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Commercial driver license in NC

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jarrod britt

05-31-2006 17:12:09




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If the rollback'S MANUFACTURER GVWR is less than 26,000 lbs and taged with just for exp 35,000, are u legal with a reg license until u put a tractor on it, or can u put up to 35,000 on it and still be legal.In other words are u legal unloaded until u load it past 26,000 lbs.Can someone please help me in understanding this?In NC looks like if your employer lets u operate a truck that requires CDL they are fined 5,000 & maybe jail time.Im curious because i sometimes drive a Chevrolet C70 rollback with a 28,000 GVWR Please any help from someone with this experience drop me a line and let me know the deal on this subject, thanks in advace, Just want a little assurance that i cant be held liable if i got stopped or in a accident.Im going to get my CDL,S but at the present i do not aquire one.Really thanks so much.

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JBMac

01-17-2008 07:59:21




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 O/T What would you farm on 25 acres? in reply to  



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RodInNS

06-01-2006 19:11:50




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 Re: Commercial driver license in NC in reply to jarrod britt, 05-31-2006 17:12:09  
I can't tell you what the laws are in your state, however I do know what they are in my province. As has been mentioned, I think your laws are now Federal or National, as the standards here in Canada are now largely being harmonized under the National Carrier Program. Up here, very simply, if you are to operate any motor vehicle with a REGISTERED weight of more that 14000 KG (30800#), then you require what we call a Class 3 licence. This is a basic CDL. It does not allow towing heavy trailers. To tow any trailer heavier than 4500 KG, you would require a Class 1 licence, which is for Semi/Tractor trailer, or a heavy trailer endorsement. The wisemen got so smart last summer that they now require us to have a heavy trailer endorsement to tow a trailer over 4500 KG behind a farm tractor! You would also requires an air endorsement, which is separate to the CDL if the truck has air brakes.
That said, up here, we can register a one ton to have a registered weight of more than 14000 kg, and then require a CDL to drive it. However, we are still limited to maximum AXLE weights... So the truck still has a maximum legal GVW, regardless of it's registered weight.
The bottom line, I believe, in your situation, is to go by what is on the vehicle's registration paper. If you are not licensed to drive a vehicle of that weight, you are driving without a/sufficient licence. HTH.

Rod

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john in la

05-31-2006 23:30:24




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 Re: Commercial driver license in NC in reply to jarrod britt, 05-31-2006 17:12:09  
If a truck has a GVWR of 26,000 or less no CDL needed

If a truck has a GVWR of 26,001 or more you need a CDL

You can tag a truck for what ever you want. Yes you can tag your Toyota pickup for 80,000 lbs if you want to.

You can never load a truck to gross over the GVWR no matter what size tag you have on it.

If your GVWR is over 10,000 lbs; you use the truck for profit and cross state lines you need a DOT #; IFTA sticker; ect because you are considered commercial.

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NC Wayne

05-31-2006 20:47:41




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 Re: Commercial driver license in NC in reply to jarrod britt, 05-31-2006 17:12:09  
Hey Jarrod, I live up toward Concord and drive an FL106 Freightliner mechanics field service truck. It's a 33,000 GVWR that has been "derated" and has 26,000 GVW sticker on the door, with the actual axle weights also listed (22,500# rear and 12,500# front, and it's tagged for 38,000#. Unloaded it weighs around 25,000, but with all my tools, etc then I'm around 28-30,000#. I drive it with nothing but a class C license and have never had a problem. If your in the Charlotte area the best thing to do is call the weigh station on I-85 North, (down near Gastonia) and ask for Sgt Hinson. He is or not too long ago was still the DMV Safety Officer. I talked to him several years ago before we put my truck on the road. You can call and ask him any question you like but to sum up what he told me---The tagged weight means nothing when it comes to wether you need a CDL or not. It only comes into play if your carrying more than the weight you've paid the state for the privledge of being able to carry so they know how much to write the ticket for.--- The total axle weights mean nothing wether they total more than 26,000 or not.--- If the vehicle has a GVWR on the sticker of 26000# or less then you don't have to have CDL. If the GVWR is over 26,001# then you have to have a CDL. If there is no sticker then they'll weigh the truck, over 26,001 you need one, under you don't. In his words as long as there is a sticker on that vehicle, something more official than 'a note from your Momma' stating the GVWR of that vehicle your covered. To any skeptics I go through the weigh stations all the time and have only been stopped once and then it was my fault. I knew I was probably heavy and should have gone up Wilkenson Blvd instead of 85 but I figured late on the Friday before Labor Day the scales would have been closed so I took a chance and I got suprised....Anyway I brought a pallet load of parts home and had let the guy load me with a forklift so all the weight was to the rear. I got "pulled" when I went across the scales for being over the NC limit (on my rear) of 20,000# per axle by a little over 2,200#. It cost me (the company) $138 for the ticket but it was worth that not to have to move everything to the front. I spent nearly an hour standing around talking to the guys at the station and learned alot. Things like they allow you an extra 10% per axel on the backroads but if they stop you and your overweight more than that extra 10% then the ticket is written based on the "standard" weight of 20,000#. This, they said, is to keep the heavier vehicles off the interstate. In other words they'd rather have you overweight on a side road tearing them up instead of the interstate. Basically there is no such thing as "bypassing a scale" if your legal your legal, if not then your not, no matter what road your driving on. For what it's worth I've been across just about ever scale West of I95 and have never had a problem. There again it all comes down to wether the man that pulls you want's to be an a--hole or not.....Just my .02 of experience for what it's worth

