commercial driver's license requirements

[dhagood]

given that the gross vehicle weight rating (gvwr) and gross cargo weight rating (gcwr) for new pickup trucks is now greater than 30,000 pounds, there is a lot of concern about whether or not a commercial driver's license is required to legally own and operate these vehicles. i don't claim to be an expert and the following is worth exactly what you've paid for it. i do however hold a current class a cdl issued by colorado and i do have over 8 years experience driving class 8 trucks hauling all manner of freight from fuel to steel to food to machinery.

so. the federal government created the federal motor carrier safety administration (fmcsa) which is under the federal department of transportation. the mission of fmcsa is "to prevent commercial motor vehicle-related fatalities and injuries." one of the main things fmcsa does to fulfill its mission is develop standards to test and license cdl drivers. the regulations fmcsa has developed are available online.

per the federal government per 383.91 Commercial motor vehicle groups., the different classes of cdl are:

ｧ 383.91 Commercial motor vehicle groups.

(a) Vehicle group descriptions. Each driver applicant must possess and be tested on his/her knowledge and skills, described in subpart G of this part, for the commercial motor vehicle group(s) for which he/she desires a CDL. The commercial motor vehicle groups are as follows:

(1) Combination vehicle (Group A)輸ny combination of vehicles with a gross combination weight rating (GCWR) of 11,794 kilograms or more (26,001 pounds or more) provided the GVWR of the vehicle(s) being towed is in excess of 4,536 kilograms (10,000 pounds).

(2) Heavy Straight Vehicle (Group B)輸ny single vehicle with a GVWR of 11,794 kilograms or more (26,001 pounds or more), or any such vehicle towing a vehicle not in excess of 4,536 kilograms (10,000 pounds) GVWR.

i imagine most people have seen the magic number of 26,001 pounds before. this particular fmcsa regulation is where the 26,001 pound requirement comes from. if you have a combination vehicle that weighs more than 26001 pounds or has a gcwr of greater than 26,001 pounds and the trailer gvwr is greater than 10,000 pounds, then you would need a class a cdl if the vehicle in question is a commercial motor vehicle. note that only commercial motor vehicles are required to be operated by cdl drivers. if the vehicle in question is not a commercial motor vehicle, you don't need a cdl to drive one. so, what's a commercial motor vehicle?

once again per the federal government per 383.5 Definitions, the definition of a commercial motor vehicle is:

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

(1) Has a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater; or

(2) Has a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 pounds or more), whichever is greater; or

(3) Is designed to transport 16 or more passengers, including the driver; or

(4) Is of any size and is used in the transportation of hazardous materials as defined in this section.

this section contains the phrase "used in commerce to transport passengers or property". if your vehicle, combination or otherwise, is used in commerce and meets the weight requirements, then the drive must have the proper class of cdl. if the vehicle is not used in commerce, then a cdl is not required to operate that vehicle. "used in commerce" means that money is being exchanged, ie, the operator is being paid for driving the vehicle.

this fmcsa section also has an informative graphic which i include for those that don't follow the links to the fmcsa site:

so let's use some real world examples. you have a large boat that you own and, using your one ton dually pickup truck, you haul said boat on its trailer across multiple states and take a boating vacation at lake of the ozarks. just for grins, you weight your pickup, trailer, and boat at a public scale and note the gross vehicle weight is 31,000 pounds. you do not need a cdl to legally operate this vehicle, because this vehicle is not a commercial motor vehicle.

if you have a boat delivery service, and you attach your 7000 pound pickup truck to a trailer with a gvwr of 20,000 pounds to haul the boat and trailer to a lake, you are required by the federal government to have a class a cdl to operate this commercial motor vehicle. this vehicle is being used in commerce, ie, you are being paid to operate this vehicle, and is above the weight ratings required for a class a cdl. please note that the states can't legally waive or ignore these requirements, and while the state police might not be actively enforcing the requirements, federal agents can and will ticket you if they catch you in violation.

