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  1. #1
    Quote Originally Posted by David Merrill View Post
    How can this be done without imitating or impersonating a federal or state employee?
    #1 for MAILING ADDRESS one can put private in front among other things. Instead of PO Box one can put "private box ####". Family trust does not have any SSN or an EIN.

    #2 put stickers on the bumper that read "PRIVATE" or "NOT FOR HIRE" ..put it on the tag even or on the USDOT decal..depending on how you do it

    #3 One can send memorandum of law or the like indicating your reservation of rights or the like, your intent so as the clarify. Keep the 'application' form and related documents on hand. Or at least copies thereof.

    There is a drop-down on the online USDOT application for UNKNOWN STATE..not sure of the usefulness of that selection.

    #4 Interstate selection only removes it from being intrastate. No 'State employee' relationship ..its interstate.

    #5 "near" before CITY, STATE is to remove 'resident of city' presumption.

    A division of a private family trust that I oversee has a USDOT # with a not domestic PO Box and a fax # --no other contact info.
    Should read private box not PO Box. There is such a thing as a "private box" or a "private bag". Private != resident (public office holder). Not domestic = not U.S./Metro Federal/state employees are neither private nor non-domestic. 'near' City, State is to remove the presumption under a city-residence contract.

    Example:

    private 40 Baker Lane
    near Chicago, Illinois not domestic

    private box 9493
    near Chicago, Illinois [12345-9493]

    One can ask about the +4 numbering for the private box.

    General post office is also an option.
    Last edited by allodial; 08-28-11 at 06:06 PM.
    All rights reserved. Without prejudice. No liability assumed. No value assured.

    "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius
    "It is the glory of God to conceal a thing: but the honour of kings is to search out a matter." Proverbs 25:2
    Prove all things; hold fast that which is good. Thess. 5:21.

  2. #2
    Anthony Joseph
    Guest
    I actually obtained a US DOT# and held it for a year or so while I contemplated about transitioning over. I received a notice that without the mandatory inspection, the # would be cancelled. I told them there is nothing to inspect since I believe I entered any vehicles as "leased" when needed. I don't remember exactly what was said on the phone but it ended with the US DOT# being cancelled.

    Any thoughts on that?

  3. #3
    Quote Originally Posted by Anthony Joseph View Post
    I actually obtained a US DOT# and held it for a year or so while I contemplated about transitioning over. I received a notice that without the mandatory inspection, the # would be cancelled. I told them there is nothing to inspect since I believe I entered any vehicles as "leased" when needed. I don't remember exactly what was said on the phone but it ended with the US DOT# being cancelled.

    Any thoughts on that?
    If you went for the "Household Goods Methodology" that is probably why they are asking. The only kind of cargo should be: OTHER: NO CARGO. If you are transporting cosmetics, toiletries...no surprise they want an inspection. As attorney-in-fact for the trust I have yet to receive ANY information asking for an inspection just information about basic programs and the alcohol awareness training which due to status they immediately acknowledged that it was not required training.

    Goods and personal property are two different things. Goods are in stores. "Personal property" is "your stuff" better yet, "private possessions".

    Also the family trust isn't a motor carrier just acting AS IF a carrier for the purposes of aiding easy friend-foe-neutral identification while in transit.

    RE: NAME
    For the name of the "motor carrier" one can enter "John Henry, as Motor Carrier" to limit the scope of usage of the name to that specific role (from general to special). One can utilize name of a family trust. One could even put "John Henry, as Motor Carrier" for name and put the John Henry Doe for the 'trade name'. I prefer the house estate or family trust method. For the signature/role/office: Attorney-In-Fact, Agent, Authorized Representative are all sufficient.

    Consider:

    John Henry as Attorney-In-Fact for John Henry, as Motor Carrier d/b/a JOHN HENRY DOE.
    John Henry, as Attorney-In-Fact for JOHN HENRY DOE, AS MOTOR CARRIER.

    If you're using the SSA/EIN entity as an intermediary (its a trust or an estate in case you didn't know), that's fair enough. You could put John Henry, as Motor Carrier in field #1 and JOHN HENRY DOE in field #2. However, I'd enter "not domestic" and "private" into the address fields. You can also do change of address with the SSA and also with the IRS and also with the State DMV. Key is be thorough not half-on-half-off. But again your situation may be different from mine. I am wholly without any State ID, Driver License or SSN whatsoever.

    "Goods" means all things which are moveable at the time of the sale or at the time the buyer takes possession, including goods not in existence at the time the transaction is entered into and goods which are furnished or used at the time of sale or subsequently in modernization, rehabilitation, repair, alteration, improvement or construction on real property so as to become a part thereof whether or not they are severable therefrom. "Goods" also includes merchandise certificates.(North Carolina General Assembly)
    Last edited by allodial; 08-29-11 at 03:23 PM.
    All rights reserved. Without prejudice. No liability assumed. No value assured.

    "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius
    "It is the glory of God to conceal a thing: but the honour of kings is to search out a matter." Proverbs 25:2
    Prove all things; hold fast that which is good. Thess. 5:21.

  4. #4
    JohnnyCash
    Guest

    LET'S MAKE A DEAL transcript

    In this particular court every defendant is brought to a table in a small room with a "LET's MAKE A DEAL" prosecutor.

