Does a trailer over 10,000 lbs require a CDL

We have talked about this before but it always seems to raise its ugly head every now and then by people giving out the wrong information.

I in no way want to single anyone out for giving bad info; heck I have done so myself in the past; but rather give the correct info.

In a post below two people stated that if the trailer is over 10,000 lbs GVWR you need a class A CDL. This is not true.
The combination of the truck and trailer GCWR must be over 26,001 lbs AND the trailer GVWR must be over 10,000 lbs to require a class A CDL.

So what this means is if I have a truck that has a GCWR less than 26,001 lbs I can pull a trailer with a GVWR of over 10,000 all day and not need a CDL.
One example of this would be a 1/2 pickup pulling a 16 ft trailer with duel 7000 lb axles under it. Even though the trailer has a GVWR of 14,000 lbs there is no way a 1/2 ton pickup is legal weighing over 26,001 lbs so no CDL is required.

So lets look up the rule to back up what I just said.
Federal law.... §383.91(a)(1)
Combination vehicle (Group A)—Any combination of vehicles with a gross combination weight rating (GCWR) of 11,794 kilograms or more (26,001 pounds or more) provided the GVWR of the vehicle(s) being towed is in excess of 4,536 kilograms (10,000 pounds).

Interpretation for 383.91
Question 2: Is a driver of a combination vehicle with a Gross Combination Weight Rating (GCWR) of less than 26,001 pounds required to obtain a CDL even if the trailer Gross Vehicle Weight Rating (GVWR) is more than 10,000 pounds?

Guidance: No, because the Gross Combination Weight Rating (GCWR) is less than 26,001 pounds. The driver would need a CDL if the vehicle is transporting HM requiring the vehicle to be placarded or if it is designed to transport 16 or more persons.

Yes states can make differant rules as long as they follow the federal guidlines for doing it so lets look at them.

Quote from the N.D. CDL handbook....
You must have a commercial drivers license (CDL)
to operate:
A single vehicle with a gross vehicle weight rating (GVWR) of more than 26,000 pounds.

Combination vehicles weighing more than 26,000
pounds provided the towed unit is over 10,000
pounds.

Quote from the ILL CDL handbook....
A CDL must be obtained by the driver of any of the following vehicles:
Any combination of vehicles with a gross combination weight rating (GCWR)** of 26,001
or more pounds, providing the gross vehicle weight rating (GVWR)* of the vehicle being
towed is in excess of 10,000 pounds.

As you can see both of these states follow federal rules. In fact I have not seen one state that does not follow federal CDL rules to the letter.

Your comments welcome.

In our next lesson we can talk about how you can have a truck and trailer combination that does have a GCWR over 26,001 lbs and you still do not need a CDL.
 
If you are referring to me which you are I'm quoting a Minnesota trooper who informed me. All so know someone who got put out of service for not having a cdl. Times are changing it wouldn't hurt to have a maintain a cdl for when some trooper on a power trip doesn't tell you that you have to find someone to drive your truck and load home because you are caught driving a commercial vehicle without a cdl.
 
That is why I am trying to inform you of the rules. If you have an encounter with a power trip trooper you know what to say. If he still will not back down you can always insist on speeking with a supervisor.

Quote from the Mn CDL book....
You must have a commercial driver’s license (CDL) to operate any of the following commercial motor vehicles (CMV) in Minnesota:
A combination of vehicles in which the gross combination weight (GCW) is more than 26,000 pounds and the towed unit has a gross vehicle weight (GVW)* of more than 10,000 pounds.

Besides getting a CDL is not easy for everyone and the cost is high for someone that may use it once every couple of months.
 
John
I agree. Just another item to add to your data bank. From the fine print on back of my dl.
"Class D-valid single unit and combinations up to 26000 lbs gvwr. All recreational & farm veh. (M.S.171.02)" It doesn't specify how that 26k is divided between truck & trailer.
Here in Mn class D is the lowest class. Cancelled my class A when I retired so i could honestly decline several people who wanted me to "make a quick trip to help me out"
Willie
 
All I really want to is take my tractor into town to the car wash to get it cleaned up enough to paint.

No big deal - my options are:

1. Rent a steam power washer and do it at home. I don't want to do this because it makes such a mess.

2. Drive the tractor into town, about a hour and a half drive each way and use the 50 cent car wash with hot water.

3. Put tractor on trailer and drive to town and use car wash.

4. Seems like option 2 is my only way out.

Thanks for the input from each of you.
 
Hello all, dont look at this forum much

My 2 cents is the rules are somewhat confusing but people add much to the mess by confusing "legal" and "getting away with it", commercial and non-commercial, in-state and interstate. Another factor to add to the confusion mess is DOT people also are trained to take adnatage of gray areas in the law and fine, hopeing you pay the fine instead of going to court where they will lose. People post "I was fined for X,Y or Z" That doesnt mean that is the law, DOT just plucked their pockets.

