From: Ryan M Gill (rmgill@mindspring.com)
Date: Wed Mar 20 2002 - 13:39:09 PST
At 2:30 PM -0500 3/20/02, Dave Cole wrote:
>Those guys have no clue. I've been down that road and the BMV or DMV
>guys have no idea what is written in the law books.
The supervisor did.
>
>A couple other questions to ask them:
>
>Where is it in the Georgia law books that specifies that a Class A
>license is required? (They should be able to quote section,
>subsection if they know
>what they are talking about.)
http://www.state.ga.us/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/40/5/23
(c) The noncommercial classes of motor vehicles for which operators
may be licensed shall be as follows:
Class A -- Any combination of vehicles with a gross vehicle weight
rating of 26,001 pounds or more, provided the gross vehicle weight
rating of the vehicle or vehicles being towed is in excess of
10,000 pounds, and all vehicles included within Class B and Class
C;
Class B -- Any single vehicle with a gross vehicle weight rating
of 26,001 pounds or more, any such vehicle towing a vehicle with a
gross vehicle weight rating not in excess of 10,000 pounds, and
all vehicles included within Class C;
Class C -- Any single vehicle with a gross vehicle weight rating
not in excess of 26,000 pounds or any such vehicle towing a
vehicle with a gross vehicle weight rating not in excess of 10,000
pounds and any self-propelled or towed vehicle that is equipped to
serve as temporary living quarters for recreational, camping, or
travel purposes and is used solely as a family or personal
conveyance;
>If I have an RV that is over 26K GVW, do I need a Class A license?
>Why or why not?
Yes.
>What is required to qualify a vehicle as an RV? (A cot and a porta
>potty in the back of your M35?)
Its not Commercial.
http://www.state.ga.us/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/40/5/142
GA Code 40-5-142
(7) "Commercial motor vehicle" means a motor vehicle designed or
used to transport passengers or property:
(A) If the vehicle has a gross vehicle weight rating of 26,001
or more pounds or such lesser rating as determined by federal
regulation;
(B) If the vehicle is designed to transport 16 or more
passengers, including the driver; or
(C) If the vehicle is transporting hazardous materials and is
required to be placarded in accordance with the Motor Carrier
Safety Rules prescribed by the United States Department of
Transportation, Title 49 C.F.R. Part 172, subpart F;
provided, however, that for the purposes of this article, no
agricultural vehicle, military vehicle operated by military
personnel, recreational vehicle, or fire-fighting or emergency
equipment vehicle shall be considered a commercial vehicle. As
used in this paragraph, the term "agricultural vehicle" means a
farm vehicle which is controlled and operated by a farmer; used to
transport agricultural products, farm machinery, or farm supplies
to or from a farm; and operated within 150 miles of such person's
farm; which vehicle is not used in the operations of a common or
contract carrier. Any other waiver by the Federal Highway
Administration pursuant to Federal Law 49 C.F.R. Parts 383, 391,
RIN 2125-AB 68, of the United States Department of Transportation
shall supersede state law in authorizing the Department of Motor
Vehicle Safety to exempt said classes.
Private MVs aren't specifically mentioned, but when you check the
CFR's (*wild leap of faith*) I'll bet you'll find that there is a
particular exemption for operation of a private vehicle with the
following phraseology "Individuals ....operating motor homes or other
vehicles used exclusively to transport personal possessions or family
members, for nonbusiness purposes."
I say this based on what multiple CDL licensing firms say on their
websites. If these folks are saying don't give us money because you
don't have to. Then I place a good bit of stock in that.
I've poked around in the CFRs and in the DOT's web site. So far I
can't find a specific cite, but I suspect its out there in the
byzantine set of rules and regs.
>Are there any provisions in the Georgia state law specifically for
>privately owned MVs? (There are in a number of states)
Not as far as I can tell.
>What about farm vehicles that are over 26K lbs? Is a Class A
>license required for that?
Yep. Georgia (and many other states) have particular and specific
statues governing the operation of vehicles for farm use. Georgia has
a class of regs on Class A Farm Trucks, Wood trucks and some ore and
other raw material type trucks. Many of which hardly ever see a
federal highway and must fall under State and local jurisdiction. All
are "commercial" but have their own exemptions and particular rules.
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