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CDL requirements.

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Old 11-12-2018, 08:27 AM
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COMMERCIAL. Towing your own boat for fun and not for money is not commercial.
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Old 11-12-2018, 02:54 PM
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Originally Posted by PremierPOWER
COMMERCIAL. Towing your own boat for fun and not for money is not commercial.
Keep telling yourself that when you are sitting in hand cuffs in the back seat of a Police cruiser while your rig is being towed off and you are going to prison by law.

Read this next sentence very carefully- You are not exempt because you are towing for fun.

It has nothing to do with money and commercial.

It is all about the weight.

The only way to get a Class A license is to get a CDL. The restriction is Class A.
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Old 11-12-2018, 03:03 PM
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Originally Posted by PremierPOWER
COMMERCIAL. Towing your own boat for fun and not for money is not commercial.
Keep telling yourself that when you are sitting in hand cuffs in the back seat of a Police cruiser while your rig is being towed off and you are going to prison by law.

Read this next sentence very carefully- You are not exempt because you are towing for fun.

It has nothing to do with money and commercial.

It is all about the weight.

The only way to get a Class A license is to get a CDL. The restriction is Class A.
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Old 11-12-2018, 03:34 PM
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Originally Posted by sbracing
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.
This exemption is for the medical card only (still required to have proper Class and category license).

CDL Self-Certification Categories

There are four CDL self-certification categories (All CDL Holders must certify one of these categories):

1. NON-EXCEPTEDINTERSTATE(NI)–Engaged in interstate commerce and meet 49CFR Part 391 requirements (must have medical certificate; must provide the Secretary of State’s office with an original or copy of driver’s medical certificate). This is the only category where the SOS will collect DOT MEDICAL information and must have driver’s DOT medical certificate. (Category covers multi-state drivers, who are not in excepted (exempt) category, as noted in #2 below.)

Also, this category covers any CDL holder who does not fall under one of the categories below or ANY CDL holder who is granted a federal vision or diabetes exemption/waiver or SPE-limb impairment (Skill Performance Evaluation).

2. EXCEPTED INTERSTATE (EI) – Engaged in interstate commerce and excepted (exempt) from 49 CFR Part 391 requirements (not required by Federal (FMCSA) guidelines to hold a medical certificate to drive interstate):
  1. a) School bus operations. Use Category 2 if crossing state lines, or Category 4 if NOT crossing state lines. A School Bus Permit (SBP) holder

    is required to be medically certified annually to drive a school bus. All CDL holders still must certify.
  2. b) Transportation performed by the federal government, a state, or any political subdivision of a state.
  3. c) Occasional transportation of personal property by individuals neither for compensation nor in the furtherance of a commercial enterprise.
  4. d) The transportation of human corpses or sick and injured persons.
  5. e) The operation of fire trucks and rescue vehicles while involved in emergency and related operations.
  6. f) A 9 to 15 passenger van, including the driver, which is less than 26,001 GVWR, not for compensation. If for compensation, must stay within

    a 75 air-mile radius of the driver’s normal work reporting location.
  7. g) Apiarian industries (Beekeepers).
  8. h) Farm custom operations (Custom Harvesters).
  9. i) Farm vehicle drivers operating straight trucks in interstate commerce that meet the definition of a commercial motor vehicle (CMV) as

    defined in 49 CFR Part 390.5 within 150 miles of their farm are exempt from the medical certification requirements.
  10. j) Private motor carrier of passengers (non-business). For example, organizations exempt from the Internal Revenue Code that provide

    transportation for their members.
  11. k) Emergency delivery of propane winter heating fuel and pipeline response.
  12. l) Drivers of migrant workers (must meet minimum standards only; 49 CFR 398.3).
3. NON-EXCEPTEDINTRASTATE(NA)–Engaged in intrastate commerce and subject to state requirements as in law today.(Covers most drivers who drive within a single state, but check with your employer or trade association for clarification.)