In as simple terms as I know how to put it you need to first find out how they determain commerical and non-commercial status in YOUR state, not Tom, Dick or Harry"s states but yours. Then IF you are indeed non-commerical you dont need a CDL to pull the trailer in YOUR STATE period. Here in Ohio you can gross anything legal without a CDL as long as non-commercial private use, your state may differ. Interstate is a differant animal. If your trailer is over 10,000 lbs or your combintation exceeds 26,000 lbs then you always become under federal jurisdiction when you cross state lines and thus you need a CDL. If less than than 10,000 or 26,000 and non-commercial you remain under the laws of your home state no matter where you travel, legal at home, legal anywhere, that"s the law.
I will warn that if a person has a trailer over 10,000 or combo over 26,000 and plans on going the non-commercial route you need to be prepared to be drilled over your status if stopped. As an example here in Ohio and you have an old tractor on board they will ask if they give out trophys or prize money, Yes? then you just lost non-commerical status. Pulling tractor = commerical here. Lots of real H-D looking 9900 Lb trailers around these parts, LOL

Good luck!
 
buickanddeere and Butch(OH)

I have given you the text word for word straight from the book covering these laws.
I have given you the law number so you can go look it up for yourself.
I have even given you the federal Interpretation of the law that puts it in everyday terms.

Still you come on here and say what I have said is wrong.
So lets make this easy. Please teach me as I am always willing to learn.
Show me in black and white the law that backs up your statements.
 
Sorry I dont mean to come of as being abrasive. Here is a link to a flow chart that makes it easy to see that any trailer over 10,000 lbs puts a person into CDL territory as does any combo with GVWs excedding 26,000 assuming again, that it is a commercial apllication. This was a big deal at my company when the law was changed several years ago as we have 4 pintle trailers over 10,000 GVW.
CDL flow chart
 
Read the flow chart again and follow the arrows this time.

The flow chart says:
Is the vehicle a combination vehicle (YES)
Is the GCWR greater than 26,000 (NO)
Is the GCWR of the power unit greater than 26,000 (No)
Is the vehicle transporting hazardous materials (NO)
Is the vehicle designed to transport 16 or more passengers (NO)

CDL NOT REQUIRED.

Notice that if you are under 26,000 GCWR, then the size of the trailer DOESN'T MATTER
 
Butch
Do not get me wrong. I do not want to sound abrasive; and I surelly do not think that about you. I just want to get this out in the open so everyone can see the facts and learn from it.

From what I am reading you think that even though my truck and trailer have a GCWR less than 26,000 lbs I still need a CDL because my trailer has a GVWR over 10,000 lbs.

So lets use the flow chart you linked....

Is the vehicle a combination
Yes
Is the GCWR more than 26,000 lbs
No
Is the GVWR of the power unit 26,000 lbs
No
Do you tranport hazmat or passengers
No and No
NO CDL REQUIRED

We did not even get to the question about the trailer GVWR because the GCWR is less than 26,000 lbs.

We can talk about some other points you made in your orginal post I do not agree with if you would like.

I will also add......
You do not have to be commercial to need a CDL
CDL applys to everyone.
From the Iowa book you linked. page 9

A commercial driver’s license (CDL) is required for anyone driving any of the following sizes or types of vehicles.

Read that statement word for word and show me where it says commercial trucks only.
 
Simply having a trailer over 10k only requires a CDL when the combo weight is over 26k.

Example.


Trailer with GVW of 12k.

Truck with GVW of 10k.

GCWR = 22k. No CDL needed.

There are other things that come into play with trailers over 10k that are totally unrelated to the CDL issue. Things like having the trailer DOT'd have no bearing on drivers licensing.
 
If you go to (WWW.AITAonline.com) you will find the CDL requirement for every state in the united states. It also has phone numbers for every state so you can call for CDL questions.
 
http://www.mto.gov.on.ca/english/trucks/handbook/section1-3-0.shtml

The class A driver’s licence allows you to drive a motor vehicle and towed vehicles where the towed vehicles exceed a total gross weightof 4600 kg (10,000 lb); and vehicles included in classes D and G. A class A licence does not permit you to drive a bus carrying passengers, a motorcycle or a moped.

The class D driver’s licence allows you to drive a motor vehicle exceeding 11,000 kg (24,000 lb) gross weight or registered gross weight, or any combination of motor vehicle exceeding a total gross weight or registered gross weight of 11,000 kg (24,000 lb) and towed vehicle not exceeding a total gross weight of 4600 kg (10,000 lb). It also allows you to operate vehicles in class G. A class D licence does not permit you to drive a bus carrying passengers, a motorcycle or a moped.
 
