$590.00 fine yesterday for not enough license

Discussion in 'General Tow Rig Discussion' started by 2007CUMMINZ, Aug 29, 2009.

  1. 2007CUMMINZ

    2007CUMMINZ Well-Known Member

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    I want all of you to suffer through this. Here in North Carolina.

    I have 33k on my dually. 32k has been towing RV heavy. I have my truck tagged for 10k. RV towing is exempt on tag requirement in NC. I almost never tow a heavy utility trailer. Maybe 3 times a year. And this is intown. Never interstate or county driving.

    My daughter needed some crossties. I rented a 16' double axle trailer from local rental company. Had tie crane load 3 bundles of 8' ties on my trailer. No load for the truck but max for trailer.

    My wife and I drove 10 miles toward Charlotte and passed HP on entrance ramp to interstate. He immediately pulled out and caught up with me and pulled to my left rear I suppose to read my tag. He called it in and saw I had 10k tag. Would have been fine for towing my 16k RV but not this 9.9k trailer. He pulled me over and directed me to the next truck stop where he pulled out the scales and weighed each axle, measured length of front truck axle and center of trailer axles.

    He wrote me a ticket for 9900#s over my truck tag. He checked the GVW tags on trailer and truck. I was under the GVW ratings of rig but did not have enough tag weight. Cost me $590.00...

    He was not interested in GCVW...

    I found out these facts: For North Carolina @ this point forget RV towing

    Class C license

    You can drive truck up to 26k GVW
    You can drive truck up to 26k GVW and trailer to 10k GVW
    You can drive motor coach with GVW of 26k

    Class B license

    You can drive motor coach with GVW over 26k

    Class A license required for any truck with trailer over 10k GVW
    Class A license required for any truck with RV behind over 10k GVW

    Any truck pulling RV for recreation is not required to pull in weight station.
    If you are in truck and pulling an RV over 10k GVW and get stopped or go through license check and do not have Class A license you are subject to ticket.

    This has blown most of my thinking.

    We have beat to death GCVW and we do not need to legal wise. Safety wise (yes)

    He mentioned lawyers and accidents and liability. They look at GVWs of both vehicles not GCVW.

    Officer said this is the most misunderstood law out there. Not the issue of weight but the license you are required to have.

    Most accidents we are seeing are probably because of not being aware of your duty driving, Class C drivers like myself that might could ignore an accident if I went through training and getting Class A license. It might make me aware of a few dangers I have not heard of.

    OK, beat me up!!

    [​IMG]

    Click here to see ticket...
     
  2. strictlyv8

    strictlyv8 Well-Known Member

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    I was in Houston working the Hurrican debris clean up and received a ticket for not having a CDL. Trooper said that enything with a combined GVRW over 26k is required. Truck was 13k and trailer 20k. Neverhad a problem here in Fl. Needless to say I am going to study to get My Class A this winter.
     
  3. CK5

    CK5 WhooHoo! Administrator Moderator

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    Ouch, thats a heafty fine, thanks for posting the info.
     
  4. rocknbronco

    rocknbronco Well-Known Member

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    Feel for yall but when you get those CDL's all fines are X2 or at least here in Tn.
     
  5. 99ncxj

    99ncxj Member

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    wow, i'll have to keep this in mind. The HP here in NC can be hard on guys pulling trailers. I know several guys that have gotten over weight tickets for pulling thier jeeps.
     
  6. mario

    mario Active Member

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    CDL liscences are federal mandate, any trailer with 10k registered weight or more requires a class A liscence but the good news is you can take your road test with your own truck and trailer and be issued a limited class A liscence which doesnt allow you to drive a tractor trailer but does allow you to legally drive your tow vehicle and trailer, itll list your type of tow vehicle E D C or B class plus unlimited but legal trailer weight. The draw back is you still have to take the standard written test and pay the liscence renewal, but you dont have to pay to rent a tractor trailer and you can take your road test with a truck and trailer your used to. hope this helps....waytogo
     
  7. Crete

    Crete Member

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    May I ask where you found that information?
     
