CDL requirements.
10-31-2018, 07:32 PM
#32
Registered
Like I said, a lot has to do with who stops you. Was told that I was over 10000 lb rating. This happened on interstate 10, so I asked if that dually with single axle utility trailer that just passed would be illegal. Yep. Just looking to write tickets that day, as there were 5 of them waiting. Did take back roads home though. Back to original post, I would just do it.
10-31-2018, 11:56 PM
#33
Registered
Question 21: Does the exemption in §390.3(f)(3) for the "occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise" apply to persons who occasionally use CMVs to transport cars, boats, horses, etc., to races, tournaments, shows or similar events, even if prize money is offered at these events?
Guidance: The exemption would apply to this kind of transportation, provided: (1) The underlying activities are not undertaken for profit, i.e., (a) prize money is declared as ordinary income for tax purposes, and (b) the cost of the underlying activities is not deducted as a business expense for tax purposes; and, where relevant; (2) corporate sponsorship is not involved. Drivers must confer with their State of licensure to determine the licensing provisions to which they are subject.
Guidance: The exemption would apply to this kind of transportation, provided: (1) The underlying activities are not undertaken for profit, i.e., (a) prize money is declared as ordinary income for tax purposes, and (b) the cost of the underlying activities is not deducted as a business expense for tax purposes; and, where relevant; (2) corporate sponsorship is not involved. Drivers must confer with their State of licensure to determine the licensing provisions to which they are subject.
Heres a link to Part 383 regarding licensing commercial vehicles:
https://www.ecfr.gov/cgi-bin/retriev...se49.5.383_123
11-01-2018, 12:04 AM
#34
Registered
Sorry, but you are wrong. It depends on the state that you hold your license in. In Indiana, for example, I do NOT need a CDL even though my truck and boat weigh 32,000lbs. I have a DOT consulting company on retainer because we do employ DOT drivers. I have done extensive research to make sure I am legal towing my personal boats not for hire accross state lines. Commercial CDL laws are federal, non commercial are state by state and follow your home state of license. So look up your home state laws or consult with a DOT expert in your state.
11-05-2018, 09:53 AM
#35
Registered
That's interesting, and I'll look into it, but I've never heard of a non-commercial CDL. I'm licensed in Florida, and everything I've found regarding licenses in Florida mirrors federal DOT regulations regarding combination vehicles with GCWR >26k. I'll look to see if theres a DOT expert I can talk to. Thanks for the tip! I don't technically need it because I made sure my new boat trailer GVW was <10k lbs so I'm still legal to tow with the 650. But it would be a nice to know!
11-08-2018, 06:12 PM
#36
Registered
iTrader: (1)
Federal laws apply for Commercial but if you are not for hire and towing your own boat for pleasure trips, you do not fall under federal DOT laws. At that point, it is the laws where you hold a drivers license. I am in Indiana, and only need a normal drivers license, even though my truck and boat weigh just under 32,000 lbs. If you ever get pulled over and questioned by DOT, tell them you are not pursuant to commercial enterprise.
In 2015 the last state came under compliance with Federal Law. This law brought ALL states under the SAME rules of the Federal DOT.
This is what it means, and how to comply:
-All states have the same laws that mirror Federal Law.
-Drivers are now only allowed one drivers license. Where before they were able to hold a license in each state.
-If your are over 26,000lbs. GVWR on truck and trailer, or over 10,000 lbs. GVWR on trailer, you need a Class A license. The only way to get a class A license is to take: a) a few written tests. b) get issued a CDL learner's permit. You must have a licensed CDL holder that has the proper rating with you when you are driving (practicing). c) make a declaration to the DOT your medical card status. Anything that you haul for money, prizes, any compensation requires a medical card. Which is a physical every year. d) take a road test with an approximation of what you intend to haul (trailer GVWR over 10,000 lbs).
- GVWR is the Gross Vehicle Weight Rating that is placarded on your vehicle and trailer. Consider this legally binding. No matter what weight is on it, for licensing consideration it means you will have a class A CDL if your trailer is over 10,000 lbs. rated, or the combination is over 26,000 lbs.
Here is an example:
Ford F-350 GVWR. 11,400 lbs.
Trailer GVWR. 15,600 lbs.
Total GVWR. 27,000 lbs.
You need a combination Class A CDL. No air brakes, no manual transmission restriction, provided truck has auto trans.
No medical card because declaration is Interstate Exempt. Paragraph C - Occasional transportation of personal property.
You do not have to stop at weight stations- you are not transporting for hire, or compensation.
You must use State Roads ( designed for combo rigs to make turns at intersections).
You have a 5 mile access allowance on other roads.
These are not the only restrictions.
It is not that hard to get a Class A CDL. Study for the tests. Practice all the maneuvers listed in the State issued CDL handbook.
