"Exactly"...what is the law?

[jracer98]

Can't handle an extra $2000 surprise. I use an F350 and a 28 ft tag.

 

Debbie: I was just talking to Jack Sandefur, and he said that the Spreen bunch were pulled over in Katy, TX, and were given a ticket for not having a CDL license ($2000 fine). They were pulling their trailer with a one-ton truck (not a big rig). Here we go again - this time in Texas! I sure hope they can get out of this unjustified fine.

[jracer98]

another

[Comment From TiffanyTiffany: ] Debbie, same thing happen to the Greens on their way to Houston earlier this year I do believe! Not sure what the outcome was!

 

 

Can't handle an extra $2000 surprise. I use an F350 and a 28 ft tag.

 

Debbie: I was just talking to Jack Sandefur, and he said that the Spreen bunch were pulled over in Katy, TX, and were given a ticket for not having a CDL license ($2000 fine). They were pulling their trailer with a one-ton truck (not a big rig). Here we go again - this time in Texas! I sure hope they can get out of this unjustified fine.

[dancer52]

This is always on my mind...been thinking if it would just be better to get a cdl....but then..wouldnt I have to register my vehicle different?

[NowOnDirt]

Its the combination of the 2, if its over 26,001 #'s then you need a CDL. Most of all the trucks these days are 15 to 17k alone.

[Whitey741]

This is always on my mind...been thinking if it would just be better to get a cdl....but then..wouldnt I have to register my vehicle different?

Nope. Vehicle registration is the same. If you do get a ticket though, there is no provision for defensive driving. It will go on your insurance no matter what. You also can not renew your license by mail but have to wait in that insane line and deal with system. On the upside, you can always pick up work. Always a demand for CDL drivers

 

 

 

tmac54 Posted Today, 10:12 AM

Its the combination of the 2, if its over 26,001 #'s then you need a CDL. Most of all the trucks these days are 15 to 17k alone.

 

Yes and that is the Gross weight as tagged on the trailer and truck combined. No matter if you are hauling empty or full.

 

 

 

No I am not a cop........ but I did stay at a Holiday Inn express once. I'm just a guy with a CDL.

[1-Crew]

Classes of License:

 

The Federal standard requires States to issue a CDL to drivers according to the following license classifications:

 

Class A -- Any combination of vehicles with a GCWR of 26,001 or more pounds provided the GVWR of the vehicle(s) being towed is in excess of 10,000 pounds.

 

Class B -- Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing a vehicle not in excess of 10,000 pounds GVWR.

 

Class C -- Any single vehicle, or combination of vehicles, that does not meet the definition of Class A or Class B, but is either designed to transport 16 or more passengers, including the driver, or is transporting material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 CFR Part 172 or is transporting any quantity of a material listed as a select agent or toxin in 42 CFR Part 73.

 

Certifications and Record checks:

 

When an individual applies for a CDL, or attempts to renew or update his or her CDL, the State must perform a check of its own database, the Commercial Driver's License Information System (CDLIS), and the National Driver Register (NDR), to ensure the driver is not disqualified and does not possess a license from more than one jurisdiction. If the driver possesses a license from another jurisdiction, the State must require the driver applicant to surrender his/her driver's license issued by that State before issuing a new license.

 

The State must request the complete driving record of the applicant from all jurisdictions where the driver was previously licensed in the past 10 years.

 

Beginning January 30, 2012, for each operator of a commercial motor vehicle required to have a commercial driver's license, the current licensing States must:

 

* Require drivers to certify the type of operation the driver expects to conduct and post the driver's self-certification to the driver history record;

* Retain the original or a copy of the medical certificate of any driver required to provide documentation of physical qualification for three years beyond the date the certificate was issued; and

* Post the information from the medical examiner's certificate within 10 business days to the CDLIS driver record.

* Within 10 calendar days of receiving information from FMCSA regarding issuance or renewal of a medical variance for a driver, the State must

o update the CDLIS driver record to include the medical variance information provided by FMCSA.

* Within 10 calendar days of the driver's medical certification status expiring or a medical variance expiring or being recinded, the State must:

o Update the medical certification status of that driver as "not-certified."

o Notify the CDL holder of his or her CDL "not-certified" medical certification status and that the CDL privilage will be removed from the driver license unless the driver submits a current medical certificate and/or medical variance, or changes his or her self-certification to driving only in excepted or intrastate commerce (if permitted by the State).

o Initiate established State procedures for downgrading the license. The CDL downgrade must be completed and recorded within 60 days of the driver's medical certification status becoming "not-certified" to operate a CMV.

