CDL or not CDL

Discussion in 'Trucking Industry Regulations' started by Dino soar, Jun 23, 2024.

  1. Dino soar

    Dino soar Road Train Member

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    I think I'm going to buy a dump truck because I need to haul some stone onto the property and I have some things to haul out and work on the driveway Etc.

    I do have my CDL but I don't drive commercially anymore and I'm not keeping records or any of that on myself any longer.

    So the question is, since my home address that is on my driver's license is the same physical location as my trucking business, what are the regulations if I have a commercial vehicle that I'm hauling into my own place?

    So if I have a 33,000 lb dump truck that is in my own name and doesn't have commercial insurance, and I'm hauling stone back to my property, are they going to tell me I'm using a CDL vehicle for business purposes, or are they going to tell me to have a nice day be safe driving your non CDL application back to your home.

    @brian991219
     
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  3. brian991219

    brian991219 Road Train Member

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    You are based in PA, so anything with a GVWR over 17,000 pounds used for commerce will require all the same records as your trucking company did except the drug test. You would be a private motor carrier of property.

    so, the question is, why are you hauling the stone to your property? Is it property you are fixing to filp or is it truky your homestead? If it is the farm land you talk about then you would still be commercial, although maybe eligible for farm plates.

    Are you comfortable convincing the officer it is truly non-commercial use of the truck?
     
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  4. Dino soar

    Dino soar Road Train Member

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    Well this is definitely my home. The farm is my brother's place and that's completely separate

    The question is that the property itself is residential commercial and I do have a separate garage and yard from the house. Same address.

    So truly I am just hauling things back to my own property. I'm not a contractor or anything like that but I do have a little bit of ground and I need a dump truck because there's always something to move- dirt, firewood, whatever.

    So I I'm wondering whether that falls under my own personal usage or are they going to conclude it is business usage. I have no business to use that truck for, but they may say well if you're doing improvements where you're going to run your business that's commercial .. you tell me Brian you have the answers to these things.

    By the way thank you for answering all of my many legal questions.

    I just need to know what size truck to get because I'm going to have to get something.
     
    Last edited: Jun 23, 2024
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  5. Dino soar

    Dino soar Road Train Member

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    @brian991219

    Brian I just wanted to follow up with you about this situation.

    I have to either buy a truck or start working on one of the ones I have very shortly.

    So to just recap quickly, I want to buy a dump truck that's going to be for the property here that is my home. The truck will stay tagged and it will be the property truck whether that's for snow plowing the driveway or hauling in mulch or fixing the driveway, whatever.

    This is residential commercial, this property here, and it is the address of the business also. There's a separate garage here and yard.

    I assume you will tell me that falls into CDL regulations, but I just wanted to know for sure because I really need to take action on what truck to put into service.

    Thx Brian
     
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  6. Rideandrepair

    Rideandrepair Road Train Member

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    Pennsylvania seems to make up their own rules, supported by the local Magistrate. Seems to me you should be able to use your own Truck for your own personal use. No differently than a pick up truck. Only difference would be needing the proper license CDL, insurance, and private plate in your name. We have a neighbor who bob tails around in an old Military day cab every weekend running errands. Doing personal business. I see him at Walmart, Post Office, etc. I’m sure I could get a load of rock for my property with a dump truck. I’ve done it with my pickup. Didn’t need my business name involved. No different. You’re not earning income, therefore it’s not commercial use. Michigan went crazy a few years back, requiring DOT #’s on everything on wheels that was used commercially. They’ve since lightened up. Still as far as I know it only applied to Businesses, not personal use vehicles. I think you can get proper personal use Ins., plate, drive that truck around, go grocery shopping, out to eat, pick up a load of rocks for the driveway and anything else for personal use. Just because your business is located at home doesn’t mean everything purchased is for business use. Your not planning on writing the cost off your Trucking Company’s tax returns right? It’s a non issue. However my experience in Pa. The local DOT certified police are money hungry and together with the magistrate make up the law to suit themselves. It’s a revenue maker. Might have to fight for your right to Truck. Lol. You probably know more about what it takes to appeal a Magistrate decision and get before a real Judge. I’ve never bothered, though I was wrongly convicted twice over personal conveyance issues. I can imagine you going to court trying to prove your no longer Trucking, and only doing personal projects. Anyways good to see you here. Amazing how things have changed. Will call you someday to catch up. Good Luck. Stay busy.
     
  7. brian991219

    brian991219 Road Train Member

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    If you are truly not doing anything commerical then you don't have to worry about anything except the proper class of driver license, insurance and a PA truck plate. If you are really worried about it, het a small mason dump under 17,000 GVWR and then you don't need anything but a class C regular driver license in Pennsylvania.

    You may run into issues with getting non-commercial insurance on your truck, and remember if it is over 26,000 pounds PA will require at least a non-commercial class B.
     
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  8. Dino soar

    Dino soar Road Train Member

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    I just want to make sure that I clearly understand you.

    It does not matter what size truck I use as long as it's coming back to my personal residence and it's only used for that property. No Contracting no business nothing else.

    It does not matter the property is residential commercial, it does not matter there's a business on the property, as long as that truck is not used for any business only for maintaining this property.

    That is the purpose of whatever truck I buy is to maintain this property not for any business usage whatsoever.

    Brian please let me know that I have that correct and thank you so much again.

    I need to get looking for a truck.
     
  9. brian991219

    brian991219 Road Train Member

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    The only complicating factor I see is if you rent the property to that business. Then you are a landlord and the property maintenance could be viewed as a commercial activity, which would make this a commercial dump truck. I have some residential rental properties and each one is treated as a separate business entity of mine, each with its own profit and loss statement, tax deductions for the repair and upkeep and other operating costs. They are insured as commercial property even though they are zoned as residential, because I am in the business of renting houses.

    I wish the regulations were not so complicated, or made clear exceptions for these situations where the commercial activity, if any, is very minor. This is one I would be tempted to play in the grey area. I think you may be overthinking it, although it will likely cause some questions from the motor carrier officers because it is not normal to have a large dump truck for simple property maintenance on residential property. I would be prepared to be stopped occasionally just for them to check on what you are doing.

    Having a small mason dump, they won't blink an eye at, but getting into a class 6 or 7 chassis, that looks commercial so be prepared to prove you are not engaging in any business should an officer decide to challenge you.

    I hate that we need to ask permission to do stuff with our own land, and how overly complex the simple act of hauling something on your own has become. I may make my living working with these regulations and laws, but inside I am a fan of small government and common sense, not burdensome regulation.
     
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