Horse Trailer Inspection & Farm Tag Crackdown in Texas????

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tag:
Dad was listening to the radio the other day and heard them say they are cracking down on farm tags (will have to have affadavit verifying it's legal) and cracking down on trailer inspections (for trailers over 4500 lbs).  He said the guy said they won't renew tags without inspection, etc. 

Anyone heard anything?  Dad thought the guy on the radio said something passed Sept. 1, 2006.

mammadearborn:
When I renewed my trailer I had heard the same thing, but at the tag agency they told me that was just for new tags, not renewals

tag:
Quote from: mammadearborn on November 09, 2006, 03:01:36 PM

When I renewed my trailer I had heard the same thing, but at the tag agency they told me that was just for new tags, not renewals


Thanks for the info!!

Andie Guess:
Here's some things I have researched concerning the issue:
In 1986, Congress passed the Federal Commercial Motor Vehicle Safety Act (FCMVSA/86). This law requires each State to meet the same minimum standards for commercial driver licensing. The states may have more stringent regulations of their own, but they may not lessen the standards.
Commercial Motor Vehicle (CMV) has two definitions according to The United States Department of Transportation (USDOT), Federal Highway Administration FHWA. The difference comes into play when discussing requirements for Commercial Driver's License (CDL) and Federal Motor Carrier Safety Regulations (FMCSR)

FOR THE PURPOSES OF COMMERCIAL DRIVER'S LICENSE (CDL)

Commercial Motor Vehicle (CMV) - a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle -
has a gross combination weight rating (GCWR) of 26,001 lbs. or more inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 lbs.
has a gross vehicle weight rating (GVWR) of 26,001 lbs. or more or
is designed to transport 16 or more passengers, including the driver:
 
FOR THE PURPOSES OF FEDERAL MOTOR CARRIER SAFETY REGULATIONS (FMCSR)

Commercial Motor Vehicle means any self-propelled or towed vehicle used on public highways in *interstate commerce to transport passengers or property when:
the vehicle has a gross vehicle weight rating (GVWR) or gross combination weight rating (GCVWR) or 10,001 or more pounds; or
the vehicle is designed to transport more than 15 passengers, including the driver.
Definitions of :
*Interstate Commerce - Any trade, traffic, or transportation in any State which is between a place in a State and a place outside of such State (including a place outside of the United States) or is between two places in a State through another State or a place outside of the United States.
Intrastate Commerce - 1. Any trade, traffic, or transportation in any State which is not described in the term "interstate commerce" 2. Wholly within one state.
"Commerce" can be more loosely defined as actually "involved in a commercial venture" or the "intent" to make a profit. This does not mean actually making a profit! Running a commercial stable, hauling horses for show (with intent to profit), race, sale, training, or for compensation are some examples of commercial enterprises. Prize money and showing to increase the value of the horse can be interpreted as profit.

How do these regulations and terms apply to horse trailers?
If you are driving a vehicle or combinations of vehicles under 10,001 lbs. GVWR or GCVWR, you don't have to be concerned with the FMCSR's or a commercial driver's license (CDL). You must, however, follow the safety equipment requirements and driver's license requirements of your own state.
If you are driving a vehicle or combination of vehicles interstate 10,001 to 26,000 pounds GVWR, you must decide if you are commercial and subject to FMCSR. You do not need a commercial driver's license (CDL), although your home state may have an additional classification of driver's license. (The initial decision is up to the owner whether or not he/she is pursuing a hobby or is involved in interstate commerce and he/she bears the burden of proof. If you only travel within your state, you may follow the state definitions of commercial, but if you plan to travel into other states and your vehicle or combination is 10,001 lbs or more, the official recommendation from Federal Authorities is that you follow FMCSR's.
If you are driving a vehicle or combination of vehicles intrastate 10,001 to 26,000 lbs GVWR, you must follow your home state requirements if they differ from the Federal requirements.
If you are driving a vehicle or combinations of vehicles 26,001 lbs. GVWR or more interstate you must have a commercial driver's license (CDL) and you must follow FMCSR.
If you are driving a vehicle or combination of vehicles 26,001 lbs. GVWR or more intrastate, you must follow your state guidelines for commercial licensing (CDL), and FMCSR requirements.
Farm exemptions can be obtained in some instances, but the vehicle must stay within 150 miles of the farm.
Many states require trucks and trailers to have license plates that are labeled "commercial" but this does not always mean you are considered "commercial" in all states.


In 1989, the Texas Legislature established the Commercial
Driver License Law to comply with the federal Commercial
Motor Vehicle Safety Act of 1986.
Who needs a Commercial Driver License?
All drivers who operate a commercial motor vehicle (see
definition) will be required to have a
Commercial Driver License (CDL) by April 1, 1992. The law
does provide for some exemptions. If the driver meets one
or more of the criteria listed below, he will not be required to
have a CDL. However, the driver will be required to have a
Class A, B, or C Non-CDL License.

