now, the DOT cop, if he weighs this and gets this result, will write your friend and over-weight ticket.

Folks doing what he is have been struggling with this issue for a long time. Some people went to small Freightliner trucks with a 26,000 GVWR, and long wheel bases and had flat beds with dovetails installed on them. Others order trailers to match with 3/4 ton trucks to get a GCVWR of 26,000.

If going the truck and trailer route, the "1-ton" is a poor choice as they take up more of your 26,000 GCVWR. Just like he is now trying to reduce the GVWR on his trailers, it's more useful to get a truck with a bit lower GVWR that can still do the job.

Anyway, I hope he gets it straightened out soon and can get back to producing. I know this is frustrating for him.

yell_on_6th st said:

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Catag94 said:

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Very curious now. What were his trailers' GVWRs before derating? What trucks is he using? And, what is he hauling?

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17k, 1 ton, 8k mini ex or skid steer

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Be sure to update Congressman Session's and Rep, Harris' office that your friend is having trouble getting around the laws that the DPS is doing their job to enforce with the above equipment list. Keep them updated how every effort to skirt the commercial requirements results in new challenges as your friend is still operating at commercial weights but is stomping his feet and doesnt wanna....

Shake my head. Purdy clear the DPS is enforcing the rules that every one ton/trailer/heavy equipment business is required to follow.

Get compliant. Or change the equipment to operate as suggested above. Its good advice.

When your friend does get in compliance he will then be calling DPS to report his competition that arent in compliance when they underbid him.

Bottom line is:

If it seems like there's an easier way to do something and nobody is doing it, you didn't think of it first, it's just illegal.