Trailer towing again (1 Viewer)

[Jeff]

I was an idiot and went to get my class A license initially with no trailer. DPS officer walks up as I was parked in the waiting area, she walks around the rig once, comes up to the window and says "you here for your class B license?" ... I reply "No maam, I'm hear for a Class A driving test" ... she circles the vehicle one more time and comes back to the window "Sir did you have a trailer behind your RV when you left your house?"

After my "Here's your sign" moment, I got my Class B rating in the morning, and Class A in the afternoon. Blew an extra $10 on that one.

I wasn't going to bring an overlength trailer to the test so I brought an equipment trailer ... it was registered for 7500 lbs but rated for 14000 lbs. She was nice enough to tell me in advance to make sure I brought the registration and make sure is was for over 10k lbs. Still wasting money on that excess registration.

 

[DrRocket]

I just carry a copy of my license, and a copy of the law in my truck at all times. I've never been questioned though....

It was about 2 years ago. the Deputy pulled me over for a tail lamp that was out. (It WAS out, so it was a legitimate stop.) I happened to have my mobile installed and running at the time. it was tuned to a local repeater. He pointed at it, and asked "Does that have scanning capabilities? If so, it's illegal! Please remove it and hand it over." I showed him my license (Which I ALWAYS have on me.) and the copy of the Minnesota law I carry in the car. He was still convinced it was illegal to have it in the car. He finally agreed, reluctantly, to check with his superiors, and was astonished (And somewhat disappointed, I think.) to learn it was indeed legal for me to have it. It's the only time I've ever had to defend my right to have it in the car.

I've been told by fellow hams to never have it in the car when in Illinois. I've been told that law enforcement in that state will confiscate the radio, smash it on the spot, and let a judge sort it out.

 

[.]

It was about 2 years ago. the Deputy pulled me over for a tail lamp that was out. (It WAS out, so it was a legitimate stop.) I happened to have my mobile installed and running at the time. it was tuned to a local repeater. He pointed at it, and asked "Does that have scanning capabilities? If so, it's illegal! Please remove it and hand it over." I showed him my license (Which I ALWAYS have on me.) and the copy of the Minnesota law I carry in the car. He was still convinced it was illegal to have it in the car. He finally agreed, reluctantly, to check with his superiors, and was astonished (And somewhat disappointed, I think.) to learn it was indeed legal for me to have it. It's the only time I've ever had to defend my right to have it in the car.

I've been told by fellow hams to never have it in the car when in Illinois. I've been told that law enforcement in that state will confiscate the radio, smash it on the spot, and let a judge sort it out.

So what about 2 meter mobile ham radios? All 2 meter ham radios are capable of receiving VHF public safety frequencies by default. (as I'm sure you know) I wonder if the Illinois Police know this?

Do you carry an ARMER P25 digital trunking scanner in your car at all times? I have one but rarely carry it with me.

 

[DrRocket]

So what about 2 meter mobile ham radios? All 2 meter ham radios are capable of receiving VHF public safety frequencies by default. (as I'm sure you know) I wonder if the Illinois Police know this?

Do you carry an ARMER P25 digital trunking scanner in your car at all times? I have one but rarely carry it with me.

I was told yes, they know, and they don't care. They don't think ANYONE should be able to have a radio with scanning capabilities in their car. Period. I was told to just put it away in the trunk when passing through Illinois, it isn't worth the fight.

The radio in question was my YAESU dual band 2M/70cm.

 

[rocketman]

I got it sorted out. I can take the test using my truck and trailer and a trip permit to get it there. But I have to get someone with a CDL to take me there and I have that arranged too.

 

[cephus]

it really comes down 2 the officer most of the time, ala has pull us over b/4 but they just wanted to c the car.

gk

 

[rocketman]

I got my medical card for the CDL today. The next step is the written test next week.

I will say this though, I am glad I'm having to study to get this CDL because my rig is the size of a semi in length and there are a lot of things I didn't know as a "truck" driver that I do know now which will make me safer on the highways.

Having said that, I believe anyone pulling a heavy trailer, Motorhome, RV or whatever that is over 26,000 lbs GVWR should also have to pass the same written test I do. They are just as heavy as I am coming down those hills. Just because it's registered as a motorhome does not mean their rigs are any safer than mine. Fire away.

 

[Jeff]

Rich,

I've had my Class A exempt a pretty long time, and I got it in Texas (not your state), but I studied the same book a person would study for a commercial driver's license .... I had two chapters that I recall not applying ... the Hazmat section and the tanker truck section.

I'm sure whatever learning you are doing is better than what I've learned, but I will caution you that thinking seems to be a little bit of an illness you have contracted. You'll learn more if you think you can always learn from others, rather than trying to teach(preach) them something you are in the process of learning.

Jeff

 

[None]

Rich,

I've had my Class A exempt a pretty long time, and I got it in Texas (not your state), but I studied the same book a person would study for a commercial driver's license .... I had two chapters that I recall not applying ... the Hazmat section and the tanker truck section.

