Driveaway/Towaway (DATA) Operations
| Entry Date | August 7, 2008 |
|---|---|
| Issue Number | 08-035-VEH |
| Name | Rex Railsback |
| Agency | Kansas Highway Patrol |
| Address | 1220 S. EnterpriseOlathe, KS, 66061United StatesMap It (opens in a new tab) |
| Phone | (785) 256-5046 |
| [email protected] | |
| Committee | Vehicle Committee |
| Status | Closed |
| Summary of Issue | In 2005, FMCSA "clarified" the definition of "Driveaway/Towaway" (DATA) From: "Driveaway-towaway operation means any operation in which a motor vehicle constitutes the commodity being transported and one or more set of wheels of the motor vehicle being transported are on the surface of the roadway during transportation." To: "Driveaway-towaway operation means an operation in which an empty or unladen motor vehicle with one or more sets of wheels on the surface of the roadway is being transported: " With the new wording of "empty or unladen" added to the definition, several common DATA operations (see photos) no longer meet the definition and thus would not get the exceptions for such throughout the regulations. This also appears to place 393.42 and 393.71 into conflict with 390.5 and the definition for DATA. |
| Justification or Need | Clarification. |
| Request for Action | Clarification and or exceptions for "back haul" transport vehicles from FMCSA as seen in the photos. Also, FMCSA needs to allow "undamaged" vehicles to be towed from a maintenance facility and or yard, to the damaged vehicles location for swap out. |