Definition of commercial vehicle?

evo

Well-Known Member
Location
My Island, WA
My neighbor is encroaching upon my private road easement. They are building a wood shed well within the boundary next to the rd on a 90 degree corner.
I caught it before they hardly did any work, and politely asked them to push it back a few feet.
Eventually they agreed but when I mentioned the bylaws of keeping the easement clear, they snapped back complaining about all the crazy amount of road traffic since I moved in. They also mentioned “commercial vehicles” are against the bylaws. From my memory which I read the bylaws recently the only thing that mentions vehicles states “anything larger than a pickup truck, and equipment needs to be kept under a cover or garaged”.
I’m going to reread the bylaws but it seems to be splitting hairs that a Isuzu FRR chip truck two feet longer than my f250 is a “commercial” truck. My impression is that a commercial truck is anything that requires a CDL, to drive. Which mine is 19,500k,
 

Reach

Well-Known Member
Location
Atglen, PA
In PA, a commercial vehicle is any vehicle used for financial gain of any sort. That makes the pizza guy’s car commercial, as well as the pickup pulling a horse trailer to a show if there is money to be won at the show. The horse people have been having a cow over that ruling, now they all have to run DOT numbers on their trucks, and they have to actually learn how to drive them!
 

evo

Well-Known Member
Location
My Island, WA
In PA, a commercial vehicle is any vehicle used for financial gain of any sort. That makes the pizza guy’s car commercial, as well as the pickup pulling a horse trailer to a show if there is money to be won at the show. The horse people have been having a cow over that ruling, now they all have to run DOT numbers on their trucks, and they have to actually learn how to drive them!
I have to look in my files for the title, but I think the truck is registered in my name and not the business. I do have DOT numbers on it, and upon reviewing the bylaws written in 1980 once again, the only mention of "commercial truck" states that it must be parked in a garage. These neighbors are passive aggressive as shit. This is all over me asking them to please move their wood pile back from the outside corner of a sharp 90 degree turn back a few feet. Historically the have had a wood stack here, and they decided to double the foot print of it. I managed to see what was up before they had any wood on it or any real work done..
Now I know the road easement is double what either of us thought it was, and they are not allowed to have any building, structure, outbuilding or appurtenance within 20' of property lines or easements.
This is all new to me, and I'm dumbfounded as all I asked for is them to move the edge of the pallet which was 2' from the edge of the road back another 3 feet.
 

Gorman

Well-Known Member
Location
Rhode Island
This is how the shit starts. If I were you I would start looking for other places to put your vehicles as a contingency. A guy one town over from me had the same issue with a neighbor and the right of way they shared. He had to relocate his equipment because his neighbor was a cunt.

I’m not saying this will happen but it would be good to have something on deck.
 

Reach

Well-Known Member
Location
Atglen, PA
I have to look in my files for the title, but I think the truck is registered in my name and not the business. I do have DOT numbers on it, and upon reviewing the bylaws written in 1980 once again, the only mention of "commercial truck" states that it must be parked in a garage. These neighbors are passive aggressive as shit. This is all over me asking them to please move their wood pile back from the outside corner of a sharp 90 degree turn back a few feet. Historically the have had a wood stack here, and they decided to double the foot print of it. I managed to see what was up before they had any wood on it or any real work done..
Now I know the road easement is double what either of us thought it was, and they are not allowed to have any building, structure, outbuilding or appurtenance within 20' of property lines or easements.
This is all new to me, and I'm dumbfounded as all I asked for is them to move the edge of the pallet which was 2' from the edge of the road back another 3 feet.
Here in PA, the name on the title doesn’t matter, only what you do with the vehicle. Its ridiculous what your neighbors are doing, but unfortunately they may have some legal standing if they want to use it. However, you may also if their woodpile and other things are in the easement. Maybe you can come to a peaceful tolerance of each other based on your not complaining about each other’s noncompliance.
 

Birdyman88

Well-Known Member
Location
Arlington
It doesn't sound like you asked for anything unreasonable. I'd find every little thing I could report them for and let them know that you know these things. Then express that you don't want to get into a war over some silly bullshit, but you will be happy to oblige. Have a crazy look in your eyes and look like you just came down off a meth trip when you talk to them. Wear some MAGA gear. Fuck 'em, play dirty.
 

Edi

Member
Location
Illinois
That is more like village ordinance around here some villages don't allow to park your own vehicle on your driveway if this has a business lettering on it.
 

Tom Dunlap

Here from the beginning
Administrator
Some cities decide to update or enforce business/residential issues. The attention starts with issues like this then ripples out when legal definitions are considered

Minneapolis started this and soon realized that Mary Kay pink-mobiles are just as commercial as a real estate agent. Now, with so much work at home and home officing it can be a challenge

there are some really good conciliatory recommendations in this thread

Be sure to record every discussion you have with anyone. Consider this a situation like an episode of Law and Order. I think that you’re at about the first full commercial break, ten minutes in
 

ATH

Well-Known Member
Location
Ohio
In PA, a commercial vehicle is any vehicle used for financial gain of any sort. That makes the pizza guy’s car commercial, as well as the pickup pulling a horse trailer to a show if there is money to be won at the show. The horse people have been having a cow over that ruling, now they all have to run DOT numbers on their trucks, and they have to actually learn how to drive them!
So you need DOT numbers on everything? Do you need to put "not for hire" on it as well if you are not a commercial carrier? Always thought that was a bad rule because 90% of population doesn't know what that means so they'd see my logo and "not for hire" just below that. Fortunately we don't need DOT numbers on any of our current vehicles...
 

climbingmonkey24

Well-Known Member
Location
Ludlow
Let me take a hold on the laws for a minute and just chime in with my experience of having commercial trucks and equipment on my property in a neighborhood where houses are fairly close together.

