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Commercial vs. Non-Com Registrations in MA

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  #136  
Old 02-27-2011, 04:47 PM
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I'm not sure if my info is current but the cutoff used to be 50%, if you used it 50% or more for personal use, it could be registered as a passenger vehicle but you couldn't have signs/phone numbers on it.

Over 50% or a sign would make it commercial. Then there was some exclusion for pizza delivery type signs. Now this was just dealing with the handymen folks with the pickup when they dropped the 'all pickups are commercial' bit.
 
  #137  
Old 02-27-2011, 08:13 PM
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Originally Posted by fast_st
I'm not sure if my info is current but the cutoff used to be 50%, if you used it 50% or more for personal use, it could be registered as a passenger vehicle but you couldn't have signs/phone numbers on it.

Over 50% or a sign would make it commercial. Then there was some exclusion for pizza delivery type signs. Now this was just dealing with the handymen folks with the pickup when they dropped the 'all pickups are commercial' bit.
I believe you are correct in that instance. In fact it may be even higher than that. I think you are allowed 60% Commercial before required. Unless you are transporting people or goods for compensation.


G
 
  #138  
Old 02-27-2011, 08:25 PM
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I wouldn't mind registering as commercial if it was for 2 years like the passenger tags and it was the same price..
 
  #139  
Old 02-27-2011, 08:42 PM
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Originally Posted by donjamer
I wouldn't mind registering as commercial if it was for 2 years like the passenger tags and it was the same price..
LOL. This is true. Not only is it twice the money, it's half the length.

Like I said, I don't mind paying more for the reg, since I technically CAN be far heavier than most vehicles. But what pisses me off is that I can buy a 40' motorhome with 8 tires on the ground, hook up a 35' trailer with my 2 $100,000 antique cars and 2 Harleys and run down the highway weighing in at nearly that of a tractor trailer, but That's only a recreational vehicle.

Because I chose to buy a vehicle that will support my needs in a safe manner I am being penalized. Typical Taxachusetts.

Hell I even have slide in mounts on it. In New York that IMMEDIATELY makes it a rereational personal vehicle...


G
 
  #140  
Old 02-27-2011, 10:50 PM
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Funny was getting in line with the dually for 'commercial' inspection, I was between a cement truck and a 100 ton crane, goofy.
 
  #141  
Old 02-28-2011, 04:44 AM
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Originally Posted by fast_st
Funny was getting in line with the dually for 'commercial' inspection, I was between a cement truck and a 100 ton crane, goofy.
lmfao. So you for once felt REALLY small.
 
  #142  
Old 02-28-2011, 12:25 PM
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[quote=NewEnglandHerdsman;10012560]How is it that the RMV can issue you an illegal registration? quote]

Hi Everyone and I hope you are all surviving this miserable winter. There are no updates I can report. I have just sent another request to Sen Moore's office to get us an update. I fear we are being ignored with the hope that we go away.

In any case, the question raised above is a good one. We know that individual insurance agents as well as dealers can choose to register your truck either way. It may be a process issue with the way the registry accepts the paperwork. Because different agents continue to apply the rules differently, new people keep learning about this problem the hard way. In any case, it's one of the problems with this law that needs to be resolved for fairness to all of us. The stepped-up enforcement is a real concern because I'm not sure that all the agencies are enforcing from the same play-book. Some people tell me they are getting stopped in 1-ton 4 wheel trucks also. Others say their town police are the ones telling them to register "passenger".

I'm going to build an email list for anyone interested and write up an issue briefing. If you PM me with your email address I'll contact you later this week with a draft for comments.

Thanks
Steve
 
  #143  
Old 03-03-2011, 05:41 AM
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[quote=satwood;10030701]
Originally Posted by NewEnglandHerdsman
How is it that the RMV can issue you an illegal registration? quote]

Hi Everyone and I hope you are all surviving this miserable winter. There are no updates I can report. I have just sent another request to Sen Moore's office to get us an update. I fear we are being ignored with the hope that we go away.

