A week or so ago I posted a reply to the 'Just don't go too heavy/DOT issues' thread below where I stated the federal government did not require a CDL unless one was engaged in commerce. Several people disagreed, and several agreed, but no one posted the actual rules. I also noted that I should have used the word "personal" rather than "private" as a private motor carrier is a commercial vehicle.
I finally got a chance to go re-read the federal DOT rules, and here's what I found. If someone's aware of another federal rule I missed that modifies this conclusion, please let me know:
DISCLAIMER: The following discussion is based on the Federal requirements for a Commercial Driver’s License (CDL) and represent the minimum requirements states must adhere to. Your individual state may impose more stringent requirements. When I lived in California, a license endorsement was required to tow a travel trailer over 10,000 lbs, and all pickups were registered as commercial vehicles, regardless of weight.
Federal requirements for a CDL are contained in the Federal Motor Carrier Safety Rules, Title 49, Code of Federal Regulations, Part 383: Commercial Driver's License Standards; Requirements and Penalties.
“Part 383, subpart A, paragraph §383.3 Applicability.
"(a) The rules in this part apply to every person who operates a commercial motor vehicle (CMV) in interstate, foreign, or intrastate commerce, to all employers of such persons, and to all States"
(b)etc…including exemptions, none of which apply to this discussion
Based 383.3(a), these rules do not apply unless you are operating a commercial motor vehicle. There are no other statements in Part 383 which would imply application to anything other than a commercial motor vehicle.
Now the question becomes one of whether or not my crew cab dually with a big gooseneck trailer constitutes a “commercial motor vehicle”. Here’s the Part 383 definition of a commercial motor vehicle per Subpart A, paragraph 383.5:
“Commercial motor vehicle (CMV) means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle-
"(a) Has a gross combination weight rating of 11,794 kilograms or more (26,001 pounds or more) inclusive of a towed unit(s) with a gross vehicle weight rating of more than 4,536 kilograms (10,000 pounds); or
"(b) Has a gross vehicle weight rating of 11,794 or more kilograms (26,001 pounds or more); or
"(c) Is designed to transport 16 or more passengers, including the driver; or
"(d) Is of any size and is used in the transportation of hazardous materials as defined in this section."
The operative words here are "...used in commerce...if the motor vehicle-" This paragraph very clearly states that in order to be a commercial motor vehicle, the motor vehicle must be "used in commerce" AND meet one or more of the four categories defined.
Therefore, if the vehicle is not used in commerce, it does not meet the Part 383 definition of a commercial motor vehicle, and in accordance with paragraph 383.3 of this part, the federal requirement for a CDL does not apply. Note that nowhere does this regulation say anything about a vehicle not used in commerce requiring a CDL based on size, weight, or anything else.
Now the question becomes whether hauling an antique tractor to a show or other activity constitutes "commerce". This gets pretty tricky. Part 383, subpart A, paragraph 383.5 defines "commerce" as:
"Commerce means (a) any trade, traffic or transportation within the jurisdiction of the United States between a place in a State and a place outside of such State, including a place outside of the United States and (b) trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation described in paragraph (a) of this definition."
Note that this definition defines the applicable types of commerce, i.e, "trade", "transportation" and "traffic", but not the word "commerce" itself. I couldn't find a better definition of "commerce" anywhere else within Title 49, so I did a Google search for a legal definition of commerce, and came up with (http://www.lectlaw.com/def/c253.htm):
"COMMERCE - The exchange of commodities for commodities. Considered in a legal point of view, it consists in the various agreements which have for their object to facilitate the exchange of the products of the earth or industry of man, with an intent to realize a profit.
"In a narrower sense, commerce signifies any reciprocal agreements between two persons by which one delivers to the other a thing, which the latter accepts and for which he pays a consideration. If the consideration be money, it is called a sale; if any other thing than money, it is called exchange or barter.
"The U.S. Congress has power by the Constitution to regulate commerce with foreign nations, among the several states and with the Indian tribes. The sense in which the word commerce is used in the Constitution seems not only to include traffic, but intercourse and navigation."
Now it gets even more confusing. The initial part of the definition refers to "...with an intent to realize a profit." Obviously, unless you're dealing in this stuff, there's no intent to realize a profit. On the other hand, the second part refers to a sale as commerce. Is buying an antique then commerce, and if I pick it up I'm now driving a commercial vehicle?
There's one other consideration. The DOT's own interpretation of part 383 specifically exempts "recreational vehicles". Unfortunately, there's no good definition of what constitutes a "recreational vehicle" anywhere that I can find in Title 49, so I didn't pursue that line of reasoning any further. Just an as FYI, here's Colorado's definition of a recreational vehicle as defined in the Colorado Revised Statutes,
Title 42-1-102. Definitions.
"(61) "Noncommercial or recreational vehicle" means a truck, or unladen truck tractor, operated singly or in combination with a trailer or utility trailer or a motor home, which truck, or unladen truck tractor, or motor home is used exclusively for personal pleasure, enjoyment, other recreational purposes, or personal or family transportation of the owner, lessee, or occupant and is not used to transport cargo or passengers for profit, hire, or otherwise to further the purposes of a business or commercial enterprise."
As you can see, my original contention that a CDL is not federally required unless one is engaged in commerce is absolutely correct. The only question is defining what exactly constitutes "commerce", and this is the only point the Federal DOT could possibly argue.
