Driving a straight rig w/o a cdL?

Dakota

Veteran Expediter
I guess it depends on the state.
In California I believe you need a class B to drive an airbrakes truck. At least that was how it was back in '88
In Indiana you just need a Chauffeurs license. Which allows you to drive a truck under 26001. I think you need a Class B to drive a school bus though
check with the DMV/BMV to find out your states laws
 

pjjjjj

Veteran Expediter
I don't know if this varies by state but here in WA state, you can of course drive under 26K with no CDL BUT if the truck has air brakes an endorsement (or rather removal of a Ab restriction) is required.................the only way to GET that endorsement is on a CDL so in order to be AB qualified you need a CDL by default.

In Canada (or BC at least) you can add the AB endorsement to a class 5 (passenger) license by taking the 16 hour (required) course.

I guess it's the same way with the US hazmat endorsement, it has to attach to a CDL, which is why most carriers require CDLs even for CVs. Here hazmat certification is separate from the CDL or driver's license.
 

BillChaffey

Veteran Expediter
Owner/Operator
US Navy
I believe CDL regulations are Federal. If you go to any State Motor Vehicle office and ask for a CDL Booklet. The first page says "There is a Federal requirement that each State have minimum standards for the licensing of Commercial drivers"
It goes on to say "You may have to contact your State driver licensing authority"
Also a class c can drive a school bus or city bus, but not a over the road Bus.
 

greg334

Veteran Expediter
Many companies need a CDL to drive anything because of insurance.

Many insurance companies will not insure an independent who logs without a CDL.

It has to all do with risk.
 

bluejaybee

Veteran Expediter
So nobody knows for sure. Just read back over these posts. "I guess", "I believe", "I was told",....It all comes down to "what the DOT man believes, or heard, or thinks". Better hope it is the same as you heard. I have come to the conclusion that the whole FMCSA thingy is a gray area. One day it is this way. Next day, another way.
 

pjjjjj

Veteran Expediter
So nobody knows for sure. Just read back over these posts. "I guess", "I believe", "I was told",....It all comes down to "what the DOT man believes, or heard, or thinks". Better hope it is the same as you heard. I have come to the conclusion that the whole FMCSA thingy is a gray area. One day it is this way. Next day, another way.

I think our collective great mind did answer Buddy's original question.
The whole FMCSA thingy is exactly a matter of interpretation, and I guess that's why we need judges and courts in life. It's difficult to write things in such a precise way that nobody could possibly get another meaning, other than what was intended. How much simpler, when it could just be written, 'thou shalt not kill', or whatever. :)
One time we were told something by a DOT. Later looked it up, and the written word, as intrepreted by us, disagreed with what we'd been told by said DOT. So I made a call TO the DOT main office. I was then told, "well the inspector was wrong to tell you that, I can't imagine an inspector telling you that, since we all know the rules".
Ok, so how does that solve the problem when you're being stopped by the DOT and being told something wrong? He said if it ever happened again, to have the officer call the office I was calling, and the officer would be set straight verbally over the phone, since they all knew the rules. That's reassuring !
 

Turtle

Administrator
Staff member
Retired Expediter
Hey guys....

Now if you have a 33k Gross truck, that weighs 19,000lbs empty......and you plan to haul say up to 12,000lbs.....then no, there is no way to do it, but if that same truck is only going to be hauling 2,000-3,000lbs, then yeah...you can do it.

Wow. Have you ever actually read the FMCSA regulations?

(that's a rhetorical question, since the answer is blatantly obvious)
 

greg334

Veteran Expediter
There is a gentleman advertising in the EO classifieds "drivers wanted", for teams to drive his straight rigs w/ big comtfy sleeper and "NO CDL'S required.

How does this Happen?

I don't know how it happens but here how it doesn't.

1 - I will go back to the insurance issue. It has to do with risk mitigation, where they look at the risks of putting that truck on the road. Having a CDL for any commercial work actually shows that the driver has taken steps to understand how to handle the truck in an effective and safe way and takes some of the risks out of the picture. The larger companies, Panther, FedEx and Landstar just make it a policy just ot have everyone to have a CDL so there is no confusion. Smaller companies can work with their insurance company a bit and go through a review process to allow it. Independents, well that is being independent and their costs are high to begin with and they have a bit more flexiblity.

2 - A while ago I sent out fifty letter asking a set of questions to all the DOT offices, and from those letters and from talking with several DOT officers, I confirmed the gross weight on the sticker of the truck is how they determine what the GVW is. You can register the truck any which way you want but it is that sticker that matters - the maximum allowable weight. The question I asked is "If you have a 33k truck that is registered as a 22k truck, does the driver need a CDL?" The answer was yes, the reason given was that the truck is a GVW of 33k vehicle and not one of 22k and registration of the truck has to do with the fees and taxes collected from the owner of the truck and not to do with the safe operation of the truck. By the way this question was answered in all fifty letters about the same way. So the assumption is wrong that if your truck has a GVW of 32k on that sticker, it weighs 19k, and it is registered as say 24k, that you only put 3k on board, it is legal to drive without a CDL.
 

BillChaffey

Veteran Expediter
Owner/Operator
US Navy
This question is more or less in the same Vane. I'm sure it's some where in the HOS regulations, I would rather try here first. A friend with a class A CDL will be moving his own equipment, Farm Tractor & Backhoe on a 36' detachable trailer. Pulled by a Kenworth twin screw day tractor.. My question is-will he be held to 11 hours in 14, need to show a Motel receipt if asked, or can he drive, nap in the truck as needed and drive (safely) to his destination here in Missouri.
P.S. I'm flying out to drive a second truck, which is not subject to HOS, BUT I know the way.
 

greg334

Veteran Expediter
Is it over 10k combined weight?

