Forum Discussion
tatest
Aug 24, 2014Explorer II
wbwood wrote:
USC Title 49, says that you need a CDL to operate a "commercial vehicle". Under the same title in definitions, a "Commercial Vehicle" is described as:(4)“commercial motor vehicle” means a motor vehicle used in commerce to transport passengers or property that—
(A)has a gross vehicle weight rating or gross vehicle weight of at least 26,001 pounds, whichever is greater, or a lesser gross vehicle weight rating or gross vehicle weight the Secretary of Transportation prescribes by regulation, but not less than a gross vehicle weight rating of 10,001 pounds;
(B)is designed to transport at least 16 passengers including the driver; or
(C)is used to transport material found by the Secretary to be hazardous under section 5103 of this title, except that a vehicle shall not be included as a commercial motor vehicle under this subclause if—
(i)the vehicle does not satisfy the weight requirements of subclause (A) of this clause;
(ii)the vehicle is transporting material listed as hazardous under section 306(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9656(a)) and is not otherwise regulated by the Secretary or is transporting a consumer commodity or limited quantity of hazardous material as defined in section 171.8 of title 49, Code of Federal Regulations; and
(iii)the Secretary does not deny the application of this exception to the vehicle (individually or as part of a class of motor vehicles) in the interest of safety.
Application can vary state to state, as states are permitted to be more strict. Paragraph (B) requirements might be as low as 9 passengers, even not driving for hire. A 11, 12, 14 or 15 passenger van in private use might require a CDL. This is one reason I permanently pulled the unused back seat out of my 12 passenger van, to stay out of trouble on licensing in states that are more strict on passenger count. People with huge families, actually needing to carry 12 or 15 people, have to be careful where they travel. Same for drivers for clubs and church groups.
Similarly, a state can change that 26,001 to something less, and it can also create a special class of non-commercial license to be require to operate a vehicle of a certain size.
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