Page 24 • NOVEMBER 2011 • HORSEMAN’S NEWS Are You Hauling Illegally?
By Pam Moore Let’s look at three laws
that continue to confuse and frustrate drivers and Highway Patrol officers alike. What defines a commercial vehicle and a pickup, what you can drive and tow with each license and the Motor Carrier of Property Permit. There are some exceptions to the laws and it is always best to call your local Highway Patrol and ask for an officer that is educat- ed in the commercial division (Commercial Officer) that can tell you everything you need for your particular situation.
What Defines a Commercial Vehicle? • A commercial motor vehicle is a motor vehicle or combination of vehicles designed or used for either the transporta- tion of persons for compensation or prop- erty AND : • Has a gross vehicle weight rating (GVWR) of 26,001 pounds or more. • Tows any vehicle with a GVWR or 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).
It is very possible your pickup truck
will need to be identified (plated) as a com- mercial vehicle if you are carrying proper- ty in it and tows a vehicle with a GVWR of 10,001 lbs. or more. This seems to be one of the lesser laws enforced, perhaps by lack of information, but can be a serious citation if stopped.
What defines a Pickup? A “pickup truck” is a motor vehicle
with a manufacturer’s gross vehicle weight rating (GVWR) of less than 11,500 lbs., an unladen weight of less than 8,001 lbs., and which is equipped with an open box-type bed not exceeding 9 feet in length (regular pickup bed). “Pickup truck” does not include a
motor vehicle otherwise meeting the above definition that is equipped with a bed- mounted storage compartment unit com- monly called a “utility body.” What does that mean? If you in any way alter the bed, you are subject to the scales. Do you have a flat bed with a 5th wheel hitch, a horse trailer attached? You are legally subject to the scales.
• a 3-axle vehicle weighing over 6,000 lbs. • a bus (except a trailer bus) • any farm labor vehicle • all vehicles under Class C
Towing with a Commercial Class B
What can you drive? What can you tow? Do you remember when you were in
school and your teacher gave you that ditto sheet of words on the left side of the paper and you had to draw a line to the definition on the right? Ok, so maybe it was a picture of dinosaurs on the left and what they ate on the right. Either way, the ditto sheet became a dizzying criss crossing of lines that could make you fall off your seat. This is the same feeling you may experience when reading the “criss cross” details of licenses when relating what you can drive and what you can tow.
Basic Class C License – You can drive: • a 2-axle vehicle with a GVWR or 26,000 lbs. or less • a 3-axle vehicle weighing 6,000 lbs. or less any house car 40’ or less.
Basic Class C License – You can tow: • a single vehicle with a GVWR of 10,000 lbs. or less including a tow dolly, if used.
There is an exception when it comes
to 5th wheel travel trailers. You can tow a 5th wheel travel trailer exceeding 10,000 lbs. but not exceeding 15,000 lbs. GVWR, when it’s not for compensation. If it is, get a commercial driver’s license. What does this mean to you out there
that have that one ton pickup with a three horse trailer on back, loaded with all your saddles and horses? As long as your truck’s GVWR is under 26,000 lbs and your trail- er’s GVWR is 10,000 lbs or less, you are ok with a Class C license. For those that have the mid size SUV
towing the trailer behind: if your vehicle is under 4,000 lbs. unlanden you cannot tow any weight over 6,000 lbs. total. Also, with a Class C license, no vehicle can tow more than one vehicle, regardless of weight.
Commercial Class B License – You can drive: • a single vehicle with a GVWR of more than 26,000 lbs.
license is the same as a Class C; a single vehicle with a GVWR of 10,000 lbs. or less. What does this mean? This license would suit the rigs and larger pickups and trucks, but you are limited in your towing allowance. With a Non-Commercial Class B License, the only difference to a Class C license regarding what you can drive is a 5 foot length allowance on housecars.
Commercial Class A License – You can drive: • any legal combination of vehicles, includ- ing vehicles under Class B and Class C.
Commercial Class A License – You can tow: • any single vehicle with a GVWR of more than 10,000 lbs. • any trailer bus or more than one vehicle, with endorsement. • Any vehicles under Class B and C.
The question that makes the real dif-
ference: is your trailer rated at 10,001 lbs. or more? If so, you are on yourway to driv- ing school all over again for that Class A license. This may also require a health cer- tificate. Any commercial license might require a health certificate for that matter. As long as your truck has it’s original bed as explained above (what defines a pick- up), then you are not required to go through the scales and a Highway Patrol would need to pull you over for another citation. Most importantly, check your GVW ratings on your vehicles. This will save you a pickup full of money in fines, time wasted pleading with the officer and possible marks on your license.
Motor Carrier of Property (MCP) Permit For-Hire Motor Carrier of Property is
one who transports property for compensa- tion using any motor truck or motor vehi- cle. If you are hauling horses to a show for a client or friend and receiving some form of compensation for it, you fall under this category.
Private Motor Carrier of Property is one who transports one’s own goods (and does not transport any goods for compensation) using:
•A motor vehicle of two or more axles that is more than 10,000 lbs. gross vehicle weigh rating (GVWR) Motor trucks of three or more axles that are more than 10,000 lbs. GVWR • Truck tractors • Any combination of a motor truck and any vehicle or vehicles used in combina- tion with trailers, semi-trailers, pole and pipe dollies, auxillary dollies or logging dollies that exceed 40 feet when coupled together.
Who does not need an MCP? Pickup trucks, if towing in combina-
tions that exceed 40 feet in length if the towing vehicle is 10,000 lbs. or less. Motor trucks or 2-axle truck tractors with a GVWR of less than 26,001 lbs. when used solely to tow a camp trailer, trailer coach, and fifth wheel travel trailer or utility trail- er (this means horse trailers as well). A large percentage of horse folks haul
other client’s or friend’s horses to shows, sales etc., and get paid (gas money or trav- el fees) to do it. As far as the law is con- cerned, you need this permit. In the words of CHP Officer Flores, “The permit is rela- tively cheap to get, but very expensive to be without.” The fine for not having it when you should is upwards of $1,500. A $120 permit is a lot easier to choke down.
In order to get an MCP, you must have a commercial insurance policy. • Determine what license you will need to be carrying and apply for it. • Determine if you are in need of an MCP. If so, you must first obtain a CA# from the Highway Patrol who issues them.You can- not apply for the MCP with the DMV until you have this number. • Get the proper insurance to cover you. As stated above, you must obtain a commer- cial insurance policy on the vehicle in question in order to receive the MCP. You can apply for the MCP and insurance at the same time.
This article will more than likely raise
more questions than answers, which is why your local Highway Patrol Station is wait- ing to inform you of the bits and pieces and “what about’s”. Honestly, in talking with them, they are ready to bend over back- wards to inform you before you are cited and possibly left stranded on the roadside because you do not carry the correct license to drive the vehicle you own, and the officer refuses to allow you to go away with a warning.
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