Illegal or just confused...

[Skyco]

The requirement for a CDL for trailers over 10K would have to be imposed by individual states, like CA; it is not a requirement of the Federal Motor Carrier Safety Administration.

Which brings me back around to my question a few posts back- if from a state that does NOT require a CDL for an over 10k trailer as long as total is under 26K- can one be ticketed in a state that does require one? I know one can be ticketed for equipment violations- bad lights, width violations etc, but can the operator be ticketed for different licensing requirements? I would think not but then that is using logical thinking

 

[RayH]

Which brings me back around to my question a few posts back- if from a state that does NOT require a CDL for an over 10k trailer as long as total is under 26K- can one be ticketed in a state that does require one? I know one can be ticketed for equipment violations- bad lights, width violations etc, but can the operator be ticketed for different licensing requirements? I would think not but then that is using logical thinking

I would say that depends on whether or not that state honors any reciprical agree with other states. Most states have it written into their laws that they will honor the legal licensing and registering of out of state drivers and vehicles. Some states dont. Im part of a couple 4X4 groups and this comes up alot dealing with suspension modifications, bumper height and tire size laws. What it usually comes down to is that if your vehicle is lagally registered, licensed and insured in your home state, you are good to good. Like any other set of laws, there are glitches in it. Example, PA has a law that states they honor the legal registration and inspection rules of other states but they also have a window tint law that states ANY vehicle operated in the state of PA can only be XXX dark. So if your vehicle has dark tint but is legal in your home state, which law do you need to comply with????

 

[mark.r]

I have been reading through many of these towing thread and as everyone has mentioned . . . CONFUSING!

My one question revolves around the actually definition of "commercial". For example, we board horses, none of which we personally own. If I cut hay for our farm to feed the horses and happen to sale any extra we might have . . . which entails me (at times) to load my equipment on a 24ft. gooseneck pulled by a F350 dually around parts of VA or MD, am I considered commercial?

 

[Mike058]

How about all of those RVs being towed all over heck and gone that weigh over 10,000? I suppose those drivers all need Class A licenses too. Many many RVs weigh more than 10k.

I own a 10k rated equipment trailer and since Dexter makes 5,200lb axles instead of 5000 lb axles, my trailer tag actually lists 10,400 as the GVWR. Dang it, I guess I am illegal again with my standard driver's license.

I found this WA State Licensing: Vehicles requiring a CDL but I'm not sure how they would interpret it. It says "All trailers with a manufacturer's weight rating of 10,001 pounds or more, if the gross weight rating of the combined vehicle(s) is 26,001 pounds or higher" The part I'm curious about is the part that is IF the gross weight rating of the combined vechile(s) is 26,001 pounds or higher. Makes it sound like if the truck has a GVWR of 14,000 pounds, or less, you could tow the 12,000 pound trailer, because 12,000+14,000 is 26,000 pounds. Another way to look at it would be subtract the GVWR of your truck from 26,000 and that's how big. legally, a trailer you can pull without the CDL. If we go back to the 10,001 pound trailer, how big a truck has a GVWR of 16,000 pounds? This tells about RV's being exempt WA State Licensing: Who doesn’t need a CDL?

 

[mark.r]

I have been reading through many of these towing thread and as everyone has mentioned . . . CONFUSING!

My one question revolves around the actually definition of "commercial". For example, we board horses, none of which we personally own. If I cut hay for our farm to feed the horses and happen to sale any extra we might have . . . which entails me (at times) to load my equipment on a 24ft. gooseneck pulled by a F350 dually around parts of VA or MD, am I considered commercial?

Perhaps I just answered my own questions. I found this on the DMVNOW.com website (VA). I don't see any reference to weight at this point all though I am still looking . . .

Who are Commercial Drivers?
Commercial drivers are all persons, paid or volunteer, who operate commercial motor vehicles. Volunteer drivers of church buses, private or public school buses and mechanics who test drive commercial vehicles must meet commercial driver's license requirements.

Commercial driver's license requirements don't apply to:

Operators of emergency vehicles, such as firefighters
Active duty military personnel operating military vehicles
Operators of farm vehicles when:
Used by farmers
Used to move farm goods, supplies or machinery to or from their farm
Not used as a common or contract motor carrier, and
Used within 150 miles of the farm
Operators of vehicles, such as recreational vehicles and rental moving vans, used only for personal use.

