Community Forums

Franka548 · 12-13-2012, 04:57 PM

O.P.,
I don't understand the over gross at 27,000#, unless the truck was only plated for 26,000#. I understand the noncdl ticket. When the vehicles are not yours, it gets very tricky. Remember that all the states need money, and this is a good revenue source.
Frank

Wayne M · 12-14-2012, 08:41 AM

Quote:

Originally Posted by Salad Bowl

Here is what I know,
Fact; company truck was borrowed ( verbal permission only )
Fact; LEO observed package being placed in back of pickup ( generating stop )
Fact: class C ( only ) drivers license.
opinion; somewhat mouthy from friend.
opinion; LEO was looking for something ( Sheriff Office ) something got his attention.
Fact; either called in or sent to scales.
opinion; some more mouth
Fact; over gross and not properly licensed ( no class A or CDL)
I think the moral here is have the proper endorsement ( I plan to update mine , just in case I might need it ) and hold the alligator mouth in check.

Note: My humble opinion:

Ah! Now their are two factors that are clarifying this.

1) Alligator mouth overloaded hummingbird rear end.

2) Class C license does not all for driving a vehicle with a GCVW rating of 26,001 pounds or heavier.

CDL is not a factor if the package was for personal use also, however if it was a business package and the truck was identified as belonging to a business, the judge will have to figure that one out.

Suggestion: Pay the fine. Obtain proper license.

chief02 · 12-14-2012, 08:58 AM

Wouldnt the laws in your home state apply? Not legal to have more then one DL

RustyJC · 12-14-2012, 09:01 AM

Quote:

Originally Posted by chief02

Wouldnt the laws in your home state apply? Not legal to have more then one DL

Perhaps I missed it, but I've seen nothing that indicates the situation described by the OP involved anything but a Texas driver in a Texas-licensed truck pulling a Texas-licensed 5th wheel who got stopped in Corpus Christi, Tx. In that case, reciprocity doesn't enter the equation.

Rusty

chiefneon · 12-14-2012, 09:02 AM

Quote:

Originally Posted by Salad Bowl

The case did go to court and the Judge said sorry, thats the way it is, your fine will be. I have recently learned that a 150 lb package was picked up in route and the LEO saw it being loaded into the back of the pickup which caused him to make the stop. He assumed that the pickup was being used as a commercial hauler. This whole thing is a mess and is being appealed.

Howdy!

The short version is you friend was "profiled/interdicted" after seening the package loaded into the truck. In the course of the investigation he wae issued the citations.

"Happy Trails"
Chiefneon

chief02 · 12-14-2012, 09:06 AM

Rusty, I got that part. My question/statement was more general in nature to help expand our knowledge base for when we travel to states with these laws and how it may or may not apply.

paz · 12-14-2012, 12:54 PM

Quote:

Originally Posted by Franka548

O.P.,
I don't understand the over gross at 27,000#, unless the truck was only plated for 26,000#. I understand the noncdl ticket. When the vehicles are not yours, it gets very tricky. Remember that all the states need money, and this is a good revenue source.
Frank

In Texas, a higher classification license (not necessarily CDL unless driving for hire) is required to drive any vehicle or combination over 26,000 lb. Had nothing to do with being overloaded.

Wayne M · 12-14-2012, 04:02 PM

Like I posted as a reply: A class C license was the one presented at the time of stop. For the weight (GCVW), it was the wrong class of license.

Ray,IN · 12-14-2012, 05:52 PM

I know this is after the fact. I can't speak of any other state than Indiana, but their licensing laws require license plates for the highest expected GVW.. Their lowest class plate is 7,000# for pickup to legally weigh.. I have 12,000# plates and my dually truck weight is 11,200# with 5er attached. Here is a better explanation.
This is completely separate from CDL requirements.

Scottybdivin · 12-15-2012, 05:38 AM

As posted by RustyJC, from the Texas manual, under Class A Driver's License

Quote:

(2) a combination of vehicles that has a gross combination weight rating of 26,001 pounds or more, if the gross vehicle weight rating of any vehicle or vehicles in tow is more than 10,000 pounds.

Almost any 5th wheel has a GVWR over 10K. Any dually these days has a GCVWR over 26K.

RustyJC · 12-15-2012, 05:56 AM

Quote:

Originally Posted by Scottybdivin

Almost any 5th wheel has a GVWR over 10K. Any dually these days has a GCVWR over 26K.

Depending on the options selected (axle ratios, etc.), many of the truck manufacturers can still supply a truck that's under the 26,001 lb GCWR (not GCVWR) breakpoint. The gross combination weight rating (GCWR) on my truck is 26,000 lbs - that's NOT a coincidence; I ordered it configured to get the 26,000 lb GCWR which is adequate for my needs.

The requirement for upgraded driver licenses is a largely-ignored downside of the manufacturers' market-driven inflated ratings race.

Rusty

monkey · 12-15-2012, 06:59 AM

One thing mentioned,,, I learned long ago,,, ALWAYS treat Law Enforcement officers with respect, even in the rare instances they don't deserve it. Most are upstanding people doing a stressful job. "Mouthing" them will Only bring you more trouble. My opinion.
Monkey

wyorancher · 12-18-2012, 10:07 AM

Quote:

Originally Posted by RustyJC

I wouldn't think so, either, but my vote doesn't count as much as the LEO's. Unless he considered the driver to be an RV transporter, I can't picture why he would issue the no-CDL citation.

Under the circumstances described, I'd be in court as well.

Rusty

I retired from law enforcement so was quite concerned since I wanted to be legal and I am shopping for a MH. The below site shows the laws state by state. The frustrating thing was I dropped my class B CDL a couple of years ago because I didn't want to bother with the medical exams cost. Oops, now I need to get the special license in WY. Requires written for class B and road test but no medical exams because not for hire.

http://http://changingears.com/rv-se...-license.shtml

Salad Bowl · 12-27-2012, 09:10 AM

Update -
CDL part of this story was dismissed , was not for hire, package that was picked up was for his own personal use.
Fines were paid for not having proper endorsement.
Lesson learned - class " C " only does not cut it. At least need to have class " B " or class
" A " non CDL for towing something as heavy as this turned out to be. Also if written permission had been obtained from the owner of the TV things would have been somewhat different.
CYA whenever possible.