Montana or Texas RV Registration?

[Kirk W]

11 minutes ago, Marianne45 said:

Texas resident and looking to purchase an RV.

It is a question I have seen brought up many times and to my knowledge, up to now people have just driven on what they had until the new license is issued, which as you say, is not really legal, or at least it appears not to be. While I don't have the problem to deal with, I am also anxious to hear what the response is, when it comes. 

[Barbaraok]

1 hour ago, Marianne45 said:

Yes, Kirk…Texas resident and looking to purchase an RV.

Then make the purchase contingent on the dealership making sure that you pass the test, using one of their Motorhomes and them driving you to get it done!

[2gypsies]

1 hour ago, Marianne45 said:

Yes, Kirk…Texas resident and looking to purchase an RV.

So you are domiciled in Texas?  You have a Texas driver's license?  You don't upgrade your license until you have the RV and depending on the size of the RV you might not have to upgrade.  When you get your RV get insurance on it and then you'll take it to get tested, if needed,  but you have a driver's license to do that so it's legal to drive your RV to get tested.  Wouldn't you think that if it was illegal it wouldn't be allowed?  Texas (& other states) is just fine with you doing it this way.

You're insured and have a legal driver's license.  Simple as that.

[Marianne45]

Yes, Kirk…Texas resident and looking to purchase an RV.

[Marianne45]

Barbaraok.  We tried that already.  One dealership in Texas said that under no circumstances would not help with that in any way.  We know which dealership we will not buy from.

Edited September 2, 2021 by Marianne45

[TXiceman]

We had the Escapees address, the larger truck and RV.  We passed the written test in Houston and then set an appointment in Livingston for the driving test.  Drove up the day before the appointment, appeared with the rig at the appointed office and time.  The testing person, looked at the insurance and registration on the truck and trailer, did a safety check on the rig and we rolled out for the test.  No issues and passed.  Wife took the test right after me.  This was about 10 years ago.

[Marianne45]

Txiceman I am sure that would be the scenario if we chose to do it that way.  As I said before, we are very anal.  BTW,  I am KB4MEJ and my husband is WD4NNY

Edited September 3, 2021 by Marianne45

[rpsinc]

On 9/1/2021 at 10:01 PM, Marianne45 said:

I was told by an RV Dealer that doing that would solve the issue of having to get a Class B Non CDL

I have no skin in this game but I will suggest that if this comment is the basis for your approach, please consider the source.  They have very LITTLE knowledge and experience in what happens in the RV community.  I would NOT consider any of their advice for anything.  They are generally there to sell RVs.

Do what makes your conscience feel right.  As said, a Montana LLC is a commercial enterprise and as such you WILL have to comply with all the regulations required for a commercial enterprise.  Saving on tax is another issue.  Lots of good information out there on this subject.

[docj]

27 minutes ago, rpsinc said:

WILL have to comply with all the regulations required for a commercial enterprise. 

With all due respect, I'm not sure what you mean by this, but vehicles owned by MT LLC's are not required to comply with rules for commercial vehicles.  This is yet another piece of misinformation that frequently circulates on the internet. 

[rpsinc]

5 minutes ago, docj said:

I'm not sure what you mean by this

I was trying not to go down that rabbit hole, but since you asked: my understanding is that LEOs can interpret the registration to mean that since the LLC is a business(interpretation) then commercial rules apply(interpretation) to the use of the RV.

[Marianne45]

We have pretty much eliminated the idea of getting a LLC in Montana for many reasons…one being making the RV a commercial business.  What is most disappointing is that the RV dealers are in a position to help, but will not. Another issue is the law in Texas…I can’t understand why they don’t insert a clause allowing people to have 90 days to upgrade their license.  That would resolve the problem to cover the legal issue.

[docj]

20 minutes ago, rpsinc said:

I was trying not to go down that rabbit hole, but since you asked: my understanding is that LEOs can interpret the registration to mean that since the LLC is a business(interpretation) then commercial rules apply(interpretation) to the use of the RV.

You're free to believe whatever you wish but ownership by an LLC does not imply that the vehicle is used for commercial purposes.  The purpose of the LLC, as stated in its registration papers with the State of MT is solely to own property.  It is insured by Progressive at standard "personal use" rates and they are well aware of its ownership.

Edited September 5, 2021 by docj

[rpsinc]

2 minutes ago, docj said:

my understanding is that LEOs can interpret the registration

 

21 minutes ago, rpsinc said:

I was trying not to go down that rabbit hole

and here we are....

[rpsinc]

15 minutes ago, Marianne45 said:

I can’t understand why they don’t insert a clause allowing people to have 90 days to upgrade their license

Perhaps for the same reason that new drivers(whether a 1st license or an additional classification[CDL, motorcycle]) arent allowed to get their licenses 90 AFTER they start driving on the public streets.  Your comment makes sense but perhaps only for very limited reasons and circumstances.

[rynosback]

On 8/19/2021 at 10:52 PM, sandsys said:

Kirk, your link brought me right back here.

My understanding is, if you start an LLC to buy an RV, the company then owns that RV which then becomes a commercial vehicle with all kinds of implications.

Hopefully, Kirk will fix his link so you can get a more informed answer than mine since we all know how well my memory is working nowadays.  

Linda

I was commenting on a post on the first page. It was discussed more on the second page. Can’t delete, so I made this edit.

