Go Back   iRV2 Forums > iRV2.com COMMUNITY FORUMS > iRV2.com General Discussion
Click Here to Login
Join iRV2 Today

Mission Statement: Supporting thoughtful exchange of knowledge, values and experience among RV enthusiasts.
Reply
  This discussion is proudly sponsored by:
Please support our sponsors and let them know you heard about their products on iRV2
 
Thread Tools Search this Thread Display Modes
 
Old 12-12-2012, 09:54 AM   #1
Junior Member
 
Join Date: Dec 2012
Posts: 17
CDL ( or not) for 26,000 lbs or more

Recently a friend of mine was moving a heavy fiver for a mutual friend with a Ram 4500, and was stopped by Law Enforcement, ( for whatever reason) and was told to cross the scales. All weights were right on except his overall gross which was 27,000 because he exceeded 26,000. 2 citations were issued, 1 for over gross and 1 for no CDL. My question is, is this the norm for towing units with a combined gross over 26,000 ?
__________________

__________________
Salad Bowl is offline   Reply With Quote
Join the #1 RV Forum Today - It's Totally Free!

iRV2.com RV Community - Are you about to start a new improvement on your RV or need some help with some maintenance? Do you need advice on what products to buy? Or maybe you can give others some advice? No matter where you fit in you'll find that iRV2 is a great community to join. Best of all it's totally FREE!

You are currently viewing our boards as a guest so you have limited access to our community. Please take the time to register and you will gain a lot of great new features including; the ability to participate in discussions, network with other RV owners, see fewer ads, upload photographs, create an RV blog, send private messages and so much, much more!

Old 12-12-2012, 09:59 AM   #2
Senior Member
 
no3putt's Avatar
 
Join Date: Apr 2012
Location: Pueblo, CO
Posts: 516
Depends on what state. CO no CDL required for RV over 26,000, some states require a RV indoresment.
__________________

__________________
no3putt is offline   Reply With Quote
Old 12-12-2012, 11:03 AM   #3
Senior Member
 
Join Date: Jan 2003
Posts: 468
Quote:
Originally Posted by Salad Bowl View Post
Recently a friend of mine was moving a heavy fiver for a mutual friend with a Ram 4500, and was stopped by Law Enforcement, ( for whatever reason) and was told to cross the scales. All weights were right on except his overall gross which was 27,000 because he exceeded 26,000. 2 citations were issued, 1 for over gross and 1 for no CDL. My question is, is this the norm for towing units with a combined gross over 26,000 ?
Howdy!

You didn't advived were he was ticketed? Most states require a non commercial class A license for over 26,000 not a CDL. I just purchased a MDT rated at 30,000 and we tow a 5er that is 16,000 plus so we need a class A license in Texas.

"Happy Trails"
Chiefneon
__________________
chiefneon is offline   Reply With Quote
Old 12-12-2012, 11:07 AM   #4
Moderator Emeritus
 
RustyJC's Avatar


 
Texas Boomers Club
Join Date: Jul 2000
Location: Cypress, Texas USA
Posts: 8,854
The fact that he didn't own the 5th wheel that he was towing may have prompted the CDL comment. Here in Texas, a GCWR of 26,001 lbs or over towing a 5th wheel with a GVWR of more than 10,000 lbs (note that BOTH conditions must be met) requires a Class A non-CDL license. Generally speaking, unless one is engaged in commerce, a CDL is NOT required (although there might be a state or two who would), but many states require upgraded non-CDL licenses.

If you use the Search feature in the toolbar at the extreme top of this page and enter CDL, you should come up with days, if not weeks, worth of reading on this oft-discussed subject.

