Helping A Friend

Topic 23517 | Page 2

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Grumpy Old Man's Comment
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...You might drive from ME to CA, to FL, to IL, to ME again....

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And as long as you don't stay too long at any one time, you never established a "residence" (which is defined a couple different ways depending on state), you wont trigger the need to register. There is an exception to this, but it depends on the state's definition of "residence." A few states consider your mere presence there as residence after so many days. But by and large, most states allow you quite a few days of "visiting" the state during a calendar year before you trigger the need to register. And if you're driving through the state, its a non-issue.

For example, in ME, you'd have to spend time "living, dwelling, or residing" for 14 continuous days, or 30 aggregate days within a period of 1 year before you'd trigger the requirement to register, in which case, depending on the date of conviction, you'd have 3 or 5 days to register. Most of the states are similar in their language, trying to define "residence," and that's the key issue. Does you dropping/hooking a trailer count as establishing residence in the state? Does it count as "working" in the state? It's not a simple yes or no, and often depends on which government official may be interpreting the statute. Ultimately it also depends on the ability to enforce the rule, i.e., proof you've overstayed your welcome.

But the idea that they have to register or notify every time they leave their home state, is incorrect and the main point I wanted to offer clarity on. I think every RSO knows they are fighting an uphill battle when it comes to getting a decent job (but not insurmountable, thankfully).

best regards

Sorry, I read the initial question as BEING out of state for more than 3 days.

Rainy D.'s Comment
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According to NJs website, to stay in compliance with NJs rules you must register in each state you work in or attend school in. Even if you still reside in NJ.

It also says if you move to NJ you must notify them after 10 days, but as i read it, if you are a NJ resident working out of state for any length of time without changing residence, you must report. so all states will have different rules.

I dont know if you can register in every state simultaneously which could eliminate the issue. Plus the ELD would allow tracking if that is the states concern.

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Joshua V.'s Comment
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According to NJs website, to stay in compliance with NJs rules you must register in each state you work in or attend school in. Even if you still reside in NJ.

This is true, but misunderstood. Most states, if not all, say the same thing on this point. Say for example, you're a warehouse worker and you live in NJ, but because you're so close to a neighboring state, you actually work out of state. You'd have to register in both places, because by working there, you've established "residence," even though it's not your actual (primary) residence. But as a truck driver, you may never establish residence, since you're not staying anywhere long enough to trigger the registration requirement, and you technically don't work for any entity in that state.

I am not a driver, so please correct me if I'm mistaken, but if you live in NJ, but hire on as a company driver with a company based out of AZ, are you not an employee therefore of the AZ company? You would need to register in AZ and NJ, and you would only trigger the need to register in any other state if you established "residence" (temporary or permanent) which for most states is quite a few days.

There is more to this, and I've exhausted what I know on the issue, but hopefully the main takeaway is that we can avoid the misconception that RSO's must report every movement they make. It's incorrect, and it allows for a continued misconception about the majority of people who must register, even if inadvertently.

That's not to say however, that there still aren't issues to deal with. For example, it is not possible to register in multiple states at once, because most states require a meet and greet at the local county sheriff's office :) (have to appear in person to register).

Cheers

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