4. EXCEPTEDINTRASTATE(EA)–Motorcarriers while engaged in intrastate commerce and excepted from all or part of State safety requirements. (Same as above excepted categories in #2, but driving within a single state.)
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Old 11-13-2018, 07:03 AM
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Well that clears it Right up
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Old 11-14-2018, 03:24 PM
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I am very sorry, but YOU ARE NOT CORRECT.

https://www.fmcsa.dot.gov/hours-serv...s-fmcsa-safety

Agricultural Exceptions and Exemptions to the Federal Motor Carrier Safety Administration Hours of Service (HOS) and Commercial Driver’s License (CDL) Rules

The Federal Motor Carrier Safety Administration (FMCSA) regulates transportation in interstate commerce for vehicles weighing 10,001 or more pounds (i.e., any of the following: gross vehicle weight (GVW), gross vehicle weight rating (GVWR), gross combination weight (GCW) or gross combination weight rating (GCWR)). Vehicles with a GVW, GVWR, GCW or GCWR of 26,001 pounds or more may require the driver to have a Commercial Driver’s License (CDL).

However, Federal Motor Carrier Safety Regulations (FMCSRs) provide an exception for the transportation of horses and other animals to shows and events, as well as cars, boats and other similar items. When such transportation is not business related (i.e., the transportation is not for compensation, and the driver is not performing in an underlying business related to the move), the FMCSRs do not apply, even if prize or scholarship money is offered for the event. This exemption includes the Hours-of-Service (HOS) regulations, requirements for use of Electronic Logging Devices (ELDs) and CDL regulations, unless a CDL is required by the driver’s home state.

General Applicability of Commercial Driver’s License (CDL) Requirements:

A CDL is required if:
  • The vehicle has a GVWR or GVW of 26,001 pounds or more; or
  • A combination of vehicles (truck and trailer) has a GVWR or GCWR of 26,001 pounds or more, including a towed unit with a GVWR or GVW of more than 10,000 pounds.
However, if the vehicle is used for a non-commercial purpose, (i.e., a recreational vehicle, a vehicle transporting horses and other animals, or cars, boats and similar items to shows and events), the driver does not need a CDL, unless required by the driver’s home State. If an underlying business is not related to the transportation, it is considered non-commercial. This includes any unrelated agricultural business, such as a cattle rancher who owns horses for personal use, unrelated to the ranching business.
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Old 11-14-2018, 04:14 PM
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Ah
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Old 11-15-2018, 08:15 AM
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I will eat a bit of crow and admit that I was wrong. After much research, I believe that what PremierPower quoted above is correct. The phrase at the end "unless required by the drivers home state" was my only hold up. I called Florida CDL customer service who told me if the boat is used solely for pleasure and not money making (charters, tournaments, racing, etc) then I don't need a CDL. So call your states CDL office and ask, took me 2 minutes.

Additionally, I contacted National Transportation Consultants (a DOT expert) and here is what they said:
"One of the key determining factors is whether the vehicle is used in the furtherance of a commercial enterprise. If you use the boat solely for your personal recreation, a CDL should not be necessary. If you use it to generate income of any sort through fishing tours, boat racing, or the like, it could be deemed a commercial motor vehicle. "

I would say, we're all in the clear!
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Old 11-15-2018, 10:23 AM
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Originally Posted by ToMorrow44
I will eat a bit of crow and admit that I was wrong. After much research, I believe that what PremierPower quoted above is correct. The phrase at the end "unless required by the drivers home state" was my only hold up. I called Florida CDL customer service who told me if the boat is used solely for pleasure and not money making (charters, tournaments, racing, etc) then I don't need a CDL. So call your states CDL office and ask, took me 2 minutes.

Additionally, I contacted National Transportation Consultants (a DOT expert) and here is what they said:
"One of the key determining factors is whether the vehicle is used in the furtherance of a commercial enterprise. If you use the boat solely for your personal recreation, a CDL should not be necessary. If you use it to generate income of any sort through fishing tours, boat racing, or the like, it could be deemed a commercial motor vehicle. "

I would say, we're all in the clear!
Your state may or may not require a cdl, however, you must be licensed for the combination or weight you are pulling, ask your insurance company. Its hard to find info on non-commericial class A or B licenses, but everyone I know has had to take the test in order to keep their RV-bus or race rig insurance in Texas.
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Old 11-15-2018, 02:11 PM
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Here is a good source of info on state license requirements. I am just glad I live in Indiana, because it is one of the easiest. I can go buy a tractor and 53' trailer for personal use and need nothing but a normal drivers license. Some of the states are not very clear on commercial vs non commercial but most are.

https://drivinglaws.aaa.com/tag/type...vers-licenses/
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