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john in la

05-31-2006 23:46:23




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 Re: Commercial driver license in NC in reply to NC Wayne, 05-31-2006 20:47:41  
Boy N.C. has sure got lax on their laws or you are sure lucky.
Lets see..... .....
You have a truck that was once rated at 33,000 lbs and you had it derated to 26,000 so you can get by the CDL laws. No problem.

You have it tagged at 38,000 lbs. No problem.

You regularly weigh 28 to 30,000 lbs. in a truck that is now rated at 26,000 lbs. That is so illegal it is funny.

So lets see..... .
I guess I can take my Peterbuilt rated at 80,000 lbs and my 9300 gallon gas tanker and have the sticker on the door changed to read 26,000 lbs GVWR and I will no longer need my CDL. I also assume if I removed the placards off the side of the trailer I could get by with no hazardous endorsement also.

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NC Wayne

06-01-2006 19:04:55




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 Re: Commercial driver license in NC in reply to john in la, 05-31-2006 23:46:23  
Hey John, all I can tell you is that what I'm doing is following the letter of the law. As far as loading the trucl over the GVWR you need to set in a scale house at a quarry sometime and see just how many of the dumps leaving are loaded over their GVWR to their maximum "legal load limit" as detrmined by the number of axels and wheelbase. You'd probably be suprised that's it's close to if not 100% of them. Otherwise those guys can't make a living hauling "light loads" day in and day out....That said if I was so illegal then when I got the ticket for being over on the rear and then spent an hour standing around talking to the guys, where they would have had ample opportunity to find something else wrong if they'd wanted to and there was, why didn't they write me up for something else???? Because by the letter of the law I was legal and they knew it.....---I regularly run down into SC, and have even made a trip through VA and into West Va crossing scales all the way there with no problems. I also pay every year for the proper IFTA stickers for the states I travel, carry a two million dollar liability policy, fill out quarterly fuel tax statements, etc., all "legal like---Now since I do follow the letter of the law if I ever put a trailer behind my truck, no matter how light or heavy (which I don't and don't plan to) I automatically have to have a Class A CDL. ---- They claim these laws are to protect the public from those of us driving trucks but that's a bunch of BS. All it does is give the individual states a way of collecting revenue off unsuspecting or unknowledgable truckers who are trying to make a living and happen to pass through a state and happen to be doing something that's illegal there that's prefectly legal everywhere else. Just look at the weight limits in the states. You can cross half the country and be legal as all, but hit one specific state that has their own thoughts on what your truck can weight and they'll burn you a new one..... If they want to make things right go ahead and make Interstate trucking laws a exclusively federal regulated thing and keep the states and their individual BS laws out of it.---- As far as safety is concerned, how may 70+ year old men have you seen driving a motor home and towing a full size car with nothing but a class C liscense??? He's gonna be "legal" in more states than I am. He probably knows very little about the repair, maintenance, etc to his vehicle, his reflexes are gonna be slower because of age, etc etc, etc, so tell me where he's safer than I am in a straight truck that I personally repair and maintain--- My neighbor's son works for a local county bus garage. When he was old enough to get the proper credentials to drive their wrecker they put him on it. He could legally get the endorsements to drive the wrecker but wasn't old enough to drive the fuel truck (had to be 21 for his Haz mat)....yet if the fuel truck broke down he could pick it up with the wrecker and tow it anywhere because he had the endorsements he needed for the wrecker....Now tell me that's "safe" or even makes good sense...---Friend was at the DMV the other week getting his CDL renewed. Guy in the booth next to him was getting a CDL along with endorsments for all the good stuff he needed like Hazmat, explosives, etc. The guy was getting it with an interpreter because he could neither read, write, nor speak English...Again I'm supposed to be illegal/unsafe??? This guy can't even read the road signs or comunicate to tell a DMV officer Highway Patrolman, etc he's on fire but he can rive a tanker load of hazardous chemicals on the road beside me....----Just another .02 of my thoughts and experiences..... .