Edited September 5, 2021 by rynosback

[rynosback]

On 9/1/2021 at 2:23 PM, Marianne45 said:

Thanks to all who replied.  To us the thought of getting an LLC for the purpose of avoiding sales tax and also to avoid having to get the Class B non CDL license in Texas  just doesn’t feel right.  At this point our big frustration is the drivers license that makes it next to impossible to accomplish legally.  Somehow the laws in Texas are screwed up!  

I choose SD as my domicile. The people at the MVA are super helpful and friendly, nothing I had ever experienced at a MVA. I’m pretty sure also if you have paid sales tax to another state for what you are registering, you would not need to pay the sales tax to register it. That is assuming that you paid at least 4% sales tax previously. There are no yearly inspections, insurance rates are low also. I say this as a full timer as I had to choose a domicile. I felt that SD was the best choice for me.

I agree with you that the laws in TX are screwed up. 

Edited September 5, 2021 by rynosback

[rynosback]

On 9/1/2021 at 11:01 PM, Marianne45 said:

WOW, I never said we had concerns about passing the written or road test in Texas.  I know we are more anal than most, but driving your own vehicle to take the test is driving illegally.  IF you get into an accident, you COULD have insurance issues. Many people don’t worry about it and just go ahead and drive to take the road test.  
On the topic of getting a LLC in Montana…I was told by an RV Dealer that doing that would solve the issue of having to get a Class B Non CDL.  I’m not sure that is an avenue we wish to take for several reasons,  but obviously we would need to research that further.

I hope I didn’t offend anyone.

I know in MD in taking the motorcycle road test. You need to trailer the bike up or have another rider with you that meets the requirements of the state driving on the learners. People have not been able to take the test because they took it off the trailer and then went in. It needs to be seen by the instructor you removing the bike or ask for the guys license in who accompanied you to make sure that you got there legally. Once with the instructor those requirements did not matter. So I understand what your talking about. 

[Kirk W]

4 hours ago, Marianne45 said:

Another issue is the law in Texas…I can’t understand why they don’t insert a clause allowing people to have 90 days to upgrade their license.

I suspect that the main reason is that most of them are not aware of the issue. Most people in the past have just driven themselves to the test site in the RV that they will test in and it is quite obvious to the license examiner that you have done so. For whatever reason, this is often discussed but rarely if ever followed up on. I have been in contact with attorney Susie K. Adams, who frequently writes for Escapee's Magazine and regularly handles domicile issues for members. Prior to my bringing this to her attention, she had never been asked about the issue. For that reason it is something that she doesn't have an immediate answer for but is looking into. 

The issue has existed for more than 20 years that I know of, but to the best of my knowledge, nobody has ever followed up. They just find a way to get their upgraded license and go on their way, quickly forgetting that they were ever concerned about driving to the test site. 

Just so that you know, it isn't just Texas that has special licensing requirements for larger RVs. According to Outdoorsey, there are a total of 19 states that have special licensing requirements for drivers of larger RVs. 

[Rotorhead]

On 9/2/2021 at 10:24 AM, Marianne45 said:

We try to do things by the book…in this case driving to take the road test is a challenge.

I have tried multiple avenues to be able to obtain the upgraded license prior to getting the RV.  Renting an RV to take the test usually requires a minimum of 2 nights and costs like $1500.  All we need it for is a half a day.  
 

Thanks for all your input. 

Do you have a friend with a license that could drive you and your RV to take the road test?

[Marianne45]

We have pretty much eliminated the idea of getting a LLC in Montana for many reasons…one being making the RV a commercial business.  What is most disappointing is that the RV dealers are in a position to help, but will not. Another issue is the law in Texas…I can’t understand why they don’t insert a clause allowing people to have 90 days to upgrade their license.  That would resolve the problem to cover the legal issue.

[Marianne45]

Rotorhead…wish we did have a friend who could help us with that, but I think we are out of all options except the illegal one. 😀

[Kirk W]

34 minutes ago, Marianne45 said:

…I can’t understand why they don’t insert a clause allowing people to have 90 days to upgrade their license.

The main reason is probably that nobody bothers to press the issue once they do as you are about to do. It appears that the LEO's in Texas don't care either.  Until someone makes it an issue with the state legislature, it won't change. 

[Barbaraok]

Not only don't they care, most often the DPS people are glad when people do upgrade their licenses as most buyers will rely on the dealer and the dealers don't tell them they will need upgraded licenses to drive their new rig!  Thus, it is to the benefit of DPS not to make a fuss about it, knowing that the people do have Class C licenses, and hope they upgrade soon.  

[Rotorhead]

53 minutes ago, Marianne45 said:

Rotorhead…wish we did have a friend who could help us with that, but I think we are out of all options except the illegal one. 😀

Man that stinks. Well sometimes we need to operate in the "grey" area for a short time.

[Barbaraok]

1 hour ago, Marianne45 said:

Rotorhead…wish we did have a friend who could help us with that, but I think we are out of all options except the illegal one. 😀

And know that thousands upon thousands of us have done the same thing.  We got ours over 16 years ago, and there really wasn't any other option but to go do the written test, make an appointment with them at that time (we had just taken the car over, we were in Tyler, TX) for the next day, so they knew we would be driving over, and then we drove over, took our tests, and past it (even though Dave got rear-ended during his test drive!).     No one batted an eye, or asked us anything, except to say 'oh good' when  asked about air brakes and I told her we had hydraulic not air brakes on our diesel pusher.