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Old 12-07-2008, 08:12 PM   #11
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Re: CDL?

Quote:
Originally Posted by elkoskoolie
2. The cop that pulls you over is neither DMVnor DOT. He is law enforcement. And he may be city, county or state. If the STATE law says I need a Class B, CDL or whatever, and I don't have it, he can write me a ticket. And we all know what sometimes happens when you argue with a cop.
The cop that pulls you over may be just as ignorant of the law as the clerk at the DMV, or you, or I. He may write you a ticket but tickets are meant to be fought.

Sometimes when you argue with a cop you win!! I did once... and when he wrote me the ticket anyway I told him I would fight it and that he'd be even more pissed when I won. I did fight it and he was very pissed to show up and have the judge go my way. Cops don't know everything, they only act like they do. I asked a friend some questions about driving my bus as an RV. He is a retired cop of 27 years. He didn't know specific answers to some of my questions. Bottom line? Even seasoned cops don't know everything.

-Ray
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Old 12-07-2008, 08:43 PM   #12
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Re: CDL?

Quote:
Originally Posted by elkoskoolie
2. The cop that pulls you over is neither DMVnor DOT.
That is also incorrect. In Washington State the cop that pulls you over frequently IS in fact a D.O.T. enforcement officer.
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Old 12-07-2008, 09:14 PM   #13
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Re: CDL?

here is what the state of michigan (where i live) has to say on the subject.....most states have similar laws..

Quote:


MICHIGAN VEHICLE CODE (EXCERPT)
Act 300 of 1949


257.7a “Commercial motor vehicle” defined.

Sec. 7a.

“Commercial motor vehicle” means a motor vehicle designed to transport 16 or more passengers, including the driver; a motor vehicle, having a gross vehicle weight rating of 26,001 or more pounds; a motor vehicle with a gross combination weight rating of 26,001 pounds or more including a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or a motor vehicle carrying hazardous material and on which is required to be posted a placard as defined and required under 49 C.F.R. parts 100 to 199. A commercial motor vehicle does not include a vehicle used exclusively to transport personal possessions or family members for nonbusiness purposes.
i'll look and see what i can find for washington state
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Old 12-07-2008, 09:28 PM   #14
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Re: CDL?

washington state's rule:

Quote:
RCW 46.25.050
Commercial driver's license required -- Exceptions, restrictions, reciprocity.

(1) Drivers of commercial motor vehicles shall obtain a commercial driver's license as required under this chapter. Except when driving under a commercial driver's instruction permit and a valid automobile or classified license and accompanied by the holder of a commercial driver's license valid for the vehicle being driven, no person may drive a commercial motor vehicle unless the person holds and is in immediate possession of a commercial driver's license and applicable endorsements valid for the vehicle they are driving. However, this requirement does not apply to any person:

(a) Who is the operator of a farm vehicle, and the vehicle is:

(i) Controlled and operated by a farmer;

(ii) Used to transport either agricultural products, which in this section include Christmas trees and wood products harvested from private tree farms and transported by vehicles weighing no more than forty thousand pounds licensed gross vehicle weight, farm machinery, farm supplies, or any combination of those materials to or from a farm;

(iii) Not used in the operations of a common or contract motor carrier; and

(iv) Used within one hundred fifty miles of the person's farm; or

(b) Who is a firefighter or law enforcement officer operating emergency equipment, and:

(i) The firefighter or law enforcement officer has successfully completed a driver training course approved by the director; and

(ii) The firefighter or law enforcement officer carries a certificate attesting to the successful completion of the approved training course; or

(c) Who is operating a recreational vehicle for noncommercial purposes. As used in this section, "recreational vehicle" includes a vehicle towing a horse trailer for a noncommercial purpose; or
here's the link:
http://search.leg.wa.gov/pub/textsea...1207182632&p=1

wa state's law is better than michigans. Yours sais rv for noncommercial purposes......michigans' sais somethign about a vehicle used to transport family members or personal property......

my personal opinion is that arguing with a cop is a really really bad idea. if he allows you to explain yourself, you should do so as politely as possible, witout any attitude. yes sir, no sir, etc. Just let him write the ticket then go and fight it. If he's wrong, you'll win. don't ever get a bad attitude with a cop, especially a DOT motor carrier cop. He won't have to look to hard to find things wrong with your vehicle....
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Old 12-07-2008, 09:54 PM   #15
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Re: CDL?

i don't feel like researching the law right now......but a little bit about "elected gvw"

this is how it works in michigan, and prob is the same in most every state.....

commercial registration costs more as weight increases.

if you have a gvw of 80K pounds, but never plan to haul more than 40K pounds, you can register your vehicle with an "elected gvw" of 40K pounds. As long as you don't go over 40K pounds, you are just fine, and you save money.

where things get uncool is that elected gvw does not affect your cdl.

example:

your bus has gvw of 28K pounds. this is on the plate affixed by the manufacturer.

you decide to get it registered with an elected gvw of 24K pounds.

even though your elected gvw is under 26001 pounds, you still need a cdl.....because the rule is that the gvw is determined by the manufacturer and this is not affected by your "elected gvw"

does that make sence?
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Old 12-07-2008, 10:08 PM   #16
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Re: CDL?

ok, found it. wow am i bored at work today....

Quote:
Who Needs a CDL?
Any resident who intends to operate:
VEHICLES:
• Having a gross vehicle weight rating (GVWR) of 26,001 pounds or more.
COMBINATION VEHICLES:
• Towing a trailer or other vehicles with a GVWR of 10,001 pounds or more with a gross combination
weight rating of 26,001 pounds or more.
ANY VEHICLES:
• Designed to transport 16 or more people (including the driver)
• Carrying hazardous materials in amounts requiring placards.
Gross Vehicle Weight Rating (GVWR) is the recommended maximum total weight of the vehicle and load as
designated by the vehicle manufacturer. The GVWR label is usually found on the driver side door post of the
power unit and on or near the front of the trailer. The GVWR should not be confused with the elected GVW which
is declared by the vehicle owner for registration purposes.
link here:

http://www.michigan.gov/documents/03...n_109895_7.pdf
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Old 12-08-2008, 01:45 PM   #17
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Re: CDL?

wow guys, I didnt think this would generate as much attention as it did. As always, thankyou! And Lapeer20m, double kudos to you for your research! My bus is under the 26000#, I wont be traveling with more than 15 peoples, nor commercial or hazardous substances. You guys have made my days so much easier!
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Old 12-08-2008, 02:28 PM   #18
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Re: CDL?

The dealer I bought mine from told me that by law all US buses over 65 passenger must have a gvwr of at least 27,500 lbs and your info says you have a 72 passenger bus so I have to ask are you sure that the gvwr is under 26,000?
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