I've been watching this thread for a while and think it is time to throw the flag an penalize a bunch of posters 15 yards for BS.
Federal commercial motor vehicle (CMV) and commercial driver's license (CDL) rules only count for interstate commerce. Here's the federal CMV definition:
Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle—
(1) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or
(2) Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
(3) Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
(4) Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C.
Past that only New York State law and regulations apply here so comments and speculation that don't reference them are a waste of time and website space.
Each state is required to have CDL standards at least as stringent as federal interstate standards. What standards each state adopts for intrastate driving is it's own business.
From the NYS DOT website and referenced to the NYS DMV site:
Vehicles Requiring Commercial Driver’s Licenses
Drivers must hold CDLs if they operate in interstate, intrastate, or foreign commerce and drive a vehicle:
- With a Gross Vehicle Weight Rating (GVWR) or Gross Vehicle Weight (GVW) of at least 26,001 pounds, whichever is greater, or a lesser GVWR or GVW the Secretary of Transportation prescribes by regulation, but not less than a GVWR of 10,001 pounds; or
- Designed to transport at least 16 passengers including the driver; or
- Transporting a quantity of hazardous materials requiring placarding.
There's that pesky word "commerce" again.
In checking the NYS DOT website and using their menu to determine if a NYS DOT physical is required the first question is whether you are engaged in commerce. If you check "NO" it tells you that you don't need a medical certificate.
However, the DMV requires a certificate to renew nearly all CDLs so if you want to renew a CDL you generally need the current medical certificate. If you don't have the certificate you'll get a regular license and be back to having to count on the non-commercial use of the truck as a shield.
With that said, NYS V&T law requires an air brake endorsement to operate a CMV (yup, COMMERCIAL motor vehicle which is defined by commercial use) with air brakes or air over hydraulic brakes. MVs such as M44 and M809 series trucks have AIR ASSITED HYDRAULIC BRAKES. Read the TMs. I suspect that you stand a good chance of getting a ticket over the issue if an officer decided that your air assisted hydraulic brakes fit the definition of air over hydraulic brakes and that you'd have to split the hair in court.
The last time I looked both NYS and DOT regulations allow a motor home of up to 54,000# GVWR to be operated without a CDL.
Another often overlooked item is that NYS DOT and DMV regulations require a tow truck endorsement to tow ANY vehicle at any time on a public road. I've never heard of that being enforced on anything other than a commercial tow rig but the law does not differentiate between them and guys like us towing a MV or dragging cousin Bubba's rust bucket to the local pick-n-pull.
I have a Class A license with double and triple trailers, tank trucks, air brakes yadda, yadda, yadda so it doesn't matter too much for me. It does matter for our 5 sons though and it would be nice to settle the issue as regards NYS rules.
So, in New York at least, the whole thing comes back to commercial use unless someone can find a different definition in V&T law, DOT regs etc. It would be nice if someone found a truly definitive answer because all the info I can find references vehicles used in commerce. If that is really the case maybe we here New York could then print off the definitions and keep them in our MVs against future need.
End of rant...
Lance