Individual states may be different - your mileage may vary.
Sorry for the long post,
Keith
I finally got a chance to go re-read the federal DOT rules, and here's what I found. If someone's aware of another federal rule I missed that modifies this conclusion, please let me know:
DISCLAIMER: The following discussion is based on the Federal requirements for a Commercial Driver’s License (CDL) and represent the minimum requirements states must adhere to. Your individual state may impose more stringent requirements. When I lived in California, a license endorsement was required to tow a travel trailer over 10,000 lbs, and all pickups were registered as commercial vehicles, regardless of weight.
Federal requirements for a CDL are contained in the Federal Motor Carrier Safety Rules, Title 49, Code of Federal Regulations, Part 383: Commercial Driver's License Standards; Requirements and Penalties.
“Part 383, subpart A, paragraph §383.3 Applicability.
"(a) The rules in this part apply to every person who operates a commercial motor vehicle (CMV) in interstate, foreign, or intrastate commerce, to all employers of such persons, and to all States"
(b)etc…including exemptions, none of which apply to this discussion
Based 383.3(a), these rules do not apply unless you are operating a commercial motor vehicle. There are no other statements in Part 383 which would imply application to anything other than a commercial motor vehicle.
Now the question becomes one of whether or not my crew cab dually with a big gooseneck trailer constitutes a “commercial motor vehicle”. Here’s the Part 383 definition of a commercial motor vehicle per Subpart A, paragraph 383.5:
“Commercial motor vehicle (CMV) means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle-
"(a) Has a gross combination weight rating of 11,794 kilograms or more (26,001 pounds or more) inclusive of a towed unit(s) with a gross vehicle weight rating of more than 4,536 kilograms (10,000 pounds); or
"(b) Has a gross vehicle weight rating of 11,794 or more kilograms (26,001 pounds or more); or
"(c) Is designed to transport 16 or more passengers, including the driver; or
"(d) Is of any size and is used in the transportation of hazardous materials as defined in this section."
The operative words here are "...used in commerce...if the motor vehicle-" This paragraph very clearly states that in order to be a commercial motor vehicle, the motor vehicle must be "used in commerce" AND meet one or more of the four categories defined.
Therefore, if the vehicle is not used in commerce, it does not meet the Part 383 definition of a commercial motor vehicle, and in accordance with paragraph 383.3 of this part, the federal requirement for a CDL does not apply. Note that nowhere does this regulation say anything about a vehicle not used in commerce requiring a CDL based on size, weight, or anything else.
Now the question becomes whether hauling an antique tractor to a show or other activity constitutes "commerce". This gets pretty tricky. Part 383, subpart A, paragraph 383.5 defines "commerce" as:
"Commerce means (a) any trade, traffic or transportation within the jurisdiction of the United States between a place in a State and a place outside of such State, including a place outside of the United States and (b) trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation described in paragraph (a) of this definition."
Note that this definition defines the applicable types of commerce, i.e, "trade", "transportation" and "traffic", but not the word "commerce" itself. I couldn't find a better definition of "commerce" anywhere else within Title 49, so I did a Google search for a legal definition of commerce, and came up with (http://www.lectlaw.com/def/c253.htm):
"COMMERCE - The exchange of commodities for commodities. Considered in a legal point of view, it consists in the various agreements which have for their object to facilitate the exchange of the products of the earth or industry of man, with an intent to realize a profit.
"In a narrower sense, commerce signifies any reciprocal agreements between two persons by which one delivers to the other a thing, which the latter accepts and for which he pays a consideration. If the consideration be money, it is called a sale; if any other thing than money, it is called exchange or barter.
"The U.S. Congress has power by the Constitution to regulate commerce with foreign nations, among the several states and with the Indian tribes. The sense in which the word commerce is used in the Constitution seems not only to include traffic, but intercourse and navigation."
Now it gets even more confusing. The initial part of the definition refers to "...with an intent to realize a profit." Obviously, unless you're dealing in this stuff, there's no intent to realize a profit. On the other hand, the second part refers to a sale as commerce. Is buying an antique then commerce, and if I pick it up I'm now driving a commercial vehicle?
There's one other consideration. The DOT's own interpretation of part 383 specifically exempts "recreational vehicles". Unfortunately, there's no good definition of what constitutes a "recreational vehicle" anywhere that I can find in Title 49, so I didn't pursue that line of reasoning any further. Just an as FYI, here's Colorado's definition of a recreational vehicle as defined in the Colorado Revised Statutes,
Title 42-1-102. Definitions.
"(61) "Noncommercial or recreational vehicle" means a truck, or unladen truck tractor, operated singly or in combination with a trailer or utility trailer or a motor home, which truck, or unladen truck tractor, or motor home is used exclusively for personal pleasure, enjoyment, other recreational purposes, or personal or family transportation of the owner, lessee, or occupant and is not used to transport cargo or passengers for profit, hire, or otherwise to further the purposes of a business or commercial enterprise."
As you can see, my original contention that a CDL is not federally required unless one is engaged in commerce is absolutely correct. The only question is defining what exactly constitutes "commerce", and this is the only point the Federal DOT could possibly argue.
Individual states may be different - your mileage may vary.
Sorry for the long post,
Keith