You gotta be careful when storing equipment at your house with neighbors. A good relationship with them goes a long way. Pick and choose your battles, and be especially careful if you are asking them to do something for your benefit because if you have equipment on your property and say or do something that irritates them they could stir up trouble.

I used to work in towing and recovery and had a flatbed tow truck in my driveway everyday, 7 days a week. Like I’m talking about everyone who drives by can clearly see it. It stands out a mile. But I have a good relationship with my neighbors and nobody said anything. I don’t work in towing and recovery anymore but I do have my tree equipment at my house. However if I didn’t have a good relationship with them, they could easily make trouble for me.

There’s another guy on my street who stores a tractor trailer at his house (just the cab). That raised some issues at the beginning because people were concerned about the weight on the street but he’s been doing it for years.

Again, a lot of it I think comes down to your relationship with the neighbors and staying in their good graces.

Even if what you asked for was completely reasonable, you have to remember everyone reacts to things differently. Think about how your neighbors are, and if maybe you need to approach it with them differently just for the sake of keeping the peace because how they may interpret what you’re saying.

Just sharing some thoughts from my personal experience. Hope things work out for you.
 
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Jzack605

Well-Known Member
Location
Long island
Here in NY it’s any truck over 6k lb unless it’s a suburban style vehicle or you put a cap on the back (so dumb), has logos, DOT # or used for a business.
 

southsoundtree

Well-Known Member
Location
Olympia, WA
My 16,000 pound F-superduty (F450) has road tax/ gross weight. Somehow, Over 16,000 has to weigh at weigh stations.

If think your chip truck is commercial, legally, and commonsense-wise.

How much traffic do you generate?
 

Reach

Well-Known Member
Location
Atglen, PA
So you need DOT numbers on everything? Do you need to put "not for hire" on it as well if you are not a commercial carrier? Always thought that was a bad rule because 90% of population doesn't know what that means so they'd see my logo and "not for hire" just below that. Fortunately we don't need DOT numbers on any of our current vehicles...
PA says DOT numbers are required over 17k lbs to operate in state, and federal law says any vehicle or combination over 10k lbs crossing state lines has to have them. We do not have to put on “not for hire” in PA, although we are only a private carrier and not for hire. I’ve long been annoyed with that one as well, but around here it’s only necessary on RVs or truck tractors used only to pull RVs.
 

evo

Well-Known Member
Location
My Island, WA
My 16,000 pound F-superduty (F450) has road tax/ gross weight. Somehow, Over 16,000 has to weigh at weigh stations.

If think your chip truck is commercial, legally, and commonsense-wise.

How much traffic do you generate?
I have dot numbers on the chip truck. I only work 4 days a week, so once in and once out. I can’t see another house from anywhere on my property line, I pass three driveways and two houses (built near the road but set back about 50’ feet. All the parcels are divided up into 5 acre lots, so it’s literally road traffic only.
I checked the bu-laws and they contradict in two separate areas regarding commercial activity. I’m in the right in one and pushing the boundaries in the other.
 

evo

Well-Known Member
Location
My Island, WA
Ok so here is exactly what I’m working with.
We don’t have a garage as of yet. Once we do, I don’t see us violating the CCR’s at all. I’ve given these people chunks of figured wood, chips, and have chipped their brush.
We ‘met’ when they flagged me down, thinking I was a construction outfit building on the parcel between us. They mentioned that the easement is exclusive to my parcel and that no one else can use it. It is not exclusive after reading it, also it serves the community well.

Since the by-laws contradict itself I assume that as long as the property is not generating income by manufacturing or farming, or having customers/clients over etc I’m all good. It states construction equipment, commercial vehicles etc need to be housed in a garage.

the two pertinent sections are;

Article III section 6 in full
"Restrictions Against All Manufacturing and Commercial Enterprises. No manufacturing or commercial enterprises, or enterprise of any kind for profit, shall be maintained on, in front of, or in connection with any lot, nor shall such property in any way be used for other than strictly residential purposes."

Article III section 12 in full
"Trucks, Commercial Equipment, Trailers, Construction Equipment, and Boats. No trucks of any nature, except pickup trucks, shall be parked overnight except in an enclosed garage. No house trailer or any habitable motor vehicle of any nature shall be kept or stored on any lot except in an enclosed garage. No commercial vehicle or construction or like equipment shall be kept or stored on any lot except within an enclosed garage. A pleasure boat on its trailer may be parked or stored on any lot, but not between the lot line and the setback line."
 

evo

Well-Known Member
Location
My Island, WA
I should add, that currently there is 1 carpenter who works out of their home, a cabinet maker who has a shop, and now an Arborist. Our community is 9 lots our section of 7 lots are all serviced by one road that takes a y. The remainder 2 have their own.
 

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