Posted 2007-08-03 5:59 PM (#65063 - in reply to #65047) Subject: RE: Trailer Weights
Expert
Posts: 2954
Location: North Carolina
Originally written by PaulChristenson on 2007-08-03 2:27 PM
Originally written by hosspuller on 2007-08-03 7:28 AM
Paul ... and others.. The most likely area a horse trailer will get a person in trouble is the "Non CDL classified license"
IF the trailer is rated above 10,000 pounds. Many GN trailers 3 horse & more will be rated above 10,000. It's easy for the police to check. It's on the vin tag of the trailer.
Hosspuller the individual trailer will not get you into trouble, unless your home state enforces the 10,000 lb+ rule...or you are charging people for hauling their horses, which makes you commercial...IF you travel THRU a state that enforces the 10,000 lb+ rule, you are exempt!!!
§383.91 Commercial motor vehicle groups.
(a) Vehicle group descriptions. Each driver applicant must possess and be tested on his/her knowledge and skills, described in subpart G of this part, for the commercial motor vehicle group(s) for which he/she desires a CDL. The commercial motor vehicle groups are as follows:
(a)(1) Combination vehicle (Group A) — Any combination of vehicles with a gross combination weight rating (GCWR) of 11,794 kilograms or more (26,001 pounds or more) provided the GVWR of the vehicle(s) being towed is in excess of 4,536 kilograms (10,000 pounds).
In the guidance section for the same rule, it states:
Question 3: Can a State which expands the vehicle group descriptions in §383.91 enforce those expansions on out-of-State CMV drivers by requiring them to have a CDL?
Guidance: No. They must recognize out-of-State licenses that have been validly issued in accordance with the Federal standards and operative licensing compacts.
North Carolina requires a non-CDL class "A" license for trailers over 10,000 pounds GVWR. The regular car license is a class "C"
Posted 2007-08-06 3:27 PM (#65265 - in reply to #65063) Subject: RE: Trailer Weights
Member
Posts: 5
Location: Lockport, NY
The USDOT regulations are what are in play here. Specifically 49 cfr 390.3 - Unless you are a business...operating in commerce, the DOT regulations do not apply to you. ALL states have adopted the regulation.
Please - don't even bother calling the FMCSA helpline, they are no help.
Go to the FMCSA.gov site, type in 390.3 and then under (f) exceptions, scroll to (3) - you'll see the exception I refer to. Then look at the guidance - question 21. Print the regulations and the guidance, keep them with you in your vehicle in case you are pulled over.
Car haulers are going through the same things right now. Need to contact our state regulators, local race tracks, who ever will listen. There is an exception for horse, car, and boat haulers - NOT IN COMMERCE. Hope this helps.