Question for David Diehl

I have a Dually, and a gooseneck trailer (12K rated trailer). I run a regular truck tag on my truck, 22k .. A few times a year, I hook up the trailer, and take a tractor or skidsteer about 20 miles to do some work on property that I own, bushhogging or clearing some brush. I do not have a CDL, or current medical card.

If you stopped me, would I get a ticket/citation? If yes, how bad would it be??

On the other side of the coin, I see a guy that goes by here. Small Toyota truck, broken-down single- axle trailer, with a big skidsteer on it. From my interpretation of the law, he is actually more legal than I am.. an 8,000 lb machine on a 1,000 trailer is below the 10K limit..

Thanks for any input..

Sorry I missed this part. If the violation exists, a citation is definite. Removal of the vehicle from the public highway will occur. The typical citation where I live...

$89.50 Court cost
$1 - $10,000 fine range
$150 tow in
$20 per day storage.

It can be expensive. The DOT numbers cost $300 in which the state gets nothing. BUT, its going to be a whole lot cheaper to prove insurance and obtain what is needed to do non-personal business.

When you say dually I assume you mean a 1 ton as in F350.

Part 1 CDL rules;
As far as I know a 1 ton has a gross combination weight rating (GCWR) of less than 26,000 lbs.
You have it tagged for less than 26,000 lbs.
So you are exempt from CDL laws that start at 26,001 lbs. You only need a medical card to get a CDL.

Part 2 DOT # rules
You said you gross over 10,000 lbs a few times a year; and then only to move your tractor for the purpose of cutting grass on land you own.
This falls under exemption rule 390.3(f)(3) "The occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise"

So you do not need a DOT #.

Now if you would be using this rig to haul the tractor to your property to cut hay and then selling the hay; or feeding it to cows you sell; then you are no longer exempt and need a DOT # and all that implies but still do not need a CDL.

As long as you are under 26,001 lbs you do not need a CDL and as long as you are under 10,000 lbs or only using a rig over 10,000 lbs for occasional transportation of personal property; not for compensation or in the furtherance of a commercial enterprise you do not need a DOT #.

When we are dealing with trailers the truck must carry a tag for the whole unit. In other words a tractor trailer unit has a 80,000 lb tag on the truck even though you need a trailer to carry this much weight.
You say you have a Chevy 2500 but did not give any other info about the truck. If you look at the Link you will see gear ratio; engine size; ect play into weight ratings.

So lets assume some things here. Your truck has a GVWR of 8600 lbs as you said. This is the truck only. You are legal to load anything in the bed of the truck till the truck grosses 8600 lbs.
Now lets add a trailer..... ..
It can pull a trailer that weighs 10,500 lbs and has a GCWR of 16,000 lbs. (This is a guess...Yours may be different)
GCWR is the gross combined weight rating; truck; trailer; and load.
Your trailer may be rated for more than the 10,500 lbs but that does not matter. They will use the truck weight ratings. In other words you could hook a semi trailer on your pick up and still only pull the truck ratings.
You just shoot your self in the foot by doing this though. In the example your truck can pull a trailer and load that weighs 10,500 lbs. If you have a trailer that is rated and has axles to handle 25,000 lbs it is going to weigh more than one that is rated at 10,500 lbs so you lost load carrying ability. Just because your trailer is rated at 25,000 lbs does not mean you can load it this heavy; because the truck will not handle it. And if you think the DOT boys are bad; let the weight guys get after you. Or even worse get in a accident and let a lawyer find out you were pulling a trailer loaded more than the truck specs.

With this example your truck should have a tag on it for 16,000 lbs if you plan on pulling a trailer. If it does not the DOT will use this 16,000 lbs any way because the truck is rated for it and can haul it.

At 16,000 lbs you are well under the CDL laws so you will not need this; but you are over the 10,000 lb limit for DOT # rules. So now you need to find a exemption to not have the #.

So the only question now is "Do you make money from the move" You do not have to answer yes to the question of... Do you haul for hire; the real question is... Do you make money from the move.

Pulling the horse trailer to rides is exempt. That is for pleasure. If you sell the horse you could not deliver it because you are now making money. Most do not get this technical because how can they prove you are delivering the horse and not going to a pleasure ride.

Going to pick up the F14 is exempt if you plan to restore and use it in shows. But if you were going to use it on the farm it is no longer exempt because the farm makes money. OR at least it is suppose to.... LOL.

The fact that you do farming is what gets you in trouble because you now make money. Does not matter that you own all the equipment. You could fall under the farm exemption if you claim the farm as a income and fill out the proper paper work to get a farm tag for your truck.
The farm exemption has teeth to it when trying to get around DOT laws. It will exempt anything up to a tractor trailer from some dot laws; even the CDL.

The grass cutting is the real no no. This is not a farm so a farm tag and exemption does you no good and you are getting paid for the cutting of the grass so you must have the DOT # for that.

So can you see the difference now.
Take this test.....
Does you truck have a GCWR of 10,000 lbs or more?
Do you use the truck in a business. (farming is a business)

If you can answer yes to both these questions you need a DOT #. If you answer NO to either question you do not need a DOT #.

Hope this helps you out to understand the laws better.

Let me ask a few example questions. A guy has a 1/2 ton truck with a GVWR of 6500# and he pulls a bass boat that weighs 3502# on the trailer with gear -> putting him at a total of 10,002 pounds.

If he goes to a fishing tournement and wins $3 - is it true he must have a DOT number on the truck? If it does require a DOT number,why don't DOT enforcement actions occur at all fishing tournements? There will be obvious violaters there.

If he takes a buddy fishing as a way of saying "thank you" for having helped him out with some chores, does he need a DOT #. Remember, the buddy performed work for him, saving him money thereby enriching him. Imagine "Hey buddy, help me 'rock the basement and we'll go fishing next weekend in my new boat".

I'm NOT asking if this can be proven, just is it technically requireing a DOT number.

Let me tell you the DOT knows who to pick on.
They pick on big trucks because there is no question that they fall under DOT law. They pick on farmers because they know they have red dye diesel on the farm and if caught with it in a truck there is no question on the violation.
The ticket is given and the fine is paid. No courts involved.

But 1 tons and boats are left alone. They would have to spend time stopping people that do not fall under DOT law just to find the guy that does. Then they have to gather evidence; make the case; the DA has to get involved; it goes to court; and they may loose wasting all that time.

(Not that I like it! - but no body asked me...)

Most boats/ trailer under 3000??? You must not see many real fishing boats. 18-20' long, 70-100 gal fuel, 3 coolers, 4 live wells, 250hp outboard, 9.9hp troll, (maybe twin electric trolling motors), 4 marine batteries, gear for 5 people and enough electronics to light a Christmas tree. High caliber Bass and Walleye boats are going to run 4000 + trailer when loaded down. Those trailers have two 3500# axles for a reason....

jb