once again dot regs and us

[Frank J. Lloyd]

Originally posted by Rick Hansen:
I think I see what may be happening relative to the 10k question. Perhaps this is why there is so much difference of opinion if I am interpreting all of the rules correctly:
1. Federal regs say you are commercial only if greater than 26001 lbs.
2. Texas says the same thing
3. Some states must say if trailor exceeds 10000 lbs it is commercial
4. If the states rules are less than the Federal Govt (requires CDL if trailer g. t. 10k) then you must be in a state of limbo because Federal rules don't apply because you are not commercial even though the state may say you are.

Is this a correct assumption above?
How many states require commercial CDL if trailer is greater than 10K?

You got it, isn't it just clear as a glass of muddy water once you read it 10,000 times?

 

[rob10858]

its kind of like this. if you pull up to a scale,and someone comes out to meet you, they ask for your truck registration. our trucks now have co name and dot #s . we are under 26000, they ask for logbooks and i tell them that we dont have them. "why not" were not commercial by law. "then why do you have dot #s" because we were told we were supposed to have them. "then you are commercial" nope. thats when you smile and let them try to figure it out. the reason that this discussion goes on and on is that there is no clear definition anywhere that i have found. duallys pulling heavy loads really confuses everyone. ive sat in the weigh shack many times and listened to the officers debate before finally being glared at and told "you guys can go" the only fine that ive ever had to pay on any of our 12 trucks was an overweight ticket in sc and thats in 15 years. {and in that case we were over 26000} as ive stated before, our worst fears {and it should be yours} is an out of service violation. in that case you are impounded and fined until the violation is corrected. by the way , no logbook, or an out of date logbook is impoundable violation. i dont mind being checked for safety rgs, and i feel that our rigs are as safe from top to bottom as anything on the hwy, but when i face downtime on one of my trucks for a regulatory snaffu it really irkes me. after all of these posts we really are right back where we started. oh, by the way, if any of you guys want to know what a safety insp consists of let me know.

 

[zzman]

Here is what I found in Texas. CDL not needed
for persoal use.
Texas Commercial Driver License Information

All drivers who operate a commercial motor vehicle will be required to have a CDL. To determine the class of CDL, refer to section "Different Classes of CDL’s".

The law does provide provisions for some exemptions, using the CDL 2, Exemption form required. If the driver meets one or more of the criteria listed on the following page, he/she will not be required to have a CDL. However, the driver will be required to have a Class A, B, or C Non-CDL License.

Exemptions:

A vehicle that is controlled and operated by a farmer; and used to transport agricultural products, farm machinery, or farm supplies to or from a farm; and not used in the operations of a common or contract motor carrier; and used within 150 air miles of the person’s farm.

A Fire-fighting or emergency vehicle necessary to the preservation of life or property or the execution of emergency governmental functions, whether operated by an employee of a political subdivision or by a volunteer fire-fighter.

A recreational vehicle that is driven for personal use.

A military vehicle, when operated for military purposes by military personnel.

A vehicle that is owned, leased, or controlled by an air carrier, as defined by Texas Trans. Code (TRC) section 21. 155.

A vehicle used exclusively to transport cotton modules or cotton burrs.

 

[Ladders]

Got to add to this:
My NM lisc reads "Class: D - Single vehicle less than 26,000 lb. GVWR. May not tow vehicle in excess of 10,000lb. GVWR unless equipped w/class 4 equalizer hitch or 5th wheel. "

So how much can I tow? I can drive a single unit of 26k or less, and I can tow a trailer up to ??? if it has the hitch requirements.

Lets lay this out: So my tow unit weighs 25k and my trailer weighs 75k (hitch and tow unit spec'd for this weight). Still legal in NM and other states would have to honor this because my lisc says so. I dont see any top limit on the trailer I can tow as long as it meets the class D requirements. This is one reason we are "confused". The CDL requirements may be clear and the same across all 50 BUTT, the individual state lisc's and their definition(s)can vary too much. The feds may need to set the "standard" for all of these "other" classes. If I recall (memory problem) some of the states I was stationed in, you could drive a "motor bike" with a "standard" lisc and in others you need an endorsement or special lisc.

State-2-State rules do differ and need some form of "standard". The "locals" dont know every rule/standard for all the other 49 states. They may know the laws for those surronding them because they "deal" with these drivers all the time. How would a Maine officer handle my situation above (100k total weight)? (this is all "hypo-theory-non-eticsall")

SOTSU!!
\\BF//

[This message has been edited by Ben Stair (edited 02-22-2001). ]