I'm sure whatever learning you are doing is better than what I've learned, but I will caution you that thinking seems to be a little bit of an illness you have contracted. You'll learn more if you think you can always learn from others, rather than trying to teach(preach) them something you are in the process of learning.

Jeff

Depending what kind of racing operation, and what you put in the trailer, you still have know the haz mat rules.

 

[rocketman]

You don't need hazmat if you fuel weighs under a certain amount of pounds. Try to take just what you need. Forget all the exemptions Jeff. That is the problem. The laws as they are right now are not consistent. I have a friend that delivers food every day as his job. He delivers it in a truck with a box on it. Even though it's his sole living he doesn't need a CDL because the truck is under 26000 lbs. So you can throw the commercial part of this out the window. If this is about safety then EVERYONE towing a heavy trailer should have to at least take a $10.00 CDL exam because they are no safer coming down those hills than I am. Lets have a mid level license designed for racing, horses, big boats, big RVs, whatever, anything over 26,000 lbs so everyone can be safer out there.

 

[.]

Even though it's his sole living he doesn't need a CDL because the truck is under 26000 lbs. So you can throw the commercial part of this out the window.

Are you sure about this?

I don't know about other states but here in Minnesota, if I'm not mistaken, you would still need a class "C" CDL to drive a box truck under 26000 lbs. A class "D" is now the standard NON CDL that the average person has.

Originally when I got my class "A" CDL, there were 3 types of licenses..... "A" for combinations over 26001, "B" for single unit vehicles over 26001, and "C" for everyone else. At some point throughout the years the standard "C" license also became a CDL for people who drove commercial vehicles (involved in commerce) but didn't fit the requirements for an A or B. If your friend only has a "D" license then he shouldn't be driving a commercial vehicle regardless of size or GVWR.

I could be dead wrong on this because it doesn't affect me.

Edit:

I did a quick google search and I now see there are a few differences between states. Click this link and scroll down to your state to see the definitions for each type of license.
Types Of Driver’s Licenses | AAA/CAA Digest of Motor Laws

I wouldn't exactly say "So you can throw the commercial part of this out the window". Your friends truck would still be considered a "commercial vehicle" (involved in commerce) and can be pulled over for a road side inspection at any time.

 

[rocketman]

After I wrote that I started thinking that I was wrong and he needs a class B CDL. If he does, I'm surprised the organization he works for hired him without one. But he told me last week when I mentioned this he doesn't need one.

 

[Jeff]

That's a nice link Brian, it shows a lot of differences between the various states.

Rich, I see your predicament a little better (you have few choices in Oregon), and I assume if you glance at Texas you can see how a class A holder is not really "skating the rules" (like you are/were ... assumable driving with the same license/testing you've had since you were 16).

 

[rocketman]

I went and re-read the CDL Manual and I was right the first time. If you are a full time truck driver regardless of what or why you are hauling, if the commercial truck's volume gross weight rating is under 26,000 then you don't need a CDL. In other words you can drive a 25,000 GVWR box truck for Fed Ex every day and not need a Commercial Drivers License. But if you haul a race car to the track or to display then damn it you better have one.

 

[Jeff]

Rich,

It is too bad you don't understand what a commercial enterprise is.

Just so more readers don't take your unreferenced musings as gospel....

General applicability. - Federal Motor Carrier Safety Administration

The above link is the section of the federal code that delineates the general applicability of these rules. If you'll scroll down the 390.3(f)(3) you'll note the exemption for "the occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise."

Follow this link to Q&A 21:

Interpretation for 390.3: - Federal Motor Carrier Safety Administration

and you'll see why everyone is not engaged in commerce, but some are...

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.


Rich, you clearly have corporate sponsorship, so you can't use this exemption. Many, maybe even most, of us are engaged in a hobby and can carry a plain old class A license in many states (other than residents of Oregon where it appears a non CDL class A is not available) and be perfectly within the law. I'm picking at you because much of what you post is hearsay painted with an overly broad brush. Just because you've never driven your race rig legal, does not mean that the rest of us are not legal without a CDL.

 

[rocketman]

Rich,

It is too bad you don't understand what a commercial enterprise is.

CDL.

LOL, Jeff I'm not saying what i do isn't a commercial enterprise. It clearly is And I'll be taking the test this week. I was unknowingly not in compliance. The cop said that the vehicle in the trailer can get prize money so I was a commercial vehicle regardless of the sponsorships. I disagree with that but my whole racing program falls under those guidelines.

Once a again, my point is that it doesn't matter if it's a commercial enterprise or not. They are going strictly by what the rig weighs unless it's exempt as an RV, the big loop hole.

Jeff, people can use commercial vehicles day and night for moving goods and services without a CDL just as long as that vehicle weighs under 26,001 lbs or has a GVWR under that same amount. And Jeff, that is the federal rule. I've read it forward and backwards 100 times. Sorry if you have rig over 26,000.