California CDL

[Broncohauler]

The question I have Chad. 

If you registered it commercial do I need (CA) numbers?

 I don’t own a business and won’t use it commercially. But it looks like anything over 26k requires it no matter what?

log book will be a problem since I do drive for a living. 

I can email my E- log to my phone and use a log app on my phone, that’s not a problem.

The problem is when I get off work and want to drive 2 hours out to the desert on Friday.  or come home Sunday morning to go back to work Sunday night. 

That will hurt my 34 hour restart and I often max my daily and weekly hours along with using the once a week 16 hour CA only exception. 

[Steve from SoCal]

Bronco,

Have you considered going before an administrative law judge?      Your truck is easily recognized as a "Toy" with the absence of a gray area in the California statute case law could go far to either clarify or nullify your claim.      You Do take the chance of loosing BUT,  with an RV hitch, body work and all you can argue the recreational aspect.    

California is willing to recognize a passenger bus as an RV, they cite an exemption for trucks hauling RV's, the next step is to codify that status.     That everything from Ranchero's and El Camino's  to class 8 trucks are commercial shows the state has not reviewed the statute in decades.     Maybe a fresh case will change that mindset.     The last case I am aware of was heard at least 15 years ago and, it was poorly presented.     

 

Steve

[rpsinc]

3 hours ago, Broncohauler said:

The question I have Chad. 

If you registered it commercial do I need (CA) numbers?

 I don’t own a business and won’t use it commercially. But it looks like anything over 26k requires it no matter what?

log book will be a problem since I do drive for a living. 

I can email my E- log to my phone and use a log app on my phone, that’s not a problem.

The problem is when I get off work and want to drive 2 hours out to the desert on Friday.  or come home Sunday morning to go back to work Sunday night. 

That will hurt my 34 hour restart and I often max my daily and weekly hours along with using the once a week 16 hour CA only exception. 

If you were using a GMC Sierra to go to the desert on Friday and come back on Sunday, I bet this conversation wouldnt be be happening.  So, why is it different because of the trucks size?  Its purpose is the same.  Although our LEO in Cali may not think that way.

[chirakawa]

5 minutes ago, rpsinc said:

If you were using a GMC Sierra to go to the desert on Friday and come back on Sunday, I bet this conversation wouldnt be be happening.  So, why is it different because of the trucks size?  Its purpose is the same.  Although our LEO in Cali may not think that way.

I thought all pickups were registered as commercial in California.

[rpsinc]

2 minutes ago, chirakawa said:

I thought all pickups were registered as commercial in California.

All trucks ARE registered commercial in Cali, but that wasnt the point.  Drive a pick up and you dont keep driver logs like what is required on a commercial driver.   

[Broncohauler]

The thought has been there about court. But time and money wake me up fast. 

And the laws do need to be re addressed on commercial and private use. Unfortunately people push the limit on how they use the vehicle and here we are. 

And yes it’s sad that I could tow my 19k pound trailer with my pickup on Sunday,and then go to work that night no problem other than being tired from being up on the wheel from Towing that much weight.

But do the same thing far more safely with my peterbilt and it’s no longer considered   Legal for me to go to work that night with out affecting my hours of service (log book).

 

[Broncohauler]

I really don’t care about the truck being registered as commercial. 

What I do care about is they won’t recognize private use like a pickup truck. 

I shouldn’t have to run all the stuff a business would need just to tow my toyhauler and family safely.  

[Steve from SoCal]

Bronc,

Having just read the California commercial vehicle PDF, I see a problem for you and the other trucks in Calif.   The exemption that Chad cites is in the PDF and, it says motor trucks used solely to tow RV's and utility trailers.    That part is OK with the Bronco on the deck?     The problem is it also states the exemption is only for trucks with GVWR under 26001.  

In reading the  California statutes there is NO exemption for class 7 or 8 trucks period.     That is registration, then MCP info is grayer, the CADOT says that all vehicles carrying their own goods (except campers)

The major problem I see with all the California rules and regs are they exclude campers but, limit the exemption to class 6 and below.     In reading the laws, the only thing that may be a consideration is extending the exemption to class 7-8 trucks?

Steve  

[Pappy Yokum]

Vegas Teacher:

The 4 Chippies at the restaurant.  Chances are -unless they are directly involved (or have been) in commercial enforcement - they are *not* completely up to speed (no pun) on your HDT / MH / CDL question.

MOST do more *normal* vehicle code enforcement, accidents, etc.

With your polite conversation/s with them - would you really expect them to say, "Well, I don't know". - or-  "I'm  not sure"....instead of what they believed to be the best "qualified"  answer?

What reply would you get (or expect) if you asked, "When I'm driving in CA, all the cars passing me are doing 75 or 80 mph - in a posted 65 zone.  Is that legal?  Why don't you cite them?" (etc.)"

Nothing to do with that, but *do* you have kids in your class/es that always have their hand up - whether they know the answer or not  (or even the question)?

