We have a 3 horse with LQ trailer we pull with a F350 dually. Someone told us we had to have a commercial drivers licence to legally pull this. Is this true? Thanks for your advice.
Posted 2014-02-18 7:48 PM (#157557 - in reply to #157556) Subject: RE: CDL
Extreme Veteran
Posts: 448 Location: Los Angeles, Ca.
Depends on the state that issued you your drivers license. Check with the DMV...you can do it online...You may need nothing but a basic license or maybe a "non-commercial" class A....depends on weight ratings of trailer/truck....The only place to get the right info is from your states DMV. Read the sections carefully....just because you are non-commercial doesn't mean you don't need a different class of license.
Posted 2014-02-18 9:27 PM (#157558 - in reply to #157556) Subject: RE: CDL
Veteran
Posts: 188 Location: Ingalls, Ks
You will get many opinions about this. Mine is this. Take the "GVW" on the door of your truck and add it to the "GVW" on the data plate on your trailer. If it's more than 26,000 pounds you need to think about a class a or class a CDL. If it's 26,000 or less ( which I bet it is) I wouldn't worry about it. Last I talked to KHP they had no plans of picking on horse trailers. I've only heard of one kid getting hit with lack of CDL and he was in a Freightliner and the lights weren't working right.
Posted 2014-02-20 3:42 PM (#157592 - in reply to #157556) Subject: RE: CDL
Regular
Posts: 51
The word commercial is where it gets tricky.
In Iowa a DOT officer told me that if I am going trail riding that I am recreational.
If I am going to a horse show or an event that any money is involved or if by participating in influences the value of the horse then I am COMMMERCIAL. And yes I need a CDL.
So if you get stopped you better tell them that you are just trail riding.
Once you cross State lines you will need a health card.
Posted 2014-02-20 3:58 PM (#157593 - in reply to #157592) Subject: RE: CDL
Elite Veteran
Posts: 814 Location: Tenn/Ala.
In Tenn, during a formal class presentation I had a state officer tell me that if you list the truck or trailer on your farm tax forms for depreciation, etc., then it is considered commercial. So if GVWRs add to 26,001 or more, he assumed you were commercial, until you prove otherwise.
Sometimes the key point to the misunderstanding is that anything 26,000# and up is considered commercial, no matter the actual usage. And varying interpretations across the country don't help much.
Posted 2014-02-20 7:08 PM (#157595 - in reply to #157592) Subject: RE: CDL
Extreme Veteran
Posts: 379 Location: Missouri
Originally written by BS Hauler on 2014-02-20 3:42 PM
The word commercial is where it gets tricky.
In Iowa a DOT officer told me that if I am going trail riding that I am recreational.
If I am going to a horse show or an event that any money is involved or if by participating in influences the value of the horse then I am COMMMERCIAL. And yes I need a CDL.
So if you get stopped you better tell them that you are just trail riding.
Once you cross State lines you will need a health card.
Not true unless you are deducting the expenses of such events on your income tax. Below is taken from FMCSA 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.
Posted 2014-02-20 9:03 PM (#157596 - in reply to #157556) Subject: RE: CDL
Extreme Veteran
Posts: 402 Location: Valentine, NE
Good luck and hope no one gets stopped. My experience is that each DOT or State Patrolman has their own interpetation. I have the fed and state regs with me in my rigs exempting me according to me. Have had a few "visits" with patrolmen but no issues. Have friends that have not been so lucky. My question as to the "profit via tax return" -- how are law enforcement to know what/how you file on your taxes? IMO, it is a cluster...
Posted 2014-02-20 9:24 PM (#157598 - in reply to #157596) Subject: RE: CDL
Extreme Veteran
Posts: 379 Location: Missouri
That's why I carry the CDL manual with the exemptions highlighted with me. If I'm ever stopped and questioned the officer can make two choices only one being the correct one. 1)Tell me have a nice day and send me on my way or 2)Give me a citation knowing full well he has violated my rights and I'll see him in court.
Posted 2014-02-20 10:49 PM (#157599 - in reply to #157592) Subject: RE: CDL
Expert
Posts: 3853 Location: Vermont
Originally written by BS Hauler on 2014-02-20 3:42 PM
The word commercial is where it gets tricky.In Iowa a DOT officer told me that if I am going trail riding that I am recreational.If I am going to a horse show or an event that any money is involved or if by participating in influences the value of the horse then I am COMMMERCIAL. And yes I need a CDL.So if you get stopped you better tell them that you are just trail riding.Once you cross State lines you will need a health card.
You do not need a health card if you are Exempt...
Posted 2014-02-23 8:26 PM (#157622 - in reply to #157556) Subject: RE: CDL
Veteran
Posts: 197 Location: AZ
Az does not require 'recreational' haulers to use CDLs. Now, if I get pulled over and they ask me for my 'proof of health insurance'...I am getting outta dodge, well Az.
CDL
