Re: [MV] [Fwd: 5-ton help for a newbie]

Dave Cole (DA_Cole@compuserve.com)
Thu, 23 Apr 1998 11:59:53 -0400

Message text written by Glenn Shaw
>If it is a commercial vehicle that requires CDL you have to have the rig=
ht
license
to drive it. The reason for its use does not matter. If it is for
business use
then other things such as medical cards etc. come into play. If it has a=
ir
brakes
you cant operate it unless your license allows it. Period.

Glenn Shaw MVPA CDL

Mark C. Johnson wrote:

> Oh, and
> >did I mention the commercial driver's license required to drive it!!!!=
!
> >
>
> To my understanding of the law you only need a CDL if it is a
commercial
> vehicle. So if the truck is for personal use you do not need a CDL.<

Actually you're both wrong. I've been investigating this for a couple
years since I really don't want to run into problems with the law. For
many reasons there is a great deal of confusion over all of this. Also,
the states and federal DOT do not enforce the law uniformly. =

For instance in Cincinnati, Ohio, where I used to live, the BMV would say=

that any vehicle over 26,001 lbs GVW had to have a CDL. No exceptions. =

Also if it had air brakes, then a CDL was required no exceptions. =

In Indiana, they don't care if it has air brakes or not, but if it is ov=
er
26,001 lbs GVW then a CDL is required, unless you meet one of the
exceptions. =

1. Farm use - I quote: =

"Farmers (and their farm hands in the farmer's vehicle):
Those operators of a farm vehicle which is
- controlled and operated y a famer;
- used to transport either agricultural products, farm machinery, farm
supplies or (some combination thereof) to or from a farm
-not used in the operation of a common or contract motor carrrier; and
-used within 150 miles of the person's farm

2. Firefighters and operators of emergency equipment....

3. Military Personnel - All non-civilian...

4. Recreational Vehicles - That are registered as a recreational
vehicle...."
end quote

Note that no where does it talk about personal or non-personal use. That=
's
not relevant.

I know as a fact that in Ohio and Indiana there are a large number of far=
ms
that operate tractor-trailer rigs and the drivers to not have CDLs. They=

use these rigs primarily to tranport stock, grain, and machinery. I also=

know of many companies that are called "farms" that really do little to n=
o
farming, the make make pallets or machine parts, and I bet that few if an=
y
of their truck drivers have CDLs. All of their trucks have Mckenzie Farm=
s
stickers on the cab doors. Are pallets farm supplies? I guess one coul=
d
argue that. (;->)

I approached the local BMV guys about getting a tri axle dump truck
registered as a farm vehicle so I could haul dirt and gravel to my
property. The GVW was about 50,000 lbs. The BMV said the license fee wa=
s
about $170 for farm tags. I called my insurance company and they said
sure, the cost would be about $200 every 6 months. No big deal. I end=
ed
up not getting the truck, but that's another story. I've got 2 1/2 acres=

near a large city. Not quite a farm, but I do have a garden!

Another option is to just go and get a CDL. From what I've been told it
really isn't a big deal if you study the license material. I know of an =
ex
-neighbor who drives a Semi and he got his CDL with no formal training. =
He
practiced driving on a farm and just went and did the test. Since a 5 to=
n
truck would only require a Group B CDL license, I can't believe the test
could be that tough. The real problem might come when you try to insure =
it
and the insurance company knows that it is licensed as a commercial
vehicle. That might get expensive. =

Dave

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