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DMiller 
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Joined: 14 Sep 2009
Location: Hermann, Mo
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 Topic: Back to CDL requirements
Posted: 16 Mar 2021 at 4:57am |
Confidant and commiserate on another site found out how the Unwritten Rules have ZERO Validity on CDL Tickets. Works in TX, has NEVER been challenged by TDOT or had to scale there as the Unwritten rule is he drives a Service Truck as a Mechanic NOT required to. HAD to go into OK for a client, got stopped by State Police, had to go BACK to Scale and weigh out with a inspection. NO CDL, No registration or insurance card, had to have a Licensed Driver return the machine to TX so he could take it home. Client is upset(justifiably) and moneys were lost to Cost of ticket(s) 8 of them, lost job time, loss of use time of truck and equipment, second operator to move truck to Home State.
So my Class A INCL Hazmat Endorsement that requires a Background check on renewal, paid for BY ME and pay for my own physicals is still less than $250/five years. Can drive everything/anything CDL required save a school bus with children on it(CAN Empty), am registered under Clearinghouse.gov so can be screened to ANY position requiring CDL in any state.
I Know the rules, I follow the rules, the expense is NOT that severe or even time repetitive to be seen as extreme(five years except physical @ 2 years) so WHY argue to not get one? If cannot pass the physical DO NOT DRIVE a machine and chance fate, IF Cannot pass the tests DO NOT DRIVE Commercial Requirement equipment, IF skirting or attempting to skirt the law in underhanded ways is it really worth the expenses? lost time from work? court dates? and Attorney's fees? to avoid LESS THAN $250 over five years? to hire on as a Hot-shot runner to make a ton of money moving small loads under the wire unlicensed when should be? Or is it just to be argumentative and avoiding following a rule?
Edited by DMiller - 16 Mar 2021 at 4:59am
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WF owner
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Joined: 12 May 2013
Location: Bombay NY
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Posted: 16 Mar 2021 at 6:16am |
I, as you Dave, have a Class A CDL. I let my HazMat go several years ago, because I didn't want to be mandated at work to move hazardous materials.
I am also in my 15th year as a non-lawyer Town Justice. We constantly see tickets like this for operating out of class. If he was operating a commercial motor vehicle (CMV) over 26,000 pounds, it isn't even a gray area. He must have a CDL. Even if Texas ignores it, it is the law. I bet if he was ever involved in a serious accident, Texas wouldn't ignore the fact that he was an unlicensed driver.
I agree with you 100%. You and I had to demonstrate that we could competently operate a CMV when we took our road test. We also have to document that we properly checked the CMV we are operating to make sure it is safe to be operated. We have to keep a log that we are not operating a CMV for more hours than the law allows and make sure we follow all laws for size and weight. We have to subject ourselves to random drug testing as well as drug testing after accidents. (It amazes me how many people won't get a CDL because of random drug testing !) We have to have a physical with documentation saying that we are physically able to operate a CMV. We pay a premium for the proper license to operate a CMV.
Do people really want anyone operating any CMV without a CDL ? It could be your family that he hits if he isn't qualified to legally operate a CMV !
How does this pertain to the AC forum ? There are a lot of people that are operating truck/trailer combinations over 26,000 pounds that are considered "commercial", that do not have a CDL. Like Dave's example of the mechanic, above you may have got away with it for years, but that does not make it legal. You might be very surprised what is considered a CMV.
We had a very angry guy that has a race car that he carries in a very nice triple axle enclosed trailer, towed by a crew cab dually diesel pickup who was ticketed. He claimed he is not commercial and has "Private Carrier - Not For Hire" lettering (which is useless) on his trailer. Because he can win prize money, he is driving a CMV and needs a CDL.
Another owned a concession trailer that he tows to fairs, carnivals and special events. It is a heavy trailer with living quarters in part of it, pulled by a dually pickup with "Not For Hire". He still needs a CDL.
People can get angry, complain all they want and make excuses, but it doesn't change the rules.
