From: Ryan Gill (rmgill@mindspring.com)
Date: Thu Apr 28 2005 - 23:16:14 PDT
At 11:53 PM -0400 4/28/05, Bill Kealey wrote:
>Anything larger, regardless of how it is
>registered, I believe must also include a CDL
>for the driver.
NO. I have stated this before and I'll state it
again. Read the federal regulations. They do not
hinge on equipment for the final determination of
CDL requirements under federal law. They hinge on
use. Read the FMCSR 390.3 (f). Read the guidance.
The manuals are good for the normal stuff, but
out vehicles are abnormal. They are
non-commercial on the basis of not being used for
commerce or for a business venture. Use a 5 ton
for moving something for a business and you're
commercial. Use a Deuce for moving logs and
you're commercial (and you'll likely need a CDL
or at least some of the red tape that goes along
with commercial, like Bjorn's DOT number). If I
get an over the road tractor and drive it with a
race car that I use that has no sponsorship on
it, I'm not commercial. That's per the federal
rules. I have to declare my prize money as normal
income if I win money at a race. The same goes
for horses. Have a farm as a business and go
beyond 150 miles, and you need a CDL because it's
a business and you're going beyond the normal
scope allowed by the Federal regs.
Now, if I'm a snap on tool guy and I get a
40,000lb motorhome and tow a 12,000 lb trailer
behind it, I need a Class A CDL regardless of it
being a motorhome. Because I'm engaging in a
business persuit. Even if I loose money at it, I
still have to have a CDL. Business or not is the
difference.
Your states may allow for the loophole they may
not. North Carolina does. Some states don't
realize they hve the loophole, but the guys at
the Federal Motor Carrier Safety Administration
have specifically clarified that the Federal
Requirements do NOT make a Military 5 ton
Commercial and require a CDL. They still class it
as a CMV based on size, but it's use puts it
outside their scope and they don't regulate you.
No DOT number, no CDL requirement, no medical
card, etc. If your state is more strict, then
they might. A state could require a CDL for a
Motorhome if they want, but the Feds will
discourage that. That state would also be asking
for problems if they tried to enforce such on out
of state drivers.
--
--
Ryan Gill rmgill@SPAMmindspring.com
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I speak not for CNN, nor they for me.
But I do work there and still like the company.
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