Be sober, no booze when driving, or boating.
Laws are harsh if you are cited for not having proper Class and rating on your drivers license if you get pulled over. You will not be allowed to take a test for a future CDL for a period of time (year etc.). It will be very costly and you may spend time in prisonif you are caught. Federal Mandates under DOT law.
11-08-2018, 08:06 PM
#37
Registered
this has been a long standing argument / confusion I will say I drove my 650 with cigarette [12,000 lbs ] on a regular drivers lic for 5 years - worried every time I drove it . I asked a bunch of law enforcement and got different answers . So I went and took a class A non cdl permit test [which is avalible in the book ] and had to argue with dmv counter girl - and her supervisor - they gave up and said will give you the permit then you can figure it out at your driving test - which has to be done at a cdl facility . so 650 with air brakes and boat in tow I went to take the driving test , the facility counter person and supervisor never heard of a non cdl class A - so I picked up the book and showed them- they called down state and took picks of truck and boat and door sticker and vin plate about an hour later - they said take the test the driving tester was more interested in the boat - had me drive around the block and issued me the 1st class a non cdl - air brake lic. from that facility - so I took pics of truck and boat at testing facility with a time stamp pic so it matches the lic. I now am at ease driving the truck -not worried about going to jail or being placed out of service . that's my 2 cents
11-11-2018, 07:23 PM
#38
Registered
WRONG!
In 2015 the last state came under compliance with Federal Law. This law brought ALL states under the SAME rules of the Federal DOT.
This is what it means, and how to comply:
-All states have the same laws that mirror Federal Law.
-Drivers are now only allowed one drivers license. Where before they were able to hold a license in each state.
-If your are over 26,000lbs. GVWR on truck and trailer, or over 10,000 lbs. GVWR on trailer, you need a Class A license. The only way to get a class A license is to take: a) a few written tests. b) get issued a CDL learner's permit. You must have a licensed CDL holder that has the proper rating with you when you are driving (practicing). c) make a declaration to the DOT your medical card status. Anything that you haul for money, prizes, any compensation requires a medical card. Which is a physical every year. d) take a road test with an approximation of what you intend to haul (trailer GVWR over 10,000 lbs).
- GVWR is the Gross Vehicle Weight Rating that is placarded on your vehicle and trailer. Consider this legally binding. No matter what weight is on it, for licensing consideration it means you will have a class A CDL if your trailer is over 10,000 lbs. rated, or the combination is over 26,000 lbs.
Here is an example:
Ford F-350 GVWR. 11,400 lbs.
Trailer GVWR. 15,600 lbs.
Total GVWR. 27,000 lbs.
You need a combination Class A CDL. No air brakes, no manual transmission restriction, provided truck has auto trans.
No medical card because declaration is Interstate Exempt. Paragraph C - Occasional transportation of personal property.
You do not have to stop at weight stations- you are not transporting for hire, or compensation.
You must use State Roads ( designed for combo rigs to make turns at intersections).
You have a 5 mile access allowance on other roads.
These are not the only restrictions.
It is not that hard to get a Class A CDL. Study for the tests. Practice all the maneuvers listed in the State issued CDL handbook.
Be sober, no booze when driving, or boating.
Laws are harsh if you are cited for not having proper Class and rating on your drivers license if you get pulled over. You will not be allowed to take a test for a future CDL for a period of time (year etc.). It will be very costly and you may spend time in prisonif you are caught. Federal Mandates under DOT law.
Whatever you say. I’ll continue use to follow the guidance of the DOT consulting company that I have on retainer at work. They have DOT lawyers and experts that told me exactly what I had to do for towing my large boat that is combined 31,750lbs and being licensed in Indiana.
11-11-2018, 10:30 PM
#39
Registered
iTrader: (1)
Obviously you have never heard of "Due Diligence" and "Caveat Emptor".
Maybe its time to find some competent Baristers.
Making work for themselves and billing you by the hour is what Lawyers do!
Don't take my word for it if you don't want to.
Here is what your Indiana DMV says:
Indiana CDL Requirements
You must get an Indiana commercial driver’s license (CDL) to be able to drive commercial vehicles in Indiana. For Federal CDL Requirements applicable to every state, click here.
Indiana adopted the Federal Commercial Motor Vehicle Safety Act of 1986, and is part of a nationally uniform system of classifying, testing, and licensing commercial vehicle drivers.
You need an Indiana CDL when you operate the following vehicles:
CLASS A – Applies only to “combination” vehicles with a Gross Combination Weight Rating (GCWR) more than 26,000 pounds, and the Gross Vehicle Weight Rating (GVWR) of the vehicle being towed is more than 10,000 pounds. A driver with a Class A CDL (plus any appropriate endorsements) can also operate all vehicles included in Class B, C, and D (below)
CLASS B – Includes single or combination vehicles where the GVWR of the single vehicle is more than 26,000 pounds. The vehicle being pulled must not be more than 10,000 pounds. A driver with an Indiana Class B CDL (plus appropriate endorsements) can also legally operate all vehicles in Class C or D.
