Posted 2007-03-27 5:00 PM (#57906 - in reply to #57681) Subject: RE: Maryland and the CDL
Regular
Posts: 70 Location: Northern, CA
In CA, I carefully chose my rig to weigh in under the weight requiring a CDL. However, an endorsement IS needed for the size trailer I have! For the first few months, I hauled under the AG exclusion (150 miles from your base of farm operations) using my regular license. Not wanting to be limited by 150 miles, I went in and got the endorsement for my trailer. All I had to do was take a test, no medical required (CDL requires medical). COME ON GANG, if this chica can do it, what is wrong with all you boys?!
Posted 2007-03-27 5:51 PM (#57909 - in reply to #57681) Subject: RE: Maryland and the CDL
Location: Texas
I am not trying to stir anything up here, just offer up what I know, which isn't much. I think a lot of folks, especially in Texas, are operating under what they think is a safety net of not being commercial or the fact their trailer has an LQ which makes it an RV, but they put FARM tags on the trailer, which are only for use in a farm BUSINESS, read commercial, venture. I agree most of the weight cops are not going to make an issue out of it, but it only takes that one. You can't have it both ways, non-comercial and use the cheape FARM tags both. I have had a Class A CDL for several years because I am definitely commercial, though much of my competition doesn't think so, and the downside to having a CDL is when I get stopped, it means a ticket. I'm not denying I deserve every one I get, but with a regular liscense, sometimes you get a break. It doesn't make any difference to me, but I wanted to give another side to this.
Posted 2007-03-27 6:12 PM (#57910 - in reply to #57681) Subject: RE: Maryland and the CDL
Expert
Posts: 1283 Location: Home of Wild Turkey Whiskey
If you are attempting to make money(see TX. Vaquero) you are commercial, if you are going to write the expenses off your taxes at the end of the year, I.E. loosing money(see Tx. Vaquero) you are commercial. If you are hauling your horse to the local show to make three dollars a class and your truck and trailer are in your name, husbands name, girlfriends name, or husbands girlfriends name, ect. you are not commercial, just play dumb(see Tx. Vaquero).
Posted 2007-03-27 8:57 PM (#57915 - in reply to #57909) Subject: RE: Maryland and the CDL
Expert
Posts: 2828 Location: Southern New Mexico
When I went to get my trailer registered at the DMV they asked me what type of trailer it was. I told them horse trailer and they gave me the plates. I didn't ask for farm tags but that's what I got. I never even thought about it.
Posted 2007-03-27 9:50 PM (#57917 - in reply to #57681) Subject: RE: Maryland and the CDL
Member
Posts: 32 Location: chatfield mn
I work as a commercial veh inspector in Mn and can try to help clear things up. As to weather you are a commercial veh comes down to weather the veh is used in a business. If you are paid any money or if you deduct any expenses on your taxes you are a commercial veh. Too many people want to write everything off as if they were a business, but dont want to take care of the other requirements. There are two sets of laws that govern CMVs. Federal Motor Carrier laws apply anytime you cross state lines as you are then engauged in interstate commerce. Your state may have adopted most or all the federal laws. These laws apply to you when you stay in your home state(an intrastate carrier.) If you put not for hire, this just means you are a private carrier, not that you are not a cmv. Here we use the GVWR (gross vehicle weight rating) from the vin stickers of the truck and trailer. Unless you are overloaded then we would use the actual weight. So if you underregister you truck or trailer it will not save you from the proper license. If you are strictly for recreation the federal laws do not apply and it says so in the federal motor carrier regulations. If your are commercial, they do. I also wish the weigh stations would be the same in all states, but I travel a lot out west and just do whatever the sign says.
Posted 2007-03-28 4:08 PM (#57946 - in reply to #57681) Subject: RE: Maryland and the CDL
Regular
Posts: 70 Location: Northern, CA
The endorsement is a #41, which allows you to tow a fifth wheel trailer between 10,001 and 15,000 lbs GVWR. My truck weighs in at 9,980 lbs and the trailer is a little over 14,000 lbs, so I'm under the max. weight limit. I was told by our local highway patrol to go get the endorsement and make myself legal under all circumstances, as the fines are huge (if I were to be outside the 150 mile AG limit).
The test is only the written CDL test. To do a full blown CDL I would have to haul to a DMV that is 190 miles from the ranch, and waste a whole day doing it (and pay more $$$ for the license). Yeah, I can back my rig between cones, I can back to a loading dock and do all the other stuff required. But, WHY, when all I need is the endorsement??