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thegearjammer

05-31-2006 19:01:28




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 Re: Commercial driver license in NC in reply to jarrod britt, 05-31-2006 17:12:09  
YOu have to ahve a cdl for the truck loaded or empty. A B plated truck can pull a empty trailer with a TC plate, and be fine as far as weht is concerned however even though the truck has a B plate with that trailer it has to be saftey tested, with out the trailer n o safety test. If you have a tb or ta trailer loaded or empty no safety sticker. My point is laws are crazy, and very GREATLY state to state. Your ? though is federal and you need a cdl. But my point is many laws very state to state. The horse shoot thing about a cdl is everythign comes back to the driver and they are very very strict w/a cdl license. If you are in your car and get a speeding ticket it goes against your cdl, your bac i ahve been told is lower because yu have a cdl even though you are in your own personal car etc etc. Also EVERYTHING IS THE DRIVERS RESPONSIBILITY. Way back when for 2 weeks straight i put in my vcr (vehicle condition report) that as a driver you are required tto fill otu everday (many drivers dont but thats another story) that the turn singles on the truck iw as driving would quit working after 30 seconds of being on (ie sitting at a stop light). IT didnt get fixed didnt get fixed then all of the sudden a wheel seal started leaking (smokey brakes oil on brake pad ddint stop well, slack adjuster wouldnt stay adjusted, backed itself off. Finally one day I told the boss its got to get fixed before I take it out on the road. He said you dont drive it then go home your done. I walked away and never looked back. The reason I tell you this is your new to cdl and am trying to give you advise. NO load is worth hurting somone or killing somone. Sometimes you have to walk away. IF I would have driven that truck and killed somone even if it wasnt my fault (somone pulled out infront of me could I have stopped if those 2 brakes were working?As a driver you are responsible if youg et pulled over and doted (checked over by police) you are responsible. IF you get in an accidentyou will be picked over looked over with a fine tooth comb. Ignorance is not an excuse and an officer will not believe or accpet the at "all the lights jsut stoppped workign cause i checked it this morning, brakes pads must have just evaporated plenty of pad left when i check this morning etc". I have always said as a driver "i dont care if the motor blows up, ALL i care about is the defroster, brakes and lights work. IF all of that is good that is all that matters. If the motor blows up hey come get me not my problem. IF the brakes dont work that is a problem. Trans goes out call a hook. but Dont ignore saftey. Make a million miles alive.

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sammy the RED

05-31-2006 19:51:51




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 Re: Commercial driver license in NC in reply to thegearjammer, 05-31-2006 19:01:28  
You forgot to list wipers. ;o]



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willie j

05-31-2006 18:32:58




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 Re: Commercial driver license in NC in reply to jarrod britt, 05-31-2006 17:12:09  
The key word is manufacturer's gross veh rating. Up to 26000 RATING you would be okay on a regular license. At 26001 RATING you need the upgraded license. Hauling something that weighs 35000 gross on a veh rated for 26000 would make you illegal by 9000# over the RATING.
Driving the C 70 rated at 28000 even empty requires the upgraded license, even if it only weighs somewhere around 12000-14000.
A trailer rated at over 10000, even is tare weight is less, requires class A at all times, empty or loaded.
These are federal standards, all states the same.
Willie J (deisel pilot & licensed peace officer -retired)

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Bus Driver

05-31-2006 17:23:03




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 Re: Commercial driver license in NC in reply to jarrod britt, 05-31-2006 17:12:09  
For that rollback, the instant the whole thing, truck, fuel, driver, passenger, load- weighs more than 26,000 pounds, a CDL is required. The weight of 26,000 is the important matter, not whether it has cargo on the back. For single units over 26,000, a Class B is sufficient. The Class B may also pull a trailer that does not weigh more than 10,000 pounds gross weight. For trailers over 10,000 pounds, a Class A CDL is required.

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