So does that mean that in VA at least you have to have you truck/trailer tagged as a farm vehicle or is simply considered a farm vehicle because it is in use while I am pulling a load full load of square bales or full size utility tractor to a field to bale.


Then of course they have this . . . which confuses me.

What is a Commercial Motor Vehicle?

A single vehicle with a gross vehicle weight rating (GVWR) of 26,001 pounds or more
A combination of vehicles with a gross combination weight rating (GCWR) of 26,001 pounds or more if the vehicle(s) being towed has a GVWR of more than 10,000 pounds
Vehicles that carry 16 or more passengers, including the driver
Any size vehicle that transports hazardous materials and that requires federal placarding

 

[Rara Avis]

Perhaps I just answered my own questions. I found this on the DMVNOW.com website (VA). I don't see any reference to weight at this point all though I am still looking . . .



So does that mean that in VA at least you have to have you truck/trailer tagged as a farm vehicle or is simply considered a farm vehicle because it is in use while I am pulling a load full load of square bales or full size utility tractor to a field to bale.


Then of course they have this . . . which confuses me.

What is a Commercial Motor Vehicle?

A single vehicle with a gross vehicle weight rating (GVWR) of 26,001 pounds or more
A combination of vehicles with a gross combination weight rating (GCWR) of 26,001 pounds or more if the vehicle(s) being towed has a GVWR of more than 10,000 pounds
Vehicles that carry 16 or more passengers, including the driver
Any size vehicle that transports hazardous materials and that requires federal placarding

You do NOT have to license it as a farm vehicle...if you are stopped, you just have to state that it is for farm business and make sure you are within 150 miles of your farm...

 

[mark.r]

You do NOT have to license it as a farm vehicle...if you are stopped, you just have to state that it is for farm business and make sure you are within 150 miles of your farm...

Well, I can't see myself being further than that! I know this has been debated to death but I think after having looked further into the VA regs the seem to make sense. In my case the trailer would be over 10,001lbs but the in total the combination of truck, trailer, and load would NOT be over 26,001lbs. so NO CDL is needed . . . regardless of farm use or not.

 

[txslowpoke]

Here are some questions you must answer.
Is the equipment you haul to further your business. Meaning does this stuff you haul help your business make money?
If yes, then yes you have to have a class A IF and only IF you cross state lines that would put you under USDOT regs. Now if you only Haul in your home state, then you go by thier regs. Ex. Texas is 26k. So as long as you dont go over 26k gross, stay in Texas you dont need CDL. Now if you cross state lines the thresh hold drops to 10k.

Now if your hauling for personal use you dont need to worry, might have to explain it to DOT if they pull you over. Just think of all them snow birds pulling 3 axles RV's with there 3/4 tons...........
Just remember there are 2 different weights classes for commercial loads. In state, its your local state limit which sounds like Texas at 26k, if you cross state lines for business it falls under USDOT regs which is 10k limit. Maybe thats why the scale house trooper said 10k and the office troopers said 26 k.
Its not hard to understand if you understand the system.

THe company I work for has 6- 3/4 tons that pull 12k capacity utility trailers in Texas, 3 bobtail tractors, 1 F-650 20' bed with 25900 gvw, 1- f-650 with 48' float, and 1 KW with 48 float.
The 3/4 tons and f-650 20' flatbed, no CDL needed.
The 3 bobtails need a cdl because they are over 26k gvw, the f-650 same thing, all 4 registered under TXDOT.
The Kenworth is our only out of state running truck so we have setup as fleet #2 with 2 drivers following the USDOT log rules, which differs from Tx. Plus you have your farm/ranch exemptions which in Tx is 54k, so a farmer can gross upto 54 k without screwing with DOT.
Clear as mud I am sure.
Just remember you have 2 sets of laws to go by if your a business. Your home state regs and if you cross state lines USDOT--10k.
Personall use you may need to watch axle and tire weight limits.
BTW- you can load more than 10k on a trailer with 2 5k axles, you are putting weight on the truck through the hitch, just got to load it right.
I do commend you for spending the $ stepping up in equipment size.