Definition of "Commercial Vehicle" in CA and NV

[TaoWanderer]

Here is a very ambiguous definition of "Commercial vehicle" in NV:

NRS 484A.055 “Commercial vehicle” defined. “Commercial vehicle” means every vehicle designed, maintained or used primarily for the transportation of property in furtherance of commercial enterprise.
(Added to NRS by 1969, 1477; A 1973, 448)—(Substituted in revision for NRS 484.037)

Here is CA's equaling mind boggling definition of "Commercial Vehicle":

V C Section 260 Commercial Vehicle

Commercial Vehicle

260. (a) A "commercial vehicle" is a motor vehicle of a type required to be registered under this code used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property.

(b) Passenger vehicles and house cars that are not used for the transportation of persons for hire, compensation, or profit are not commercial vehicles. This subdivision shall not apply to Chapter 4 (commencing with Section 6700) of Division 3.

(c) Any vanpool vehicle is not a commercial vehicle.

(d) The definition of a commercial vehicle in this section does not apply to Chapter 7 (commencing with Section 15200) of Division 6.

At this website: Who Must Stop at Scales?
CHP tries to decipher the CA Vehicle Code as it requires all "Commercial Vehicles" to stop at all weigh stations in CA.

Looks like they are saying that any truck with a non-standard pickup truck bed is a "commercial vehicle" and will have to stop.

So please correct me if I'm wrong, but after reading that link it looks like a mini 1/2 Ton Toyota Truck with an empty flatbed going past a scale will have to "stop and submit the vehicle to an inspection of the size, weight, equipment, and smoke emissions of the vehicle", where as a 1-ton with a fully loaded regular pickup bed and towing a bobcat can drive right past without stopping as long as it's for personal use.

 

[TaoWanderer]

Not sure why my link is not working.

 

[proud_parent]

Here is a very ambiguous definition of "Commercial vehicle" in NV:


Here is CA's equaling mind boggling definition of "Commercial Vehicle":


At this website: Who Must Stop at Scales?
CHP tries to decipher the CA Vehicle Code as it requires all "Commercial Vehicles" to stop at all weigh stations in CA.

Looks like they are saying that any truck with a non-standard pickup truck bed is a "commercial vehicle" and will have to stop.

So please correct me if I'm wrong, but after reading that link it looks like a mini 1/2 Ton Toyota Truck with an empty flatbed going past a scale will have to "stop and submit the vehicle to an inspection of the size, weight, equipment, and smoke emissions of the vehicle", where as a 1-ton with a fully loaded regular pickup bed and towing a bobcat can drive right past without stopping as long as it's for personal use.

How do you figure?


From the link you referenced:

CVC Section 471 defines "pickup truck" (bolding added):

471. A "pickup truck" is a motor truck with a manufacturer's gross vehicle weight rating of less than 11,500 pounds, an unladen weight of less than 8,001 pounds, and which is equipped with an open box-type bed not exceeding 9 feet in length. "Pickup truck" does not include a motor vehicle otherwise meeting the above definition, that is equipped with a bed-mounted storage compartment unit commonly called a "utility body."

DO THESE VEHICLES HAVE TO STOP AT THE SCALES?

PICKUP -- It depends on the gross vehicle weight rating (GVWR).

GVWR under 11,500 pounds -- NO.
GVWR 11,500 pounds or more -- YES.
Discussion: According to CVC Section 471, pickups are a motor truck by definition, which is required to stop at the scales per CVC Section 2813. However, all California weigh stations have signs stating: "No Pickups." So, if a vehicle meet the definition of pickup in CVC Section 471, it is not required to stop at the scales because of the signs stating: "No Pickups." If the pickup has a GVWR of 11,500 pounds or more, or the pickup bed has been removed and a utility body or flat bed has been mounted, then it no longer meets the definition of pickup in CVC Section 471; it is then a "motor truck" under CVC Section 410 and required to stop at the weigh stations.

 

[TaoWanderer]

How do you figure?


From the link you referenced:

Well, if your truck meets the definition of a "pickup truck" than you don't need to stop and apparently is not a "commercial vehicle", which the 1-ton in my example would meet, whereas the Toyota mini truck would not meet the the definition of a "pickup truck" since the standard bed has been replaced with a flatbed, therefore it apparently would fall in the category of a "commercial vehicle" since there is no GVWR minimum mentioned on that page to be classified as a "commercial vehicle".

