Hi, all. I'm a fairly new member, who's been mostly lurking while shopping for my first Deuce. Since I'm in California, the licensing laws are of particular concern. While reading posts, I came across this from jpinst:
"I dont want to beat a dead horse, but this lawyer has researched the sh%t out of those alleged laws, and it just does is not the case. Only applies to 3 axeld "commercial vehicle." The test lies in the definition of commercial vehicle, not the description of who needs a CDL. An MV does not fit the test of commercial vehicle, and twisting the definition it to try and make it fit is not how the law is construed. Read the legislative commnts and the case law. Ok I'm Done."
So I've done some searching in the vehicle codes. Here's what I've found:
1. Section 260, "Definitions:"
260. (a) A "commercial vehicle" is a motor vehicle of a type required to be registered under this code used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property.
...
(d) The definition of a commercial vehicle in this section does not apply to Chapter 7 (commencing with Section 15200) of Division 6.
2. Section 15200, "Legislative Intent:"
15200. It is the intent of the Legislature, in enacting this chapter, ... to reduce or prevent commercial motor vehicle accidents....
To the extent that this chapter conflicts with general driver licensing provisions, this chapter shall prevail. Where this chapter is silent, the general driver licensing provisions shall apply.
3. Section 15210, "Definitions:"
(b) (1) "Commercial motor vehicle" means any vehicle or combination of vehicles that requires a class A or class B license, or a class C license with an endorsement issued pursuant to paragraph ( )1 (5) of subdivision (a) of Section 15278
4. California Commercial Driver's Handbook:
To operate commercial vehicles, you must apply for a CDL.
A commercial motor vehicle is a motor vehicle or combination of vehicles designed or used for either the transportation of persons for compensation or property and:
Has a gross vehicle weight rating (GVWR) of 26,001 pounds or more.
Tows any vehicle with a GVWR of 10,001 pounds or more.
Tows more than one vehicle or a trailer bus.
Has three or more axles (excludes three axle vehicles weighing 6,000 pounds or less gross).
Is any vehicle (bus, farm labor vehicle, general public paratransit vehicle, etc.) designed, used, or maintained to carry more than 10 passengers including the driver, for hire or profit, or is used by any nonprofit organization or group.
Okay, what does that all mean? Except for the strict definitions of Class A and B licenses, which I can't find, it means that jpinst's point about the definition of a commercial vehicle looks to be correct.
The deuce was not designed, and will not be maintained or used (by me) in the pursuit of payment, so is therefore not a commercial vehicle.
However, I can't find the exact vehicle code that actually defines the license types. Nor can I find the case law he describes. Depending on the language, these two requirements could trump the commercial vehicle definition.
Do a SEARCH on this. This has been "beat to death" in this Forum.
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I did. There are 12 threads with the words "California license." I found lots of different information:
*If it's not a commercial vehicle, you don't need anything
*You need a class B
*The ins-and-outs of historical plates
*Lots of out-of-California info.
However, when I searched for CA licensing laws, I could only find summaries of the licenses, not the actual statutes that defined them. The only thing these summaries said on the non-commercial Class B part was that it allowed you to drive an RV over 40 feet, which means that the Class B advice either wasn't valid, or the summary wasn't complete.
So, depending on exactly how the law is written for Class A and B licenses, it may or may not depend on the definition of "commercial."
Indeed, he did search. He has also done some great research. Thanks!
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1968 Kaiser/Jeep M35A2 W/W
1968 Johnson Furnace M105A2
Tents, Camo netting, Lotsa other junk.
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The only problem with everyones research is you still need a CDL.
Floyd
Please explain.
What I got out of bajajoaquin's research ( and jpinst's quote) is that the intended use is the determiner. If you intend to use the truck for commercial purposes, you need a CDL. Period. That seems clear to me, but you apparently believe otherwise??
You need a CDL for a deuce in California, no way around it
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1988 M109A3 w/w,VIC1,VRC12,AOM "For God & Country"
1988 M35A2C w/w,VIC1,VRC12,AOM "The Trinity"
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**space reserved for a M923/M925**
1987 M105A2
1985 M105A2 (Expedition Trailer Project)
1967 M105A2 (Storage Unit for now)
1978 PU-650B/G 60kw Gen/M200a1 "The Brick"
It seems that by the letter of the law you need a cdl. I've asked a few LEO's and gotten mixed results as to this question. Some said yes,some said no, as long as you have histoicl plates and arent carrying a load your ok. Theres a fair number of us hrer in so cal and most of us do not have cdl's
California CDL: Another Clarification (long)
