Re: [MV] MV CDL

From: mblair1@home.net
Date: Sun Mar 25 2001 - 08:45:20 PST


"Emmett Thompson" <kt4al@worldnet.att.net> wrote:
> 1) what is CDL an acronym for? I assume it means Commercial Drivers license

Correct.

> 2) what does "commercial" mean? I again assume it means "for hire"
[...]
> Damn it, you either need a COMMERCIAL LICENSE or you do not!!!!! There has
> to be a federal line here due to the fact that the federal gov't started
> this whole thing.

Federal law sets minimum requirements that the states must enforce.
Driver's licenses are issued and enforced by the states, under state
laws, and those state laws must be at least as restrictive as the
federal minimum limits, but can be and often are more restrictive.
"Separation of powers", and all that. Sure, either you need the CDL or
you don't, but whether you do or don't varies depending upon what kind
of vehicle you drive, how you use it, and what state you reside in.

For example, under California state law, a vehicle is considered
"commercial" based on the *type* of vehicle, *not* its intended use.
In California, you need a class B CDL to drive a deuce, because
California law defines any vehicle with more than two axles and a GVWR
over 6,000 pounds as a commercial vehicle requiring a class B (or
better) CDL to drive. Period. Federal law is irrelevant, because the
Feds just set minimum requirements and require that states honor each
other's licenses, but licenses are issued and enforced under state
law, by state (or county, or local) employees. If you are visiting
California, I guess you need to have whatever class of license is
required in the state that issued your license.

I can't comment on any other state's laws regarding license classes,
because I'm not lucky enough to live in any other state right now. I
gather that some states' laws are written such that a class B CDL is
not required to drive a deuce recreationally. I also gather that a
class B CDL would be required in any state to drive a vehicle with a
GVW over 26,000 pounds, due to the federal minimum requirements, but
it's still *state* law that requires the license.

--
Mark J. Blair, KE6MYK <mblair1@home.net>
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