Posted 2007-03-28 5:06 PM (#57948 - in reply to #57946) Subject: RE: Maryland and the CDL
Expert
Posts: 2828 Location: Southern New Mexico
When I went in and asked about it in S. Tx, they didn't say anything about different types of CDL endorsements. They said I had to take the written and driving test in a commerical vehicle. I would have done it, but I don't have access to a commercial vehicle.
Posted 2007-04-02 2:38 PM (#58314 - in reply to #57681) Subject: RE: Maryland and the CDL
Member
Posts: 9
Location: Grundy Center, IA
I attended the Iowa Horse Fair over the weekend, and one of the presentations was by the Iowa DOT regarding hauling horses and being legal. Much of the information is the same as in most of the answers that have already been given.
However, one of their main points was that if you are attending a show and have a chance to win some jackpot money, or hauling a horse to a breeder, anything that gives you a chance to win money or increases the value of your horse, then you are considered to be in commerce.This then requires a CDL and you have to meet the more stringent requirements even if you do not exceed 26,001 lbs.
I guess if stopped, I will always be coming from a joyride or trailride, never from a horse show or a team roping.
EDIT: Forgot to add that the officer stated that all trucks and trailers that weigh over 10000 lbs (soon to be 8000 lbs in Iowa) are required to stop at all weigh stations, whether they are commercial or not. The fine for not stopping can be substantial. The only exception is if you're registered as an RV. When asked how to register your trailer with living quarters as an RV instead, he stated that it was up to each individual county.
Posted 2007-04-02 8:02 PM (#58334 - in reply to #58314) Subject: RE: Maryland and the CDL
Expert
Posts: 1719 Location: PA
That cop obviously never owned a horse! If he did he would realize that any money you make never covers the expenses!! LOL!!
Seriously, if you are not claiming it on your taxes, how can they say it is a business?
Posted 2007-04-02 8:08 PM (#58336 - in reply to #58334) Subject: RE: Maryland and the CDL
Member
Posts: 22
Location: Webster, NH
Originally written by hav2ride on 2007-04-02 8:02 PMThat cop obviously never owned a horse! If he did he would realize that any money you make never covers the expenses!! LOL!! Seriously, if you are not claiming it on your taxes, how can they say it is a business?
Guess what, the IRS requires that you report ALL money that you receive. You might make the money as a hobby, which limits your ability to take the loss against other income, but the IRS says you'd better report it. How excited it is about you reporting it is probably not high, but if you win a $50 jackpot, the IRS counts that as income.Jim Clark-Dawe
Posted 2007-04-02 9:15 PM (#58345 - in reply to #57681) Subject: RE: Maryland and the CDL
Member
Posts: 9
Location: Grundy Center, IA
I agree with you hav2ride, and I asked that very question. The answer I got was that they aren't the IRS, but if you have a chance to make money, they consider it commerce. Doesn't seem quite right to me either, but I did want others to know how the DOT in this state (Iowa) is interpreting the law.
Posted 2007-04-02 9:24 PM (#58346 - in reply to #58336) Subject: RE: Maryland and the CDL
Expert
Posts: 2828 Location: Southern New Mexico
Maybe if everyone with horses would start treating them as as a business, the gov would see how much money is NOT made and quit hasseling us. I mean, if I make $50 at a show (1 show every week is only $1300), or even $1500 selling a baby and have to report it, then report a loss because of feed, board, hay, vet, farrier, and trailer/truck payments and maintence and fuel cost then they wouldn't be to happy would they?
Neither would my husband come to think of it.
Lots of money going out and none comming in. Not a good way to run a business.
Posted 2007-04-02 10:05 PM (#58350 - in reply to #58346) Subject: RE: Maryland and the CDL
Expert
Posts: 3853 Location: Vermont
Originally written by Terri on 2007-04-02 10:24 PM
Maybe if everyone with horses would start treating them as as a business, the gov would see how much money is NOT made and quit hasseling us. I mean, if I make $50 at a show (1 show every week is only $1300), or even $1500 selling a baby and have to report it, then report a loss because of feed, board, hay, vet, farrier, and trailer/truck payments and maintence and fuel cost then they wouldn't be to happy would they?
Neither would my husband come to think of it.
Lots of money going out and none comming in. Not a good way to run a business.
The downside of the IRS is you have to declare all income...And the IRS's rules of profit vs loss is simply no profit over x number of years and its a hobby and then you are only allowed to deduct expenses up to income made by your hobby...
Maryland and the CDL
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