Truck Conversion & Toterhome Community - View Single Post - Crossing the line: When do you need a CDL?

Doug · 03-12-2003, 08:01 PM

The language below is copied from the Uniform Commercial Driver's License Act, as enacted in Washington (state) (RCW 46.25). The language and meaning will be the same across the US. What I see as your problem is the trailer you need to pull to do your business. The combined weight rating (GCWR) will be well over 26K, and given the business purpose of the trailer, may well end up making almost anything you use similar to what you describe into a "commercial vehicle".
Example: A 1 ton pickup, 11K GVW, with a 3 axle car trailer, GVW 16K; the combined total is 27K. It was used for pulling car parts, and the operator was convicted at trial of not having a CDL when required (I was slumming that day, covering for a Distrcit Court deputy). The wording here, and I think around the country, does not have a useful qualifier - "for hire", or words to that affect.
Where you have a problem would not be having a Class A RV based on a tractor, or even pulling a trailer (let's say you have your car and motorcycle in the trailer so you can use them when parked). I suspect where you would run the risk of a problem is the use of the trailer for a business purpose, or having a shop area in the RV for doing work (not sure which you mean from reading your description). Admittedly, if you didn't let anyone in, so the business portion was never seen, it would be hard to show that it is a commercial vehicle - it's just a nice RV.

(6) "Commercial motor vehicle" means a motor vehicle designed or used to transport passengers or property:

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

(b) If the vehicle is designed to transport sixteen or more passengers, including the driver;

(c) If the vehicle is transporting hazardous materials and is required to be identified by a placard in accordance with 49 C.F.R. part 172, subpart F; or

(d) If the vehicle is a school bus as defined in RCW 46.04.521 regardless of weight or size.

I went and looked at the definition of a motor home (46.04.305) and it is not clear how the overlap would be resolved, although in the early parts of 46.25, it is stated that inconsistencies would be resolved in a manner so that the commercial license law controls.
(Purpose -- Construction.
(1) The purpose of this chapter is to implement the federal Commercial Motor Vehicle Safety Act of 1986 (CMVSA), Title XII, P.L. 99-570, and reduce or prevent commercial motor vehicle accidents, fatalities, and injuries by:

(a) Permitting commercial drivers to hold only one license;

(b) Disqualifying commercial drivers who have committed certain serious traffic violations, or other specified offenses;

(c) Strengthening licensing and testing standards.

(2) This chapter is a remedial law and shall be liberally construed to promote the public health, safety, and welfare. To the extent that this chapter conflicts with general driver licensing provisions, this chapter prevails. Where this chapter is silent, the general driver licensing provisions apply.)
Motor homes.
"Motor homes" means motor vehicles originally designed, reconstructed, or permanently altered to provide facilities for human habitation, which include lodging and cooking or sewage disposal, and is enclosed within a solid body shell with the vehicle, but excludes a camper or like unit constructed separately and affixed to a motor vehicle.
After reading these, I think that if it came to a real fight, you would need a CDL. However, I think that would be true of almost any combination vehicle capable of doing what you are describing - the combined purposes. The driver's license is not necessarily the big problem - it's the hassle and cost of registering the vehicle.

03-12-2003, 08:01 PM	#6
Doug Member Join Date: Dec 2002 Location: Cheney, WA, US Posts: 61	The language below is copied from the Uniform Commercial Driver's License Act, as enacted in Washington (state) (RCW 46.25). The language and meaning will be the same across the US. What I see as your problem is the trailer you need to pull to do your business. The combined weight rating (GCWR) will be well over 26K, and given the business purpose of the trailer, may well end up making almost anything you use similar to what you describe into a "commercial vehicle". Example: A 1 ton pickup, 11K GVW, with a 3 axle car trailer, GVW 16K; the combined total is 27K. It was used for pulling car parts, and the operator was convicted at trial of not having a CDL when required (I was slumming that day, covering for a Distrcit Court deputy). The wording here, and I think around the country, does not have a useful qualifier - "for hire", or words to that affect. Where you have a problem would not be having a Class A RV based on a tractor, or even pulling a trailer (let's say you have your car and motorcycle in the trailer so you can use them when parked). I suspect where you would run the risk of a problem is the use of the trailer for a business purpose, or having a shop area in the RV for doing work (not sure which you mean from reading your description). Admittedly, if you didn't let anyone in, so the business portion was never seen, it would be hard to show that it is a commercial vehicle - it's just a nice RV. (6) "Commercial motor vehicle" means a motor vehicle designed or used to transport passengers or property: (a) If the vehicle has a gross weight rating of 26,001 or more pounds; (b) If the vehicle is designed to transport sixteen or more passengers, including the driver; (c) If the vehicle is transporting hazardous materials and is required to be identified by a placard in accordance with 49 C.F.R. part 172, subpart F; or (d) If the vehicle is a school bus as defined in RCW 46.04.521 regardless of weight or size. I went and looked at the definition of a motor home (46.04.305) and it is not clear how the overlap would be resolved, although in the early parts of 46.25, it is stated that inconsistencies would be resolved in a manner so that the commercial license law controls. (Purpose -- Construction. (1) The purpose of this chapter is to implement the federal Commercial Motor Vehicle Safety Act of 1986 (CMVSA), Title XII, P.L. 99-570, and reduce or prevent commercial motor vehicle accidents, fatalities, and injuries by: (a) Permitting commercial drivers to hold only one license; (b) Disqualifying commercial drivers who have committed certain serious traffic violations, or other specified offenses; (c) Strengthening licensing and testing standards. (2) This chapter is a remedial law and shall be liberally construed to promote the public health, safety, and welfare. To the extent that this chapter conflicts with general driver licensing provisions, this chapter prevails. Where this chapter is silent, the general driver licensing provisions apply.) Motor homes. "Motor homes" means motor vehicles originally designed, reconstructed, or permanently altered to provide facilities for human habitation, which include lodging and cooking or sewage disposal, and is enclosed within a solid body shell with the vehicle, but excludes a camper or like unit constructed separately and affixed to a motor vehicle. After reading these, I think that if it came to a real fight, you would need a CDL. However, I think that would be true of almost any combination vehicle capable of doing what you are describing - the combined purposes. The driver's license is not necessarily the big problem - it's the hassle and cost of registering the vehicle.