Rusty
__________________
2016 Ram Longhorn 3500 Dually 4x4 CCLB, 385/900 Cummins, Aisin AS69RC, 4.10
2014.5 DRV Mobile Suites 38RSSA #6972
Come join us on a TEXAS BOOMERS rally!
RustyJC is offline   Reply With Quote
Old 12-12-2012, 11:51 AM   #5
Junior Member
 
Join Date: Dec 2012
Posts: 17
This occurred in Corpus Christi Tx
__________________
Salad Bowl is offline   Reply With Quote
Old 12-12-2012, 12:13 PM   #6
Moderator Emeritus
 
RustyJC's Avatar


 
Texas Boomers Club
Join Date: Jul 2000
Location: Cypress, Texas USA
Posts: 8,854
According to the Texas Transportation Code, Title 7, Subtitle B, Section 522.004 (dealing with Commercial Driver Licenses), here's why a CDL is NOT generally required:

Quote:
Sec. 522.004. APPLICABILITY. (a) This chapter does not apply to:

(4) a recreational vehicle that is driven for personal use;
Section 521 covers non-commercial licenses, and it requires a Class A as described earlier. The fact that your friend was transporting another's RV may have been interpreted as non-personal use by the LEO which would require the CDL.

It's sobering that this happened, though, since I've rescued others' 5th wheels a number of times with my trucks (with no compensation or reimbursement) due to their medical or mechanical emergencies. This situation makes me think twice about doing so in the future, although I probably still would and throw myself on the mercy of the court.

Rusty
__________________
2016 Ram Longhorn 3500 Dually 4x4 CCLB, 385/900 Cummins, Aisin AS69RC, 4.10
2014.5 DRV Mobile Suites 38RSSA #6972
Come join us on a TEXAS BOOMERS rally!
RustyJC is offline   Reply With Quote
Old 12-12-2012, 01:17 PM   #7
Junior Member
 
Join Date: Dec 2012
Posts: 17
Rusty, Thank you, have been reading many of the posts you referenced and my question has been pretty much answered, as now I am thinking for myself that I need to upgrade to class A non CDL IMHO this information needs to be more available to the general RV community. I see on a daily basis many who are in violation, I do understand that this is a very confusing issue.
__________________
Salad Bowl is offline   Reply With Quote
Old 12-12-2012, 05:53 PM   #8
RV Mutant #14
 
Wayne M's Avatar


 
Winnebago Owners Club
Texas Boomers Club
Freightliner Owners Club
iRV2 No Limits Club
Join Date: Aug 2008
Location: Texas
Posts: 12,188
Rusty,
I would think that in the circumstances admitted to is that there was no commercial activity involved. An example would be if you lend your 5th wheel to a friend for a weekend or vacation activity. You are not using it for commercial reasons. Now i they said they were "hired" to move it, that would be a totally different situation.

Yep! I'd go to court on that one.
__________________
Wayne MSGT USMC (Ret) & Earlene (CinCHouse)
2015 Winnebago Tour 42QD
RVM14
It is what it is, and then it is what you make of it.
Wayne M is offline   Reply With Quote
Old 12-12-2012, 06:02 PM   #9
Moderator Emeritus
 
RustyJC's Avatar


 
Texas Boomers Club
Join Date: Jul 2000
Location: Cypress, Texas USA
Posts: 8,854
Quote:
Originally Posted by Wayne M View Post
Rusty,
I would think that in the circumstances admitted to is that there was no commercial activity involved.....Yep! I'd go to court on that one.
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
__________________
2016 Ram Longhorn 3500 Dually 4x4 CCLB, 385/900 Cummins, Aisin AS69RC, 4.10
2014.5 DRV Mobile Suites 38RSSA #6972
Come join us on a TEXAS BOOMERS rally!
RustyJC is offline   Reply With Quote
Old 12-12-2012, 06:20 PM   #10
Senior Member
 
Pusherman's Avatar
 
Join Date: Oct 2006
Location: Rochester NY
Posts: 2,544
Quote:
Originally Posted by Salad Bowl View Post
Recently a friend of mine was moving a heavy fiver for a mutual friend with a Ram 4500, and was stopped by Law Enforcement, ( for whatever reason) and was told to cross the scales. All weights were right on except his overall gross which was 27,000 because he exceeded 26,000. 2 citations were issued, 1 for over gross and 1 for no CDL. My question is, is this the norm for towing units with a combined gross over 26,000 ?
Each state has its own laws, but the 26,001 lb figure is pretty consistent with most states.

