QuestionHello Don,
I am pulling a 32 foot flatbed gooseneck trailer with a GVW 21000 lbs triple axle with a crewcab dooly gvw 11500 lbs with my fence products not for hire. I was told that as long as I was not making money for hauling that I did not need a CDL but the Highway Patol in AZ did not agree and shut me down. They would not let my rig move, I had to fly someone in with a CDL to finish. Is this right? If get a CDL can I use my dooly for the test since I have to have a CDL to drive it or do I have a big truck? Looking on DOT did not help. Please help me!!!!!
Thank you for your help!!!!!!
George
AnswerHello George...
Whether you're hauling for hire or not has no bearing on the CDL requirements. FMCSA defines a Commercial Motor Vehicle (CMV) Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle:
(1) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or
(2) Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
(3) Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
(4) Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C.
Drivers have been required to have a CDL in order to drive a CMV since April 1, 1992.
The Federal Highway Administration (FHWA) has developed and issued standards for testing and licensing CMV drivers. Among other things, the standards require States to issue CDLs to their CMV drivers only after the driver passes knowledge and skills tests administered by the State related to the type of vehicle to be operated. Drivers need CDLs if they are in interstate, intrastate, or foreign commerce and drive a vehicle that meets one of the following definitions of a CMV:
Classes of License:
The Federal standard requires States to issue a CDL to drivers according to the following license classifications:
Class A -- Any combination of vehicles with a GVWR of 26,001 or more pounds provided the GVWR of the vehicle(s) being towed is in excess of 10,000 pounds.
Class B -- Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing a vehicle not in excess of 10,000 pounds GVWR.
Class C -- Any single vehicle, or combination of vehicles, that does not meet the definition of Class A or Class B, but is either designed to transport 16 or more passengers, including the driver, or is placarded for hazardous materials.
ARIZONA CDL REQUIREMENTS:
A CDL is a commercial driver's license. Like a normal license for passenger vehicles, commercial licenses are issued by the Arizona Department of Transportation's Motor Vehicles Division (MVD). The following vehicles require you to have a CDL in order to operate them:
If you will drive a combination vehicle (truck and trailer) whose trailer has a gross vehicle weight rating (GVWR) of 10,001 pounds or more and whose total weight with the truck is 26,001 pounds or more, you will need a Class A CDL.
If you will drive a vehicle whose GVWR is 26,001 pounds or more, you will need a Class B CDL. With this license, you can also tow a trailer whose weight does not exceed 10,000 pounds.
If you will transport hazardous materials or more than 15 people (including the driver) in a vehicle whose GVWR is 26,000 pounds or less, you will need a Class C CDL.
The CDL test must be taken in a vehicle or combination of vehicles representative of the ones you'll operate. Yes, you can take your CDL road test in your combination.
Unfortunately, even though you were hauling your own product, you would still be considered to be operating in interstate commerce and operating a CMV.
.....Don
http://stopillegaltrucking.com/
