Sounds like a sales pitch to me... 

http://www.horsetrailerworld.com/forum/edit-profile.asp?action=view&viewusername=calzonehorse

Whats the big deal about having to get a CDL? Go take the test and write the check.

If the GCWR is 26,001lbs then you need a CDL. 

Depending on your state, it will cost you double or triple what a normal drivers license cost. If you can afford that size of rig, the extra $50 every 5 years isn't going to break your checking account.  If you get a moving violation ticket, your fine for the infraction will probably be higher for a CDL than for a regular drivers license. They have zero tolerance for certain offenses that will result in automatic suspension or revocation of your license. But most of us hauling horses are not reckless drivers. So I'd hope you are not getting tickets very often.  You don't need to get all the endorsements. No Hazmat, air brakes, doubles or triples, or school bus. Just the base CDL.

The requirements are:

I drive a Peterbilt and before buying I checked with the state police and was told as long as the truck in my personal name, the trailer is in an individuals name, and not hauling commercially then I don't need a CDL. I have rechecked several times and always got the same answer. The state police said I could drive a true"eighteen wheeler" and not need a CDL as long it is all personal. Attached is a web site that I think supports this.

http://changingears.com/rv-sec-state-rv-license.shtml

and as long as you are not making a living hauling something for someone else and making money doing it.  You can own an 18 wheeler and probably get away with driving it( using your theory, I wouldnt try it) until you put a load on said 18 wheeler and make money, you now became comercial.

This has been said before, If you do not make money your rig is not commercial. that means the horses  do not pay or you did not win money at a horse show. This is what was told to me by an  officer at a local horse council meeting in NYstate

And you will get a different message from different officers. If you read the flow chart in PH post, it never asks if you make money. It strictly looks at weights. And that is exactly what Ga told me they would look at also. The written law is pretty clear- it is what the officers say that gets muddled around a lot.

PH- I understand that one must, among other things, parallel park their truck/trailer, and back it around a corner stopping at a designated spot (like a loading dock). Based on the driving skills I see at shows and trail heads, there are a lot of trailer owners who couldn't come close to passing a driving test with their rig.

The big deal is that I don't need it. As long as my trailer is titled and licensed as an RV, it can weight up to the legal limit of the tires. If not an RV, than I can pull anything as long as I remain in the my state and within of 150 miles of home titled under a farm plate.

As far as the "hauling for profit" in rodeo or shows, please refer to a recent post at http://www.wstroping.com/article-651-do-i-need-a-commercial-drivers-license-to-pull-my-horse-trailer.html.

Federal Motor Carriers Regulations

Under Part 390, Subpart A - general applicability and definitions, Part 390.3 (f). Exceptions. Unless otherwise specifically provided, the rules in the subchapter do not apply to - (3) the occasional transportation of personal property by individuals not for compensation or in the furtherance of a commercial enterprise.

In the interpretation for 390.3 it states: 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 us CMV's 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., 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 provision to which they are subject.

***********

Since the IRS pretty well declares every roper as a hobbyist unless they can prove profit in consecutive years, the tax portion appears to let everyone off the hook. However, do point out that showing sponsorships on horse trailers may open the door to these penalties and temporary impoundment.

I keep a copy of this in my truck and trailer. Never a problem as yet.

Good luck!

My insurance company told me if I get a CDL them my truck and trailer are commercial and the is more money because I am making money them

You didn't "offend" me.  I have thicker skin than that!  I have an opinion just as you do.  I'm not saying I'm right and your wrong.  If anything you are the right one, as hobby users aren't subjected to commercial laws.  If your making money with your rig (breeding, selling, hauling for others for cash, rodeo,etc), you should be subjected to the same laws as me as a contractor trying to get my tools and equipment to and from jobs.  A lot of contractors in my area pull livestock trailers, not to haul horses but tools and equipment.  Hoping they won't be bothered.  And my personal truck doesn't have a DOT number, I don't carry a log book hauling my horse trailer, because I too believe that my shooting is a hobby.

