Question about a 42,600lb RV wrapped with a commercial advert

...but how is it being USED? The ad wrap screams "commercial".

 

PBDOG is correct here. Your state issues your license, and your state regulations are going to specifically mention "any single vehicle with a gross weight rating of 26,001 pounds or more, A combination...., A vehicle designed to carry more..., Any size vehicle that requires placards...." Look up your state they are all the same. FMCSA regulates interstate commerce. So if you engage in commerce you need to abide by motor carrier regulations as well as state MV regulations. If you are not engaged in interstate commerce, and drive a CMV by definition, you still need to be licensed properly. There are certain exemptions, for instance certain farm vehicles and some/most rvs.

 

Well there ya go:

Commercial motor vehicle means a
motor vehicle or combination of motor
vehicles used in commerce to transport
passengers or property...

He's not transporting passengers or property. He is merely driving an RV that has a big sticker on it.

 

Driving the RV from town to town and state to state for what purpose?

Just to drive it?

Think about it.

 

Who is riding on the thing? Probably reps from the company...likely going to have samples of the product on board, too. In other words, he's transporting passengers (how many is the vehicle designed to carry?) and property (the product they are promoting).

In the end, if there are any questions, you're better off treating it as a CMV and obeying the appropriate rules as opposed to pretending you are driving an RV when the LEO on the side of the road thinks it fits the description of a CMV.

 

Remember, A commercial Motor Vehicle and a CDL are two very different birds. A CDL is issued by your state and is required if you are driving something that weighs enough, carries certain #s of passengers, or requires placards. A vehicle engaged in commerce may or may not require the driver to have a CDL. A sprinter van is a CMV, but does not require a CDL. A vehicle over 26,001 pounds requires the driver to have a CDL, regardless of weather the vehicle is engaged in commerce, unless it can fit into something like the RV exemption, or an agriculture exemption. I would imagine that an RV being used for trade show purposes is not going to be considered a rec vehicle. You know the horse people have been all over this. Not for the cdl/no cdl argument (you drive a big truck you need a big license) but for the "engaged in commerce" thing. As soon as you get prizes, sponsoship, whatever, you need a DOT number and drug testing and a log book and a safety audit. These are big issues to not have in order. Ask your state commercial enforcement people if you are still a rec vehicle. If not you are both a CMV and in need of appropriate CDL. With the noose they have around the neck of this industry regulation-wise, how many loopholes do you think there are ?

 

In your own words.

This is an act of commerce and therefore makes it a commercial vehicle.

 

to the o/p, blow by the scales, let us know how you make out, you'll be fine...