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David-and-Cheryl

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  1. David-and-Cheryl

    Texas Class A or B License Upgrade FAQs

    Barb, I'm not sure that was the intention of the statute as written, but I definitely like your interpretation of it! And that certainly does seem to be consistent with how it's enforced. David
  2. David-and-Cheryl

    Texas Class A or B License Upgrade FAQs

    That is correct. If you were ever challenged, it sounds like you'd be able to prove that you're not "residing" in Texas. It's unfortunate that Sec. 521.029 uses the term "residence" instead of the more accurate legal term "domicile". It muddies the waters even further, actually. Subsection (a) begins, "A person who enters this state as a new resident...", which to me at least means "with the intent to domicile in Texas". But then subsection (b) twice uses the phrase, "has resided in this state for more than 90 days". So does "resided" mean "domiciled", or just "lived in"? I think you could make a pretty compelling argument that the provision is intended to apply to someone who changes their domicile or "permanent" residence to Texas, but the language is less than crystal clear. As a law professor of mine once asked, "don't you think that drafters of statutes put their pants on one leg at a time, just like the rest of us?" David
  3. David-and-Cheryl

    Texas Class A or B License Upgrade FAQs

    Wow, I must admit I was a little alarmed when I first read this. Bravo, Blues, for doing the research and finding this statute. Having said that, I don't think this section of the Texas Transportation Code actually calls into question whether you can legally drive a rig in Texas that would otherwise require a Texas Class A or B license as long as you are legally licensed for that rig in your home state. What this section of the code says is that Texas will recognize out-of-state and foreign country licenses similar to our Class A and B licenses as long as the issuing state or country also recognizes Texas' licenses in those classes. It's an affirmative statement of reciprocity. That's subtly different, however, from the negative version of the statement, which would be "a person holding a license issued by another state that is not similar to a Texas Class A or B license is required to hold a Class A or B license issued by Texas". If that was the intention of the statute, it would have said words to that effect. This section of the code was actually amended in 1995 as part of a long series of "non-substantive" revisions. The reviser's report sent to the Texas Legislature at the time noted that the law originally had a subsection that read as follows: "The purpose of this section is to extend full reciprocity to citizens of other states and foreign countries which extend like privileges to citizens of the State of Texas." The reviser explained that this language was being dropped "because the substance of the subsection is clearly a reciprocity provision". (Maybe it wasn't so clear after all? ) As others have noted, it is a well-accepted principle among the U.S. states that if you are properly licensed to drive your vehicle in your state of residence, you can legally drive that vehicle in any other state. I've searched but cannot find specific legal authority for that. There is, however, the Drivers License Compact, intended to support the concept of "one driver, one license, one record". The DLC provides that traffic offense convictions in other states are reported back to and enforceable in the state that issued the drivers license. 44 states, including Texas, have joined the DLC and thus have agreed to share conviction information with each other. Again, the DLC doesn't expressly say that all the member states must recognize each others' licenses, although it is certainly implied. Here is an interesting effect of the DLC: if you're licensed in State A and convicted of a traffic offense in State B that would not be an offense in State A, State A will take no action against your license. So let's say, for example, that you're licensed in Florida, which does not require any special licensing for non-commercial RV drivers. You drive your rig in Texas, and a DPS trooper issues you a ticket for driving your rig without a Class A license. That ticket would be reported back to Florida, but Florida would ignore it because no such offense exists in Florida. (Which is one reason that you'd be unlikely to get the ticket in the first place.) On the other hand, if you're licensed in a state that does have something similar to Texas' Class A or B license, the Texas reciprocity law requires that it be honored in Texas, so once again, you should not get a ticket. One word of caution: the situation changes if you're licensed in another state and then reside in Texas for more than 90 days. At that point, Sec. 521.029 of the code requires you to obtain a Texas driver's license. Moreover, the burden of proof is on the driver to show that they're not actually residing in Texas. So I'd be very careful if you're licensed in another state and then spend a prolonged time in Texas--you'd want to be able to show that you're just visiting, not establishing residency, and that gets into the whole domicile issue. You're right that trying to parse all these statutes is anything but straightforward! Final note: I'm a "recovering attorney", so I have to add here that these are my own opinions and not intended as specific legal advice. If you ever find yourself in a questionable legal situation, be sure to consult an experienced traffic attorney.
  4. David-and-Cheryl

