Everybody Who Tows a Trailer Should Read This

[Lynn Hoosigian]

Originally Posted by Lynn Hoosigian

Can't seem to find what your talking about Wayne. Saw nothing 2007 update - could be me as I'm not that literate!!!!

Found it on Yahoo! And what does this mean in plain english?
Who's a lawyer out there???

[SG1809]

This is the update I believe Wayne was referring to: SECTION 4. G.S. 20-115, 2 B may be applicable for what we do, but I'm not sure how they will interpet this law. They may consider this again to be Commercial vehicles and not RV's and non-commercial operations.

Wasn't it fun when all we had to worry about was hitting the tree and dialing the car in?

Regards,

Pat
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GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007



SESSION LAW 2008-221

SENATE BILL 1695



AN ACT to make various changes to the motor vehicle laws related to drivers licenses, registration plates issued to farm vehicles, and vehicle size and weight limitations, as recommended by the joint legislative TRANSPORTATION oversight committee.


The General Assembly of North Carolina enacts:


SECTION 1. G.S. 20-7(a)(3) reads as rewritten:

"(3) Class C. - A Class C license authorizes the holder to drive any of the following:

a. A Class C motor vehicle that is not a commercial motor vehicle.

b. When operated by a volunteer member of a fire department, a rescue squad, or an emergency medical service (EMS) in the performance of duty, a Class A or Class B fire-fighting, rescue, or EMS motor vehicle or a combination of these vehicles.

c. A combination of noncommercial motor vehicles that have a GVWR of more than 10,000 pounds but less than 26,001 pounds. This sub-subdivision does not apply to a Class C license holder less than 18 years of age."

SECTION 2. G.S. 20-88(b)(3) reads as rewritten:

"(3) License plates issued at the farmer rate shall be placed upon trucks and truck-tractors that are operated exclusively in the for the primary purpose of carrying or transportation transporting of the applicant's farm products, raised or produced on his the applicant's farm, and farm supplies supplies. The license plates shall not be used on a vehicle and not operated in hauling for hire."

SECTION 3. G.S. 20-115.1(g) reads as rewritten:

"(g) Under certain conditions, and after consultation with the Joint Legislative Commission on Governmental Operations, the North Carolina Department of Transportation may designate State highway system roads in addition to those highways designated by the United States Secretary of Transportation for use by the vehicle combinations authorized in this section. Such designations by the Department shall only be made under the following conditions:

(1) A determination of the public convenience and need for such designation;

(2) A traffic engineering study which clearly shows the road proposed to be designated can safely accommodate and has sufficient capacity to handle these vehicle combinations; and

(3) A public hearing is held or the opportunity for a public hearing is provided in each county through which the designated highway passes, after two weeks notice posted at the courthouse and published in a newspaper of general circulation in each county through which the designated State highway system road passes, and consideration is given to the comments received prior to the designation.

(4) The Department may designate routes for one particular type of STAA (Surface Transportation Assistance Act) dimensioned vehicle when significant, substantial differences in their operating characteristics exist.

No portion of the State highway system within municipal corporate limits may be designated by the Department without concurrence by the municipal governing body. Also, the The Department may not designate any portion of the State highway system that has been deleted or exempted by the United States Secretary of Transportation based on safety considerations. For the purpose of this section, any highway designated by the Department shall be deemed to be the same as a federal-aid primary highway designated by the United States Secretary of Transportation pursuant to 49 USC 2311 and 49 USC 2316, and the vehicle combinations authorized in this section shall be permitted to operate on such highway."

SECTION 4. G.S. 20-115.1(b) reads as rewritten:

"(b) Motor vehicle combinations consisting of a semitrailer of not more than 53 feet in length and a truck tractor may be operated on the interstate highways (except those exempted by the United States Secretary of Transportation pursuant to 49 U.S.C. 2311(i)) and federal-aid primary system highways designated by the United States Secretary of Transportationall primary highway routes of North Carolina provided that:the motor vehicle combination meets the requirements of this subsection. The Department may, at any time, prohibit motor vehicle combinations on portions of any route on the State highway system. If the Department prohibits a motor vehicle combination on any route, it shall submit a written report to the Joint Legislative Transportation Oversight Committee within six months of the prohibition clearly documenting through traffic engineering studies that the operation of a motor vehicle combination on that route cannot be safely accommodated and that the route does not have sufficient capacity to handle the vehicle combination. To operate on a primary highway route, a motor vehicle combination described in this subsection must meet all of the following requirements:

(1) Any The motor vehicle combination must comply with the weight requirements in G.S. 20-118.