  8. 2007CUMMINZ

    2007CUMMINZ Well-Known Member

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    The 10k limit is no longer true.
     
  9. mario

    mario Active Member

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    10k is still the limit for towing a trailer, you can drive a straight truck up to 26k without a cdl. The info comes from a federally certified DOT cop. I drive a heavy wrecker at night and on the weekend for extra cash and unfortunately we take combination trucks like this all the time, the trailer doesnt even have to be loaded, if its registered for 10k or more you need a class A liscence. As for the limited class A you need to contact your dmv and yes they do allow this alot of car haulers do it, and to the gentleman that said the 10k law doesnt exist any more, if that was the case we wouldnt be having this conversation because he would have never got the ticket. Some cops dont care about this law others do.
     
  10. mario

    mario Active Member

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    I just checked NYSDMV online and you need code/restriction 01 on a class D liscence to tow a it says vehicle over 10k with a vehicle 26k or under, or a class A liscence with code/ restriction 01 which states a vehicle of 26k or less can tow a as they say a vehicle over 10k, what was eliminated was the class C non CDL, the wording and classing with all the different codes/restrictions and endorsements is tricky but its there in black and white.:confused:
     
  11. mario

    mario Active Member

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    By the way they check axle weights, you can be under your GCWR but over n one of your axles beit truck or trailer and be fined for being over on your axle(s) thats why semi's move their trailer tandems and fifth wheels and load their trucks carefully to get their axle weights right. These over weights go out of control there are axle spread requirements, bridge methods, tire sizes, all kinds of sh@# they can get you on and these laws get stricter by the minute. Good luck out there and be safe.waytogo
     
  12. 2007CUMMINZ

    2007CUMMINZ Well-Known Member

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    Mario,

    I'll say it again. You do not need Class A till your rig exceeds 26k. The FED. law has been changed.
     
  13. mario

    mario Active Member

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    And ill say it again your mistaking gvwr with registred trailer weight, most single axle day cab tractors weigh under 26k does that mean people who drive these no longer need a class A liscence, of course it doesnt the law change is that there is no longer a class C non CDL which covered from 18,001- 25,999 gvwr, that is now covered by a standard class D liscense. GVWR does not pertain to the towed unit it pertains to the power unit. look up your states dmv online liscence classifications and read them very carefully, im not trying to pick on anyone but like i said i impound pickups,and all types of non CDL power units all the time cause the trailer was registered over 10k and the people say the same thing, but its personal use or im under 26k gvwr but gvwr has nothing to do with the law, I also get guys all day long with class B liscenses with tri-axles with empty back hoe trailers for the same reason, they say i dont under stand the truck has a gvwr of 72k with an overweight permit and the trailers registered for 20ton and both are empty theres no way im 72k or overweight and then i bring up the NYSDMV online liscense classifications and explain it to them, some of em get some of em dont, doesnt change the fact that they got the tickets and got there vehicles impounded and have to show up with someone who has a class A liscence to get them released, im not trying to pick on anyone im trying to you guys cause i feel bad about taking these vehicles, and i hate seeing people have to pay unnecessary tickets and impound fee's. Remember trailer weight and gcwr not gvwr you dont have to believe me but i didnt pull the class code/restrictions # out of thin air, there off dmv website.waytogo
     
  14. Crete

    Crete Member

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    The only state that requires a CDL A for a trailer over 10k is CA. The legality of that is questionable since it is supposed to be up to the feds.

    As far as New York,

    Quote taken from,

    http://www.nydmv.state.ny.us/ncdlc.htm

    Which is the same as the Federal regulations
     
  15. 2007CUMMINZ

    2007CUMMINZ Well-Known Member

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    I don't thing NC has a class D.
     