    Texas Class A or B License Upgrade FAQs

    Sorry you had that happen. What they told you was correct, assuming that your rig has air brakes. It's a new requirement as of a few months ago, so apparently some DPS offices haven't gotten the word yet. For anyone else, if your rig has air brakes but the office where you take the written test doesn't give you the air brakes test, I'd just politely insist on taking it so that you don't end up in the same position as vannchan.
  5. David-and-Cheryl

    Texas Class A or B License Upgrade FAQs

    I'm so glad the information was helpful! Thanks for letting us know. David
  6. David-and-Cheryl

    Texas Class A or B License Upgrade FAQs

    It does! I'll use that information update the original post. Thanks!
  7. David-and-Cheryl

    Texas Class A or B License Upgrade FAQs

    A Texas RVer told me on Facebook that the DPS has just greatly streamlined the skills test scheduling process. According to him, after you pass the knowledge test, a DPS employee will register you in the new Texas DPS Drive Test Scheduling System. You'll log in with your driver's license number, date of birth and email address. Once logged in, you can choose the license type you're testing for and the geographic area in which you want to take the test. The system will then show you available dates and times for your test and let you book an appointment. Although I can view the login page for this new system, I can't actually try it. If you have recently or will soon take your Class A or B Exempt knowledge test, please reply and let us know (1) whether you were instructed to use the new system, and (2) exactly what the procedure was once you logged in. I'll then update the original post with this additional information. It's not yet clear if all DPS offices are using the new system, so if you don't get specific instructions for it after you pass your knowledge test, be sure to ask. If they have no idea what you're talking about, you might still need to use the scheduling procedure in the original post. -David
  8. David-and-Cheryl

    Texas Class A or B License Upgrade FAQs

    http://cdlstudybuddy.com/combinationvehicles.php is one. There are quite a few others; you can Google "Texas CDL combinations practice test".
  9. David-and-Cheryl

    Texas Class A or B License Upgrade FAQs

    Thanks!
  10. David-and-Cheryl

    Texas Class A or B License Upgrade FAQs

    Could someone who has taken the CDL Combinations knowledge test answer these questions for me, so that I can include the information in the original post? How many questions are on the Combinations test? How much time were you given to take the Combinations test? What is the minimum passing score for the Combinations test? (I assume it's 70%, but want to confirm.) Thanks, David
  11. David-and-Cheryl

    Texas Class A or B License Upgrade FAQs

    I have just updated the original post to indicate that the Combinations test is now probably required, as of April 18.
  12. David-and-Cheryl

    Texas Class A or B License Upgrade FAQs

    Thank you for your kind words! I'm really glad you found it helpful. One of these days, I'm going to turn the original post (with updates from the community) into an article for Escapees magazine. By the way, if you haven't already joined the Escapees RV Club, I hope you do. You'll become part of a one-of-a-kind community of RVers. David
  13. David-and-Cheryl

    Texas Class A or B License Upgrade FAQs

    Oh how I wish I did. But as far as I know, the information about which written tests you have to take is just "oral knowledge" that is not available in writing anywhere that's accessible to the public. Getting to Livingston is unfortunately often not practical, given the size of our state. So my best advice is to visit the DPS office where you plan to take your written test, and ask them if they know what test you're supposed to take for the Class A or B exempt license. If you get the right answer (even if you have to consult with a supervisor to get there), take the test. If you don't, and they want you to take the air brakes test or something else you shouldn't have to do, maybe try visiting a different office if there's one close-ish to you. David
  14. David-and-Cheryl

    Texas Class A or B License Upgrade FAQs

    Congratulations! Thanks for sharing your experience. David
  15. David-and-Cheryl

    Texas Class A or B License Upgrade FAQs

    Jim, thanks for sharing your experience. I'm glad you found the original post helpful! David
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