to accomplish their work, it is still being used for
a commercial purpose. Landscaping businesses,
racing teams and horse stable operations are
all examples of non-traditional vehicle uses that
most likely fall into the category of being used for
commercial purposes. This would also include a
trailer dealer hauling trailers in the course of their
business.
The FMCSA defines “commerce” in 49 CFR 383.5
as any trade, traffic or transportation between a
place in a state and a place outside of that state
or any trade, traffic or transportation that affects
the trade, traffic or transportation between a
place in a state and a place outside of that state.
As expected, this regulation is often interpreted
differently by state law enforcement agencies and
even differently by the troopers within each state.
If the vehicle is transporting property across state
lines, there must be certainty related to whether
the movement is properly classified as personal or
commercial. This can be trickier than you might
think. The above examples involving a racing
team and a horse stable operation would most
likely be considered in commerce if the purses or
winnings are monetary in nature. This would be
the case even if no company logo is present on
the vehicle or trailer. Similarly, even a small-time
landscaping business would require a Class A or
B CDL depending upon the combination weights.
To add to the confusion, there are various state-
law CDL requirements that can be more stringent
than the FMCSR requirements and applicable to
intrastate movements or those movements that
do not cross state lines. However, a state may
not impose its more stringent intrastate CDL
requirements on movements that cross state
lines. A number of states have simply adopted
the federal CDL requirements for intrastate
movements.
Ultimately, if used in commerce, a driver must have
a CDL if the towing vehicle exceeds 26,000 lbs.
regardless of trailer GVWR. For a smaller towing
vehicle, if the combined GVWRs of the vehicle and
trailer exceed 26,000 lbs. and the trailer’s GVWR
is over 10,000 lbs., a CDL is required.
Have questions? Ask them at TransSafe
Consulting, LLC’s class at the 2019
NATDA Trade Show & Convention, Dealer
Regulatory Matters: Understanding How
Federal & State Trailering Regulations
May Impact You & Your Customers, on
Thursday, September 5, 2019. Please visit
www.transsafeconsulting.com to learn
more.
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NATDA Magazine www.natda.org