In any case, the question raised above is a good one. We know that individual insurance agents as well as dealers can choose to register your truck either way. It may be a process issue with the way the registry accepts the paperwork. Because different agents continue to apply the rules differently, new people keep learning about this problem the hard way. In any case, it's one of the problems with this law that needs to be resolved for fairness to all of us. The stepped-up enforcement is a real concern because I'm not sure that all the agencies are enforcing from the same play-book. Some people tell me they are getting stopped in 1-ton 4 wheel trucks also. Others say their town police are the ones telling them to register "passenger".

I'm going to build an email list for anyone interested and write up an issue briefing. If you PM me with your email address I'll contact you later this week with a draft for comments.

Thanks
Steve
Steve,

I think that is a fantastic idea. The more people we can get active, the better chance we have of at least getting the state to hear our case.


Thanks
G
 
  #144  
Old 03-08-2011, 03:06 PM
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Strange update

OK.. So here is a new one for you all. Ugh!

My insurance agent is working on getting the truck flipped over to commercial tags to avoid the problem. However when I went to get the truck inspected. I was passed with no issues (except I had a brake light out) yet was charged full commercial rate for inspection. I asked him how he could do that with passenger plates and was told that the size of the truck according to the registry requires a commercial inspection.

SO. I decided to stir the fecal matter a little. I called the registry. Spoke to 4 different people (Called 4 times) and GET THIS. I was told by 2 of the 4 that it did NOT need commercial tags because it was used as a recreational vehicle.


I know that someone in the registry is screwed up. but MAN no wonder people are confused.



G
 
  #145  
Old 03-08-2011, 03:16 PM
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Originally Posted by glennemay
OK.. So here is a new one for you all. Ugh!

My insurance agent is working on getting the truck flipped over to commercial tags to avoid the problem. However when I went to get the truck inspected. I was passed with no issues (except I had a brake light out) yet was charged full commercial rate for inspection. I asked him how he could do that with passenger plates and was told that the size of the truck according to the registry requires a commercial inspection.

SO. I decided to stir the fecal matter a little. I called the registry. Spoke to 4 different people (Called 4 times) and GET THIS. I was told by 2 of the 4 that it did NOT need commercial tags because it was used as a recreational vehicle.


I know that someone in the registry is screwed up. but MAN no wonder people are confused.



G
IT'S NOT THE PEOPLE BUT THE GOVERNMENT CANT FIND IT'S BUTT WITH 6 HANDS !!
 
  #146  
Old 03-08-2011, 04:32 PM
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Originally Posted by glennemay
OK.. So here is a new one for you all. Ugh!

My insurance agent is working on getting the truck flipped over to commercial tags to avoid the problem. However when I went to get the truck inspected. I was passed with no issues (except I had a brake light out) yet was charged full commercial rate for inspection. I asked him how he could do that with passenger plates and was told that the size of the truck according to the registry requires a commercial inspection.

SO. I decided to stir the fecal matter a little. I called the registry. Spoke to 4 different people (Called 4 times) and GET THIS. I was told by 2 of the 4 that it did NOT need commercial tags because it was used as a recreational vehicle.


I know that someone in the registry is screwed up. but MAN no wonder people are confused.



G
I'm laughing because this is exactly the same experience other people have had also. I made several calls myself and got different answers. In general though, if you send them a formal request, they answer back that 6 wheels on the ground means commercial. I often feel like responding "Is that your final answer?"
 
  #147  
Old 03-16-2011, 11:44 AM
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I just went through this whole mess buying an 08 F350 SRW with a GVWR of 11k. I was buying the truck several hours away when I found out my insurance from my previous 1/2 ton wouldn't cover the truck, said I needed commercial insurance due to the GVWR. So I used an insurance out by the dealer who also told me same thing, I just wanted to be able to drive the truck home so I said fine, go with it. Then the dealer did the same thing with the plates, giving me commercial no matter what I said. Now I have it all straightened out.

Look up 540 CMR 2.05, it is an RMV document. This gives the definitions of types of motor vehicles. Basically a SRW can be a passenger vehicle no matter it's GVWR. Anything with 5 or more tires is commercial. I confirmed this with the RMV's legal department.

BTW, 540 CMR 4.00 details commercial inspections.
 
