Not sure if I need a CDL in Florida or not?

[highfavor1004]

No, that is not correct. It’s still registered military classic so the full intent still applies to the clause. It never stops being a military unless you otherwise edit the appearance IE bobbing a deuce. 320.086(6) is the full intent of the statute. Since I have posted I have talked with three DOT officers, One DOT Lieutenant, and a County Judge. I showed them the all the Florida State Statutes and the DMV CDL Exemptions. They all agreed that the law applies. Furthermore the Judge stated that there is no law that state otherwise, so for now that is the only law that governs military vehicle current and past regardless of owner ship. I asked him what happened if someone would to be cited. He said, that’s simple the ticket would be thrown out. Emmett I know you mean well but you simple do not have the fact straight. Please don't take offense, but in law you have to go with what is written, not what you think it means. I dont know your past experiences but please don't give out bad advise. Thank you

 

[highfavor1004]

FireFighterHill hey brother, you are good to buy what you want. If you are still having problem let me know what your question are and I will send them up to the DOT Lieutenant to answere.

 

[Emmett]

Not offended Highfavor...Just saying that unless you have that in print, it's just hearsay. Feel free to ask all those fine folks to put what you just said in print and I will be happy to keep a copy in my vehicles.
I don't mind being corrected, it's just that in the past I have found myself in a touchy situation by "misinterpitation of the law". I'm sure you understand.

 

[highfavor1004]

Yes, I do the law has been misinterpreted many many time. I also take no offense. All that I was presenting that if you are cited your best bet is to fight the ticket and have it thrown out. I am working letter to send to FDLE right now that will send out a general email to all employed state and county officer to informing of these statutes and requirements.

 

[Tow4]

Not offended Highfavor...Just saying that unless you have that in print, it's just hearsay. Feel free to ask all those fine folks to put what you just said in print and I will be happy to keep a copy in my vehicles.
I don't mind being corrected, it's just that in the past I have found myself in a touchy situation by "misinterpitation of the law". I'm sure you understand.

I don't think anybody has said anything here to try and put anybody down or offend someone. We all just supply our opinions and information based on the issue as we see it.

Since all LEOs enforce the laws as defined in the statutes; what is needed is the STATUTE/s that SPECIFICALLY says privately owned ex-military vehicles regardless of weight, configuration, etc are exempted.

It really doesn't matter if this DOT officer says one thing, the issue is they don't all say the same thing, and the judge might interpret the LAW (statute) differently. If you get a ticket from a LEO for an improper/no license (and you might if you can't convince him of your position); you might get that dropped pleading some of the examples in this thread if you chose to go to court. But, getting dragged into court after you flatten a mini van with your ex-military tractor pulling a ex-military trailer and the judge finding out you don't have the proper license HE has determined (based on the statutes/law) you need is going to be a problem. It won't matter who's at fault if the judge determines you don't have the proper license and that was a contributing factor. It will become your fault.

I don't expect all LEOs to know every statute so I carry a copy of the statute at exempts me from displaying a tag in all of my MVs so there is no doubt. Neither I or the next 100 posters saying you do or don't need a CDL make any difference. If YOU think there might be any doubt, carry a copy of the Statute that exempts you, or get the CDL license.

 

[Goose2448]

I have my CDL for work, so I don't worry about what I drive. But as it has been stated, its up to the judge if you do get a ticket for improper licence. And I have a feeling that a judge in say Polk County may want to lock you up and throw away the key, where as a judge in Lee County will make sure all of the officers in the county know this law.

Guy I work with was pulled over a few years ago in Broward County by those sheriff ladies . He was driving a Chevy 3500 6.0 Flatbed towing a 20+5 10 Ton GN. Trailer is registered at an undefined weight. Truck was registered at like 14,000 pounds. Well they put him on the scales and he was 34,450 pounds. That's when we started running DOT numbers and CDL's to avoid more $2000 tickets. A few months ago, a DOT Officer stopped him to tell him that if the trailer is registered at an undefined weight, there was no need for DOT numbers and all. He even gave him a print out of the statute. We still run DOT numbers and all, rather be safe then in the hole a bunch of money. I was stopped once at a weigh station here so they could see what my truck was registered at. You know because going into a weight station with DOT numbers on the side of the truck, my truck is gonna be registered at 14,000 pounds. They said well a lot of F550 are, then I showed them its registered at 43,000 pounds and only scaled at 22,000. So basically, I was told I needed DOT numbers and a CDL with a trailer registered the same as the other guy who was told he a CDL was not needed.

 

[Csm Davis]

Well I was a Deputy in Volusia and Lake county, I am by all means not a DOT officer however according to the Florida Statute Handle book that I have state regardless of size and weight as long as it is Registered Military historic and not Used commercially that you do not need a CDL to operate the vehicle. This covered in statutory guidelines 320.086(6) also straight from the Florida DMV web site (http://www.dmv.org/fl-florida/cdl-education.php). Under CDL Exemption states
CDL Exemptions:
Drivers of some vehicles are exempt from requiring a CDL. These include:

1. Drivers of authorized emergency vehicles
2. Drivers of military vehicles
3. Farmers transporting goods or machinery within 150 miles of their farms
4. Drivers of recreational vehicles
5. Drivers of single-unit trucks that are transporting their own goods not for sale
6. Employees of public transport systems who move vehicles from one place to another in confined areas belonging to the transport company

I was sent this same info by the head enforcement officer of the state of Florida when I asked if I could bring my military antique taged tractor to pickup my 40foot Van trailer from Stark he said as long as I was not using it for a money making business I did not need a cdl in Florida. So even though it was a full size 18 Wheeler it didn't require a cdl.

 

[Csm Davis]

It is no longer a "military vehicle" when it no longer belongs to the military. The intent of that clause is to exempt GI's from having a CDL while driving a military vehicle.
It is a personal vehicle when you own it. No where on my title does it say "military vehicle"
Ya know, there are many folks out there that try to twist the regs in their favor. As stated before, all you need is one DOT guy that dosen't see it your way and you will be spending money trying to convince a judge that you are the one is right.
Get the DOT to send you a letter/email that you can print out to cover your a$$. I would be willing to bet it will be very hard to get them to send you anything other than the regs that are currently in effect.

Emmett one thing to remember is laws are Written by lawyers and revised to include or exclude any such loopholes as what you point out. They would have said any government owned vehicles are exempted if they only wanted to cover the Gi's . A ambulance is still an ambulance if it is privately owned, yes there are a little but of grey areas in some of the statutes but if you ask a judge he will tell you that the interpretation should be in favor of the citizen. Does this always happen, no but mostly this is why it can be so hard to convict some.

 

[Emmett]

Darn,,,dumped my last responce....OK Guys, we did prove that the law can be taken several ways. I don't know about you but I have better things to do with my time and money than spending both defending myself in court. I carry the tag statute in my vehicles as well and saved myself a ticket by presenting the copy.
Feel free to do as you please, it's no skin off my nose.