Blake,This stuff varies by state, but when he says licensed o believe he's referring to the license tags on the truck and trailer.
Wyoming and Tennessee do tag trailers differently. RVs get a special tag, in Wyoming it's an HT for house trailer. Other types of trailers are given a standard trailer tag and some states have weight limits on the tag. If you have a 10,000 pound rated trailer you could potentially put a tag good for 6,000 lbs of weight on it to save money or avoid CDL requirements.
With regard to CDL licensing, while there are federal guidelines every state has their own set of regulations as well. This thread is not about CDL questions, so let's try and leave that stuff alone if we can. :hi:
Agreed every state has their individual laws pertaining to Commercial Motor Vehicles (CMV) laws, although, if the commercial motor vehicle crosses state lines the Fed. regulation applies because that CMV is now in interstate commerce, not just intrastate commerce. If the vehicle does not cross state lines, the individual states CMV regulations apply.
CDL laws are not the same as CMV laws. CDL Driver laws are regulated by the Federal Gov't. The states do the testing, but the regulations that pertains to CDL is fed. States have their own laws pertaining to how they define a Commercial Motor Vehicle but each states CDL Driver laws only relate to their testing process. Each States CDL Drivers law have nothing to do with "who needs a CDL". This also applies to the regulations that apply to CDL Drivers. I.e. DUI threshold, hand held cell phones, texting and driving, physical exam requirements, etc. These regulations are all Federal.
There is a difference between a Commercial Motor Vehicle (CMV) and a Commercial Drivers License (CDL). A motor vehicle or combination of motor vehicle and trailer can be a CMV but doesn't require a CDL holding driver.
There is also a misconception as to when someone needs a CDL. The Federal CDL regulation clearly says, a CDL is needed when a driver is driving a Commercial Motor Vehicle that has a GVWR or GCWR of 26,001 lb. or more and some passenger hauling vehicles and vehicles hauling hazardous materials. For a vehicle to be considered a Commercial Motor Vehicle, the first requirement is, the vehicle must be used "in commerce". The GVWR and GCWR comes second.
A motor vehicle is not a CMV unless the vehicle is use "in commerce". The consistent word is "in commerce".
The GVWR and GCWR that makes the motor vehicle a commercial motor vehicle vary by state but the wording "in commerce" is always there.
Generally, to be "in commerce" the motor vehicle must be used in the process of transporting persons or property for a charged fee.
The definition of "in commerce" is somewhat of a moving target, although, if you are using your pickup to pull your own RV travel trailer or your own utility trailer for your own use, this motor vehicle or combination of motor vehicle and trailer is not a CMV, it doesn't matter what the GVWR or GCWR is and you do not need a CDL to drive it and the commercial motor vehicle (CMV) laws do not pertain to this motor vehicle or combination.
Now, if your are using your pickup and trailer to haul your 1025R to different locations, and you are using your 1025R to remove snow, move dirt or dig a ditch, and you are charging for this service, you are "in commerce" and you may now be a CMV. Whether or not you are a CMV in this example would be based on your specific states definition of a CMV. Using this same example and you cross a state line, you would most definitely be in "interstate commerce" because your GCWR would be greater than 10,000 lb. which is the Fed. threshold to be a CMV.
If a motor vehicle is used "in commerce", the motor vehicle could be a CMV and still not be required to have a CDL driver. I.e. If a motor vehicle has a GVWR or GCWR of greater than 10,000 lb and is used in interstate commerce, this motor vehicle is a CMV but does not require a CDL driver. This means, the motor vehicle falls under all the CMV regulations but does not require a CDL driver.
CDL Driver licensing is not regulated by State, it is regulated by the Feds. The states handle administering the exams, the Fed. makes the regulation. The CDL requirements are the same in every state. You need a CDL when driving a CMV of, 26,001 lbs. or greater, either GVWR or GCWR, irrespective of what the trailer GWR is. I.e. If you are driving an F250 with a GVWR of 10,000 lb. and a GCWR of 23,000 lb., you could tow a trailer with a 12,000 lb. GWR easily. The trailer is over 10,000 lb. GWR but the GCWR is not 26,001 lb., so, this motor vehicle and trailer combination may be a CMV (depending on the state), but you would not need a CDL to drive it. Depending on the state, this combination, in commerce, would fall under all other CMV requirements such as: physical exam requirements for the driver, hours for service rules, no hand held cell phone use of texting while driving, etc. If you cross state lines with this combination, in commerce, you would definitely be a CMV because you would then fall under the Fed. definition of a CMV, but would not need a CDL to drive it.
Here is some Federal Regulation working.....
FMCSA § 390.5: Definitions.
Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle—
(1) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or
(2) Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
(3) Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
(4) Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C.
Federal CDL Regulations.....
Pursuant to Federal standards, States issue CDLs and CLPs to drivers according to the following license classifications:
Class A: Any combination of vehicles which has a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more) whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds) whichever is greater.
Class B: Any single vehicle which has a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 pounds or more), or any such vehicle towing a vehicle with a gross vehicle weight rating or gross vehicle weight that does not exceed 4,536 kilograms (10,000 pounds).
Class C: Any single vehicle, or combination of vehicles, that does not meet the definition of Class A or Class B, but is either designed to transport 16 or more passengers, including the driver, or is transporting material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 CFR Part 172 or is transporting any quantity of a material listed as a select agent or toxin in 42 CFR Part 73.
Bottom line and the $10,000 question is, are you using your truck or truck and trailer for your own use? If you are, it is not a CMV and you do not need a CDL to drive it and it is not a CMV because it is not being used "in commerce".
I agree, this site is not the place to try to cover all the CMV and CDL laws, either Fed. or State level. Although, I see posts stating the requirement for a CDL when you are using your truck and trailer for your own use. This is not accurate!
It is definitely not my intention to start an angry debate pertaining to "what is a CMV and when is a CDL needed". I have a position with the company that I work for that requires me to know this stuff. Fun fun!!!
You should do your own research to get accurate info. You will find, the Federal Regulation and every State Regulation has the wording, "in commerce" when defining a CMV. This is a very important definition!!!!
There is much info. that is disbursed concerning this topic that is inaccurate, albeit not intentionally, mostly because trying to understand these regulations is a painful process. Again, our regulators at work, trying to keep the rules unknown and I know, your brain will hurt if you try to figure all this out.
Most fines that are levied to companies and individuals related to CMV regulations is because most company people and individuals, and yes, even some local law enforcement people, just do not know what the regulations are.