  #148  
Old 03-16-2011, 04:32 PM
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Not true the new 2009 regs make any truck over 10K GVW weather SRW or DRW must have COM plates they Can have personal insurance but must have com plates. I too had the multi answers by multi people at the reg so i asked my insurance agent to see it in writing she handed me the regs...

As for the inspection cost station are allowed to charge what ever they want for COM inspection as the rule is $29 plus a reasonable hourly fee.
I had mine done at the dealer while having my 15k service and oil change they still nailed me $74 for the inspection....but it was cheaper then the guy down the street who wanted $125 min....WTF its a 2010 with 14k on it...
 
  #149  
Old 03-17-2011, 07:03 AM
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Originally Posted by 44dwarf
Not true the new 2009 regs make any truck over 10K GVW weather SRW or DRW must have COM plates they Can have personal insurance but must have com plates. I too had the multi answers by multi people at the reg so i asked my insurance agent to see it in writing she handed me the regs...
Insurance companies can have a different policy that does not conform to the MA DOT regulations. Look up the two regulations I quoted earlier. The new commercial regulations (540 CMR 4.00) states in the first paragraph of the definition of a commercial vehicle: "

Commercial Motor Vehicle shall mean any motor vehicle which is not a private passenger motor vehicle, antique motor car, motorcycle, auto home, house trailer, taxicab, ambulance, hearse, livery vehicle, or school pupil transport vehicle. A commercial motor vehicle shall include the following vehicles: "

The key phrase is "which is not a private passenger motor vehicle". So you go to 540 CMR 2.05 for the definition of a private passenger motor vehicle, which is:

"Private Passenger Motor Vehicle, is any vehicle:
(a) which has a vehicle weight rating or curb weight of six thousand pounds or less as per manufacturer's description of said vehicle or is a sport utility vehicle or passenger van; or which is a pickup truck or cargo van of the 1/2 TON, 3/4 TON or 1 TON class as per manufacturer's description of said vehicle; or which is a vehicle used solely for official business by any college or university police department whose officers are appointed as special police officers by the colonel of the state police under M.G.L. c. 22C, § 63; and,
(b) which, if a pickup truck or cargo van, is registered or leased to an individual, and is used exclusively for personal, recreational, or commuting purposes; and,
(c) which is not described in elsewhere in 540 CMR 2.05. "

Sections b and c apply to us. The only other part of 2.05 that we are concerned with is the commercial vehicle definitions, which are:

"Commercial Vehicle, is any motor vehicle which is not a private passenger motor vehicle, antique motor car, motorcycle, trailer, semi-trailer, auto home, house trailer, taxicab, ambulance, hearse, livery vehicle, bus, school bus, or school pupil transport vehicle, including the following:
(a) Any vehicle which has a vehicle weight, or curb weight, of more than six thousand pounds, as per the manufacturer's description of said vehicle, unless such vehicle is a sport utility vehicle or passenger van, or a pickup truck or cargo van meeting the definition of private passenger vehicle;
(b) Any vehicle which has five or more wheels on the ground;
(c) Any pickup truck or cargo van, owned by a partnership, trust or corporation unless such vehicle meets the definition of private passenger motor vehicle;
(d) Any pickup truck or cargo van, if on the bed of the vehicle tools, supplies, materials or equipment are transported to or from a job site, or are stored for use at a job site, provided that transportation to or storage for use at a personal project for which no compensation is received shall not be considered in connection with a "job site";
(e) Any vehicle, if on the roof or sides of the vehicle, tools, supplies, materials or equipment are transported to or from a job site, or are stored for use at a job site, provided that transportation to or storage for use at a personal project for which no compensation is received shall not be deemed in connection with a "job site";
(f) A vehicle which has business advertisements or business markings thereon; provided however that markings limited to the name, address, telephone number, and logo of any corporation whose personal property is exempt from taxation under M.G.L. c. 59, § 5, Clause Third or Tenth shall not be considered business advertisements or business markings for purposes of 540 CMR 2.05;
(g) A vehicle used for hire to plow;
(h) A vehicle used for hire to transport or store goods, wares or merchandise, provided that if the vehicle is owned by an individual, has a maximum load carrying capacity of 1,000 pounds or less, and is so used on only a part-time basis, such vehicle shall not be deemed a commercial vehicle under 540 CMR 2.05(3)- commercial vehicle(h). "Part-time basis" shall mean that not more than 40% of the total usage of the vehicle is devoted to the transporting or storing of goods, wares or merchandise.
(i) A vehicle used to transport or store goods, wares or merchandise intended for sale in the ordinary course of the vehicle operator's or owner's business, provided that if the vehicle is owned by an individual, has a maximum load carrying capacity of 1,000 pounds or less, and is so used on only a part-time basis, such vehicle shall not be deemed a commercial vehicle under 540 CMR 2.05(3) commercial vehicle(i). "Part-time basis" shall mean that not more than 40% of the total usage of the vehicle is devoted to the transporting or storing of goods, wares or merchandise."

