cp1969 said:
Joe Blow can NOT haul what he pleases, regardless of whether it's "personal non-commercial use" if the weight of his truck or trailer puts him in the category of needing a CDL under Federal law, unless that exemption is spelled out under Federal, not state, law. For instance, the Federal law says that once you hit 26,001 lbs, a CDL is required. Michigan cannot say, "Well, we know what the Feds say, but we think we'll let people operate up to 30,000 lbs without a CDL as long as it is for personal use."
That isn't how it works. Federal law trumps State law, every time. I said earlier that States could pass more restrictive laws, but I'm not sure even that is true in the case of the CDL laws. What caused them to come into existence at the Federal level in the first place was the fact that there was so much variance in licensing procedures and requirements from state-to-state that it was ridiculous.
I am generally not in favor of using Federal laws to regulate everyday behavior; I think the states should be allowed to decide for themselves how many laws to pass and how to enforce them. But with the driver and vehicle licensing, the possibility of movement between states means that a driver had to figure out if he was legal in every state in which he proposed to travel. You could be legal in your home state and nowhere close to legal in another. The CDL was supposed to eliminate that...comply with the CDL regs, and you're legal everywhere.
Below is from the Michigan CDL Guide. Read the exemptions and tell me what you think. The farmer needs an F over 26,000, but it sure looks like firemen and individuals are exempt.
Who Needs a Commercial Driver License (CDL)?
Any Michigan resident who intends to operate the following commercial vehicles is required to have a commercial driver license:
Single Vehicles - Having a gross vehicle weight rating (GVWR)* of 26,001 pounds or more.
Combination Vehicles - Towing a trailer or other vehicles with a GVWR of 10,001 pounds or more when the gross combination weight rating (GCWR)** is 26,001 pounds or more.
Vehicles:
Designed to transport 16 or more people (including the driver)
Carrying hazardous materials in amounts requiring placarding
*Gross Vehicle Weight Rating (GVWR) is the recommended maximum total weight of the vehicle and load as designated by the vehicle manufacturer. The GVWR label is usually found on the driver side door post of the power unit and on the front left side of the trailer. The GVWR should not be confused with the elected gross vehicle weight (GVW) which is declared by the vehicle owner for registration purposes.
**Gross Combination Weight Rating (GCWR) means the value specified by the manufacturer as the maximum loaded weight of a combination vehicle. In the absence of a label, the GCWR can be calculated by adding the GVWR of the power unit to the GVWR of the vehicle(s) or trailer(s) being towed.
Exemptions
The following people do not need a CDL:
Active Duty Military (including National Guard): With military licenses operating military vehicles.
Police Officers and Firefighters: Meeting approved training standards and operating authorized emergency vehicles.
Farmers: Operating vehicles within a 150 mile radius of their farm.
An F-endorsement is needed by farmers operating combination vehicles whose towing vehicle has a GVWR of 26,001 pounds or more. A knowledge test, but no skills test, is required to obtain the F-endorsement.
However, farmers who carry hazardous materials in amounts requiring placarding while operating combination vehicles whose towing vehicle has a GVWR of 26,001 pounds or more, or a single vehicle with a GVWR of 26,001 pounds or more, need a CDL with a hazardous materials endorsement.
Individuals: Operating motor homes or other vehicles used exclusively to transport personal possessions or family members, for non-business purposes.
Related Documents
> Michigan Commercial Driver License Manual - 2810323 bytes
