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  1. #1
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    Jul 2008
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    Default Cited For Not Having a DOT Number, but Not a "Commercial Motor Vehicle"

    My question involves search and seizure law in the State of: Minnesota
    I was pulled over my MN State Patrol Lieutenant while driving a flatbed truck with GRVW over 14,001 lbs hauling some old junk cars to the dump. I borrowed the truck from a former roommate who owns a small car dealership. I am a self employed computer nerd and just wanted to clean out my yard. Plus scrap metal is high. He said he pulled me over for "Name and USDOT not displayed" 49 CFR 390.21
    § 390.21 Marking of CMVs.
    (a) General. Every self-propelled
    CMV, as defined in § 390.5, subject to
    subchapter B of this chapter must be
    marked as specified in paragraphs (b),
    (c), and (d) of this section.
    But the "CMV, as defined in §390.5" state a CMV is a vehicle involved in interstate (across a state line) commerce.
    And whether it is "subject to subchapter B of this chapter"(i.e. §350-399 see 62 FR 16405 Question 19)

    49 CFR 390.3 General applicability.
    (a) The rules in subchapter B of this chapter are applicable to all employers, employees, and commercial motor vehicles, which transport property or passengers in interstate commerce

    49 CFR 390.5 Definitions
    Unless specifically defined elsewhere, in this subchapter:

    Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle—
    (1) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or
    (2) Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
    (3) Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
    (4) Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR,

    I was transporting intrastate, he assumed I was involved in interstate commerce and pulled me over in violation of a Subchapter B regulation. MN state law { MN Statute 168.185(b) }even states explicitly that you do not need to display the USDOT number for intrastate transport. Did he have Reasonable and Articulable Suspicion? Of course that is the reason he have me. I filed a demand for disclosure today with the county attorney to get officers notes and anything else. I plan to file a MOTION TO SUPPRESS FOR LACK OF REASONABLE AND ARTICULABLE SUSPICION TO DETAIN as soon as I get through discovery.

    Question: do I state a time for the motion hearing or just set it for the trial date July 18th?
    Do I file the motion with the Court Administrator and give a copy to prosecutor?
    Should I file motion to supress or dismiss?;
    he went on to cite me for
    391.41(a) No Health Card and
    393.51 "Defective Brake Warning" (The dash light didn't come on when I pressed the emergency brake)
    Incidentally check out 49 CFR 390.3 (f)(3) for trial

  2. #2
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    Default Re: Not a "Commercial Motor Vehicle", Motion to Suppress or Dismiss?

    Ever since the New Deal, it's been the case that certain entirely intrastrate transactions can affect interestate commerce, and thus can be regulated as interstate commerce.

    As for the state statute you mention, "An owner of a truck or truck-tractor having a gross vehicle weight of more than 10,000 pounds, as defined in section 169.01, subdivision 46, other than a farm truck that is not used in interstate commerce...." You're claiming the truck you used to haul cars is a "farm truck that is not used in interstate commerce"?

    What statute did the officer cite for this particular violation?

  3. #3
    Join Date
    Jul 2008
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    7

    Default Re: Cited For Not Having a DOT Number, but Not a "Commercial Motor Vehicle"

    Thanks for the reply,
    No its not a farm vehicle, farm vehicles were the exception to the MN stat.168.185(a) requirement to obtain a USDOT number. Paragraph B states that it is not required to display a USDOT number on any vehicle.

    He claimed to pull me over (and subsequently cited me) for a CFR Title 49 Subtitle 2 Chapter III Subchapter B violation (49 CFR 390.21(a)) This entire Subchapter B (the Federal Motor Carrier Safety Regulations) only applies to vehicles involved in "interstate commerce", with very few exceptions. [See 49 CFR 390.3(a) and 49 CFR 390.5 Definitions - Commercial Motor Vehicles]
    Additionally, the definition for interstate in this section is not left ambiguous. There is a clear delineation between interstate and intrastate
    [See 49 CFR 390.5 Definitions - Interstate Commerce]
    Interstate commerce means trade, traffic,or transportation in the United States—
    (1) Between a place in a State and a place outside of such State (including a
    place outside of the United States);
    (2) Between two places in a State through another State or a place outside of the United States; or
    (3) Between two places in a State as part of trade, traffic, or transportation originating or terminating outside the State or the United States.
    Intrastate commerce means any trade, traffic, or transportation in any State which is not described in the term ‘‘interstate commerce.’’

  4. #4
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    Default Re: Cited For Not Having a DOT Number, but Not a "Commercial Motor Vehicle"

    Paragraph B says,
    Quote Quoting Minnesota Statutes, Sec. 168.185 USDOT Numbers.
    (b) Assigned USDOT numbers need not be displayed on the outside of the vehicle, but must be made available upon request of an authorized agent of the registrar, peace officer, other employees of the State Patrol authorized in chapter 299D, or employees of the Minnesota Department of Transportation. The vehicle owner shall notify the registrar if there is a change to the owner's USDOT number.
    Where's the language you're talking about?

    I very much doubt that a state police officer ticketed you under a federal statute or regulation, as he's not a federal officer and this matter is presumably being handled in state court.

  5. #5
    Join Date
    Jul 2008
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    7

    Default Re: Cited For Not Having a DOT Number, but Not a "Commercial Motor Vehicle"

    Actually, state troopers do have authority to enforce federal laws. Particularly 49 CFR 350-399. Either way, upon further research MN Statute 221.0314 adopted all the relevant Federal Regulations for interstate carriers to apply to intrastate commerce as well. So my Motion to Dismiss for Lack of Reasonable Suspicion to Detain is out the window.
    The prosecution could simply change the reasonable suspicion from the federal regulation to a state regulation MN Stat 221.031 subd. 6 Federal law requires Name and USDOT number displayed for interstate carriers, MN state law states USDOT number need not be displayed, but Name does.
    Thanks for all your help.

    My citation lists Title 49 CFR regulations
    1) 49CFR391.41(a),
    2) 49CFR390.21(a), and
    3) 49CFR393.51.
    MN state law has incorporated those federal regulations. My defense at trial will be the Federal Regulations own exemption 49 CFR 390.3(f)(3).
    a) I just borrowed the truck
    b) I was bringing personal junked autos to the recycling center.
    c) It wan't a business
    Any thoughts on that? Do I have the burden to prove the exception applies to me, or does the state have to prove that the exception doesn't apply to me?

  6. #6
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    Default Re: Cited For Not Having a DOT Number, but Not a "Commercial Motor Vehicle"

    So you're starting to figure out what I was talking about? You are charged under the Minnesota statutes, which incorporate the CFR's. That's different from being charged with federal offenses in state court.

    You've, for some reason, started another thread for your latest set of questions, so I'm not going to address them here.

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