I almost broke the law...alot

[Steve_a_reno]

Kevin,

This is an area of the law I am very unfirmilar with. None of these laws are in the Model traffic code for Municipalities because they are at the state level and violations of this sort are written into county courts...in Colorado any way. Im just digging into this since I found out recently, the mistake I made. I'm guessing the Feds have set a standard for states to follow starting with Class "C", non CDL combination of 26001.
Get a class "B" you can drive a single unit over 26,001 and tow up to 10,000.
Get a Class "A" you can drive a single unit over 26,001 and tow over 10,000.
This is whats in the Colorado CDL manual.

I also had the option to test for Class A, using my pickup truck/trailer combo and my license would have "N/T/T" for NO TRACTOR TRAILER.

Now if we aren't confused enough, I'll throw this in, in Colorado a commercial vehicle is also any combination rating (GCWR) of 10,000 lbs which the vehicle
is used in commerce on the public highways of the state. I'm not trying to kick another hornets nest, but anyone reading this, be careful how you register your private vehicles. If my pickup or trailer is registered in my company name, lets say Joe Blow's landscaping, thats commercial I'd say. How about what we are hauling? If I took my tractor in for repair, I'd say thats a private matter. If I'm hauling my tractor to do a backhoe job, and getting compensation, I'd say that was commerce or commercial. Not sure the State Troopers would ask, but I would count on that. I would suggest that when you register your private (Non CDL) vehicles, put them in your name and not your company if you plan to use them non commercially. I think it might save you grief down the road. Your state may have other definitions,
and this is only my opinion here in Colorado.

This has been a great discussion!

Steve

 

[QRTRHRS]

How about what we are hauling? If I took my tractor in for repair, I'd say thats a private matter. If I'm hauling my tractor to do a backhoe job, and getting compensation, I'd say that was commerce or commercial. Not sure the State Troopers would ask, but I would count on that. I would suggest that when you register your private (Non CDL) vehicles, put them in your name and not your company if you plan to use them non commercially. I think it might save you grief down the road. Your state may have other definitions,
and this is only my opinion here in Colorado.

This has been a great discussion!

Steve

Absolutely the state troopers will ask. This has been going around for a couple of years now especially with the folks hauling race cars, horses, etc.

Here you are with your trailer emblazoned with lettering, stickers, etc. pertaining to your activities and are pulled over. The officer may ask you if you had a good day. Seems innocent right? You say you won such and such. Guess what, you are now commercial since it is a business activity.

Now, perhaps in addition to a CDL, you need a med card and perhaps logs. And, don't forget that that radar detector on the dash is verboten in a commercial vehicle.

I really never heard of any small combos getting worked over hard like a level one inspection on a big rig but that breakaway switch better work.

 

[RayH]

When I had my part time business, I had a 1 ton dump rated for 14400lbs. Legally, in WV, the truck shouldve been commercial and be registered with the USDOT because I operated it for my business and across state lines (interstate commerce). But I kept it titled, licensed and insured to me personally and I had no business markings on it. As far as the DOT was concerned, it was a 1 ton dually just like every other 1 ton dually on the road except it had a dump bed.

 

[Andy-H]

RayH, Maybe I didn't describe my situation with the rental business owner, he needed me to have an,"A" license and was willing to pay for me to get it. We parted ways over the salary he wanted to pay. A month later landed a job with the railroad

 

[Jarrett]

I just scanned this straight from the Louisiana Driver's Manual for Commercial Vehicle Licensing.

 

[rback33]

Absolutely the state troopers will ask. This has been going around for a couple of years now especially with the folks hauling race cars, horses, etc.

Here you are with your trailer emblazoned with lettering, stickers, etc. pertaining to your activities and are pulled over. The officer may ask you if you had a good day. Seems innocent right? You say you won such and such. Guess what, you are now commercial since it is a business activity.

Now, perhaps in addition to a CDL, you need a med card and perhaps logs. And, don't forget that that radar detector on the dash is verboten in a commercial vehicle.

I really never heard of any small combos getting worked over hard like a level one inspection on a big rig but that breakaway switch better work.

There are animal husbandry exemptions... still governed by weight, air brakes and so forth... most large horse trailers and pickups are expempt...we run ours as a small business and I don't worry at all....

 

[CharlieTR]

So anyone one in the insurance biz know what the insurance company would do in case of an accident where a driver does not have proper CDL for his load? At the least I would think there is more liability risk if you don't have the CDL when needed.

 

[cp1969]

I don't know what would happen but I've got a pretty good guess--some insurance companies, not all, will use the fact that you are improperly licensed as an excuse to not pay.

 

[dmccarty]

Regarding registrations. A few years ago in NC If your GVW was over something like 6,500 pounds you needed a Commericial Plate. But to get a Commercial registration you had to be for hire or a business. Since my truck at the time had a CVW of around 8,500 pounds I could not have a regular registration. But since the truck was not a business truck and not for hire I could not have a Commercial plate. Thus, as I pointed out to the lady at the DMV, my truck was outside the registration statutes and my truck did not need a plate. She did not see the humor in this observation.

I got regular plates and registration on that truck.

Now there is a weighted registration which is what you see must PUs using.

Later,
Dan

 

[kevinj]

I just scanned this straight from the Louisiana Driver's Manual for Commercial Vehicle Licensing.

Look a bit further in the manual, Michigan has an exclusion for non commercial drivers hauling for personal use.