As the 'resident' LEOs have said.....there are all kinds of cops - different strokes for different folks!  We had a (city) motor cop who was well known (even among his peers) for *ALWAYS* issuing a cite - no matter to whom - or for what.  "Attitude" of the miscreant had no bearing on whether you got a "greeting" or not. Cited his supervisor's wife once - as well as "attempting" to cite a fellow officer. (he was just outside his jurisdiction boundary - and told to pound sand).

Flip the coin:  Another guy would sit at an alley exit close to a busy intersection (next  to one of our stations) and radar the passing cars.  One of the guys asked him how much "leeway" he allowed - - mph over the posted limit.

Reply = "15 mph over the posted speed limit".. Guy asking expressed surprise!  Further ans = "They never go to court and I can still write as many cites as I want  - as long as  I sit here"

DT missed another reason *not* to have a CDL if you don't need it.  Yes, BAC is half the limit *when* you are driving commercial.  Can you count on the LEO applying the higher limit when you're *not* driving commercial?

Also - (unless changed recently)  no matter what you're driving in CA - you can't go to traffic school if you have a CDL and are cited. Points against your license.

Administrative Law Judge:  Simply - Rotsa Ruck.with that one.

BTW - I gave up my CDL 'way back when" - mainly for the two reasons I listed.

Vegas Teacher - do your CDL yea or nay (plus & minus)  homework for Nevada..

And - - thanks for promoting soap box time!

 

"

 

 

.

[Chad Heiser]

On 1/19/2018 at 2:44 PM, Broncohauler said:

The question I have Chad. 

If you registered it commercial do I need (CA) numbers?

 I don’t own a business and won’t use it commercially. But it looks like anything over 26k requires it no matter what?

log book will be a problem since I do drive for a living. 

I can email my E- log to my phone and use a log app on my phone, that’s not a problem.

The problem is when I get off work and want to drive 2 hours out to the desert on Friday.  or come home Sunday morning to go back to work Sunday night. 

That will hurt my 34 hour restart and I often max my daily and weekly hours along with using the once a week 16 hour CA only exception. 

I’d have to do some research on this when I get back to work.  I’m not sure off the top of my head.

[CrazyCooter]

Jan 1 2016 (edited) the MCP requirements were relaxed a bit for those of us with most vehicles under 26,001 GVWR when used for personal use, however it looks like three axle tractors could still be required to have it? Have a look at who needs and does not need an MCP faq's.

https://www.dmv.ca.gov/portal/dmv/detail/vehindustry/mcp/mcpfaq/!ut/p/a1/hY7BDoIwEES_xQNH2SrRqLdGDSgaPWnpxRQthVjbWgrEvxe4mWicwyY7eTs7QIEAVawuBHOFVkx2O51e4s1qPYpCFIeTHUY4jqLDaX0ah_MAtv8AAsnY7pd7AdQwlw8LlWkgNc8LdatKZ19AHlfTj4w94Qy0T0Q_hFH3Ukid9u0SrNJg1mZbnnHLrV_Z1s6dM-XCQx5qmsYXWgvJ_at-eOjbSa5LB-STBHOnydHMXoEUgzdf01vL/#whodoesnt

[VegasFlyer]

5 hours ago, CrazyCooter said:

Jan 2017 the MCP requirements were relaxed a bit for those of us with most vehicles under 26,001 GVWR when used for personal use, however it looks like three axle tractors could still be required to have it? Have a look at who needs and does not need an MCP faq's.

https://www.dmv.ca.gov/portal/dmv/detail/vehindustry/mcp/mcpfaq/!ut/p/a1/hY7BDoIwEES_xQNH2SrRqLdGDSgaPWnpxRQthVjbWgrEvxe4mWicwyY7eTs7QIEAVawuBHOFVkx2O51e4s1qPYpCFIeTHUY4jqLDaX0ah_MAtv8AAsnY7pd7AdQwlw8LlWkgNc8LdatKZ19AHlfTj4w94Qy0T0Q_hFH3Ukid9u0SrNJg1mZbnnHLrV_Z1s6dM-XCQx5qmsYXWgvJ_at-eOjbSa5LB-STBHOnydHMXoEUgzdf01vL/#whodoesnt

CC,

Are you thinking that someone with a vehicle over 26,001 is required to have a Motor Carrier Permit?

[CrazyCooter]

3 minutes ago, VegasFlyer said:

CC,

Are you thinking that someone with a vehicle over 26,001 is required to have a Motor Carrier Permit?

The answer to your question is in the link I posted.......

[VegasFlyer]

On 1/19/2018 at 2:44 PM, Broncohauler said:

The question I have Chad. 

If you registered it commercial do I need (CA) numbers?

 I don’t own a business and won’t use it commercially. But it looks like anything over 26k requires it no matter what?

log book will be a problem since I do drive for a living. 

I can email my E- log to my phone and use a log app on my phone, that’s not a problem.

