CDL-What is definition of "commercial"?

Discussion in 'Questions To Truckers From The General Public' started by hpcrank, Mar 8, 2012.

  1. hpcrank

    hpcrank Bobtail Member

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    Mar 8, 2012
    Colorado Springs, Co
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    Hello

    We have a GMC Topkick Toterhome and will be pulling a race car trailer with it and do not believe that our race opperation should be considered a commercial opperation (have records that prove a large negative cash flow!!). We met a State Patrolman in Nebraska a couple of years ago with our previous rig that said if we won ANY money or if we have sponsors then we are a commercial opperation and need a CDL even if the rig is registered as an RV in our home state of Colorado.

    Any thoughts?:biggrin_25512:
     
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  3. Emulsified

    Emulsified Road Train Member

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    Dallas, TX
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    The general rule of thumb is: If the endeavor makes or TRIES to make money, or if the driver is paid to pull the trailer or if the truck or trailer is owned by a profit making enterprise, you need a CDL.
     
  4. hpcrank

    hpcrank Bobtail Member

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    Mar 8, 2012
    Colorado Springs, Co
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    Emulsified

    Thanks for the reply, since we do not try to lose money I guess we would have to admit that we do TRY to win money and therefore are considered a commercial venture.

    Would you recommend my son and I obtain a CDL or wait until the issue comes up on the road? Is there a process whereby one can ask this question to a Federal Hwy Admin type person to get an official reply?

    Thanks.
     
  5. cruisecontrol

    cruisecontrol Medium Load Member

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    Apr 13, 2010
    Rockingham, NC
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    I would obtain one now. If you wait until the issue comes up on the road, then you may be put out of service until you can find someone that can legally drive the rig.
    Anyway, I know a few people that have a commercial vehicle (with DOT number) but are not required to have a CDL. I thought the CDL was for the air brakes and weight.

    http://cdltrainingconsultants.com/Who_Needs_a_CDL_.html
     
    Last edited: Mar 8, 2012
  6. Roadmedic

    Roadmedic Road Train Member

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    CDL issue is when your combined gvwr puts you over 26,000 lbs.
     
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  7. juzcruzzin

    juzcruzzin Bobtail Member

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    Jul 8, 2011
    Dayton, Ohio
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    I agree with Emulsified but let me add

    as long as you are not getting paid to haul the trailer or race car and your Toterhome is clearly marked not for hire you do not need a CDL, unless it is equipped with air brakes and the DOT in that state requires the proper endorsement
     
  8. Roadmedic

    Roadmedic Road Train Member

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    In this situation you are only partially correct.

    The OP is in the business of trying to win. This makes it a commercial venture.

    Many states are looking at this anymore. If the GVWR is over 26,000, it will require a CDL.

    If the Toterhome is not hooked to the trailer and is being driven as a private vehicle, then a CDL is not required.
     
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  9. CondoCruiser

    CondoCruiser The Legend

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    Tennessee
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    RoadMedic is correct. Only over 26,000 lbs combined GVWR are you required to have a CDL. The cop should of looked at your spec labels on the Toterhome and trailer max GVWR. The race car is nothing but freight and isn't computed. But it shouldn't exceed the trailer's load capacity.

    But you do need commercial tags and anything over 10,000 lbs, you need a DOT medical card. Anything over 26,000, you need a CDL.

    The spec labels should be accurate or you can go to some truck stop and scale out to have peace of mind.
     
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  10. CSimmons22

    CSimmons22 Bobtail Member

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    Feb 18, 2009
    Detroit, MI
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    This isn't really the domain of the FHWA. The FMCSA makes these rules, and they can be hard to get a hold of sometimes. I would recommend contacting your state's official Trucking Association. In CO, it's the CMCA, or Colorado Motor Carrier Association. Their contact info is at http://www.cmca.com/about/staff.htm

    At least here in Michigan, they're a good group of folks. Hopefully, they are too in CO. Good luck with that!
     
  11. juzcruzzin

    juzcruzzin Bobtail Member

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    Jul 8, 2011
    Dayton, Ohio
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    Roadmedic.

    I see your point, with the exception of
    "The OP is in the business of trying to win. This makes it a commercial venture"

    if this is the case I would need to have a bussiness liscense for everything I want to win at.:biggrin_25525:
     
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