Towing and Hauling / RV Discuss towing and hauling here. Share your tips and tricks. RV and camping discussion welcome.

new trailer ,need cdl ?

Thread Tools
 
Search this Thread
 
Old Nov 14, 2006 | 08:33 PM
  #76  
nsxt's Avatar
Registered User
 
Joined: Apr 2006
Posts: 108
Likes: 0
From: Albuquerque
From: Interpretation for Part 383: Also found by using the 'Interpretation' link on the web page you pointed to.

Question 2: Is a driver of a combination vehicle with a GCWR of less than 26,001 pounds required to obtain a CDL even if the trailer GVWR is more than 10,000 pounds?

Guidance: No, because the GCWR is less than 26,001 pounds. The driver would need a CDL if the vehicle is transporting HM requiring the vehicle to be placarded or if it is designed to transport 16 or more persons.
------------------
383.91 (a)(1) Combination vehicle (Group A) — Any combination of vehicles with a gross combination weight rating (GCWR) of 11,794 kilograms or more (26,001 pounds or more) provided the GVWR of the vehicle(s) being towed is in excess of 4,536 kilograms (10,000 pounds).
-------------------

So, 383.91 is consistent with the definition of a CMV in 383.5, and throughout the FMCSA.

The F450 has a manufacturer's spec GCWR of 26000. That spec from the manufacturer meets the definition of GCWR in 383.5 and elsewhere in the FMCSA. Since 26000 is less than 26001, my combination doesn't require any CDL, regardless of GVWR of the trailer. If my ACTUAL combined weight exceeded the manufacturer's GCWR spec or was loaded such that any GAWR or GVWR of either truck or trailer was exceeded, or the load rating of its tires, then I may be subject to an overweight fine if the load was too much or cannot be relocated appropriately. Still no CDL is required.
Reply
Old Nov 18, 2006 | 04:51 PM
  #77  
GAmes's Avatar
Registered User
 
Joined: Mar 2006
Posts: 1,269
Likes: 0
From: Killeen, Tx
Originally Posted by nsxt

The F450 has a manufacturer's spec GCWR of 26000. That spec from the manufacturer meets the definition of GCWR in 383.5 and elsewhere in the FMCSA. Since 26000 is less than 26001, my combination doesn't require any CDL, regardless of GVWR of the trailer. If my ACTUAL combined weight exceeded the manufacturer's GCWR spec or was loaded such that any GAWR or GVWR of either truck or trailer was exceeded, or the load rating of its tires, then I may be subject to an overweight fine if the load was too much or cannot be relocated appropriately. Still no CDL is required.
It is obvious from your posts that you have never driven the first mile for hire. GCWR, if you are driving for hire, is the total of the GVWRs of truck and trailer, period. Manufacturers GCWR doesn't mean squat to the DOT. You were busted and are now venting your feeble arguements by combining out of context and irrelevent exerpts from different sources. Here is the deal. When driving for hire the rules are the same nation wide. If not for hire you fall under the rules of the state that issues your drivers license and registration. Pay the fine and quit
Reply
Old Nov 19, 2006 | 08:57 AM
  #78  
k-bit's Avatar
Registered User
 
Joined: Jan 2006
Posts: 68
Likes: 0
From: Upstate NY
They are referring to a gross combined weight rating - my pickup is rated at 8800 gvrw and my trailers are rated at 12500 gvrw for a combined gcwr of 21300. I am less than 26001 so I am good with my class D license for either my travel trailer or my enclosed car trailer as long as I am personal use--not for hire.
Reply
Old Nov 19, 2006 | 10:47 AM
  #79  
Patrick Campbell's Avatar
Registered User
 
Joined: Mar 2003
Posts: 1,787
Likes: 0
From: Central VT
The problem is that states have taken the definition of GCWR (GVWR of truck plus GVW [ACTUAL WEIGHT] of trailer), and changed it to GVWR of truck plus GVWR of trailer. Is it your responsibility to know that the state's definition of GCWR is different from the FMCSA definition? I am not so sure...

The fact is, his GCWR by the FMCSA green book definition was under or equal to 26,000....
Reply
Old Nov 19, 2006 | 11:07 AM
  #80  
GAmes's Avatar
Registered User
 
Joined: Mar 2006
Posts: 1,269
Likes: 0
From: Killeen, Tx
Originally Posted by nsxt
We went through the same issues towing through Arizona and New Mexico a while ago. The trailer had GVW 21,000, the F450 truck GVW was 11,500. With an unloaded trailer, we were certainly under 26,000. The cops said it was sum total GVW based, said we needed CDL and cited us. The cops did not fully understand the law.