and while the penalties for not having a cdl when you are required to have one are pretty steep, that's not the real issue. let's say you are driving a commercial motor vehicle without benefit of the appropriate cdl and are stopped at a stop light, minding your own business. some drunk passes out behind you, hits the back of your commercial motor vehicle, and kills himself. if it comes out that you were in a commercial motor vehicle and didn't have the appropriate license, you can be held at fault for the accident. and i'm not talking just about being sued back to the stone age, i'm talking about going to prison for vehicular homicide. not jail, prison. no, i'm not kidding, and yes, it does happen.

if you have any concerns that you might need a cdl for the vehicle you drive, call your local highway patrol or your state department of transportation and explain the your situation. most of the people i've dealt with over the years are usually pretty reasonable and work pretty hard at educating the public.

once again, i'm not an expert, and you use the information and analysis i've provided at your own risk. if you get stopped by the cops and try to weasel out from your transgressions by quoting some guy on the internet, the cops will laugh as they write the tickets.

 

[kevin37b]

Commerce . Is that the driver getting paid , the truck being for hire , or both .

 

[gemstarfarm]

I have not heard of any agency targeting a driver and his license. I have however heard of them ticketing for not having the proper weight class tags and registration. I had an F150 ...7500 gross. Regular auto tags. Traded it in for a 2500HD...10000+ gross. Kept the old tags saved $50.00. Virginia DMV said oh no you have to pay for the heavier weight.

 

[RickB]

I have not heard of any agency targeting a driver and his license. I have however heard of them ticketing for not having the proper weight class tags and registration. I had an F150 ...7500 gross. Regular auto tags. Traded it in for a 2500HD...10000+ gross. Kept the old tags saved $50.00. Virginia DMV said oh no you have to pay for the heavier weight.

Being ticketed for driving out of class is not at all unheard of "here".

 

[gemstarfarm]

Being ticketed for driving out of class is not at all unheard of "here".

Its all about revenue. On the NC coast they were stopping people towing boats for weekenders and weighing them writing tickets.

 

[RickB]

Being ticketed for driving out of class is not at all unheard of "here".

Its all about revenue. On the NC coast they were stopping people towing boats for weekenders and weighing them writing tickets.

Some of it is about actually being qualified to drive the vehicle you are sitting in.

 

[plowking]

The dot officer I heard at a seminar said there is a CDL A with pintle hook endorsement. That is for landscapers or others that don't drive a tractor trailer combination. This also stops drivers from getting CDL A license by taking test on a non fifth wheel combination. plowking

 

[gemstarfarm]

Some of it is about actually being qualified to drive the vehicle you are sitting in.

Agreed.

but....

you are qualified to drive your work rig what ever it may be, you go home get in your 1t p/u pull your tractor over to your neighbors to do some work, you get stopped and weighed and ticketed for driving 30,000 because you dont have a dot number on it . Thats about Revenue.

I think thats what the OP is wondering about.

 

[RickB]

Agreed.

but....

you are qualified to drive your work rig what ever it may be, you go home get in your 1t p/u pull your tractor over to your neighbors to do some work, you get stopped and weighed and ticketed for driving 30,000 because you dont have a dot number on it . Thats about Revenue.

I think thats what the OP is wondering about.

You quoted my comment about driving out of class, did you not? I responded to a comment about "targeting licenses" , not DOT numbers.

 

[sam5570]

man this dicusion can go on for ever. i have a cdl class a and i have had it for 13 years. and i can tell you that the rules are so twisted and confusing sence they created this [fmcsa] that nobody has a clear answer to any of the questions. here is the big problem alot of people run into. what might be legal in your state isn't legal in other state's witch make's no sence at all. if the federal goverment makes a it is suppose to apply to all states, but here is where the problem is the states will right amendents to the law [witch should not be allowed] and if you happen to get pulled over or go thru traffic check it really just depends on what kinda day that cop is having. the law's are so crupt and unclear that they can be interpeted in what ever way the cop wants to do it. just to add this in [virginia] now if you have a cdl licenses you have to keep a updated medical card[weather or not you are driving a truck that requires it] or the state will suspend yor licenses.