Question about the Automatic restriction.

Discussion in 'Trucking Industry Regulations' started by dajain, Aug 25, 2024.

  1. dajain

    dajain Light Load Member

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    Here is the situation. Sorry it's so long but just want to give all the facts....

    My commercial truck is a 2008 Dodge Ram 3500.
    The trailer I haul with is a 22' flatbed bumper pull with the hydraulic full deck tilt.
    I've been cross country with this setup several times over 3 years and NEVER had an issue.
    One day, going from Utah into Colorado, I get pulled aside.
    This past year, I went thru the FMCSA safety audit and they apparently didn't think of this either.
    The truck GVWR is 12,500 pounds. The Trailer GVWR is 14,000 pounds.
    That puts the unit at 26,500 pounds.
    Problem is, I don't have my CDL. Just stick to light duty towing.
    Got OOS until a lighter duty truck (My other Dodge GVWR 9800#) could come get the trailer and take it home.

    The issue with this trailer has been corrected and I am actually going to take the CDL written in the morning.
    I used to have it but stupidly, let it go.

    So, here is the thing, I am in the market for a decent gooseneck flatbed and before I get that into service, I will need my CDL due to the higher GVWR.
    My Dodge is also an automatic, so I'll have that restriction on the license.

    So, here is the sticky points.
    I also have a FLD120 single axle truck I use for private use only.
    I won't lie, I have done more than 26,001 with the truck but it's with my toy hauler. Like it says on the door, Private use only. Been driving it for 2 years and never have had an issue.

    So, Here is my questions in a breakdown format:
    1. I will have the CDL with Auto restriction.
    2. This will cover anything I haul with my 2008 Dodge which is automatic. What about my other commercial truck (2004 Dodge 3500) which is a manual? Even though I rarely haul anything with it, will driving it with a manual and the restriction on the license cause issues with a patrol if they decide to be an A-hole? Or does this only refer to heavy duty, double clutch configurations?
    3. My personal use FLD120 is a 10 speed Eaton. Since it's not a commercial vehicle, does that restriction apply after I get the CDL?

    I'm not going for the whole package on the CDL, just what pertains to my situation.
    But what are the thoughts on this?
    I'm sure I'm also missing some points. Feel free to bring them up. :)
     
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  3. ibcalm19

    ibcalm19 Road Train Member

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    The FLD120 is a commercial vehicle you are just using it for private use. Yes because your license will be restricted to automatic. You are not licensed to drive a manual transmission commercial vehicle.
     
  4. brian991219

    brian991219 Road Train Member

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    The auto only restriction will only apply to trucks, or combinations, you are driving that otherwise require a CDL. So, if you other truck will not trigger the CDL threshold then you are ok. Same with your private use Freightliner, although it was previously a CMV, if it is truly private than the CDL doesn't matter.

    Now, you may be able to escape the auto restrictions if you had an unrestricted CDL prior to 2015 and you are getting it reissued by the same state. The auto only restriction applies to those that are taking their CDL exam for the first time after 2015. Same with the ELDT, if you had a class A prior to 2021 you should be able to skip the ELDT required schooling.

    Lastly, if you decide to upgrade later and remove the auto only restriction you only need to test in a class B truck woth a manual so you may even be able to use your Freightliner bobtail or rent a box truck with a stick to take the upgrade test.
     
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  5. xsetra

    xsetra Road Train Member

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    I believe the FLD is CMV exempt. It might depend on how you have Titled and Registered. Does your company own the vehicle.

    I suppose an Officer could claim it is a CMV and cite you accordingly.

    When an officer is enforcing the rules as published, why do you assume they are an A-hole? That is an attitude that will get you tickets.
    Good luck.
     
  6. Kyle G.

    Kyle G. Road Train Member

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    Couldn't he just test in the FLD and then be covered for everything? Or does it actually have to be registered as commercial?
     
  7. dajain

    dajain Light Load Member

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    That is opposite what I have been told by the Utah State Patrol buddy of mine. Before I bought it, I checked with him if I can legally drive it with the camper hooked to it and he said I would be good to go.


    My original CDL was issued out of New York State in 1995. I had all the available endorsements.
    It is a truly private use only, but it also does farm stuff too. I would do the farm exemption, but I have family 1400 miles away and what is


    It's only commercial if it's for hire.
     
  8. Numb

    Numb Crusty Curmudgeon

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    does your state have a civilian class A, for like campers?
     
  9. dajain

    dajain Light Load Member

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    The FLD doesn't build air pressure fast enough , the kingpins need replacing and tire wear is out of wack, the tachometer doesn't work....
    There are probably 20 other small reasons why this 1.35 million mile truck won't pass the inspection to get the CDL. I'm not worried about taking a road test, but I need more than a worn out farm truck to do so.

    Good question though. Completely understandable why that would be asked.
    Not at all. My buddy on the state patrol informed me, as long as nothing commercial (for hire) is being done with the truck I can drive the truck anywhere.
     
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  10. dajain

    dajain Light Load Member

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  11. dajain

    dajain Light Load Member

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    Here is MY real life story for you guys.
    I have my single axle Freightliner ready to go.
    I buy a 1969 flatbed trailer and go thru it and fix everything. It has pre-121 brakes , but still legal to run

    I then take my truck and trailer from Utah to Oak Harbor Washington. I go thru every port on the way up being empty. No POE pulls me aside.
    Coming back, I go thru every port of entry.
    Get pulled to the side 2x.
    GVWR is 47K.
    Standard drivers license (non CDL)
    Adequate insurance
    A bill of sale for the load I was hauling proving I was the purchaser of what was on the trailer
    I walked away from all POE's without a citation.

    Commercial vehicle and "for hire" is completely different than "private use" than many drivers of these trucks truly know.
     
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