Really? as the law states Yes. Air over hydro bakes and a GVW of over 26K.... Becuase of it not having Full Air brakes you most of the time will get away with not having one.. but you get one good cop and your busted.
Based upon what statute? The fact is that it is not as cut and dried as everyone says.
Starting off, I'm not a lawyer, I'm just a lay person who has spent a substantial amount of time researching this issue with both my own state controlling authorities AND with the federal government on this issue.
First off, there are reasons you do NOT want a CDL. 1. it implies that you are in part acknowledging that you are commercial in some way shape or fashion which gets them in the door on regulatory compliance issues (hours, log books, DOT number, IFTA Sticker, IRP Sticker, etc).
The MINIMUM Controlling authority on this issue is the Federal Motor Carrier Safety Administration. They say, via § 383.1 and §390.3 that the functional use of the vehicle has to be commercial in nature. They define that as you are engaged in business for profit (but not necessarily AT a profit) and then you're in commerce. If you're going to events where you win money as a prize that you report as NORMAL income (and not income as part of a business) then it's STILL not commercial. (
§390.3(f)(3)). Further the rules of
§383 apply to drivers who are in COMMERCE. Again, that's for gainful use of the truck. Just because you're driving and buying fuel to use the vehicle doesn't mean you're in commerce any more than is a RV driver in a 30,000 lb Motor Coach.
If your truck is a hobby vehicle and you're using it for recreational purposes it's not a CMV and the rules don't apply to you. I'd still argue that it's a good idea to run through the weigh stations, carry a copy of the rules AND a copy of the applicability guidance from the FMCSA. I had a LONG and extensive conversation with the Director of State legal Compliance AND with the State Training Directors for my district, both were VERY clear that 390.3(f)(3) meant that Hobby MVs are NOT Commercial Vehicles. The
regulatory guidance in question 21 is VERY clear this is what Mr Harris' answer to me in my letter was predicated on by example. The clear caveat being that if you are transporting a personal property that is PART of a business (horses to a horse show and you have a horse farm, you're no longer exempt as a farmer if outside the mile radius limitation). Thus if you have a business buying and selling MVs and MV parts, you WOULD possibly be outside of this exemption.
Here's the question as copied from the FMCSA website.
Question 21: Does the exemption in §390.3(f)(3) for the ‘‘occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise’’ apply to persons who occasionally use CMVs to transport cars, boats, horses, etc., to races, tournaments, shows or similar events, even if prize money is offered at these events?
Guidance: The exemption would apply to this kind of transportation, provided: (1) The underlying activities are not undertaken for profit, i.e., (a) prize money is declared as ordinary income for tax purposes, and (b) the cost of the underlying activities is not deducted as a business expense for tax purposes; and, where relevant; (2) corporate sponsorship is not involved. Drivers must confer with their State of licensure to determine the licensing provisions to which they are subject.
In conversations with the state compliance director he made it clear that a lot of the exemptions are applied incorrectly. This was both with RVs and with buses used by police departments. An example he gave was that a bus used by a police department , say used to move cadets was an inappropriate example of an emergency vehicle. A light bar didn't make it an emergency vehicle, it's USE as an emergency vehicle was what made it such. Thus, the bus, used to move cadets around to/from the academy required a driver with a CDL (then a Class B, a P endorsement and potentially an Airbrake endorsement). Similarly, a recreational vehicle used for a business (say as a mobile sales point) would in fact be a Commercial Vehicle. A good example was a motor coach used to move a band around with a hired driver, that's a business both for the driver AND the operator's of the vehicle. Conversely, a semi-tractor used to move your own goods/household proerty, even if for winning a prize was NOT commercial.
Now, as to state level laws. The states have, over the years adopted the FMCSA regulations badly and the FMCSA has slowly been getting them into compliance. Some states had some problems that made the applicability rules badly formed or were confusing I even attempted to resolve some of this with a bill in my own state. The FMCSA also had a bill that was going to change the same state laws and this got precedence in the General Assembly...SO the same desired effect occurred, thus I was happy.
In some cases, when you talk to your state officials, they'll tell you you cannot, even though the statute is in fact in your favor. I was told initially that I could get a Class A non-commercial license. I started the process, then I was told I could not, months later after there was a change in directors. When I researched the statute in detail, and brought it up with the State AG's office, I got a letter clarifying the problem and I got my license.
Suffice to say, as the states have trued up their laws regarding trucks by wholesale adoption of the FMCSA regulations vs trying to copy and make adjustments and re-write, the gaps for the non-commercial users like ourselves have become more clearly defined with the Federal Guidance making it VERY clear that we are in fact NOT covered by such commercial regulations.
Check your state, see where the laws have been changed and where they are. It takes some time and some hard looking,perhaps asking some questions. Don't accept the first answer. Sometimes it' a matter of asking the correct question the correct way. I had one FMCSA type give me a different answer than I had expected, I directed him to 390.3(f)(3) and he changed his tune and apologized for giving me the wrong answer covering the other area I was inquiring about.
Mind you, some states may be FAR more invasive and draconian than others. California is one I think. However, most states have a NON-commercial class license rated for Class A and B trucks (now Class E and F if the true ups in DOT law are consistent).
: Required to operate any combination of vehicles with a gross weight rating of 26,001 pounds or more, where the vehicle(s) being towed is/are in excess of 10,000 pounds. Example: Recreational Vehicle, when the towing vehicle is rated at 11,000 pounds and the vehicle towed is rated at 15,500 pounds (total combination weight of 26,500 pounds).