The other poster, I think you misunderstood my "no alcohol".  I can't carry beer in the back of my construction truck coming back from a week out of town living in a hotel.  I'm not talking about the breath test.  I'm talking about no cans of beer anywhere.  I didn't have a problem with the breath test.  I had two cans of beer and some food left over in a cooler in the back of my truck.  They took the beer, fined me $150, and I couldn't drive for 24 hours.  Then gave me the breath test to make sure I didn't register, which I didn't.  I was even driving a truck that didn't require a CDL, but still falls under the "commercial laws" because GVWR was over 10,000 lbs and I was using for business.  Luckily I had an extra driver riding with me, or I'd had to leave the truck, get someone to get it, or wait 24 hours to drive it away myself.  I was driving a one ton enclosed "cube van" and the beer was in the cooler in the back, not in front.

No worries:).  The no alcohol comment was for "paul".

Still just makes me a little sore that my small construction company driving one ton vehicles in a tri-state area are subjected to same rules as over the road truckers.  Hard enough trying to find good labor help for construction crews, almost impossible to find someone willing to drive the trucks then too!

Used to be making a decent living didn't seem quite so hard.  Osha training, drug testing, DOT, high health insurance premiums, work comp/low mod rates, etc., and finding people who will actually "work" and drive.

I'm done crying now.

You need to follow the idiots - particularly the Chief Idiot - in Washington more closely.  I have practice transportation law for more than 40 years.  In summer of 2011, Executive Order 13575 was issued that requires the Federal Motor Carrier Safety Administration to set new standards (currently in the public comment period) to reclassify farm vehicles and implements, everything from tractors to cattle haulers, including pickups trucks, as Commercial Motorized Vehicles. This would even require all farm workers to acquire a CDL or Commercial Drivers License to operate their tractors on their own land.

Some states jumped on the band wagon immediately as the “carrot” was if the states do not implement the law, they would lose federal highway funds.

This was also about the time that an Executive Order was issued to keep all “dust” within the boundaries of your own land – even for farmers.

Sad to say but not worth my time to fight $150 fine...one tank of gas.

That's what DOT officer told me: unless I'm hauling beer for delivery or have a bus full of passengers with their beer, it cannot be anywhere in truck/trailer.

392.5   Alcohol prohibition. top

(a) No driver shall—

(1) Use alcohol, as defined in §382.107 of this subchapter, or be under the influence of alcohol, within 4 hours before going on duty or operating, or having physical control of, a commercial motor vehicle; or

(2) Use alcohol, be under the influence of alcohol, or have any measured alcohol concentration or detected presence of alcohol, while on duty, or operating, or in physical control of a commercial motor vehicle; or

(3) Be on duty or operate a commercial motor vehicle while the driver possesses wine of not less than one-half of one per centum of alcohol by volume, beer as defined in 26 U.S.C. 5052(a), of the Internal Revenue Code of 1954, and distilled spirits as defined in section 5002(a)(8), of such Code. However, this does not apply to possession of wine, beer, or distilled spirits which are:

(i) Manifested and transported as part of a shipment; or

(ii) Possessed or used by bus passengers.

(b) No motor carrier shall require or permit a driver to—

(1) Violate any provision of paragraph (a) of this section; or

(2) Be on duty or operate a commercial motor vehicle if, by the driver's general appearance or conduct or by other substantiating evidence, the driver appears to have used alcohol within the preceding four hours.

(c) Any driver who is found to be in violation of the provisons of paragraph (a) or (b) of this section shall be placed out-of-service immediately for a period of 24 hours.

(1) The 24-hour out-of-service period will commence upon issuance of an out-of-service order.

(2) No driver shall violate the terms of an out-of-service order issued under this section.

(d) Any driver who is issued an out-of-service order under this section shall:

(1) Report such issuance to his/her employer within 24 hours; and

(2) Report such issuance to a State official, designated by the State which issued his/her driver's license, within 30 days unless the driver chooses to request a review of the order. In this case, the driver shall report the order to the State official within 30 days of an affirmation of the order by either the Division Administrator or State Director for the geographical area or the Administrator.

(e) Any driver who is subject to an out-of-service order under this section may petition for review of that order by submitting a petition for review in writing within 10 days of the issuance of the order to the Division Administrator or State Director for the geographical area in which the order was issued. The Division Administrator or State Director may affirm or reverse the order. Any driver adversely affected by such order of the Regional Director of Motor Carriers may petition the Administrator for review in accordance with 49 CFR 386.13.

(49 U.S.C. 304, 1655; 49 CFR 1.48(b) and 301.60)

[47 FR 47837, Oct. 28, 1982, as amended at 52 FR 27201, July 20, 1987; 59 FR 7515, Feb. 15, 1994; 61 FR 9567, Mar. 8, 1996]