By the way, judges don't make the rules. We don't always even agree with the rules (I do agree with these). But they do have to interpret laws and see that they are enforced the way they are written.
Edited by WF owner - 16 Mar 2021 at 7:08am
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truckerfarmer
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Joined: 26 Jan 2013
Location: Watertown, SD
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Posted: 16 Mar 2021 at 6:56am |
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Same here. Everything but school bus. The initial investment when first getting it is $200-300. Renewal is $35 every 5 years. And an additional $85 for fingerprinting for hazmat.
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Looking at the past to see the future.
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WF owner
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Joined: 12 May 2013
Location: Bombay NY
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Posted: 16 Mar 2021 at 7:12am |
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NY license renewal is for 8 years. I think mine, AM (A with motorcycle) was around $250 for renewal.
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Boss Man
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Posted: 16 Mar 2021 at 3:20pm |
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When I went to tech school for Diesel Mechanic it wasn't required but was recommended we take the crash course to obtain a CDL. Cant road test a truck before or after doing repairs without one. Friend of a friend got busted for chasing trailers without one. Company kept telling him dont worry about it just go. He got busted because the tractor wasn't registered. Owner laughed and was bragging how the truck was never registered and all the money he saved on registration was far more than the ticket. I just shake my head when people get busted trying to cheat the system.
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jaybmiller
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Joined: 12 Sep 2009
Location: Greensville,Ont
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Posted: 16 Mar 2021 at 3:48pm |
What I've never understood is WHY isn't there a Federal CDL that would allow someone to go from coast to coast ? I'm betting to get from LA to NY there's a LOT of states to go through and each has DIFFERENT rules and regulations making it a NIGHTMARE ? I'm thinking of that 'realty' TV show where guys and gals bid on hauling stuff...
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Kansas99
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Posted: 16 Mar 2021 at 7:02pm |
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Jay while ever state has different laws for cmv the CDL is good in all states as far as I know.
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Coke-in-MN
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Posted: 16 Mar 2021 at 8:13pm |
What I still cant figure out is why all the States are in a panic to allow Mamajuana as a legal substance but say nothing about JOB TESTING for it can disqualify you from jobs . For anyone with a CDL - when you drug test (required) if your clean no record , if your positive you name goes in the Federal Registry as a druggie as a permanent record . I have had a commercial license since I was 16 and keep it current , do the DOT Physical every 2 years and kept all endorsements except my Has-Mat as they now want $85 for that fingerprint and form - a rip off as I also had the TWIX card that was $125 last time I renewed that . Odd part is had DOD - Top Secret clearance and neither one would recognize that as a background check document. Other part on the 26,000 or the 10,001 trailer combo is most do not know about the required inspection of tow vehicle and the trailer let alone the CDL requirement . Also if you drive a 1 ton vehicle and carry your gas grill propane tank in the bed , you are a commercial vehicle and placarding needed for that cylinder . Has-Mat and CDL required .
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Faith isn't a jump in the dark. It is a walk in the light. Faith is not guessing; it is knowing something.
"Challenges are what make life interesting; overcoming them is what makes life meaningful."
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DMiller
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Joined: 14 Sep 2009
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Posted: 17 Mar 2021 at 2:06pm |
What I still cant figure out is why all the States are in a panic to allow Mamajuana as a legal substance but say nothing about JOB TESTING for it can disqualify you from jobs
They do not wish to Scare off the Potential Slaves of the State to Welfare $$$
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john(MI)
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Posted: 18 Mar 2021 at 4:18am |
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A friend of mine has a one ton single wheel P/U truck. He pulls a 35 or 40 foot fifth wheel camper with it. He is not required to have CDL.
