CDL or Non CDL????

Agreed.

CDL requirement has nothing to do with registered or actual weight. It is based ONLY on weight rating.

Actually, that change (Federal Register entry 77FR 51706 dated 08/27/12) was rescinded by 77FR 65497 dated 10/29/12.

Definition of GCWR in 383.5 (CDL) and 390.5 (equipment regs) remains:
Gross combination weight rating (GCWR) means the value specified by the manufacturer as the loaded weight of a combination (articulated) motor vehicle. In the absence of a value specified by the manufacturer, GCWR will be determined by adding the GVWR of the power unit and the total weight of the towed unit and any load thereon.

The only time actual weight is used is when a trailer is missing a manufacturer's GVWR. It is not "which ever is greater."

 

Sorry guys but this is strraight out of the regs. The definition change you are referring to is different than this.

383.5
Commercial motor vehicle (CMV) means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle—
(1) 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; or
(2) Has a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 pounds or more), whichever is greater; or
(3) Is designed to transport 16 or more passengers, including the driver; or
(4) Is of any size and is used in the transportation of hazardous materials as defined in this section.

Part 383 defines the CDL requirements and this is the definition used to determine CDL class. This was changed about 2 years ago.

(2) is where our truck in question comes in. If the GVWR or GVW exceeds 26K then a CDL would be required.

I have already dealt with this in a compliance review in MS, this is the definition the FMCSA investigators are currently using.

 

I understand there is a difference in the CDL groups found in 383.91, but the definition was changed in early 2011. The FEDS look at it one way and the state another. You will see 383.91 updated to the new definition in the near future. I posed this question to a JJ Keller expert and he clarified. I will post the question and response from Keller when I get to my computer, can't do it on the iPad! GVW is definately now relevant.

 

"Now" failure to comply with 383.91 (a) as it is written will get you put out of service. NASOOSC Page 3.
"Now" to obtain a CDL the GVWR to determine vehicle class is a must. The feds recently disallowed actual weights to determine vehicle groups when we test.
Best regards

 

The GVWR cannot change. In the OPs box truck, it's 26,000 LBS. Adding a tank does not change the rated GVWR. It's still 26,000 LBS. If the truck ends up weighing more than 26,000 LBS with the tank, it is now overweight. Thats why it's irrelevant.

 

I understand the GVWR cannot change, but the GVW (curb weight) can and does change as the vehicle is loaded/unloaded.

I just got off of the phone with a FMCSA investigator and he confirmed, you go by the GVWR or the GVW whichever is greater. So a truck with a GVWR of 26K or less would not require a CDL, but if the GVW (curb weight) exceeds 26K even by 1 pound, a CDL would be required.

 

You have federal regulations and state regulations which can be stricter. I found out yesterday PA has a regular class C and a commercial class C. It appears IN is the same way. Down here in TN and even IL have class D's (<16,001) and class C's (16,001-26,000).

So stuff like this it's best to look at the state regulations.

 

CDLs don't go off curb weight. Curb weight is how much the vehicle weighs when it's empty. It doesn't change regardless of how much you load into the truck. GVW is a combination of curb weight and loaded freight. The combination cannot exceed a GVWR, legally.

The OP's box truck has a GVWR of 26,000 LBS. This is not the curb weight. It's the maximum amount of weight the vehicle is allowed to have, in conjunction with the bridge formula. GVWR includes the loaded freight.