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CDL Requirements for Hauling your horses.

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Spin Doctor
Posted 2016-04-26 4:51 PM (#166911 - in reply to #136202)
Subject: RE: CDL Requirements for Hauling your horses.
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Does anyone know if reciprocity is in effect? I am not having much luck finding out. My point is that, if my state of license does not require CDL, does all/any of the other states go by my licensing state?Thanks.
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PaulChristenson
Posted 2016-04-26 8:48 PM (#166917 - in reply to #166911)
Subject: RE: CDL Requirements for Hauling your horses.
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Location: Vermont
Originally written by Spin Doctor on 2016-04-26 7:51 PM

Does anyone know if reciprocity is in effect? I am not having much luck finding out. My point is that, if my state of license does not require CDL, does all/any of the other states go by my licensing state?Thanks.
If one state says you are commercial there is no reciprocity at that point, only a court case attempting to prove you aren't...because you are now under the federal CDL umbrella and the FMCSA
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huntseat
Posted 2016-04-27 7:10 AM (#166918 - in reply to #136202)
Subject: RE: CDL Requirements for Hauling your horses.
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Agreed, if your state says no CDL...Oklahoma has that the power unit must be over 26,001 GVWR and the trailer 10,000 GVWR to be CDL for farmers, then in OK I'm not required to have a CDL but when I cross a state line it's now what the Federal regulations state which makes my F350 and gooseneck trailer require a class A CDL. I have heard rumors that you can take your driving test in your own truck/trailer as long as it classifies, I'm not sure if anyone will agree that my rig classifies like a semi!
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huntseat
Posted 2016-04-27 7:16 PM (#166926 - in reply to #136202)
Subject: RE: CDL Requirements for Hauling your horses.
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Location: South Central OK
My luck, we had someone in our office today that is an area inspector for just these things! I was told that my farm tags are good ANYWHERE I'm doing farm business, period end of sentence. Also got good news that I don't need a CDL for my 350 dually (GCVWR over 33,000) when it's towing my new trailer (GVWR over 14,000.) I asked about traveling out of state and will be calling me back after a phone call to the Feds and Kansas DOT. (I asked about Kansas specifically.) I'm hoping to hear some good news in a day or two, fingers crossed!
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hornet
Posted 2016-04-27 7:50 PM (#166929 - in reply to #166917)
Subject: RE: CDL Requirements for Hauling your horses.
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Location: Missouri
Originally written by PaulChristenson on 2016-04-26 8:48 PM
Originally written by Spin Doctor on 2016-04-26 7:51 PM

Does anyone know if reciprocity is in effect? I am not having much luck finding out. My point is that, if my state of license does not require CDL, does all/any of the other states go by my licensing state?Thanks.
If one state says you are commercial there is no reciprocity at that point, only a court case attempting to prove you aren't...because you are now under the federal CDL umbrella and the FMCSA

And the FMCSA answer to that is provided on their website.

Question 21: Does the exemption in §390.3(f)(3) for the "occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise" apply to persons who occasionally use CMVs to transport cars, boats, horses, etc., to races, tournaments, shows or similar events, even if prize money is offered at these events?

Guidance: The exemption would apply to this kind of transportation, provided: (1) The underlying activities are not undertaken for profit, i.e., (a) prize money is declared as ordinary income for tax purposes, and (b) the cost of the underlying activities is not deducted as a business expense for tax purposes; and, where relevant; (2) corporate sponsorship is not involved. Drivers must confer with their State of licensure to determine the licensing provisions to which they are subject.

https://www.fmcsa.dot.gov/regulations/title49/section/390.3?guidance

Edited by hornet 2016-04-27 7:53 PM

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PaulChristenson
Posted 2016-04-28 1:55 AM (#166934 - in reply to #166929)
Subject: RE: CDL Requirements for Hauling your horses.
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Originally written by hornet on 2016-04-27 10:50 PM

Originally written by PaulChristenson on 2016-04-26 8:48 PM
Originally written by Spin Doctor on 2016-04-26 7:51 PM

Does anyone know if reciprocity is in effect? I am not having much luck finding out. My point is that, if my state of license does not require CDL, does all/any of the other states go by my licensing state?Thanks.
If one state says you are commercial there is no reciprocity at that point, only a court case attempting to prove you aren't...because you are now under the federal CDL umbrella and the FMCSA

And the FMCSA answer to that is provided on their website.

Question 21: Does the exemption in §390.3(f)(3) for the "occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise" apply to persons who occasionally use CMVs to transport cars, boats, horses, etc., to races, tournaments, shows or similar events, even if prize money is offered at these events?

Guidance: The exemption would apply to this kind of transportation, provided: (1) The underlying activities are not undertaken for profit, i.e., (a) prize money is declared as ordinary income for tax purposes, and (b) the cost of the underlying activities is not deducted as a business expense for tax purposes; and, where relevant; (2) corporate sponsorship is not involved. Drivers must confer with their State of licensure to determine the licensing provisions to which they are subject.

https://www.fmcsa.dot.gov/regulations/title49/section/390.3?guidance

Cool...STATE OF OKLAHOMA DEPARTMENT OF PUBLIC SAFETY added this to page 6 of their Information for Farmers and Ranchers https://www.dps.state.ok.us/ohp/SFarm.pdf So Question 21 is starting to circulate...
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HOUSE
Posted 2016-04-28 8:58 AM (#166937 - in reply to #136202)
Subject: RE: safty hitch system
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Location: riverside ca
so you dont need a cdl you just have to make sure you have your last 3 years tax returns handy? well that makes it really clear.
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loveduffy
Posted 2016-04-29 8:53 AM (#166947 - in reply to #136202)
Subject: RE: CDL Requirements for Hauling your horses.
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this is a night mare
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rhooton
Posted 2016-04-29 9:57 AM (#166948 - in reply to #136202)
Subject: RE: CDL Requirements for Hauling your horses.
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Location: Edom, Texas
I have a class A CDL in Texas....I have a 'P' restriction...with the 'P' restriction I DO NOT have to have a DOT medical card or maintain a log book, but I can ONLY transport my own personal property (horses, hay, tractors, etc...)
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hornet
Posted 2016-04-29 12:57 PM (#166949 - in reply to #166948)
Subject: RE: CDL Requirements for Hauling your horses.
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Posts: 364
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Location: Missouri
Well that may be for Texas, but a lot of states don't have a "Non-Commercial" CDL. MO is one of them, I can not get a CDL for personal use only, if I had a MO CDL, I would have to follow all the requirements that go with it. Which means health inspections, log books, travel time restrictions, ect.
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