Written by Jerad Childress, Attorney | Scopelitis Garvin, Light, Hanson & Feary
NATDA members and their customers have frequently encountered
the often-confusing commercial driver’s license (CDL) laws when
engaged in towing trailers. This article is designed to clear up some
of the confusion related to when and why a CDL is required.
With the goal of making “roadways safer for the public and CMV
industry,” the Federal Motor Carrier Safety Administration (FMCSA)
requires that states issue CDLs in accordance with the Federal Motor
Carrier Safety Regulations (FMCSRs). The FMCSRs applicable to CDL
requirements may be found in 49 Code of Federal Regulations (CFR)
Part 383. In addition to the various endorsements, these regulations
set forth that a Class A, B or C CDL is required for the operation
of certain commercial motor vehicles (CMVs) while engaged in
commerce.
From this regulation and as seen below, the FMCSA has included
a figure setting forth these Class A, B and C groupings with an
explanation on when these CDL classes are applicable.
(See figure 1 on page 72)
There are two key inquiries required in order to understand when a
CDL is required. First, does the size of the vehicles meet the CDL
requirements; and second, is the vehicle(s) engaged in commerce?
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The determination of whether the size of the vehicle towing a trailer
constitutes a CMV is fairly straight forward. By looking at the vehicle
certification labels, the gross combination weight rating (GCWR)
and gross vehicle weight rating (GVWR) may be obtained (NOTE:
this weight should be obtained from the certification labels on the
vehicles, not from the registrations as it is not uncommon for the
GVWR of vehicles to be inaccurately recorded on the registration.
Prior to answering the question of whether the vehicle is engaged in
commerce, a driver is required to have a Class A CDL if the GCWR
of the vehicle towing the combination is over 26,000 lbs. and the
GVWR of the trailer is over 10,000 lbs. In the event the certification
label of the towing vehicle does not display the GCWR, a CDL is
required if the total GVWR of the vehicle and trailer is above 26,000
lbs. and the GVWR of the trailer is above 10,000 lbs. A Class B CDL
would be required for any vehicle with a GVWR of more than 26,000
lbs. even if this vehicle is towing a trailer with a GVWR less than
10,000 lbs. Obviously, any truck that exceeds 26,000 lbs. GVWR by
itself, prior to attaching a trailer, would require a CDL.
The next question that must be answered to determine if a CDL is
required is whether the vehicle is being operated in “commerce”. The
image of a CMV in commerce conjures up the image of a large tractor-
trailer motor carrier operation, but this is not a complete picture. I
often counsel clients that even if the CMV is being used as a mere tool
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