Defendant\u2019s tractor trailer was subject to commercial vehicle inspection even though he claimed he was on a personal private trip and should be considered unregulated. United States v. Arlett, 2013 U.S. Dist. LEXIS 119768 (D. Kan. August 23, 2013):<\/p>\n
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This motion concerns a vehicle that Defendant maintains was not within the regulatory framework, because he maintains the vehicle was a noncommercial vehicle that he used for private, not commercial, trips. The Court rejects this argument for two reasons. First, Defendant relies on Kansas Administrative Regulation 82-4-3, titled “Exemption from the motor carrier safety regulations,” which states that, “[t]he [Kansas] safety regulations and the federal safety regulations adopted by reference in this article shall not apply to … [t]he occasional transportation of personal property by private motor carriers that is not for compensation and is not in the furtherance of a commercial enterprise,” and the federal regulations, which contain an identical exemption. But Defendant was transporting personal property in furtherance of a commercial enterprise; by his own testimony, he was retrieving conduit from New Mexico for use on his later cable installation contracts. Transportation of these supplies was, therefore, in furtherance of a commercial enterprise, and thus Defendant did not qualify for this exemption.<\/p>\n
Second, even if Defendant did qualify for the exemption, under the Kansas commercial motor vehicle statutes and regulations, the private motor carrier safety exemption does not exempt a vehicle from random stops for commercial motor vehicle code enforcement. ….<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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