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jcoffey620

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Posts posted by jcoffey620

  1. On 7/19/2019 at 6:25 PM, Big5er said:

    You obviously have a reading comprehension issue. Try reading the exact text you quoted in your previous post. We are talking about DRIVERS LICENSES!!!!! It is in plain english. If you call anyone and say "I have a recreational vehicle, do I need a cdl", they will tell you no. That is EXACTLY what I said. Like Rocky said, we are talking we were talking about HDT's not little girlie trucks...BUT your LGT and a 10,000+lb trailer does fit the definition of a CMV according to TEXAS CDL law. (you quoted it earlier, I assume you read it). But our HDT's still meet that definition without a trailer. That is why WE (those of us with HDT's) have an issue with DL/CDL when registered as a truck. But again, we are talking HDT's not LGT's. Now, AS I SAID BEFORE, towing a recreational vehicle you are exempt from CDL. How hard is that to understand..CDL, RV, EXEMPT got it?? I'm not sure what your argument is. But you just keep on getting your legal advice from clerks and managers and you'll be fine.
    Safe travels :)

    As I read the OP, the question was regarding titling, possibly registration of the vehicle, and you went off on a tangent about CMVs and driver's licenses. I simply disputed what you said regarding what the state really considers a COMMERCIAL MOTOR VEHICLE. Just because it is a big truck does not mean it is a CMV.

    Where did you read that I am referring to a "LGT" (dumb)? I have a Volvo 780 as well, about to be an 880. We can compare sizes all day. And regardless of who enforces laws or writes citations, if the vehicle is not used in a commercial manner it does not require a CDL, only possibly a Class A or B Non-CDL license. And yes, my HDT is registered as a truck, not a motorhome and I pull several large trailers in addition to a 5th wheel RV, but none for profit or commercial purposes. But since you didn't understand the reference to the vehicle registration class as "TRK>1t", it doesn't surprise me that there are other concepts regarding the vehicle laws you don't get either, although I already assumed that was since you stated you were in law enforcement. Maybe check your own reading comprehension.

    See you down the road.

  2. I don't need to argue with you, you can be right all you want with your vehicle. I'll be right with mine, I have all the docs I need to keep me legal. But you know as well as I do that that the Feds (and Texas) refer to "passengers and property" as something moved for hire, for profit, or in furtherance of a business. How you decided to enforce it is possibly a different story. I deal with enough Fed and State LEOs every day to know they enforce their interpretation of the laws, often even in the face of clear  evidence that they are mistaken. And I am familiar with the term commerce, thanks. Not sure you know what I was referring to there.

     

    And just for the fun of it, since I'm not doing anything else, I just called the State of Texas DMV, again. Not the county. And once again, with 2 clerks and a Super/manager on the phone, was told that if it is not being used in a commercial manner (as I described my truck- registered as a truck>1ton being used to pull a 5th wheel RV or horse trailer for personal recreation-and no, I don't make money with my horses), then it is NOT a CMV (confirmed that the terms mentioned above are as I described them in accordance with Fed laws) and does not need to be registered as a CMV of any type, and does not require a CDL.  But you do you.

  3. On 7/4/2019 at 1:40 PM, Big5er said:

    Don't do it. Register your rig as a MH to begin with. There are plenty of people that can walk you through the process of registering in Texas. Like Chad said, the odds of getting a citation are slim but Texas says a truck needs a CDL, a MH is exempt from CDL. 
    Section 522.003 defines a "Commercial Motor Vehicle" as: 

    a motor vehicle or combination of motor vehicles used to transport passengers or property that:

    (A)  has a gross combination weight or a gross combination weight rating of 26,001 or more pounds, including a towed unit with a gross vehicle weight or a gross vehicle weight rating of more than 10,000 pounds;

    (B)  has a gross vehicle weight or a gross vehicle weight rating of 26,001 or more pounds;

    That is you if you are driving an HDT..
    Section 522.004 says the following are exempt...
    #1,2,3 and
    (4)  a recreational vehicle that is driven for personal use;
    It also defines a recreational vehicle as:
    a motor vehicle primarily designed as temporary living quarters for recreational camping or travel use.  The term includes a travel trailer, camping trailer, truck camper, and motor home.
    So technically as long as you are towing a travel trailer or are a motor home you are exempt from CDL. Once you unhitch your "truck" from your travel trailer you will need a CDL.
    Again, the odds of getting a ticket are rare, and I have heard rumor (don't bother to keep up with the legal updates since I retired a month ago) that the legislature has changed that language to include any personal truck, but the law hasn't changed at this point in time.  So why bother chancing it? Register it properly the first time and you won't have to worry about changing it later for any reason. 

    Not to get into a great debate on the subject, but regardless of the size of the vehicle, if it is not used in commercial service, it is not a Commercial Motor Vehicle (the current issue of what is actually commercial service and people skirting the definition is another topic). Refer to Section 522.004, (a), (1), (C) to see that this chapter does not apply. Texas does not say a truck needs a CDL, but may require a license for the weight of the vehicle being operated. I have had State Inspectors argue with me that a Texas Class A non-CDL license doesn't exist until I show them one. Regarding the weigh/inspection stations, I have stopped at a "few" all across the US as my 780 is registered as a truck, and have yet to have anyone happy that I pulled in not running commercial. YMMV.

    -JR

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