  16. Crete

    Crete Member

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    Some states have a Non Commercial "C", some have a "D", and some have a "E" as there standard license.
     
  17. mario

    mario Active Member

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    You know what you guys can do what u want, and when you come into thetri state and get hammered good luck, i have a loaded class A i have no worries good luck and be safe.
     
  18. Crete

    Crete Member

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    Your New York super troopers can only enforce the FED regs on me when I choose to visit New York. So I won't be getting "hammered". ;)

    What exactly do you mean by a loaded class A?
     
  19. mario

    mario Active Member

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    It means i have A class A with doubles triples hazmat tanker and tow endorsements with no restrictions, i think they may have totally eliminated triples now, i'll find out when i renew. I have a small math question for you guys, the average 250, 350 pickup is registered at a weight of around 12k, the average utility trailer is registered at 7 to 10 ton so whats your rolling gcwr, not the one posted on your door, your actual rolling registered weights? Also A state is allowed to make a law more strict than federal guidelines and even if your not from that state you are obligated to abide by that states law. And crete you did go to nysdmv website but did you go to the dmv for mv500c and look at the actual classifications, it totally contricdicts the section where they say the class C is eliminated and to qualify for the classD with towing over 10k you need code/restriction 01 on your liscence. The reason i got a doubles and triples was because i to was a victim to retarded wording in the laws, i was sent to tow a tractor trailer from a nycdot check point in the bronx, and once i was all hooked up i got in the truck released the brakes and no sooner did i roll 2ft the dot **** pulled me over, asked for my liscence and wrote for not having the proper liscense to tow doubles, so i said what do you mean i have a class A with towing endorsement im straight, he said no you need doubles plus towing endorsement theres two pivot points so i yeah but only one is a fifth wheel he said well the laws vague and writing and the judge upheld the ticket, even after i split the unit on the spot, so the point is get more than you need so you dont have to worry, just like speccing out a truck, its always there if you need it, it only costs a little more come renewal time, and if you have your medical card your safe in any state. Be safe fellaz, 2007cumminz thats a cool fifth wheel you made, if i can remember how to post pics ill show you guys the pintle plate i made for the back of mine.:)
     
  20. Crete

    Crete Member

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    A F350 @ 12k with a 14k trailer would equal 26k. No CDL needed. (provided your not hauling hazmat.)

    A F350 @ 12k with a 20k trailer would equal 32k. CDL class A is needed.

    Several times you have mentioned that it is what the truck/trailer is registered at and not the GVWR. This is only partially correct, NY can determine if you need a CDL by using the GVWR/GCWR, registered weight(RW) or actual weight(AW), whichever is higher.

    You are correct that a state can make the law more strict than the federal regulations, but they can only enforce those higher regulations on their own residents, not interstate traffic. That would completely negate the purpose of having the federal regulations.

    I have reviewed mv500c several times. It clearly states that a class D license can tow over 10k as long as the GCWR is under 26k. The "O1" and "O" restriction on a class D license only comes into play when you have a farm "F" endorsement on a class D.

    I think you are misunderstanding the reason for or use of the "O" and "O1" restriction. It is not required to tow a trailer over 10k.

    For example, I need a CDL class A to operate my F350 @ 9.9k with my 20k trailer.

    If I used that rig to test in for my CDL class A, I would receive a CDL class A with a "O1" restriction, preventing me from driving a class 8 truck with either a full or semi trailer.

    Next example, I need a CDL class A to operate a Kenworth @ 33k with a 12k trailer.

    If I used that rig to test in for my CDL class A, I would receive a CDL class A with a "O" restriction, preventing me from driving a class 8 tractor trailer.

    That same truck @ 33k towing a 10k trailer would only require a class B license, even though the GCWR is over 26k;

    This is a perfect example of why you are better off to know what you need than to just get "more".

    ps. I stayed at a Holiday Inn Express last night. waytogo
     

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