The problem is when I get off work and want to drive 2 hours out to the desert on Friday.  or come home Sunday morning to go back to work Sunday night. 

That will hurt my 34 hour restart and I often max my daily and weekly hours along with using the once a week 16 hour CA only exception. 

BH,

According to the CA Vehicle Regs you do not.

CA Vehicle Regs

 

[CrazyCooter]

1 minute ago, VegasFlyer said:

BH,

According to the CA Vehicle Regs you do not.

CA Vehicle Regs

 

Kind of depends on the type of vehicle and it's use now doesn't it?

[VegasFlyer]

.

[VegasFlyer]

39 minutes ago, CrazyCooter said:

The answer to your question is in the link I posted.......

I would say that the link you posted only applies to commercial operations.

[VegasFlyer]

36 minutes ago, CrazyCooter said:

Kind of depends on the type of vehicle and it's use now doesn't it?

If you look in the beginning of the Commercial Vehicle section, under legislative intent, they spell out that the California Code is to be consistent with the Federal Regulations.

The Federal Regulations clearly do not apply to anyone that is not involved in commercial operations.

[Steve from SoCal]

The confusion with California law is that the exemptions for authority etc are clearly worded under 26001 GVWR.    All class 7-8 trucks have higher GVWR's.      Because California states that ALL trucks are commercial by license statutes and, then exempts class 6 and under, tells me they DON'T allow that exemption for class 7-8 trucks.      That is the issue I mentioned above, the only change the DMV and CADOT could do without legislative change is to include the bigger trucks in the commercial exemption for personal use.     There is at this time no provision to exclude them from the MCP program at the state level.     

I am not sure how the DMV or state would rule on the matter, they seem to have no exceptions for heavy trucks to be used as private vehicles, going as far an mentioning carriers of personal property subject to MCP rules.

 

Steve   

[VegasFlyer]

4 minutes ago, Steve from SoCal said:

The confusion with California law is that the exemptions for authority etc are clearly worded under 26001 GVWR.    All class 7-8 trucks have higher GVWR's.      Because California states that ALL trucks are commercial by license statutes and, then exempts class 6 and under, tells me they DON'T allow that exemption for class 7-8 trucks.      That is the issue I mentioned above, the only change the DMV and CADOT could do without legislative change is to include the bigger trucks in the commercial exemption for personal use.     There is at this time no provision to exclude them from the MCP program at the state level.     

I am not sure how the DMV or state would rule on the matter, they seem to have no exceptions for heavy trucks to be used as private vehicles, going as far an mentioning carriers of personal property subject to MCP rules.

 

Steve   

Steve,

The requirement for the registration as a commercial vehicle, is as you wrote.  However, the portion of the Regs regarding Private Carrier is not applicable to a non commercial person.  Private Carrier is referring to a commercial entity that carries their own property, such as Frito Lay, Walmart, etc.

I will agree that California Code is far more  intrusive than any other state Code I have ever read.

[Steve from SoCal]

John,

I am familiar with "private carriers" my USDOT is as one.

 

If you look at the Cal FAQ for MCP they actually say either for business or private use. 

https://www.dmv.ca.gov/portal/dmv/?1dmy&urile=wcm:path:/dmv_content_en/dmv/vehindustry/mcp/mcpfaq#whodoes

 

Steve

[Chad Heiser]

I got to work and did the research and then found that Steve from SoCal beat me to the post.  His link is what I was going to post.  There is no exemption in CA for trucks with a GVWR greater than 26000 lbs for private use.  If you are registered as a truck (which in CA is commercial registration - regardless of use) and your truck has a GVWR of 26001 lbs or more, you are required to have a Motor Carrier Permit.  This is another reason why the RV title is so important in CA (if you can get it, which you pretty much can't anymore).

10 hours ago, Steve from SoCal said:

John,

I am familiar with "private carriers" my USDOT is as one.

 

If you look at the Cal FAQ for MCP they actually say either for business or private use. 

https://www.dmv.ca.gov/portal/dmv/?1dmy&urile=wcm:path:/dmv_content_en/dmv/vehindustry/mcp/mcpfaq#whodoes

 

Steve

 

[Broncohauler]

Thanks guys. 

Not sure how this is going to go down ?

but I’ll handle it either way. 

[Chad Heiser]

Another option would be to find an up fitter capable of issuing new GVWR labels to get it to 26000 lbs or less.  I'm not sure what your actual weights are when you are hauling the Bronco, but it should be no problem (weight wise) when towing a 5er.

[I'mdonewiththis forum]

I have a question...... WHY get a CDL for a NON -commercial vehicle? What would you do if you were not capable of passing a DOT physical? As long as you are LEGALLY licensed in your home state you are legal in all 50 states. A CDL is not required. Simple as that. My class D license states "Valid for ANY recreational vehicle". That means as long as I have a class 8 vehicle registered as a Recreational Vehicle I am legal in all  50 states. If it requires a CDL I cannot drive it since due to a medical condition I am not able to obtain a CDL.