Getting Caught Driving without a CDL.....What happens????

Discussion in 'Experienced Truckers' Advice' started by QueenB1, Jul 18, 2013.

  1. Roadmedic

    Roadmedic Road Train Member

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    In our state, you are not given the endorsement for air brakes.

    Fail the test, you receive a restriction which is shown on the back of the license.
     
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  3. CaptainX3

    CaptainX3 Road Train Member

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    In Texas, you have to pass an air brakes test to obtain a CDL. There is no "endorsement" for the license, but any officer knows that if you have a CDL, you passed an air brakes test. That's obvious. All I was trying to point out was that there is no endorsement that appears on the license itself, and, at least in Texas, you do not have to take a test to drive a vehicle with air brakes UNLESS it has a GVWR of 26,001 or more lbs. If you're driving a light duty truck with air brakes and it only has a GVWR of say 10,000 lbs, there is no requirement to take an air brakes test.
     
  4. thirdreef

    thirdreef Medium Load Member

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    When you go get your CDL you will take the test for air brakes. Andthen they will ask you what other endorcements you want. You don't even know its there. It is kind of implied that all CDL holders will have taken that test.
     
  5. Roadmedic

    Roadmedic Road Train Member

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    I said that.

    IF YOU FAIL THE AIR BRAKES, YOU STILL CAN GET A CDL. HOWEVER, YOU GET A RESTRICTION THAT PREVENTS DRIVING AIR BRAKE EQUIPPED VEHICLES.
     
  6. thirdreef

    thirdreef Medium Load Member

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    Per California vehicle code book. 1) a commercial vehicle is where you haul freight or passengers for hire. Such as a taxi cab. Or a pick up where you have freight in it, such as you being a carpenter and you have a load of lumber in the back. This covers all trucks that can haul freight. even if you had a private car, and your carpool helps pay for gas, that is compensation and according to law you have to have a CDL. but who pushes it. The law also states that ANY commercial vehicle that has air brakes, you have to have the air brake endorsement,no matter what size. Your 40 ft motor home etc that have air brakes are not a commercial vehicle unless you are compensated to drive it. If you rent a uhaul and not get paid you don't need the endorsement, unless you are compensated. Such as the guy that has a small 1 ton dump truck, if you have airbakes, seeing how you have freight ( lets say asphalt ) and you are being compensated then you need a CDL and have the air brake endorsement. . It all depends if you are being compensated for the job of driving or not. So you have a friend help you drive that uhaul and pay for his lunch. Or buy him a coke, under the law that's compensation..but again who is going to push it. So there is a very fine line between what a commercial vehicle is and isn't. And all depends on how far the cop will push it.. Now the question is are you willing to push it.
     
  7. RickG

    RickG Road Train Member

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    :biggrin_2551::biggrin_25513: . Where do I start? Please verify all 1 ton trucks that went from air brakes to hydraulic brakes due to the introduction of the CDL. As other posts confirm a CDL is not required to operate a truck with air brakes if the GVWR does not exceed 26,000 lbs. An example is the International CXT - no CDL required.

    http://en.wikipedia.org/wiki/International_XT .
    All trucking industry laws that pertain to violations in interstate commerce are FEDERAL regulations. You do NOT need a passenger endorsement to cram 16 people in a private vehicle.
     
    Roadmedic Thanks this.
  8. thirdreef

    thirdreef Medium Load Member

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    Read one post above yours. If you are being compensated to drive and that 1 ton pick up has air brakes you need a CDL and air brake endorsement. If you have that truck as your personal vehicle, and not be compensated to drive it... You don't need a CDL. And yes you do need a passenger endorsement if you have more tHan 15 people. That is why most vans will only haul 15 people. These laws are not from wiki pediatric but straight our of the California vehicle code book. And all other states have basicly the same laws. Also you can find the passenger requirement in the FMCSA hand book that every employer is supposed to give you. You know.. The one that everybody throws in the jockey box. And not read. Funny thing about that book... Did you know that if you are driving that tractor, not pulling a trailer, not under dispatch.. That vehicle is no longer a truck.. But a motor home? Look it up. I used it in court over a speeding ticket, case was dismissed. Just like if you throw a bunch of buddies in your sleeper and go someplace, if over 15 passengers, you are now a bus. It may quack like a duck, and look like a duck, but it isn't always. As for the small trucks. Most employees didnt want the hassle of the air brake endorsements so employers wouldn't buy trucks unless they didnt have air brakes.also that vehicle that you mentioned, is advertised to carry 20 ton. So the GVW is well above the 26,000 cut off.
     
  9. truckman29801

    truckman29801 Medium Load Member

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    I tried to take a class b test once at the dmv. Truck had airbrakes but was under 26k. They sent me home with my reg license. Th. Examiner said because it has airbrakes doesnt mean you need a cdl. If your towing something over 10k on your ball, stinger, wheel lift, pintle hitch, ect ect. Then you need a cdl
     
  10. truckman29801

    truckman29801 Medium Load Member

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    And for clarification purposes...If you FAIL the Airbrake portion of the Skills test they wont issue the CDL to you. they will stop the test and tell you to come back. they arent letting you take them out on the road test with an airbrake equipped vehicle knowing you dont know how to properly drive it. Ask any DMV that test CDL applicants.
     
  11. thirdreef

    thirdreef Medium Load Member

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    If you can't pass the air brake test, you can't drive a truck with air brakes . Wait until you get your license, think everything is ok, and somebody didnt hit the key to put the air brake on the computer. You don't know until the DOT shuts you down for not having it.. And it's Friday night after DMV closes. Also if you have a vehicle that you don't use for commercial use, or where you are compensated, you don't need a CDL with air brakes.. Example you own a 40 ft motor home and it has air brakes. No CDL or endorement. Now if you were hired by the owner to drive that same motor home, now you need a CDL with endorsment.
     
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