 

For persons applying for a hazardous materials endorsement, require compliance with the standards for such endorsement specificed in Transportation Security Administration requirements, and provide proof of citizenship or immigration status. A lawful permanent resident of the United States requesting a hazardous materials endorsement must additionally provide his or her Bureau of Citizenship and Immigration Services (BCIS) Alien registration number.

 

If a State determines, in its check of an applicant's license status and record prior to issuing a CDL, or at any time after the CDL is issued, that the applicant has falsified information or any of the required certifications, the State shall at a minimum suspend, cancel, or revoke the person’s CDL or his/her pending application, or disqualify the person from operating a commercial motor vehicle for a period of at least 60 consecutive days.

 

http://www.fmcsa.dot.gov/registration-licensing/cdl/cdl.htm

[dancer52]

ok..I will add my .02

 

cdl is not based on weight....the numbers you mention are correct for class a license...a motor home over 26000# needs a class A ...not a cdl...

 

From my understanding...you only need a cdl if its a business ...problem is..its up the the guy who pulled you over to make that determination....is racing a business....I have asked for a few years now for people to lobby to get our payouts changed to something like Re-imbursement....cause we are surely not making money...

[jracer98]

the spec tag on the trailer tongue says 10.000 (pace 28' tag) and the ford sticker on the end of the truck's door says 10,000 (1995 f350 duallie). That's way short of 26,001.

The gvwr of a 2010 f350 is 10,100. Did the guys that got the ticket in Katy have a giant 5th wheel trailer (16,000+ gvwr)? The last time this came up (in Florida) the word "commercial" was part of the problem. Does anyone know if this particular Texas deal was gvwr related or "commercial" related?

 

thanks for any info

 

jay

 

 

Its the combination of the 2, if its over 26,001 #'s then you need a CDL. Most of all the trucks these days are 15 to 17k alone.

[neon14]

Its pretty easy to get a CDL. If I got one anyone can. In my case I only needed a class B for my job so I just used a school bus to take my test in. I would have liked to get the class A licence but I didn't know anybody with a tractor trailer that I could use. Here is what I am thinking, could you take your drivers test with your race hauler to get a class A licence?

[1-Crew]

I am not a lawyer but just reading the statute, here is the take away..

 

1. the CDL designation is misleading. "Commercial" has nothing to do with the requirement, it is strictly based on vehicle capacity (weight or passengers) and the realization that driving anything larger than a passenger car requires a slightly different skill set.

 

2. A F-350 (GVWR less than 16,000) pulling a 10,000 GVWR rated trailer (empty, full or overloaded) would not require a CDL.

 

3. A fancy toterhome pulling a three axle enclosed might very well require a CDL - all it requires is a combined GVWR of 26,001 lbs or more.

 

4. With regards to testing, there is a provision that says you can substitute 2 years of experience driving a similar rig in place of a road test.

 

5. Possession of a CDL greatly alters the potential impact of a driving infraction.

 

The requirement is Federal but the license itself is state issued. Enforcement is very likely to be subjective even if the statute is clear. Defense might be difficult on a home made trailer but for a vehicle and trailer with clearly marked GVWR ratings it does not seem like it would be hard to defend..

[colgate]

but a class a or b drivers licence is a CDL, you can not get them any other way.

[dancer52]

I am sure you are wrong about this...as I have a class A non cdl license...I went to the DMV...showed them what I had...A motorhome (25900gvw) with a trailer with a GVW of 16000# they said you only need a class A No cdl.....but...if the guy pulling you over feels racing is a business...he wins...I can probably get it overthrown in court...but at what cost...I have been stopped a few times...5 or 6 I would guess...and one did ask ALOT of questions about the cars..kept me there for an hour...in the end let me go....he had some really odd views...said I had the right license...but truck needed to be reg. as commercial...so...its all in the hands of highly trained officers...lol

[Racer26]

I just finished a visit with the IRS and I fully understand after my visit that racing is NOT a business if you have other employment that actually pays the bills. It doesn't matter what you think. Therefore it is not a commercial vehicle. Now the 26,0001 is whole other story depending on how your vehicle is licensed as to what you need from what I've been told. Recreational vehicle tags on toters and trailers is the way to go.

[Truck99]

A couple of links for you all to read and digest yourself. I won't add my interpretation at this point. I will say that there are some incorrect assumptions in this thread.

 

Definitions - scroll down to 4 and 5:

 

http://www.statutes.legis.state.tx.us/Docs...522.htm#522.003

 

Applicability - may want to read the RV exception:

 

http://www.statutes.legis.state.tx.us/Docs...522.htm#522.004

[1-Crew]

In Texas, there is a distinction between a "CDL class A" and a "Class A" license: Operation of a vehicle and trailer with combined GVWR greater than 26001 lbs. requires a CDL class A license unless it is: a farm vehicle operated within 150 miles of home, Fire or other emergency equipment, Miitary equipment when operated for official purposes, recreational vehicle when operated for personal use, a vehicle owned by a air transport company or a truck carrying cotton seed modules or cotton burr.