Similar to the Michigan wording, the Arizona law 28-3101 says a Class D license is valid when:

(4) (c) A motor vehicle with a gross vehicle weight rating of twenty-six thousand pounds or less that tows a vehicle with a gross vehicle weight rating of more than ten thousand pounds if the combined gross vehicle weight rating is less than twenty-six thousand one pounds.

Obviously, the key wording is:
if the combined gross vehicle weight rating is less than twenty-six thousand one pounds.

The F450 has GCWR (Gross Combined Weight Rating) of 26,000. This has nothing to do with what the trailer is rated. When we pointed this out to the prosecutors, they were already aware of the issue due to having the same cops having a history of mistakenly citing people. They prosecutors said we were in compliance and did not need CDL.

They said if there is no GCWR on the truck, then they use the sum total GVWs of truck and trailer.
Speaking of key wording........." combined gross vehicle weight rating"
means the gross vehicle weight ratings are added together, and "gross combined weight rating" is the rating the manufacturer puts on a vehicle for towing. It is all in the order of the wording.
Reply
Old Nov 20, 2006 | 08:07 AM
  #81  
nsxt's Avatar
Registered User
 
Joined: Apr 2006
Posts: 108
Likes: 0
From: Albuquerque
Evidently somebody missed post #68

FMCSA 383.5 defines GCWR:

Gross combination weight rating (GCWR) means the value specified by the manufacturer as the loaded weight of a combination (articulated) vehicle. In the absence of a value specified by the manufacturer, GCWR will be determined by adding the GVWR of the power unit and the total weight of the towed unit and any load thereon.
-------

While its true many States have reworded GCWR to be GVWR of truck +GVWR of trailer(s) to make spot checks easy, this is not how the FMCSA is worded.

For those of you who said the FMCSA reads that way, please post a link which shows it.
Reply
Old Nov 20, 2006 | 11:03 AM
  #82  
RickCJ's Avatar
Registered User
 
Joined: Dec 2002
Posts: 1,170
Likes: 0
From: Hollidaysburg PA
Originally Posted by nsxt
Evidently somebody missed post #68

FMCSA 383.5 defines GCWR:

Gross combination weight rating (GCWR) means the value specified by the manufacturer as the loaded weight of a combination (articulated) vehicle. In the absence of a value specified by the manufacturer, GCWR will be determined by adding the GVWR of the power unit and the total weight of the towed unit and any load thereon.
-------

While its true many States have reworded GCWR to be GVWR of truck +GVWR of trailer(s) to make spot checks easy, this is not how the FMCSA is worded.

For those of you who said the FMCSA reads that way, please post a link which shows it.
This is simple if GCWR is posted on your truck DOT will go by that! You must have your registration match your weights. If not posted they will go by GVWR. If your little toy trailer is under 10k they do not count. Once your trailer is over 10k you have to register your truck and trailer as a combo, then GVWR apply. See simple!
Reply
Old Nov 20, 2006 | 11:21 AM
  #83  
REF>Lancer's Avatar
Registered User
 
Joined: Jul 2006
Posts: 451
Likes: 0
From: Lewiston ID
Keep your weight under 26k and it will be fine.
Reply
Old Nov 20, 2006 | 04:49 PM
  #84  
herb's Avatar
Thread Starter
Registered User
 
Joined: Dec 2003
Posts: 1,686
Likes: 0
From: Battle Creek Michigan
Originally Posted by RickCJ
This is simple if GCWR is posted on your truck DOT will go by that! You must have your registration match your weights. If not posted they will go by GVWR. If your little toy trailer is under 10k they do not count. Once your trailer is over 10k you have to register your truck and trailer as a combo, then GVWR apply. See simple!

If it is so simple why are there so many different interpretations of the legal explanations ?
Reply
Old Nov 20, 2006 | 05:11 PM
  #85  
RickCJ's Avatar
Registered User
 
Joined: Dec 2002
Posts: 1,170
Likes: 0
From: Hollidaysburg PA
Originally Posted by herb
If it is so simple why are there so many different interpretations of the legal explanations ?

I guess a lot of people can't read!
Reply
Old Nov 23, 2006 | 06:44 PM
  #86  
GAmes's Avatar
Registered User
 
Joined: Mar 2006
Posts: 1,269
Likes: 0
From: Killeen, Tx
Originally Posted by nsxt
Evidently somebody missed post #68

FMCSA 383.5 defines GCWR:

Gross combination weight rating (GCWR) means the value specified by the manufacturer as the loaded weight of a combination (articulated) vehicle. In the absence of a value specified by the manufacturer, GCWR will be determined by adding the GVWR of the power unit and the total weight of the towed unit and any load thereon.
-------

While its true many States have reworded GCWR to be GVWR of truck +GVWR of trailer(s) to make spot checks easy, this is not how the FMCSA is worded.