 

[proud_parent]

Well, if your truck meets the definition of a "pickup truck" than you don't need to stop and apparently is not a "commercial vehicle", which the 1-ton in my example would meet, whereas the Toyota mini truck would not meet the the definition of a "pickup truck" since the standard bed has been replaced with a flatbed, therefore it apparently would fall in the category of a "commercial vehicle" since there is no GVWR minimum mentioned on that page to be classified as a "commercial vehicle".

Fair enough. So, what's your question?

If you are wanting to clarify whether a particular vehicle (e.g., Toyota mini truck) is required to stop, that website provides contact information for the CHP as well as for individual weigh stations.

If you're here to discuss the merits of this section of the CVC, that really not the focus of this forum.

 

[HighwayMan]

It would help if you let us know what your point is.

Take the extra minute and pull into the station. I'll guess that you'll be told to leave.

 

[TaoWanderer]

Sorry for the delay, I was in the country without internet access.

Well, I was asking because I didn't really think that could be right, as it's so counter-intuitive and bizarre, but the real issue at hand and reason for my digging into the CA VC is, my friend and I had a truck which is a Ford F-350 with a 12 foot flat bed on it, with a GVWR of 11,000 lbs. Both of our names were on the NV title because we bought it together and shared the truck since neither of us needed to use it all the time. We didn't have a business or anything and in NV it's just registered normally, as they don't consider it commercial (no motor carrier or commercial stuff needed). About a year and half ago I left NV and moved to CA. I gave my part of the truck to him, since I wasn't going to need to or be able to use it anymore, however we didn't bother to take my name off the title as it was in my name OR his name and didn't seem necessary to go through the trouble of him standing in line for 5 hours at the DMV and paying money to turn in the title to put it in just his name and changing the registration and insurance into his name only.

Now about a week ago I was back in NV visiting family and I saw my friend. He asked me to do a favor for him and use to the truck to go pick up an antique he had bought off eBay. I agreed. It was located in California. So I was on my way to go pick it up with his truck when I got pulled over by CHP. I explained the situation to the officer, but he said that since my name was still on the title it should also be registered in CA. I said that I didn't even know it was possible to be registered in two states at the same time (which I found out later by calling DMV, that it's not actual possible to register a truck in 2 states at the same time). He also said that since I drove over the state line I needed to have a US DOT #. This caught me completely by surprise as I had no idea I was doing anything wrong. Also he didn't really explain that he was giving me a ticket because CA considers this truck a commercial vehicle, which NV DMV manager stated that it is not a commercial vehicle in NV even with the flatbed on it.

The ticket has two violations written on it both checked as Correctable violations, yes.

4000(a)(1)VC CA REG FEES DUE – OWNER IS A CA RESIDENT – Infraction is circled

34507VC U.S. DOT # REQ'D – NOT DISPLAYED (GVWR OVER 10,000)

Now I'm wondering how I'm going to get out of this mess as it's really my friend's truck now and he doesn't want to be registering it in CA as it stays in NV. Also now that he knows CA considers it a commercial vehicle and wants it to have some kind of DOT #, he doesn't really want to go to CA anymore. I was thinking I should probably take my name off the title now, but not sure if that will help. My friend advertised the truck to sell it ASAP and have the proof of the sale attached to the letter that I will be sending to the judge next month for him to pardon me of 1 time offense based on my ignorance of not knowing the CA commercial truck law. Will the judge have the compassion to drop this corrective ticket and not fine me as punishment oriented solution to teach me a lesson harshly, as I have already learnt my lesson harshly and my friend is forced to sell the vehicle at a great loss?
Please help, urgently. I highly appreciate all the input, my dear brothers.

 

[HighwayMan]

I had a truck which is a Ford F-350 with a 12 foot flat bed on it, with a GVWR of 11,000 lbs.

Hardly what I would consider to be a passenger vehicle.

...in NV it's just registered normally...

"Normally"? What does that mean? All motor vehicles are registered "normally" as far as I'm concerned.

Now I'm wondering how I'm going to get out of this mess as it's really my friend's truck...

Easy. Have your friend pay the fines since it was HIS truck and you were doing him a favor.

he doesn't really want to go to CA anymore.

Really? Or is it "absolutely never"? Or "sometime he will if he has to"?

Will the judge have the compassion to drop this corrective ticket and not fine me as punishment oriented solution to teach me a lesson harshly, as I have already learnt my lesson harshly and my friend is forced to sell the vehicle at a great loss?

Why would you think anyone could predict what some unknown judge will do? Your question cannot be answered.