CDL in a workzone

A friend of mine works for a flagging contractor for Dominion here in the Hampton Roads area. They set up traffic cones and create work zones for Dominion bucket trucks and use day labor as flaggers. He and I text a lot and several times a week he tells me of people pulling stupids like this. Not long ago a Virginia Beach Cop ran his flag and crashed into a house. Trust me on this, making contact with another vehicle is a distinct possibility!

 

Late to the party, sorry. To answer the question it depends on how well controlled your work zones are. Behind a concrete barrier then no CDL required as it is definitely off limits to public traffic. TTC situations with just flaggers and a few cones have a direct public interface and require fully licensed and qualified operators of all motor vehicles.

Now, if you were operating a piece of heavy equipment not designed for regular highway use you could claim the CDL exemption as that is outside the scope of the CDL regulations.

The guidance below doesn't specifically name tree trimming trucks and such but the comparison between that and a purpose built concrete pump truck, which is equally designed for a single purpose, should show the FMCSA's intent to require CDLs in open work zones.

Regulations Section

Question 10: What is considered a “public road”?

Guidance:

A public road is any road under the jurisdiction of a public agency and open to public travel or any road on private property that is open to public travel.

Regulations Section

Question 5: May a person operate a CMV wholly on private property, not open to public travel, without a CDL?

Guidance: Yes.

Question 6: Does off-road motorized construction equipment meet the definitions of "motor vehicle" and "commercial motor vehicle" as used in §§383.5 and 390.5?

Guidance: No. Off-road motorized construction equipment is outside the scope of these definitions: (1) When operated at construction sites; and (2) when operated on a public road open to unrestricted public travel, provided the equipment is not used in furtherance of a transportation purpose. Occasionally driving such equipment on a public road to reach or leave a construction site does not amount to furtherance of a transportation purpose. Since construction equipment is not designed to operate in traffic, it should be accompanied by escort vehicles or in some other way separated from the public traffic. This equipment may also be subject to State or local permit requirements with regard to escort vehicles, special markings, time of day, day of the week, and/or the specific route.

Question 7: What types of equipment are included in the category of off-road motorized construction equipment?

Guidance: The definition of off-road motorized construction equipment is to be narrowly construed and limited to equipment which, by its design and function is obviously not intended for use, nor is it used on a public road in furtherance of a transportation purpose. Examples of such equipment include motor scrapers, backhoes, motor graders, compactors, tractors, trenchers, bulldozers and railroad track maintenance cranes.

Question 8: Do operators of motorized cranes and vehicles used to pump cement at construction sites have to meet the testing and licensing requirements of the CDL program?

Guidance: Yes, because such vehicles are designed to be operated on the public highways and therefore do not qualify as off-road construction equipment. The fact that these vehicles are only driven for limited distances, at less than normal highway speeds and/or incidental to their primary function, does not exempt the operators from the CDL requirements.

 

Wether he is right wrong just listen to the safety guy, once you have your Cdl you should be fine.