Is this the law

[dieselcrawler]

In my state, personal use is exempt from cdl/med card. However, even if driving your personal econo box beater car to the soccer game, if you have a class D (10k to 26k) commercial licence, or class A CDL, you MUST have your up to date med card on your person. The truck and load may not be the issue here, but the licence the driver involve has... plausible, in my mind.

 

[LD1]

Too much information missing / not revealed yet.

Was he actually towing commercially?
Does he actually hold a CDL of any class?
Dually truck....check. Assuming ~12k GVW
Trailer in tow...check. But what trailer? GN 24k? 14k bumper pull? single axle landscape trailer?
What was his purpose for towing? Was this personal use or was he indeed pulling equipment or something in the commercial sense to make money?

 

[Looking4new]

I could see that happening here in Ontario Canada. Just more disguised taxation in the name of "public safety".

I also think the cop is trying to fill up his ticket book and will do it with whatever bogus charge he can come up with. He is hoping your friend is sucker enough to just pay the ticket.

 

[TSO]

Any time you are pulling a trailer over 10,000 lbs, even if you are under 26,001 lbs combined... IF used in commerce... That is still considered a commercial vehicle.

A CDL is not required if under 26,001 but you still need a medical card.

The ticket was justified IF BEING USED IN COMMERCE.

Tell your buddy to set up a court date, go to his doctor and get a medical card, and bring that to the court. Have him explain to the judge that he was unaware of the law and he is sorry, but he has since acquired his medical card to be compliant. The judge will likely dismiss the ticket and give him a small Court fine for being there.

 

[LD1]

^^^^
Thats my understanding as well.

10k+ and used commercially = a CMV (commercial motor vehicle)

A CMV dont always require a CDL. But DOES require a Med card. Trailer or not. CDL required or not.

So as to the situation....

IF he was towing for personal use and not in a commercial truck (with numbers and stickers), he should NOT be cited
IF he was towing for commerce, and between 10k and 26k...he needs a med card and SHOULD be cited
IF he was towing for commerce and over 26k GCWR...he needs a CDL AND a med card and should be considered lucky he only got cited for med card.

 

[MacLawn]

What's a medical card? Y'all act as if everyone here knows about that. I've never heard of it.

 

[dieselcrawler]

'Med card', slang for DOT physical, passed and signed off by a doctor, saying no medical/physical limitations on your ability to operate a commercial vehicle.

 

[newbury]

<snip>

Dually truck....check. Assuming ~12k GVW
<snip>

Newer duallies are up to 14K GVWR in Ford.

And there were discussions on here years ago how the State troopers in Virginia could focus on GVWR's if you were towing any payload or not. Thus an empty truck with a 14k GVWR and an empty trailer with a 14K GVWR automatically exceeded the 26K limit.

 

[GLyford]

In MA a truck with "5 or more tires in contact with the ground" must be registered commercial, regardless of weight.

There was some guy on one of the ford forums that has been trying for like 8 years to get state reps to push back to
allow it for personal use...still hasn't happened.

Commercial vs. Non-Com Registrations in MA - Ford Truck Enthusiasts Forums

It gets more complicated then because half the troopers see the commercial plate and ask where the med card, logbook,
commercial insurance, flares, chockblock, extinguisher, owner markings, DOT Number, etc. are, and the other half
understand the difference between commercial plate and commercial owned.

 

[Rock knocker]

Any time you are pulling a trailer over 10,000 lbs, even if you are under 26,001 lbs combined... IF used in commerce... That is still considered a commercial vehicle.

A CDL is not required if under 26,001 but you still need a medical card.

The ticket was justified IF BEING USED IN COMMERCE.

Tell your buddy to set up a court date, go to his doctor and get a medical card, and bring that to the court. Have him explain to the judge that he was unaware of the law and he is sorry, but he has since acquired his medical card to be compliant. The judge will likely dismiss the ticket and give him a small Court fine for being there.

My understanding is that you're close, but no cigar.
1) In any case, the vehicle must be in commercial use.
2) The vehicle must be heavier than 10,000 lbs GVWR
3) The commercial vehicle must be being used in interstae commerce
4) Or the commercial vehicle is being used and registered in a state where commercial vehicles must have a DOT number even when not in inter state commerce.
5) If (4) is operative, then state statute must require a medical card. Not all states require a medical card for drivers of non CDL commercial vehicles. The Feds always do.