In NY, one requires an 'R' endorsement on their license to drive/tow over this weight limit, NOT FOR HIRE. I think that's the key question.

Once you have proper licensing for your state, all others provide reciprocity, meaning you're legal in all states.
__________________
Don
'07 Winnebago Journey 34H - CAT C7, Koni's, MCU's, SS Bell Crank, Safe-T-Plus
'07 HHR Toad, SMI AFO, Blue OX
Pusherman is offline   Reply With Quote
Old 12-12-2012, 06:36 PM   #11
Senior Member
 
Francesca's Avatar
 
Vintage RV Owners Club
Join Date: May 2011
Location: Port Hadlock, Washington
Posts: 2,855
Quote:
Originally Posted by Salad Bowl View Post
Recently a friend of mine was moving a heavy fiver for a mutual friend with a Ram 4500, and was stopped by Law Enforcement, ( for whatever reason) and was told to cross the scales. All weights were right on except his overall gross which was 27,000 because he exceeded 26,000. 2 citations were issued, 1 for over gross and 1 for no CDL. My question is, is this the norm for towing units with a combined gross over 26,000 ?
I'd be interested in the "whatever reasons" that caused him to get stopped in the first place- sounds like the LEO was het up about something!

In any case:
If he told the LEO that he was moving the fiver for somebody else, that may well make it a "commercial haul" whether or not he was getting paid to do it.
__________________
Francesca is offline   Reply With Quote
Old 12-12-2012, 07:58 PM   #12
Senior Member
 
stuhly's Avatar
 
Fleetwood Owners Club
Join Date: Jan 2010
Posts: 1,290
I "think" the 26001 figure may be a Federal thing.
__________________
stuhly is offline   Reply With Quote
Old 12-12-2012, 08:09 PM   #13
Senior Member
 
Mr_D's Avatar
 
Solo Rvers Club
iRV2 No Limits Club
Join Date: May 2011
Location: Vancouver, WA
Posts: 28,398
Quote:
Originally Posted by stuhly View Post
I "think" the 26001 figure may be a Federal thing.
Yep, it is, although the Feds don't set the rules for private vehicles, some states have used that weight as part of their requirements.
__________________
2009 45' Magna 630 w/Cummins ISX 650 HP/1950 Lbs Ft
Charter Good Sam Lifetime Member, FMCA, SKP
RV'ing since 1957, NRA Benefactor Life, towing '14 CR-V
Mr_D is offline   Reply With Quote
Old 12-12-2012, 08:21 PM   #14
Senior Member
 
docj's Avatar
Official iRV2 Sponsor
 
Join Date: May 2011
Posts: 3,712
Quote:
Originally Posted by stuhly View Post
I "think" the 26001 figure may be a Federal thing.
This is the key weight used in the Federal Motor Carrier Safety Administration regulations pertaining to commercial truckers. Although FMCSA regulations are administered at a state level they are mandated by the feds. States can make rules that are more stringent but they have to enforce the basic regulations.

But with respect to the FMCSA regs, section 390.3 makes it very clear that an exemption is provided for:

(3) The occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise;

So the CDL requirement should not be applicable as long as the people doing the towing weren't being compensated for it.
__________________

__________________
Joel Weiss--WiFiRanger RV Ambassador
RVParkReviews administrator
2000 40' Beaver Patriot Thunder Princeton CAT C-12
docj is offline   Reply With Quote
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


» Virginia Campgrounds

Reviews provided by


Copyright 2002- Social Knowledge, LLC All Rights Reserved.

All times are GMT -6. The time now is 02:58 AM.


Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2017, vBulletin Solutions, Inc.