Long Shot DMV question...

kaiser715

kaiser715

Doing hard time
Joined
Jun 1, 2006
Location
7, Pocket, NC
I got a problem with the DMV, and need help getting an answer. Maybe somebody here knows somebody, or at least has some opinion on how right or wrong I am. I have written the NC DMV, and then the state attorney general's office, asking for a clarification on this, but have gotten no response to date.

Here's the problem:

I have a CDL, which is required, with a passenger endorsement, for driving our Scout troop's bus (26 pass., CDL/P required over 16 pass.). The FMCSA exempts the medical card requirement for non-business transport of passengers in 391.68(c). Link to 391.68

The FMCSA even has a plain-text explanation in a pdf on their website. Under non-business PMCP (private motor carrier of passengers), it specifically mentions Scout groups in the definition.

Now, for the problem.... remember these are FEDERAL safety laws. The state of North Carolina apparently says that the exemption is only good for INTRASTATE travel and I'd be in major trouble if caught out of state. Guys at the DMV when I renewed my license last month made made it a point to tell me that. In addition, the (state) form you have to fill out for the exemption says "intrastate" on it. (I think it was CDL-5A or CDL-5B). I had my printouts of 391.68 with me, and the pdf, and challenged them to show me where the law made any distinction between intra- and inter-state (it does not). Their response?? They didn't have time to look at it, and the typical answer "the law is the law". WTF?

So...for the one trip a year our Scouts typically take out of state, the drivers have to get a medical card, logbook, etc???? $$$$$ I don't think that's the intent of 391.68.

Am I reading it wrong, or is the state DMV just making this up as they go along? Anybody have any tips towards getting an official ruling/answer on this??
 
this probably won't help...but I'll type it anyway... :D

I have my CDL and passenger endorsement for the church bus...I also have my medical card, as I've always been told (not that that makes it law) I had to have it if I left the state...

luckily, I can get the exam for free through my company, so at least I'm not paying out of pocket (just burning my time)...and the only thing in our "log book" in the bus is the number of miles driven in each state...not hours like I "think" the truckers keep...

Greg
 
When keeping a Good Log book.. you need time you start driving, mileage vehicle was at when started driving, and then you need to keep it updated with time and mileage everytime you stop..
you also must write down how long you stopped for etc..

this will let the officer that pulls you or checks it at weight stations know if you have been behind the wheel to long and need a rest..

I got stopped from upstate CT to DC at a weight station and they made me stay there for 4 hrs.. to make sure i was not behind wheel to long without a break because i forgot to fill out one line in my log booked.. Yes it sucked..
 
A lot of googling last night, and it looks like the DMV might have told me right. I base this not on finding anything specific about NC...but did find that in several other states it is law that the medical waiver is only good in that state. A couple of states it even says so on the restrictions on the back of the license.
 
Two things came to mind when reading this thread. One- the law has absolutely zero interest in fairness. Is it unfair for your situation? I think so, but the law doesn't give a crap about what either you or I think. And two- Don't hold your breath waiting on receiving a clarification from the DMV. The way most government agencies view a request for clarification of a law is as a liability. Meaning, if they tell you one thing and then a judge disagrees with them, they are the ones that end up looking bad. They view it as less risky to just stonewall your request and let you take your chances with the police and the legal system. Yeah, it sucks.
 
The CMV 3 day class I took as part of my training last year was taught by a ex-DMV officer. He stated that the federal regulations kick in if you are hauling person or property for profit and operating a vehicle with gross vehicle weight of 10,000 or more pounds. So if you are not getting paid to haul the scouts then you shouldnt fall under federal motor carrier regulations. You would still need a CDL C since you are transporting more that 16 people.
 
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