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DMiller
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Posted: 18 Mar 2021 at 5:10am |
If ONLY pulls a RV is Not required, IF has a Weight Rated License and the GVWR of the machine is over 26,000# it IS Required. Ton SRW pickups rarely exceed 14,500gvwr, HOWEVER, if he is exceeding the threshold of weight to capacity, are some states that will stop a RV to check that and will impound the vehicle for that. Friend of ours has a Ton DRW Dodge(Light Ton) rated at 18,600gvwr, is licensed AUTOMOBILE Plates for pulling a RV, picked up a friends two axle trailer and bought some small lumber products was carrying them home got stopped, Officer noted NOT Weight Tagged, with license on truck ONLY ALLOWABLE Towed device is a RV, fine was $500 and court costs. He could have hauled the materials behind his wife's SUV and been fine.
Entire Purpose of DRW Pickups is capacity and Stability, if his intent is skirting the law with undersized machine and he has a accident due to such, good luck to him as courts are not friendly to that type.
Edited by DMiller - 18 Mar 2021 at 5:12am
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WF owner
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Posted: 18 Mar 2021 at 7:01am |
 john(MI) wrote:
A friend of mine has a one ton single wheel P/U truck. He pulls a 35 or 40 foot fifth wheel camper with it. He is not required to have CDL.
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He is not required to have a CDL UNLESS the camper is used for business. Locally, we have an auctioneer that uses a fifth wheel as a mobile office at auction sites. The side of his fifth wheel has advertising on it. He would be required to have a CDL.
When you get into combinations that are over 26,000 pounds that are not commercial, they are not regulated by the federal CMV laws. They are regulated by the state and laws vary from state to state. In New York State, RV's under 26,000 pounds are required to have a regular Class D license (regular operator's license). RV's over 26,000 pounds must have a Class D with an R (RV) endorsement. I suspect other states are similar.
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jaybmiller
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Posted: 18 Mar 2021 at 7:38am |
here's something to ponder... In Ontario, you can take a normal School Bus, remove all but 2 seats,paint out 'school bus' and drive it ANYWHERE in Ontario with a regular,basic Driver's license !!!
I'm convinced the 'system' is soooo convuluted and screwy as to MAKE MONEY, both sides of the 49th.
Jay
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3 D-14s,A-C forklift, B-112
Kubota BX23S lil' TOOT( The Other Orange Tractor)
Never burn your bridges, unless you can walk on water
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Tbone95
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Posted: 18 Mar 2021 at 8:16am |
jaybmiller wrote:
here's something to ponder... In Ontario, you can take a normal School Bus, remove all but 2 seats,paint out 'school bus' and drive it ANYWHERE in Ontario with a regular,basic Driver's license !!!
I'm convinced the 'system' is soooo convuluted and screwy as to MAKE MONEY, both sides of the 49th.
Jay
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So? You are no longer responsible for the lives of others at that point. Kind of like the redneck nascar motorhomes people do with school buses here all the time. Ain't like a school bus is hard to drive or all that heavy or anything.
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Coke-in-MN
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Posted: 18 Mar 2021 at 11:17am |
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Son has a old GMC school bus and changed license to RV - he had to have 3 items within , a sink , a bed , and one other item (cooler, stove, bathroom, heater)
As far as CDL it is a Federal Mandate - but state controlled and is legal within all states .
Same as Federal database on number of licenses issued to one person (multipal license for one individual) now violation as is he Federal Drug registry and the DOT Numbers .
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Faith isn't a jump in the dark. It is a walk in the light. Faith is not guessing; it is knowing something.
"Challenges are what make life interesting; overcoming them is what makes life meaningful."
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DMiller
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Joined: 14 Sep 2009
Location: Hermann, Mo
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Posted: 18 Mar 2021 at 2:27pm |
Just passed by the Local City Campground, Prevost Bus RV in the lot, Air Brakes, Diesel pusher, originally built to haul PASSENGERS for Hire, now is a RV with RV license and a HANDICAP Tag in the W/S, the owner can be a wheelchair bound 88 year old so long as can pass eye exam for REGULAR driver license here.
Edited by DMiller - 18 Mar 2021 at 2:28pm
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