TEXAS
COMMERCIAL MOTOR VEHICLE
DRIVERS HANDBOOK

Who is exempt from a CDL? (Certification form CDL-2
required)
Persons operating the following vehicles are exempt from a
Commercial Driver License:
1. A vehicle that is controlled and operated by a farmer;
and used to transport agricultural products, farm machinery,
or farm supplies to or from a farm; and not used in
the operations of a common or contract motor carrier; and
used within 150 air miles of the personís farm.
4. A recreational vehicle that is driven for personal use.
Most of the confusion is that people think there are THREE license types in Texas, when there are actually SIX (seven counting motorcycle endorsement). There are
1. Class A CDL (commercial driver license)
2. Class B CDL
3. Class C CDL
4. Class A (notice no CDL appendage)
5. Class B
6. Class C
7. a motorcycle or "M" endorsement to any of above.

Persons driving or pulling an RV will need either 4, 5, or 6 depending on vehicle weight. No RV driver needs a CDL, (items 1 or 2) but might need a class A or class B.

The one thing the DOT does agree on is RVís. Pull a fifth-wheel RV or a horse trailer with Living Quarters and I don't see where they require a CDL or logbook, is that a loophole? A Living Quarters in your horse trailer like a RV trailer maybe considered a second home or a vacation home and may have tax deductible interest.
If you do haul into other states, getting a CDL might save some headaches latter. 
Here are some websites:
US DOT http://www.dot.gov
Federal Highway Admin (FHWA) http://www.fhwa.dot.gov
Federal Motor Carrier Safety Admin http://www.fmcsa.dot.gov http://www.equispirit.com/info/articles/fedrgulations.htm

burnintheturns:
Quote from: tag on November 09, 2006, 01:59:38 PM

Dad was listening to the radio the other day and heard them say they are cracking down on farm tags (will have to have affadavit verifying it's legal) and cracking down on trailer inspections (for trailers over 4500 lbs).  He said the guy said they won't renew tags without inspection, etc. 

Anyone heard anything?  Dad thought the guy on the radio said something passed Sept. 1, 2006.


I just asked hubby about this.  He is a sheriff's deputy (not in the county we live in) and he told me that this is true.  However, trucks who have had farm tags aren't being asked about so much as new registrations.  He re-registered an old truck of ours that has been sitting un-registered for a year without any problem (our toyota blew up and so my go back and forth to work truck is gone and we needed a second vehicle in case of emergency as I now have to drive the new one).  There isn't that much difference in price between farm tags and regular tags.  He did tell me that if he was in our new truck and I had to take the old truck for groceries for example and was stopped for the tags to ask the officer to read such and such numbers of the code book.  (Like I can remember the numbers he rattled off . . . half the time I can't even remember my darned name. . .)  Hubby said that I might still get a ticket but it will make the officer think about it and that I would most likely be able to get out of it.  I told him that I would probably have to produce a grocery receipt for that same day or some kind of documentation.  Hubby had told me that vehicles with farm tags can be used for more than just "farm" purposes and they are and only are things like going to the grocery store, going to church, taking the kids to school, going to school, going to the doctor or any serious emergency or family related matter.  Using it to go to work on a regular consistent basis, etc is a no-no. 

Out of curiosity, I asked him about me using the cow trailer to go to a barrel race.  He said they can't say nothing about that.  It's a cattle trailer.  When I finally get to buy a horse trailer, it will have to have full tags on it.  But I have known people to put farm tags on their horse trailers.  I think they get away with it because they can produce farm exemption documentation when they register it and raise/sell horses for part of their living.  I am not so sure on the registration on those go as he didn't say a whole lot about that.  I do know that it is astronomical like a pick-up when you purchase regular tags for horsetrailers when you first buy them.

But I do have to say that I am glad the state is cracking down on the issue even though it aggravates me at the same time.  I see soooooo many vehicles with farm tags on them and you can look at it and tell that it hasn't seen a lick of dirt on it much less be used for "farm" type purposes.  That bites my butt.  But I can see trucks like many of the bb's here and on our place that have multi-purpose uses being tagged that way.  You never know when they will be hauling tractor parts, diesel, and tools, feed or hay, kiddos to ball games, family to church, someone to work, the doctor, a critter to the vet, haul cows, pigs, and you name it. 

BTW, what is up with that stooopid plastic piece they call a spoiler being on the bottom of the front bumper of a work truck?  I need this argument solved.  I say it has no purpose other than to trick it out and make it look more refined rather than what the vehicle is actually designed for.  (Accidentally ripped it off when I got stuck the other day.)  Hubby says its to help with air intake.  I was born at night but not last night and I have turned a few wrenches in my day. . .  So far, with a week plus of driving it, fuel mileage and power hasn't seemed to change. . .  I still say it is only a vanity piece.  What say you?

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