36,000lb and no CDL?

Taken straight from the FMCSA website .....................

Classes of License and Commercial Learner's Permits (CLP)
Pursuant to Federal standards, States issue CDLs and CLPs to drivers according to the following license classifications:

Class A: Any combination of vehicles which has a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more) whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds) whichever is greater.

Class B: Any single vehicle which has a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 pounds or more), or any such vehicle towing a vehicle with a gross vehicle weight rating or gross vehicle weight that does not exceed 4,536 kilograms (10,000 pounds).

Class C: Any single vehicle, or combination of vehicles, that does not meet the definition of Class A or Class B, but is either designed to transport 16 or more passengers, including the driver, or is transporting material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 CFR Part 172 or is transporting any quantity of a material listed as a select agent or toxin in 42 CFR Part 73.

So, if I am understanding your question correctly, your driver would still need at least a Class B

 

No. Wait a minute. Just read over it again. Your dump is under the 26k limit. So, if trailer is under 10k, you shouldn't need a cdl. I would still contact your state police or state DOT and ask them though. Just to be sure.

 

I don't think you need one. I presently drive a rollback wrecker at 23,000 lbs GVW, no air brakes. However, let's say you have two heavy cars (Mercedes comes to mind here); one car on the bed at 3,400, plus another one on the stinger also weighing in at 3,400, would put you just shy of 30,000 lbs. Still don't need a CDL to drive it. So I can only conclude that the 26,000 GVW limit only applies to the weight of an unladed vehicle.

 

Note the use of the word "gross" in their rules. Gross is vehicle weight plus load. With your line of thinking, a fella I know who has stripped his truck of everything he can to reduce weight and has his truck and flatbed trailer down to 25,700lbs can drive it without a CDL loaded to 80,000lbs. Not gonna happen. And if a DOT officer wanted to be a Richard Edward, he would give you an overweight ticket at 30K.

 

Then the whole combination better weigh under 26,000, because when the DOT writes you for being overweight,(because you're not tagged for the right weight), then they pop you for NO CDL, enjoy that fine and tow bill to get it out of the scale.

 

That's my take on it. Under 26 or break out the wallet. But I think it would be wise to get that answer straight from the horses mouth. Best to call the governing authorities and ask the original question.

 

If the combination has a GVWR over 26,001lbs, then you need at least a class B CDL, assuming of course that you're not eligible for the farm exemption.

 

What says his combination won't be registered for the correct weight? He could have a registered GCWR of 36,000 pounds with the trailer at 10,000 and the dump truck at 26,000. Since the CDL qualifications go by the manufacturer design gross vehicle weight rating, not the registered weight, he would be fine. I look at it this way, when I was a Pennsylvania third party cdl examiner, if he showed up in that combination the only test I could give him was for cdl class c since the power unit (dump truck) is not over 26,001 GVWR it does not require a cdl to operate, and the trailer it is towing is not over 10,001 pounds GVWR so it will not jump the combination into the class a territory, since to be class a the trailer has to be greater than 10,001 pounds gross weight rating with a combined gross weight GCWR greater than 26,001. Yes, the CGWR will be 36,000 pounds but the important part is the power unit is under cdl and so it the trailer. Same logic applies to the guys using dually pickups and wedge car trailers or gooseneck trailers. Unless his state has a state guideline that uses registered weight in addition to manufacturer gross weight rating to determine cdl requirements he is good to go. By the Federal cdl classification system he is in compliance. Even New York did away with their class c & d cdl program except for passenger and haz-mat years ago. They used to require a cdl for anything over 18,000 pounds, became a problem with out of state drivers have non-cdl licenses good for up to 26,000 pounds and operating in New York.

The best advice has already been given though, if in doubt check with your home state and/or the states you plan to operate in to be sure you are in compliance. Some states do things differently for in state only operations and farm operations. Better safe than sorry, ShoTyme is right to tow and impound is expensive!

 

Simply put, the combination would not be any different than a 26 foot U-Haul at 25,999 GVWR pulling one of their car trailers at 9,000 GVWR, under cdl in all 50 states. Just because the numbers are right at the edge of the law doesn't make any difference as long as they are not over. Just my two cents.