 

All other vehicles with a combined GVWR require a CDL calss A.

 

http://www.txdps.state.tx.us/DriverLicense...ments/DL-7C.pdf

http://www.txdps.state.tx.us/DriverLicense...uments/DL-7.pdf

[racer61]

A couple of links for you all to read and digest yourself. I won't add my interpretation at this point. I will say that there are some incorrect assumptions in this thread.

 

Definitions - scroll down to 4 and 5:

 

http://www.statutes.legis.state.tx.us/Docs...522.htm#522.003

 

Applicability - may want to read the RV exception:

 

http://www.statutes.legis.state.tx.us/Docs...522.htm#522.004

 

Thanks Chase, clear as mud.

So did I just misunderstand or is it saying a tow "vehicle of over 10k AND a trailer of over 26k? or just a trailer over 26k regardless of tow vehicle? Because it seems to have seperated the two.

[Truck99]

A couple of links for you all to read and digest yourself. I won't add my interpretation at this point. I will say that there are some incorrect assumptions in this thread.

 

Definitions - scroll down to 4 and 5:

 

http://www.statutes.legis.state.tx.us/Docs...522.htm#522.003

 

Applicability - may want to read the RV exception:

 

http://www.statutes.legis.state.tx.us/Docs...522.htm#522.004

 

Thanks Chase, clear as mud.

So did I just misunderstand or is it saying a tow "vehicle of over 10k AND a trailer of over 26k? or just a trailer over 26k regardless of tow vehicle? Because it seems to have seperated the two.

 

The 26,001 applies to a single vehicle or combination. The 10K number is used to determine whether a Class A or Class B is needed but is included in the 26,001 regardless.

[firemdk]

alot of speculation but someone needs to ask DL what the real deal is.

[jracer98]

[racer61]

Soooooo...as long as my total combined GVWR is below 20,001 then im ok?

[jracer98]

It seems like you are "ok" on the 26,001 but the whole "is this a commercial vehicle/is racing a business" deal seems REALLY subjective and at the interpretation of the officer on the side of the road. Even if he is "wrong", how expensive will it be for me to get it overturned? It can still cost a lot of time and money to be "right"

 

jay

 

 

Soooooo...as long as my total combined GVWR is below 20,001 then im ok?

[jracer98]

I have to get back to work but here's this...

http://www.lonestarspeedzone.com/forums/in...&hl=florida

[jracer98]

http://www.lonestarspeedzone.com/forums/in...lorida&st=0

[jwmbishop]

Look at the rating tag on the door or post of the tow vehicle. It has TWO ratings. GVWR (gross veh weight rating) and CGVWR (Combined Gross Veh Weight Rating - also stated as GCWR, Gross Combined Weight Rating).

 

IF the CGVWR rating is 26,001 or over AND Towing a trailor - then you MUST have an A if the trailor is over 10,000 or B if it's under to operate the rig.

 

Examples:

F350 Lng Bed Crew Cab 6.7L Powerstroke, Auto trans, 3:73 gear Dually - CGVWR = 29,000 lbs, GVWR = 20,300

Trailor GVWR = 10,000 or less, Class B, Trailor GVWR 10,001 lbs or more - class A

(after Truck99 enlightened me to my lack of citeable research I stand corrected - trailer 10,000 or less class C - no B required unless tow veh GVWR by itself is over 26001 - motor home exception does apply)

 

F350 Lng Bed Crew Cab 6.7L Powerstroke, Auto trans, 3:55 gear SINGLE- CGVWR = 23,500 lbs, GVWR = 14,000 lbs

Trailor GVWR 9999 or under - Class C, Trailor gvwr 10,000 or above Class C - but exceeds weight and will get a commercial ticket.

 

F250 SuperCab 6.7 Powerstroke, Auto trans, 3:55 gear SINGLE - CGVWR = 23500, GVWR = 12500

Trailor GVWR 9999 or under - Class C, Trailor gvwr 10,000 or above Class C - but does NOT exceed weight until trailer GVWR is over 11,500!

 

So basically if its a dually (at least in Ford's line) and you are towing you need either an A or B depending on weight rating of trailer! (drawback to Ford being the highest rating for towing - you could probably tow with a Dodge and be under as long as you don't exceed the rate with actual weight). So check that sticker and do the math!

 

Ford Truck Specs

[jracer98]

note 4500 lb

 

http://www.txdps.state.tx.us/vi/inspection...;classsubmit=Go