If you read the law it says that when the vehicle in tow is in excess of 10,000 LBS. you have to have a class A CDL.
 
You are indeed correct and I stand corrected. I was told different and our company policy is different so I was like blinded or something. So much for my expert status,,,,
 

Very good explanation John!! I still maintain that the best way to get the correct answer is to go down to the local registry and get the book that you have already paid for with your tax dollars. It is important also to remember that one can easily get away with passing weigh stations, but you can't get away from the family's lawyer after an accident where someone is injured.
 
Heres a thought....for you guys that are so concerned with whether or not you need a cdl why not just go spend 50 bucks and get it. A couple tests one morning and no need to worry. If I can do it any idiot can.
John
 
Because its near impossible if not harder and more expensive to fight a ticket or get it removed from your driving record.

I'm convinced DOT is negatively biased towards CDL drivers and will issue a tickets rather than warnings. Especially if your in a commercial vehicle or even look like your driving one.

I have great respect for law enforecement. I despise the politicians who turned our cops into tax collectors.
 
You are correct about them being biased thats for sure. That being said a written warning counts against your record just the same as a ticket. And you can get a ticket removed from your record alot easier than a warning. Im not saying go get tickets instead of warnings but you guys cat like having a cdl and/or a commercial vehicle puts a big target on your back. It only does to some extent there are advantages to it as well. All in theory of course but what would you look harder at a half ton hauling a 1066 or a semi and 53 ft drop deck hauling that same 1066? Overkill? Maybe. But I never got a ticket for being underloaded and over secured.
John
 
I heard about a young INDOT officer stopping a guy. His trailer had a 9k plates, however the trailer was rated at 14k. The truck was commercial and had DOT#s on it. Combined gross was under 26k and the trailer wasn't over the 9k plates. Cop gave driver a warning for not having a CDL. He said it didn't matter what the plates said, it was what the trailer was rated for. Guess what, I removes the factory sticker on my trailer? I too have 9k plates on a 14k trailer and no CDL!
 
Johninmn
What if I can not pass the physical to get a CDL.

And I also challange anyone to go get a CDL for $50
More like $500 time you pay for the CDL learners permit so you can take the road test; the CDL
license itself; road test; physical; drive to a DMV that gives out CDL's (cause everyone does not); take off work to do all of above you are well over $50
 
(quoted from post at 17:31:22 07/10/12)

Guess what, I removes the factory sticker on my trailer? I too have 9k plates on a 14k trailer and no CDL!


So where is the VIN # on the trailer now, with no sticker?
 
John I agree with everything you have written and I can answer the last statement. I can not say all states issue one, but my state issues a CDL exemption for farm use,up to 80,000 GVW and I have one. It says I can haul my tractors or machinery to or from a farm and no where does it say that I can't stop at a tractor pull on the way.
 
John in La and Butch(OH). A Pa DOT officer told me the same thing about trophy's and pulling for money. The Maryland DOT officer told me he didn't care about trophy's. My opionion is if your going out of state and they give trophys doesn't mean you have to accept it. I think I would have to go to court on that one. Maybe someone did in Maryland and that's why the Md DOT officer said it doesn't matter. What do you think?
 
Lets say you are right and it does cost 500 bucks altogether. Thats about the cost of 1 or 2 overweight tickets depending on how much over of course. Im not saying everyone needs to have a cdl but for those of you flirting with the line between commercial and non it just seems to me that the answer is pretty simple. And if someone cant pass a dot physical they must be dead because I see a pretty fair share of guys out here in terrible shape. Not all obviously but I have seen guys have to stop to catch their breath walking from the cab to the back of the trailer. I understand that there are legitimate medical conditions that prohibit getting a health card, if thats the case disregard the previous . But the bottom line is getting a cdl is not that difficult and does have its advantages.
John
 
The CDL is not the problem, it's the other can of worms that it opens up. What about the DOT number, log books,trip reports ,annual FMV inspections,fuel stickers and milage reports, apportioned plates,commercial insurance and a dozen other things you run into when you go over 26,000. There is no way to be 100% legal if they want to find something. I work on Commercial trucks all the time and you won't believe some of the horror stories the drivers tell about confrontations with the DOT.
 
Im not trying to beat a dead horse and everyone is entitled to their own opinion. But I do know the horror stories. I have even told a few. Dot officers can be royal pricks I have seen it. I have also met a few of the nicest guys you could ever know. I drive a big truck for a living. Have for almost 7 years now. The thing that bothers me most about questions like this is the guy that is driving a commercial vehicle without the cdl and then complains to no end that he got caught and has to pay the piper. Like it or not the laws are in place. And they will probably get changed again next year confusing us all again. Still we have no choice but to abide by them or give it up.
 
