rich

welcome to the wonderful world of officers interpitation of the law. plus a lot of people just hook up and go not even worrying about it and then whine when caught.

morpheus

If your license is dictating a CDL, then you are commercial. What I posted tells you what constitutes being commercial (ie CDL).

morpheus

Been thinking about this.

Take this scenario. I'm a professional (lawyer, engineer, doctor) Say I live right on the border in OK, but work across the boarder in Texas in the closest city. (next city is say 75 miles further). I'm carrying my tool (a dial caliper, cuz I'm an engineer). So, now I'm commercial? or say I'm a mechanic at a dealership and part of my job requires using my own tools. I don't think it's so cut and dry.

Busboy

Ok that same lawyer, engineer, doctor is pulling his boat with one of our trucks and on the way to the lake cottage after work, he's over the 10000# and gets stopped... Does this guy/gal get a ticket? I know it's silly but being a professional they probably have their own business and if so SHOULD get one ahead of the guy/gal who was just carrying their tools on their way to work for someone at a job.
To be honest neither should get a ticket as neither are really commercial, they need to stop ticketing people who are not really commercial, and that needs to be defined very clearly.

rich

carrying your tools to job in a trailer combo that is over the limit then using a truck to pull something recreational is different. you can carry all the tools you want as long as the combo is not over 10k crossing state lines and not have to worry about it. please read the usdot rules before assuming stuff then comment. me and a few others here deal with this crap on a daily basis

Busboy

What if that trailer looks like an RV trailer and is over the 10000# like the boat trailer would be? I'm not saying you're interpreting it wrong just the rules are wrong.

bdog

Thanks for all the replies and wow!!! Sorry I have not been on here much Rich helped me out a lot and I had a couple of meeting with the highway patrol. I have found out everything I need and have been jumping through the hoops to do it. In a nutshell.

If your vehicle, or vehicle and trailer weigh, or have a rating of over 10k AND you are crossing state lines for commercial purposes then you need the following.

USDOT number on truck
medical card for driver
log book
safety triangles
fire extinguisher
dot inspection on truck
dot inspection on trailer


Really there was not alot of cost in this other than time. I already had the required insurance. The inspection stickers are $65 instead of the regular $14. Medical cards were $45 each. DOT number was free and the stickers were $14 per truck.

I see a lot of confusion in this thread and I was confused myself until it was cleared up. For example I have four 3/4 ton trucks. They all are going to Oklahoma on the job. Only two of them haul trailers. The ones without trailers are under 10k and don't have to fool with any of this when going out of state only the ones with trailers. So the engineer or lawyer with his calculator does not have to worry unless he is driving a dually or something as they are often rated over 10k. The key here is 10k and commerce. The officer I met with said that could be anything from hauling a lawn mower across state lines to go mow a yard for ten bucks. Basically anything for profit.

rich

It doesn't matter how i or you interpret it . the officer who rights the ticket is all that matters unless you fight it then its the judge or d a

Busboy

Bdog in his last post made it very clear that he was indeed commercial.. My point is.... it should not be left to "interpretation" and really.. it's not. Over 10000# and for profit = commercial. That DOES include the lawyer, engineer, doctor and anyone else over 10000# and for profit, including the guy pulling a trailer with one of our trucks heading for a new job carrying the tools of his trade. How dumb is that?

RickCJ

Exactly! if you are commercial and over 10k you get a CDL.
If private and over 26k occasionally you do not.
What exactly is occasional? 1 time a year/1 a month/1 a week?

GAmes

You are apparantly assuming that all commercial drivers need a CDL. Not so. Even the OP doesn't need one as long as his GCWR is 26,000 or less. I drive commercially without a CDL. If that doctor or lawyer is driving across state lines with the tools of his trade in a vehicle with a GVWR over 10,000 but under 26,001, and he is traveling for compensation then technically he needs all the stuff the OP has to have, but not a CDL. I'll grant you he will never be caught, but just like speeders, there is no way to enforce the laws every time one is broken. The regs are uniform for commercial drivers period. How aggressively they are enforced varies.

Bonshawman

It is called a CDL (COMMERCIAL Drivers License), however the requirement is NOT TIED to USE - it is tied to WEIGHT:

In Florida, per the DMV (http://flhsmv.gov/ddl/cdl.html):

"To operate trucks or truck combinations weighing 26,001 lbs or more, and towing a vehicle/unit over 10,000 lbs, then a Class A license is needed".

No where is are the words "in furtherance of a business eneterprise" or "commercial" or "use" mentioned.

Your USE dictates whether you are commercial and thus must abide by State and Federal motor carrier (commercial) regulations. But the WEIGHT is what dictates the operator license class required, REGARDLESS OF USE, unless exempted specifically (such as fire truck, some agricultural, military, etc.).

I am required, by weight, to have a Class A CDL, which I have had since 1972. However, my use is strictly private, not only not-for-hire, but in no furtherance of any business enterprise (even my own), and is pleasure/recreational, I am NOT COMMERCIAL, driving my single axle Freightliner w/sleeper hauling my 40' deck trailer, either empty, or with my own possessions (which are not for sale).

I have crossed numerous state line, stopped at numerous scales in a variety of states, had my paperwork examined countless times, and the result (thus far) has always been - have a nice day !

Confusing the OPERATOR LICENSE REQUIREMENTS with USE may provide information the leads someone to assume they do not require a CDL by use, when they sure do by weight. Hopefully everyone does their own due diligence and checks their home state regulations - but most States seem to have adopted the federal standards when it comes to LICENSES, and that is how I have stated Florida requirements.

The weight issue does not seem to be one that is interpreted on the side of the road as often as the USE - which can then trigger a whole host of additional requirements (as the original poster discovered). Weight may require the LICENSE, but USE will dictate the "commercial" designation.

For example, the original poster with a pickup and trailer, not engaged in any business enterprise, still needs a CDL A if the combination is over 26,001 and the the trailer is over 10,000, (at least in Florida) but nothing further. Add business (commercial) use, same set up, and it is log book, insurance, medical card, etc.

That is why on some boards there is talks about trying to get the GVW tag reduced by the manufacturers to as to get under the 10K requirement which kicks in the commercial standards. Their use might still be commercial, but if the weights don't meet the regulation, then different rules apply.

The "license" doesn't dictate the commercial designation - the use does.

GAmes

Well said Steve. Do you mind if I plagiarize a couple paragraphs in another forum?

Bonshawman

Have at it !

One exception to the license requirement which has always irked commercial drivers in the RV (recreational) exemption. That does plug into the weight issue.

Checkmate

Since we are on this subject. Now you guys are starting to worry me.
I do construction work IN my own state. Sometimes I haul a tool trailer and leave it on the job. What is the reasoning that sometimes I see trailers with "tool trailer" painted on the sides and often time they have no plates ?? Is this some sort of way of loopholing the laws???