NATDA Magazine Sept/Oct 2019 NM_Sept2019_Final091619 | Page 88

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. 88 NATDA Magazine www.natda.org