(quoted from post at 20:25:51 07/10/12) John in La and Butch(OH). A Pa DOT officer told me the same thing about trophy's and pulling for money. The Maryland DOT officer told me he didn't care about trophy's. My opionion is if your going out of state and they give trophys doesn't mean you have to accept it. I think I would have to go to court on that one. Maybe someone did in Maryland and that's why the Md DOT officer said it doesn't matter. What do you think?

It is best to know the law and carry copies with you. We do not need a CDL or DOT numbers to haul our tractors to shows if we are under 26,000 GCVWR. Here is what the book says, along with an official interpretation.

http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=390.3


Specifically, 390.3(f) Exceptions. Unless otherwise specifically provided, the rules in this subchapter do not apply to -

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

Even with the Guidance below, supplied by the Federal Motor Carrier Safety Administration, hobbyists are being stopped and cited by enforcement officers.

Question 21: Does the exemption in §390.3(f)(3) for the “occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise” apply to persons who occasionally use CMVs to transport cars, boats, horses, etc., to races, tournaments, shows or similar events, even if prize money is offered at these events?

Guidance: The exemption would apply to this kind of transportation, provided: (1) The underlying activities are not undertaken for profit, i.e., (a) prize money is declared as ordinary income for tax purposes, and (b) the cost of the underlying activities is not deducted as a business expense for tax purposes; and, where relevant; (2) corporate sponsorship is not involved. Drivers must confer with their State of licensure to determine the licensing provisions to which they are subject.
 
Same but different in Ontario.
Here are a couple of links , the 2nd link states a G license is considered a D when used by a farmer.
They stick us here with a commercial vehicle designation even when under the 26,000 lb limit. Apples to US and Mexico plates vehicles too.

http://www.mto.gov.on.ca/english/pubs/recreational-vehicles/part2a.shtml

http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_940340_e.htm

http://www.mto.gov.on.ca/english/trucks/guideline/cvor.shtml
 
Warnings in OK don't show up in OK, however, all OHP and local law enforcement is interconnected and have computer/network access to your history, which does include any and all stops, warnings, tickets etc. Sooooo, if you got away with 2 or 3 warnings for speeding in the past because the next officer did not know about your previous ones, this time you are more likely to get one, because of the tracked history of speeding he can access.....
 
They do in minnesota. I was told on 2 separate occasions by 2 separate officers they would not. I got one once for speed and once for a bs equipment violation. (One of my triangles broke as I was putting them out so I only had 2 functional.) Both are on my record.
John
 
Dean, any bias in DOT Inspectors/Troopers towards CDL rated drivers likely comes from the expectation that those holding a CDL are professionals that take their job seriously. You expect the DOT cop to know his job backwards and forwards. What relieves the trucker of the same responsibility? It's your profession or part time profession, it's your job to know what you're doing out there. If that's a " bias against CDL hoders", well, doesn't it kind of make sense?
 
If it's a "commercial enterprise" then you are in commerce. A trophy is "compensation for an act" as it was explained to me by a guy who sits on the FMCSA board. Therefore, in his view, any competitive show, pull, race is commercial. In the strict sense, that's a commercial enterprise vs something like a local show with no prizes. I think FMCSA needs to some out with a more robust set of guidelines on this.
 
Jim, that's the Federal end of it. Your state may have it's own laws on that you need to look into.
 
Virginia has this rule:

Commercial driver's license requirements don't apply to:

Operators of emergency vehicles, such as firefighters
Active duty military personnel operating military vehicles
Operators of farm vehicles when:
Used by farmers
Used to move farm goods, supplies or machinery to or from their farm
Not used as a common or contract motor carrier, and
Used within 150 miles of the farm
Operators of vehicles, such as recreational vehicles and rental moving vans, used only for personal use
 
i live in Ky. and i have asked two different DOT cops the same question and gotten two different answers. So, I do about whatever I want and try to look legal and hope i don't get hasseled. I seldom get bothered. I do have a class A CDL, because until last year I drove over the road. I still have my truck to haul grain with, locally and I have a F350 and a dual tandem gooseneck and I do not stop at scales and have never been stopped. I have been stopped once with my Freightliner for a safety inspection.
 
i live in Ky. and i have asked two different DOT cops the same question and gotten two different answers. So, I do about whatever I want and try to look legal and hope i don't get hasseled. I seldom get bothered. I do have a class A CDL, because until last year I drove over the road. I still have my truck to haul grain with, locally and I have a F350 and a dual tandem gooseneck and I do not stop at scales and have never been stopped. I have been stopped once with my Freightliner for a safety inspection.
 
guys i aint going to get in the middle of this fight but i am sitting here looking at my TN class A license on the back side below the organ donor section
this is exactly as printed. ( CLASS -A combination vehicles> 26000lbs
GCVWR)

so you can take it for whats its worth :shock:


















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