You can both think like that, but in simple terms, you're both wrong.
There is no problem registering for less than rated gvw. Registering for more than rated gvw is not so easy. If you register for 26k or under, no cdl needed, regardless of the factory tag. But then you have to stay under the registered weight.
Registering less than the rated GVW , just means you cant carry the trucks rated weight , you havent paid the gov . But that doesnt change the fact that the truck is a 36,000 lb truck .
CDL Classifications | DMV.org
The key phrase is " rated weight "
here is some more interesting facts straight from the feds
Regulations Section | Federal Motor Carrier Safety Administration
Before you spend the money and buy a truck with a GVW over 26,000 lbs , call your local DOT office and explain to them what you want to do . See what they say .
But its illogical that I could buy a tandem dump truck and tag it for 26,000 lbs and drive it with a regular license .
Some states even require a CDL to drive a motorhome or 5 th wheel camper , depending on the gvw . ( maryland is one of them ) .
I have a class B , and got busted once driving a tree bucket truck that required a CDL , I was pulling a 12K dump trailer that was empty . With a B license I am limited to a 10K trailer Now , I can pull the trailer behind my pickup fully loaded and be legal . The DOT cop was cool , I explained to him I thought it was the weight loaded . He gave me a warning . He explained to me they look at the gvw on the plates of the vehicles , not the registration , they only check the weights on the registration when they scale you .
A driver needs a CDL if the vehicle meets one of the following definitions of a CMV:
Class A truck
Any combination of vehicles with a GVWR (gross vehicle weight rating) of 26,001 or more pounds (11,793 kg) provided the GVWR of the vehicle(s) being towed is in excess of 10,000 pounds (4536 kg).
Class B truck
Any single vehicle with a GVWR of 26,001 or more pounds (11,793 kg), or any such vehicle towing a vehicle not in excess of 10,000 pounds (4536 kg) GVWR.
Class C truck
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 placarded for hazardous materials.
Fines can run in the thousands