westcliffe01
Veteran Member
To come full circle to the original posters question:
His truck GVWR is less than 10k
His trailer GVWR is 14k
The combined weight does not exceed 24k
If his bobcat and the balance of the equipment is his private property and not used in a commercial setting, he will not need a medical, commercial plates or insurance and will be legal to tow federally provided no vehicle limitations are being exceeded.
A very similar situation would be him and his family in the truck towing a 5th wheel camper that weighed 15k.
Now as soon as the bobcat, truck and trailer are being used commercially (for reward) even if only transporting someone else's equipment from 1 place to another, then it is a commercial operation and all the rules start applying. Truck is below 10k so a chauffeur's license is not required for that, BUT since the GCVWR is 24k he would need a chauffeur's license in that configuration. The Chauffeurs license requires a medical, so there is that too.
The wording on the exemptions is a bit vague and I think that is the key problem in obtaining answers from someone other than a judge.
Going to the federal regulations, things are a lot clearer.
Part 390.3: General applicability. - Federal Motor Carrier Safety Administration
Quote:
"
(f)Exceptions. Unless otherwise specifically provided, the rules in this subchapter do not apply to
(f)(1)All school bus operations as defined in ｧ390.5;
(f)(2) Transportation performed by the Federal government, a State, or any political subdivision of a State, or an agency established under a compact between States that has been approved by the Congress of the United States;
(f)(3) The occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise;
(f)(4) The transportation of human corpses or sick and injured persons;
(f)(5) The operation of fire trucks and rescue vehicles while involved in emergency and related operations;
(f)(6)The operation of commercial motor vehicles designed or used to transport between 9 and 15 passengers (including the driver), not for direct compensation, provided the vehicle does not otherwise meet the definition of a commercial motor vehicle, except that motor carriers operating such vehicles are required to comply with ｧｧ390.15, 390.19, and 390.21(a) and (b)(2).
(f)(7) Either a driver of a commercial motor vehicle used primarily in the transportation of propane winter heating fuel or a driver of a motor vehicle used to respond to a pipeline emergency, if such regulations would prevent the driver from responding to an emergency condition requiring immediate response as defined in ｧ390.5.
In addition, the federal definition of a CMV (commercial motor vehicle) is found here:
Part 383.5: Definitions. - Federal Motor Carrier Safety Administration
Quote:
"Commercial motor vehicle (CMV) means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle
(a) Has a gross combination weight rating of 11,794 kilograms or more (26,001 pounds or more) inclusive of a towed unit(s) with a gross vehicle weight rating of more than 4,536 kilograms (10,000 pounds); or
(b) Has a gross vehicle weight rating of 11,794 or more kilograms (26,001 pounds or more); or
(c) Is designed to transport 16 or more passengers, including the driver; or
(d) Is of any size and is used in the transportation of hazardous materials as defined in this section."
Clearly a combination vehicle not carrying hazardous material and less than 26k and not being used commercially does not fit any of the above descriptions.
In my opinion, the fault for the confusion has been the expansion by states of the Chauffeurs license in an arbitrary fashion (above 10k gvwr) and wording of the exclusions in the chauffeurs license in a manner not consistent with the directive of the feds. The federal regulation makes no distinctions regarding vehicle or trailer weights around the 10k mark and specifically exempts private transport as long as it stays below 26k single or combined. This is the kind of crVp that keeps lawyers employed and innocent people in courtrooms.. Welcome to federal government, where if the law is not screwed up in DC there are many more chances to screw it up in each state.
His truck GVWR is less than 10k
His trailer GVWR is 14k
The combined weight does not exceed 24k
If his bobcat and the balance of the equipment is his private property and not used in a commercial setting, he will not need a medical, commercial plates or insurance and will be legal to tow federally provided no vehicle limitations are being exceeded.
A very similar situation would be him and his family in the truck towing a 5th wheel camper that weighed 15k.
Now as soon as the bobcat, truck and trailer are being used commercially (for reward) even if only transporting someone else's equipment from 1 place to another, then it is a commercial operation and all the rules start applying. Truck is below 10k so a chauffeur's license is not required for that, BUT since the GCVWR is 24k he would need a chauffeur's license in that configuration. The Chauffeurs license requires a medical, so there is that too.
The wording on the exemptions is a bit vague and I think that is the key problem in obtaining answers from someone other than a judge.
Going to the federal regulations, things are a lot clearer.
Part 390.3: General applicability. - Federal Motor Carrier Safety Administration
Quote:
"
(f)Exceptions. Unless otherwise specifically provided, the rules in this subchapter do not apply to
(f)(1)All school bus operations as defined in ｧ390.5;
(f)(2) Transportation performed by the Federal government, a State, or any political subdivision of a State, or an agency established under a compact between States that has been approved by the Congress of the United States;
(f)(3) The occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise;
(f)(4) The transportation of human corpses or sick and injured persons;
(f)(5) The operation of fire trucks and rescue vehicles while involved in emergency and related operations;
(f)(6)The operation of commercial motor vehicles designed or used to transport between 9 and 15 passengers (including the driver), not for direct compensation, provided the vehicle does not otherwise meet the definition of a commercial motor vehicle, except that motor carriers operating such vehicles are required to comply with ｧｧ390.15, 390.19, and 390.21(a) and (b)(2).
(f)(7) Either a driver of a commercial motor vehicle used primarily in the transportation of propane winter heating fuel or a driver of a motor vehicle used to respond to a pipeline emergency, if such regulations would prevent the driver from responding to an emergency condition requiring immediate response as defined in ｧ390.5.
In addition, the federal definition of a CMV (commercial motor vehicle) is found here:
Part 383.5: Definitions. - Federal Motor Carrier Safety Administration
Quote:
"Commercial motor vehicle (CMV) means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle
(a) Has a gross combination weight rating of 11,794 kilograms or more (26,001 pounds or more) inclusive of a towed unit(s) with a gross vehicle weight rating of more than 4,536 kilograms (10,000 pounds); or
(b) Has a gross vehicle weight rating of 11,794 or more kilograms (26,001 pounds or more); or
(c) Is designed to transport 16 or more passengers, including the driver; or
(d) Is of any size and is used in the transportation of hazardous materials as defined in this section."
Clearly a combination vehicle not carrying hazardous material and less than 26k and not being used commercially does not fit any of the above descriptions.
In my opinion, the fault for the confusion has been the expansion by states of the Chauffeurs license in an arbitrary fashion (above 10k gvwr) and wording of the exclusions in the chauffeurs license in a manner not consistent with the directive of the feds. The federal regulation makes no distinctions regarding vehicle or trailer weights around the 10k mark and specifically exempts private transport as long as it stays below 26k single or combined. This is the kind of crVp that keeps lawyers employed and innocent people in courtrooms.. Welcome to federal government, where if the law is not screwed up in DC there are many more chances to screw it up in each state.