If so, yes he has to log.

But this is assuming that he has commercial plates on the truck.
 

acydrx

Seasoned Expediter
Here are the rules, and my interpretations.

§383.5 FMCSA defines GVWR as the value specified by the manufacturer as the loaded weight of a single vehicle. Thus, a vehicle with a 33,000lb GVWR, regardless of how it is registered in the state, may not be operated for the purposes of interstate commerce without holding the proper license and endorsements.

Per §383.95 FMCSA, you must perform pass the air-brake component of the knowledge test, and take the skills test in a vehicle equipped with air brakes.

If the vehicle is equipped with air brakes, in order to be used for interstate commerce, you must not have an air brakes restriction on your license.

Different states have different registration requirements and options. They also have different requirements for intrastate commercial vehicles. So your state may be more strict, but they cannot be less strict for interstate commercial driver licenses.

Just my two cents.

Sources:
FMCSR Part 383
 

Crazynuff

Veteran Expediter
This question is more or less in the same Vane. I'm sure it's some where in the HOS regulations, I would rather try here first. A friend with a class A CDL will be moving his own equipment, Farm Tractor & Backhoe on a 36' detachable trailer. Pulled by a Kenworth twin screw day tractor.. My question is-will he be held to 11 hours in 14, need to show a Motel receipt if asked, or can he drive, nap in the truck as needed and drive (safely) to his destination here in Missouri.
P.S. I'm flying out to drive a second truck, which is not subject to HOS, BUT I know the way.

Nobody can be required to show a motel receipt . Nowhere is it stated sleep or even rest is required when off duty . Off duty time is unregulated and DOT has no authority over that time . As for your other questions , if he ever hires that equipment out for someone else's use that is commercial use and he has to follow regulations . Even if it is for his use only he may have a difficult time convincing DOT of that . If he is required to log make sure he is never in the truck when logged off duty .
 

Crazynuff

Veteran Expediter
Many companies need a CDL to drive anything because of insurance.

Many insurance companies will not insure an independent who logs without a CDL.

It has to all do with risk.

But then again there are many hotshotters out there with one tons and trailers staying under 26,000 lbs. , have no CDL , and are able to find insurance to run under their own authority .
 

letzrockexpress

Veteran Expediter
But then again there are many hotshotters out there with one tons and trailers staying under 26,000 lbs. , have no CDL , and are able to find insurance to run under their own authority .

If it is a farm truck with farm plates, no cdl or log is required, combination vehicle, straight truck or otherwise, as long as it is within 100 miles of the registration address.
 

MentalGiant

Seasoned Expediter
I was talking with a friend in Oklahoma about a week ago. He raises goats and was talking about doing that. He was talking about buying a TT to haul is goats and as long as he registered it as a farm truck, he didn't need a cdl to drive it. He could go as far as to drive it on the open roads within the area.
 

cranis

Expert Expediter
Driver
If your locense is a regular one, like in PA, then you can drive in other states, because you, are legal in the state that you are registerd in. So make sure You check what state the vehicle is registerd, it could become a factor.
 

cranis

Expert Expediter
Driver
I had always wondered about that too. Not that it matters to me whatsoever, but again just curious ;/
Here we get an air brake endorsement, but I wasn't sure if that endorsement could be added to ANY license, or just to particular ones. ie wasn't sure if you wanted to get that endorsement, if you could have it, even if you didn't have a CDL.

In PA we have A-B-C licences, and c is the 1 that is for everybody.in general.. Also a person can get a C license
with comercial endorsements, because as a under 26,000 truck you might have air etc.
 

guido4475

Not a Member
Hey guys....

You CAN register and drive a 33,000 GWVR truck at say 26,000lbs. It all depends in how you register it. If your truck can gross 33k and you register it for 26k to stay out of ifta and what not, then you just better never have a gvw of 26k. You'll have to register each axle rating , so....with some trucks it's not worth it. Now if you have a 33k Gross truck, that weighs 19,000lbs empty......and you plan to haul say up to 12,000lbs.....then no, there is no way to do it, but if that same truck is only going to be hauling 2,000-3,000lbs, then yeah...you can do it.

The other question about cdl's. Keep in mind that some states require a cdl from 10,001lbs +. Some states also DON't require a cdl up to 26k.

Its tricky, but I would look at every state your looking at hauling in and make sure if you don't have a cdl. I know they save 40ft total length for a single unit, and some states will nail you for 42ft, but others will let you go.

I would just check each state law. Even though FED is wrote a certain way, states still have their little laws in place so they can get you, just make sure you do your research if you Don't have a cdl.

Chop

No, you cannot register a truck that has a gvw rating of 33k to a gvw rating of 26k. I did it, and got raked over the coals by a ohio dot for that, got the 8 separate tickets to prove it.
 

guido4475

Not a Member
You also need a CDL in order to legally drive a truck with airbrakes.

I have ordered several straight trucks with air ride/air brakes that were 26,000 gvw,sleeper equipped, not requiring a cdl, in the state of ohio, used for cross-country hauling. It was explained to me as being a gray area form the dot when I inquired about it before ordering these trucks, and never had a problem while getting dot'd at various scalehouse throughout the u.s.Ask any reputable truck salesman as well.
 
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