CLASS C – Any single vehicle, or combination of vehicles, that meets neither the definition of Group A nor that of Group B as contained in this section, but that either is designed to transport 16 or more passengers including the driver, or is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR part 172, subpart F).
CLASS D – Private passenger, regular operator.
Indiana CDL Age Requirements
You must be at least 18 years of age to drive within state lines (intrastate).
You must be at least 21 years old to:
See CDL Documentation and Identification Requirements for Indiana here.
How much does the Indiana CDL cost?
The fees are as follows:
Your commercial driver’s license (CDL) expires on your birthday and a late fee will be charged if the license is renewed after that date. If your birthday falls on a day on which license branches are closed, such as a Sunday or a Monday, your license will remain valid until the end of the next business day.
Official Indiana CDL Manual
Indiana DMV/DPS
FMSCA Guidelines
Maybe its time to find some competent Baristers.
Making work for themselves and billing you by the hour is what Lawyers do!
Don't take my word for it if you don't want to.
Here is what your Indiana DMV says:
Indiana CDL Requirements
You must get an Indiana commercial driver’s license (CDL) to be able to drive commercial vehicles in Indiana. For Federal CDL Requirements applicable to every state, click here.
Indiana adopted the Federal Commercial Motor Vehicle Safety Act of 1986, and is part of a nationally uniform system of classifying, testing, and licensing commercial vehicle drivers.
- When is an Indiana CDL Required
- Indiana CDL Age Requirements
- How to Apply for an Indiana CDL
- How much does the Indiana CDL cost?
- Indiana Truck Driving Schools and CDL Resources
You need an Indiana CDL when you operate the following vehicles:
CLASS A – Applies only to “combination” vehicles with a Gross Combination Weight Rating (GCWR) more than 26,000 pounds, and the Gross Vehicle Weight Rating (GVWR) of the vehicle being towed is more than 10,000 pounds. A driver with a Class A CDL (plus any appropriate endorsements) can also operate all vehicles included in Class B, C, and D (below)
CLASS B – Includes single or combination vehicles where the GVWR of the single vehicle is more than 26,000 pounds. The vehicle being pulled must not be more than 10,000 pounds. A driver with an Indiana Class B CDL (plus appropriate endorsements) can also legally operate all vehicles in Class C or D.
CLASS C – Any single vehicle, or combination of vehicles, that meets neither the definition of Group A nor that of Group B as contained in this section, but that either is designed to transport 16 or more passengers including the driver, or is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR part 172, subpart F).
CLASS D – Private passenger, regular operator.
Indiana CDL Age Requirements
You must be at least 18 years of age to drive within state lines (intrastate).
You must be at least 21 years old to:
- drive commercial vehicles across state lines (interstate)
- haul hazardous materials
- transport people
See CDL Documentation and Identification Requirements for Indiana here.
You must be either a United States citizen or lawful permanent resident to apply for a Commercial Learner’s Permit (CLP) or Commercial Driver’s License (CDL), per 49 CFR 383.71. For further information on this requirement, please visit Federal Motor Carrier Safety Administration.
When you apply for a CLP or CDL you must present documents of identification proving your identity, lawful status, Social Security number, and Indiana residency.
When you apply for a CLP or CDL you must present documents of identification proving your identity, lawful status, Social Security number, and Indiana residency.
How much does the Indiana CDL cost?
The fees are as follows:
Your commercial driver’s license (CDL) expires on your birthday and a late fee will be charged if the license is renewed after that date. If your birthday falls on a day on which license branches are closed, such as a Sunday or a Monday, your license will remain valid until the end of the next business day.
- Commercial driver’s license fee chart
Official Indiana CDL Manual
Indiana DMV/DPS
FMSCA Guidelines
Last edited by mike38scarab; 11-12-2018 at 03:01 PM.
11-12-2018, 08:25 AM
#40
Registered
Join Date: Jan 2007
Location: Murrayville Georgia
Posts: 1,818
Likes: 0
Received 893 Likes
on
320 Posts
just to add to this, and this is coming from a friend of a friend who does cdl testing for the state. come the first of the year there are plans to start cracking down on big private vehicles that are over the 26k limit. they are planning this as a response to all the 50 ft horse trailers, race car trailers, boats etc. I cannot verify where and who is going to start pulling people over but just putting this out there as I heard it. this has been in the making as several states have already started with laws limiting the size of the load with out a cdl. they did this in florida and callifornia before just before some big drag races to stop the big goose neck haulers that were over the 26k but had no cdl and tried claiming RV or private carrier status. not saying it will or wont happen, just be prepared.