    1 Prosecutor: "Legal Name"?
    2 Defendant: My name is True Name.
    3 P: Excuse me?
    4 D: My name is True Name.
    5 P: This isn't you? "N-A-M-E"?
    6 D: I go by True Name.
    7 P: Is this you though?
    8 D: I'm here by restricted appearance, to prevent fraud on the court. Is the court aware that all presentments were refused for cause timely?
    9 P: I dunno what you're talking about.
    10 D: Right there [pointing to file], refused for cause.
    11 P: I don't even care about that, is this you? I need to know, if it's not you we gotta get the f.. OK well step outside then .. we gotta get the file. So what's your name?
    12 D: True Name.
    13 P: True Name?
    14 D: The ticket was handed to me.
    15 P: is, is this you, were you the person stopped on ..
    16 D: yes
    17 P: Route 66 January 7th in the town of X?
    18 D: yes
    19 P: by a XX state police officer
    20 D: yes
    21 P: ok. So what do you want, a hearing before a magistrate? Is that what you're looking for?
    22 D: I want it dismissed ..
    23 P: I'm not dismissing it. But if you want a hearing before a magistrate ..
    24 D: I did not identify myself as "LEGAL NAME" on January 7th
    25 P: you said you were somebody else?
    26 D: I said: "I'm showing you this license for competency not for identification."
    27 P: for what?
    28 D: Competency. Competency to drive.
    29 P: I don't understand what you're talking about.
    30 P: So let's have a hearing before the magistrate, ok
    31 D: ok
    32 P: That's not gonna be today. You gotta come back on ... May 4th ok? You got any .. proof, bring it in, witnesses
    33 D: thank you
    34 P: we'll see ya.

  5. #5
    JohnnyCash
    Guest

    Let's make a deal

    As followup to post #173, the date for our defendants "hearing with magistrate" arrived. Well aware business appearance may have previously been perfected he went ahead anyway. He was again shuttled into a one-on-one with the State's Attorney. Brief discussion where defendant stated he wanted it dismissed, attorney said he wasn't dismissing it, then admitted he couldn't dismiss it, didn't have the authority, etc. He was made to wait, probably while the citing officer & magistrate were readied, and they went ahead with a little show trial. Defendant raised several points but magistrate found no merit in any and decided in State's favor.

    Anyway, defendant is now that much the wiser and the event provided the impetus for defendant to file a full evidence repository. While he may have lost a skirmish, he's confident the war is won.
    Last edited by JohnnyCash; 05-07-12 at 04:05 AM.

  6. #6
    So, what ended up happening?

  7. #7
    JohnnyCash
    Guest
    Defendant was convicted, paid the $140 fine, and rolled on down the road. I do have another suitor anecdote to relate though...


    At the beginning of this year I managed to get 3 tickets - one each month for the first 3 months. January was for speeding & lane violation by town cop, second for speeding by State Patrol, and third (March) for lane viol. by State Patrol. Wasn't trying to get them but it could be related to the combination of sports car, Dr. Pepper, and loud rock 'n roll (unconfirmed theory). This offered a chance to apply some of what I've learned here at Planet Merrill. Not to keep you waiting though, I lost 2 and won one. 1 for 3. Now for the details.

    FIRST. Told the town cop I was not showing the DL for identification. He must have found my words unusual because he then questioned my well-being. He must've doubted his own ability to make that determination as he radioed nearby EMT personnel to come & question me. They apparently found me sane enough, and the cop having conferred with another who arrived continued the questioning (like how I was known to others) & finally handed me a citation which I later timely R4C'd back to his boss with a copy to my court & evidence repository.

    SECOND. Here again I tried not to identify with the fictional IT, the LEGAL NAME trust on the DL. But thinking back on it later, I failed when the officer asked if the car was registered in my name and I answered "yes." I R4C'd the citation timely back to his boss with a copy to my court & evidence repository.

    THIRD. This stop was short, very little was said, and the officer had no objection to it. I R4C'd the citation timely back to his boss with a copy to my court & evidence repository.

    Subsequently I received notice that the driver was convicted on 1 & 2 and must pay fines to avoid suspension. I paid the fines and the DMV also notified that driver must do safety training: http://i.imgur.com/3O7VG3U.jpg
    On all notices there was nothing listed under "Court" heading.

    Also of note, the State Patrol legal returned my original R4C citations 2 & 3 with a cover letter: http://i.imgur.com/za7xW3i.jpg
    I did not appeal or do the payment option as directed; I ignored them. I never heard another word about citation #3 or paid its fine. That was my win. Hoorah for R4C!

    Those are the facts and here is my take. It seems I'm too quick and ready to supply answers. If you're in this situation and later realize you may have answered wrong ... then consider appealing the citation and filing an affidavit of truth into the case. I've done that before and won (found "not responsible" when no prosecution showed). I should also say on citation #1 I forgot to R4C the back of the ticket (the instructions); could've been pivotal.

  8. #8
    Quote Originally Posted by Anthony Joseph View Post
    I actually obtained a US DOT# and held it for a year or so while I contemplated about transitioning over. I received a notice that without the mandatory inspection, the # would be cancelled. I told them there is nothing to inspect since I believe I entered any vehicles as "leased" when needed. I don't remember exactly what was said on the phone but it ended with the US DOT# being cancelled.

    Any thoughts on that?
    The Mandatory Compliance notice stuff I've come across appears to be spam from someone selling 'compliance training'.
    All rights reserved. Without prejudice. No liability assumed. No value assured.

    "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius
    "It is the glory of God to conceal a thing: but the honour of kings is to search out a matter." Proverbs 25:2
    Prove all things; hold fast that which is good. Thess. 5:21.

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