For those of you who said the FMCSA reads that way, please post a link which shows it.
I am completely lost as to the intent of your posts and what your arguement is. Are you making a case for commercial or non-commercial driving? If non-commercial then the states can make any law they want, regardless of FMCSA. If commercial, all states are the same. Federal law states that a CDL is required if you have a combination vehicle with a combined gross vehicle weight rating (CGVWR) of more than 26,000 pounds when the trailer has a GVWR of more than 10,000 pounds. Were you for hire when you were ticketed or not?
Reply
Old Nov 25, 2006 | 04:17 AM
  #87  
AkTallPaul's Avatar
Registered User
 
Joined: Nov 2006
Posts: 277
Likes: 0
From: Delta Jct Alaska
Retired Long haul Driver here....Games is pretty much right...The DOT are GOD They are the ones with the guns and badges.
Herb....yes you will need a CDL, even if you don't, and get pulled in for a check an the officer ask if you do its a lot cheaper to say yes and hand him one. I wish everybody should have to take a CDL (or some kind of test) to insure that the driver has the proper knowledge and abilities to safely operate a oversize vehicle
If you haul over what your axles are rated at you will get ticketed and shut down till you make it legal
Reply
Old Nov 25, 2006 | 02:56 PM
  #88  
herb's Avatar
Thread Starter
Registered User
 
Joined: Dec 2003
Posts: 1,686
Likes: 0
From: Battle Creek Michigan
Cargo weight is not an issue with us----we haul horse buggies 6 max at a time 5000# maximum cargo weight.
Reply
Old Nov 26, 2006 | 04:58 AM
  #89  
RickG's Avatar
Registered User
 
Joined: Apr 2005
Posts: 820
Likes: 0
From: Owensboro KY
Originally Posted by GAmes
I am completely lost as to the intent of your posts and what your arguement is. Are you making a case for commercial or non-commercial driving? If non-commercial then the states can make any law they want, regardless of FMCSA. If commercial, all states are the same. Federal law states that a CDL is required if you have a combination vehicle with a combined gross vehicle weight rating (CGVWR) of more than 26,000 pounds when the trailer has a GVWR of more than 10,000 pounds. Were you for hire when you were ticketed or not?
You terribly misquoted the law . Go back to the book and read the exact reg word for word . If your vehicle has a GVW over 26,000lbs. you need a CDL whether you are pulling a trailer or not . The GVW of the trailer determines whether you need a CDL A or CDL B . If the tow vehicle is over 26,000 and the trailer is over 10,000 you need an A . According to Federal regs if the GCVW is under 26,000 you don't need a CDL . An 8,000 lb. 3500 can tow 18,000 lbs. and not require a CDL. State laws vary .
Reply
Old Nov 26, 2006 | 09:18 AM
  #90  
GAmes's Avatar
Registered User
 
Joined: Mar 2006
Posts: 1,269
Likes: 0
From: Killeen, Tx
Originally Posted by RickG
You terribly misquoted the law . Go back to the book and read the exact reg word for word . If your vehicle has a GVW over 26,000lbs. you need a CDL whether you are pulling a trailer or not . The GVW of the trailer determines whether you need a CDL A or CDL B . If the tow vehicle is over 26,000 and the trailer is over 10,000 you need an A . According to Federal regs if the GCVW is under 26,000 you don't need a CDL . An 8,000 lb. 3500 can tow 18,000 lbs. and not require a CDL. State laws vary .
You are mistaken if you think that actual weights are the law.

I quoted the law straight out of the Oregon Commercial Motor Vehicle Operator Manual. Here it is again;

You must have a CDL to operate any of the following:

A single vehicle with a gross weight rating (GVWR) of more than 26,000 pounds.

A combination vehicle with a combined gross vehicle weight rating (CGVWR) of more than 26,000 pounds when the trailer has a GVWR of more than 10,000 pounds.

State laws do vary for non-commercial. I have stated that a few times. The most glaring is the CA requirement to have a CDL to pull double trailers (as in a fiver and a boat). No other state has that requirement. However, commercial requirements, again, are the same throughout the U.S.

The Congress of the United States enacted The Commercial Motor Vehicle Safety Act of 1986 (CMVSA/86) which requires that all of the individual states conduct uniform testing and licensing standards for all commercial drivers. It also established uniform standards for qualification, suspensions, and revocation. It requires that no commercial vehicle operator may possess more than one license. That license MUST BE ISSUED FROM THE DRIVER'S STATE OF LEGAL RESIDENCE.(this is cut and paste, caps are not mine)

nsxt is correct in his post of FMCSA definition, it is clear as mud and open to interpretation. Every scale I cross chooses to enterpret it as the total of GVWRs, and there is nothing we can do to change that.
Reply



All times are GMT -5. The time now is 12:38 PM.