Do I need a cdl?

Discussion in 'Trucker Legal Advice' started by Trucker1026, Sep 5, 2011.

  1. Trucker1026

    Trucker1026 Bobtail Member

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    I have a semi over 26000 gvw. And I use it to haul my flatbed trailer for my personal property (wood). I don't get paid with it. Do I need a cdl? I live in Florida and DMV and DOT won't give me a straight answer. CDL or no?
     
  2. Rat

    Rat Road Train Member

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    If you are not a farmer hauling your own farm products then I believe you do.

    But then I think anyone operating any truck heavier then 26,000 GVW should have a liscense to operate it rather then just getting by with a regular car liscense.
     
  3. U4EA

    U4EA Road Train Member

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    I'd say if you're driving the truck solely on private property, and at no point enter onto public streets/roads/highways, etc; I'd say NO, you don't need a CDL.

    Although, I'm no authority on the subject :biggrin_255:
     
  4. CondoCruiser

    CondoCruiser The Legend

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    On the federal level, any vehicle over 26,001 needs a CDL except...

    Farmers
    Firefighters
    Military in military trucks

    The thing about the regulations is they jump all around and reference other rules is probably why you can't get a straight answer.

    I did find this....

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

    And 383.3 applies to you which states a driver that is engaged in commerce, which you are not.

    http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=383.3


    I hate to mislead you, but I think you are exempt from a CDL, but you have to follow proper axle weights, load securement and vehicle maintenance. I see trucks all the time with "Not for Hire" on the side of the truck.

    Each state has to follow federal guidelines but they have the option to be stricter.

    I would contact your drivers license office and ask them. They will give you a straight up answer.

    If it's raw wood, it could be considered agriculture which falls under farming. But you need them farm tags. And you are restricted within 150 miles of the farm.
     
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  5. Trucker1026

    Trucker1026 Bobtail Member

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    Ok thanks guys I will call them in a few minutes and thanks for all of the info.:biggrin_25519:
     
  6. dieselbear

    dieselbear Road Train Member

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    Call Florida H.P. You may need a non CDL Class license. You may need a CDL. I'm not familiar with Florida, but you may have a State requirement to obey as well as any possible federal regulations. You say it's your own wood. What do you do with it. Do you provide a service of any kind then you are in commerce. For instance, a plumber or carpenter that has a truck that is over 10,000 lbs and they haul their own tools, and do not haul for hire. They are still a commercial vehicle and need to comply with the federal regulations.
     
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  7. CondoCruiser

    CondoCruiser The Legend

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    That part is important. Say you cut your own logs and take it home. You saw it up into lumber and make some pallets and then sell them, a dollar changed hands, so it is commerce. If you are cutting your own firewood, then it is not. Who has a fireplace in FL? :)
     
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  8. THBatMan8

    THBatMan8 Road Train Member

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    Yes, you need a CDL. The truck is too heavy to drive on a regular license, whether or not it's for personal use. Unless you're a farmer, you don't qualify for the argriculture exemption.
     
  9. aussiejosh

    aussiejosh Heavy Load Member

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    If your driving a vehicle on any public road you need the appropriate license to drive any vehicle end of story.
     
  10. FL Traffic Atty

    FL Traffic Atty Bobtail Member

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    Yes GVWR of 26,000+ requires CDL in FL. There are some exceptions but they are narrow. Doesn't matter if hauling personal property (in that sense the "commercial" in CDL is a misnomer). If you are driving on public roads you should get a CDL.