QuestionHello again. Thanks again for answering the questions we had.
Now the other thing i want to ask that I was confused about was the GVW that i gave you was the loaded gvw not the empty that is truck 4,000 and the trailer is only 2850.
and i know that we are not goin to be hauling more than 3000lbs on the trailer.
Okay well i hope that im clear in what im asking ! yikes i dont know how to ask this kinda stuff but with the empty GVW do we still need to run like a commercial vehicle or do they just go off the loaded gvw to determine if a commercial motor vehicle or not
Thanks again
Erika
D & L Trucking
AnswerI understand exactly what you mean. The government will use the GVWR (gross vehicle weight rating) on the data plate of each vehicle which is what the vehicle is capable of hauling, not what the vehicles weigh empty. There should be only one GVWR listed on the data plate. There is a DOT interpretation if the vehicle has no data plate.
Interpretation for Part 390.5 Definitions
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.
If the data plate in the door of the truck has GVWR 8,800 lbs., then that is what the officer will use to determine if it is a CMV. In case I didn't tell you, the Federal Motor Carrier Regulations web site is www.fmcsa.dot.gov . There is a complete listing of the regulations and I give you the #s of each part so you could check it out. The regulations are a little hard to read even for me and I've been trained how to read them. Part of it may be my strong southern accent. I don't mind answering any of you questions, sometimes it's hard to grab hold of and if it would help to talk on the phone, that's not a problem. I'll help anyway I can.