Nothing here states 10k lb GVWR, therefore a SRW can be a passenger vehicle since it's GVWR is not a limiting factor. Part b of the commercial description from 2.05 does limit the number of tires to 4 max, so DRW must be commercial plates.
 
  #150  
Old 03-18-2011, 07:27 PM
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Some Good News

Hello Everyone,

I have some good news. I just found out that our strong supporter Senator Moore has filed bill #S1772 that specifically addresses a clarification in the regulations for DRW pickups as described below. On January 24, S1772 was assigned to the Joint Committee on transportation. The Senator's Director of Constituent Relations Sean Riley has advised me that "The Committee has until next spring to host a public hearing on the bill though it is likely that it will be heard within the upcoming months. Following the hearing, the Committee can either vote that the bill “ought to pass,” “ought not to pass,” or that it be placed into a study order. The bill may also be referred to another legislative committee for further review. "

Sean advises that it would help in advocating for the bill if we would write letters and make phone calls to our respective Representative or Senator as well as the Chairs of the Joint Committee on Transportation. To find out who your legislators are, visit www.wheredoivotema.com where you can type in your address and find out who represents your area. The members of the Joint Committee on Transportation can be viewed by clicking Joint Committee on Transportation.

If you PM me, I can email you a Q&A fact sheet that you can review to make your own decision about whether to support this ammendment. I think that although it does not resolve the entire 10K GVW debate, it does make it much easier to argue that a SRW wheel pickup should also qualify for the commercial exemption if a DRW does.

I am very pleased to have this support and I hope this can make it through committee!

SECTION 1. Section 1 of chapter 90 of the general laws, as appearing in the 2008 Official Edition, is hereby amended, by inserting after the definition of "Bus or Motorbus," the following definition:

"Commercial Motor Vehicle," shall mean any motor vehicle which is not a private passenger motor vehicle, antique motor car, motorcycle, auto home, house trailer, taxicab, ambulance, hearse, livery vehicle, or school pupil transport vehicle. A commercial motor vehicle shall include the following vehicles:

(a) The vehicle has a gross vehicle weight rating or gross combination weight rating of 10,001 or more pounds; or

(b) The vehicle is designed to transport more than 15 passengers, including the driver; or

(c) The vehicle is used in the transportation of hazardous materials in a quantity requiring placarding in accordance with the Hazardous Materials Regulations of the United States Department of Transportation. Any commercial motor vehicle that singularly has a gross vehicle weight rating of 10,001 pounds or less and is designed to meet emissions standards, shall be submitted for an emissions inspection in addition to all applicable safety inspection requirements; or

(d) A single, full or semi-trailer, used in commerce, with a manufacturer's gross vehicle weight rating over 3,000 lbs; or

(e) Any vehicle which has a vehicle weight, or curb weight, of more than six thousand pounds, as per the manufacturer's description of said vehicle, unless such vehicle is a sport utility vehicle or passenger van, or a pickup truck or cargo van meeting the definition of private passenger vehicle; or

(f) Any vehicle which has five or more wheels on the ground.

Notwithstanding the aforementioned vehicles, a dual rear wheel pick-up truck registered by an individual other than a business, and not used for commercial purposes, shall not be classified as a commercial vehicle for purposes of registration. <!--end billText-->

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