The short answer:
Cargo vans don't have to scale in Michigan.
The long, gory details answer:
In Michigan, the 5,000 pounds thing isn't about scaling, it's about requiring any commercial vehicle over 5000 GVW to have the DOT numbers and carrier name and city displayed on the side door of the vehicle.
For vehicles licensed in Michigan, and used for intrastate transportation...
"All commercial vehicles with a single or combination gross weight rating or total gross weight of more than 5,000 lbs., and all towing or platform bed wreckers, must have the name, city and state or registered logo or emblem of the registered owner of the vehicle, and lessee of the vehicle if it is being operated under lease, painted or permanently attached on each side of the vehicle, with letters not less than three inches in height and not lower than the bottom edge of the door."
Again, that's only for intrastate commercial vehicles that operate within the borders of Michigan. But, that's even if for just one load, tho, so if you're from out of state and you pickup in Michigan, and then deliver in Michigan, the DOT Lettering applies for all vehicles of 5000 pounds.
Most of the weigh station confusion in Michigan comes from the conflicting definitions for a commercial motor vehicle, a commercial vehicle, and in some cases depending on if it is used in interstate (across state lines) and intrastate (pickup and deliver within Michigan) transportation.
Michigan Vehicle Code 7a, in part, defines a commercial vehicle as, "a motor vehicle, having a gross vehicle weight rating of 26,000 pounds or
less..."
and "used to carry hazardous materials in amounts requiring a placard."
That's the requirement for a "Group C" CDL in Michigan. Which, of course, conflicts with the more restrictive federal definition of 10,001 pounds or more. Meaning, unless you haul HAZMAT (or more than 16 passengers for free or more than 9 for compensation), you can have a truck that weighs in at 25,000 pounds, and as long as you don't cross the state lines, you aren't even required to have a CDL.
However, if your vehicle weighs more than 10,000 pounds, then you are required to have a Chauffeur's license. If you have a vehicle that weighs 26,001 or more, you first have to get your chauffeur's license, and then you apply and test to get your CDL, which is retarded, and groups are working to get that changed. In some cases, you can have your CDL and if you don't also have your chauffeur's' license you can get a ticket. Applies to Michigan residents, only, of course.
As far as scaling is concerned, basically, cargo vans do not have to scale in Michigan. The confusion comes from the definitions of, and the language used in, the definitions of a
commercial vehicle and a
commercial motor vehicle and in which is required to enter the scales.
A
Commercial Vehicle is simply:
"All motor vehicles used for the transportation of passengers for hire, or constructed or used for transportation of goods, wares or merchandise, and/or all motor vehicles designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn."
(This is the same as the Kaintuckee version of, 'if you are doing commerce out of your van, then you're a commercial vehicle' kinda thing.
)
OK, so, cargo vans, as well as floral delivery vans, are considered commercial vehicles in Michigan. Got it.
For the
Commercial Motor Vehicle definition (note the "Motor" in there), the State of Michigan uses same exact definition as the FMSCR 390.5 uses, which, for cargo vans, is a GVW of less-than 10,001 pounds, or carrying placardable HAZMAT. Simple.
So, who, exactly, has to enter the Michigan scales?
MVC 257.724(5)
"A driver or owner of a commercial vehicle with other vehicles or trailers in combination, a truck or truck tractor, a truck or truck tractor with other vehicles in combination, or any special mobile equipment, who fails to stop at or bypasses any scales or weighing station is guilty of a misdemeanor."
Okay, the key component with respect to cargo vans is "a commercial vehicle with other vehicles or trailers in combination..." The use of the term "commercial vehicle" would include cargo vans, but it is further qualified to include
only those commercial verhicles that are in combination with other vehicles or trailers, which excludes cargo vans.
A good resource for you Michiganders is
http://www.truckingsafety.org/
Others may find it of some benefit, as well. The FAQ and especially the GUIDEBOOK sections should be helpful to most anyone. The Guidebook has all the definitions and pertinent information, as well as a lot of valuable phone numbers.
I got a lot of my information from there, as well as from
http://www.legislature.mi.gov
Either under Laws, or under Chapter Index, or one of the searches. I find it useful to look up the actual citation, for any amendmenets, when something is referenced on some Web site that may or may not be current or accurate.
