Truck & Trailer GVW tag v/s DOT

[RustyJC]

If this took place in Texas, it makes no sense. Ignoring Class M (motorcycle) licenses, Texas has Class A, B and C licenses in both commercial and non-commercial categories. The difference between driving a 3/4 and a 1 ton truck should make no difference whatsoever in regard to whether a commercial or non-commercial license is required - that's based strictly on whether or not the truck is being used for a non-excluded commercial (i. e. , for profit) venture. Strictly speaking, 1/2 ton trucks pulling landscape trailers require a commercial license, and some Harris County yard crews have found this out the hard way.



Rusty

 

[HBarlow]

I had always believed you had to be carrying the weight commercially. For instance having #26,000 loaded for pay. We were building a barn on our family farm last year and had the metal delivered. We needed three more 8" 14 ga by 24' C channels and one more 4X4 X24 10 ga stick of square tube. I am guessing but would say not more than 300 lbs of material. Had a friend that was helping who volunteered to pick up the metal. His father sales trailers and he borrowed a 24' GN 14,000 gvw two axle single wheels and was pulling it with his Dodge dually. DPS (DOT) stopped him and wrote him a ticket for no CDL. He told me the trooper told him if he was pulling the trailer with a 3/4 ton he would not need a CDL but since he was pulling it with a dually the CDL was needed. Guess maybe everybody needs to go ahead and get a CDL just to be on the save side.

The trooper apparently believed your friend was hauling the steel for hire or was being paid for the building construction which would have made him commercial. Your friend could probably get the ticket dismissed by a judge if you went along and testified that he was doing you a favor not being compensated.

Rusty the distinction between a Ram 2500 with a GVWR under 10k and a late model Ram 3500 dually with a GVWR of 12,500 did make a difference in this situation. When the trooper added the GVWR of the truck and GVWR of trailer the combined rated weight exceeded 26,000 lbs. DOT cops enforce rated or actual weights if the driver does not have a CDL.

In this situation the trooper was mistaken in his understanding or believed the driver was commercial therefore a CDL was required.

 

[HBarlow]

I had always believed you had to be carrying the weight commercially.

You were basically correct. The distinction is actually hauling for hire or engaged in commercial activity.

Technically, even if your friend was being paid with a case of beer he was being compensated although that is a petty interpretation and many DOT cops would let it slide.

Also, if your friend was the building installer or the seller of the steel he would be engaged in commercial activity and would need a CDL.

In this case, since the weight of the steel was only 200 lbs. or so the actual over the scales weight of truck and trailer was well under 26k but rated or potential weight exceeded 26k. That is what the trooper acted on. Had your friend been using a Ram 2500 he would have been okay.

 

[MChildress]

I believe he already paid it. He is a college friend of my son's at A&M and was just trying to help out. I did give them some pocket money for helping out for the weekend. So I guess now days that would define commercial. Really pretty sad. I would usually run errands like this with my own farm trailer but they volunteered to pick it up on the way since they were going by the metal yard. I will know better next time. Thanks for the info.