(2) A semitrailer in excess of 48 feet in length shall not be permitted unless:must meet one or more of the following conditions:

a. The distance between the kingpin of the trailer and the rearmost axle, or a point midway between the two rear axles, if the two rear axles are a tandem axle, does not exceed 41 feet; orfeet.

b. The semitrailer is used exclusively or primarily to transport vehicles in connection with motorsports competition events, and the distance between the kingpin of the trailer and the rearmost axle, or a point midway between the two rear axles, if the two rear axles are a tandem axle, does not exceed 46 feet; feet. and

(2)(3) Any A semitrailer in excess of 48 feet is must be equipped with a rear underride guard of substantial construction consisting of a continuous lateral beam extending to within four inches of the lateral extremities of the semitrailer and located not more than 30 inches from the surface as measured with the vehicle empty and on a level surface."

[Lynn Hoosigian]

Thanks Pat.
Still talks only of semi's - not motorhomes and we are overlength like most racers!!!.

[wsmracing]

As per chris at lowes motor speedway......there was a meeting at richard childress racing...a major with the north carolina state police was there, the old law of 60 ft overall length is still on the books...., but......the major, in so many words has asked the troopers to use good judgement / common sense in this matter.............it has been resubmitted for review in the next few weeks...............but ..! There is no guarentee that if a hot shot trooper were to see you do something that doesn't look just right, or think you look a little long............the law is supported & you could get a $135.00 fine.........

11:48 am wednesday 08/27/08

[SG1809]

Overlength is going to be a hard one to argue. I don't think you can even apply for an overlength permit since it's not a Semi-trailer or a Commercial application.

Pat
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[Mickey Whaley]

DMV told me that if you were hauling a race car and won any $ you were then a commercial vehicle, if you weighed over 26,000 you had to have your cdl's, if you went more than 100 miles from home you had to have a fuel sticker and log book and alot of other BS. Telling the officers that your going to a car show for charity might not work anymore, the officer also said he hated the new changes because it put alot more work on them.

[wsmracing]

When we talked to chris kouir at lms today, he said there was a meeting and there was a major from the nc state police there, the major said that he asked his troopers to use good judgement & common sense, but he could not tell them....don't issue any tickets.......its an old law that is under review, but its still a law....so if stopped an a ticket is issued its a $135.00...... Chris told me that everything " should" be ok.............look forward to seeing you, that was at 11:48 am today..........

[John Quinn]

Originally Posted by Mickey Whaley

DMV told me that if you were hauling a race car and won any $ you were then a commercial vehicle, if you weighed over 26,000 you had to have your cdl's, if you went more than 100 miles from home you had to have a fuel sticker and log book and alot of other BS. Telling the officers that your going to a car show for charity might not work anymore, the officer also said he hated the new changes because it put alot more work on them.

They say that a lot but they are wrong. In order for it to be a commercial vehicle you have to be sponsored or declare racing as a business on your taxes. That is what the Federal law says and that takes precedence over any state law. Also recreational vehicles are exempt from CDL, also federal.

Get a copy of the Federal reg's from Amazon, highlight the important paragraphs and bookmark the page. When you show them a federal law that contradicts them that should be enough.

[wsmracing]

Just got an e-mail back from the f.m.c.a, they contacted nc highway patrol @ 919-715-8683...they confirmed the 60ft. Law , non-commercial vehicles towing on a ball......is an old law , but an active law that is under review by the state assembly

[SG1809]

Originally Posted by John Quinn

They say that a lot but they are wrong. In order for it to be a commercial vehicle you have to be sponsored or declare racing as a business on your taxes. That is what the Federal law says and that takes precedence over any state law. Also recreational vehicles are exempt from CDL, also federal.

Get a copy of the Federal reg's from Amazon, highlight the important paragraphs and bookmark the page. When you show them a federal law that contradicts them that should be enough.

I agree with what you sre saying about them being wrong but they can do what they want. Just like I was told in the toll booths on 95 in MD by a cadet in training that his Trooper said if you win a trophy it's considered a Commercial operation. They give you a summons and you have to prove them wrong. Being educated about the laws will help. Years ago a trooper tried to give me a summons for a container chassis I was transporting on my Flatbed Trailer, he said I was overlength. I knew the law, that it was an un-divisable load, qoted that, debated with him and he let me go. I saw him go back to his car and get out his rule book and he started to read, he didn't know the wording of the law.
Learn about this,comply with the state laws, have your stuff safe and hopefully you'll get by. Things like this happen every once and a while, a few years ago it was (in NJ) you had to have your name on your pickup truck for some reason and guys were getting pulled over for that.

I still think we should try to find out what restrictions there are for RV's, Motorhomes etc. and what license is required. I will call NJ Div. of MV tomorrow and post what I find.

Regards,

Pat I
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