Update :2-27-15 about 12:55 PM .....Mr Anderson from the FMCSA called me back...no need for CDL, No need for Authority, and no need for DOT number for personal use when I transport this machine for personal use....appears all the regs apply for business use / business transportion etc... )he went through regulation 383.5 under the commerce section of rules and regulations
I asked him if the different states had to be contacted regarding their rules on the matter and he said no he is federal and that supercedes state since I would not be classified as commercial then commercial state regulations would not apply to me in my case.....I am saving his name and number just in case!....only thing better would have been for me to tape the conversation but seems like everything is a go....
Hopefully my situation helps others in my same situation....and to a degree it restores my faith in the "system"
Thanks for all you input and help in this matter.
Andrew
Apparently Mr. Anderson must be directly related to Mr. Barney Fife as he has the regs completely wrong also. His answer to you regarding personal vs. commercial should have come Immediately from his lips,not any of this ''I'll get back to you'' stuff.This should be basic info the FMCSA can quote at any time. Nevertheless,383.5 is the definitions part of their authority.NOWHERE does it state ANYTHING regarding exemptions from needing a proper CDL if hauling for personal use.If your transporting combined weight of 26,001 lbs. or greater,that right there is called commerce,DOES NOT MATTER one iota what that weight is,the truck,tractor,trailer,the load of marijuana,oats,dead hookers,a backhoe---WEIGHT IS WEIGHT.Its all right here,happy reading,best to do IMHO while sitting down on the throne so be careful in there when you plug in your computer,here you go:Sorry,don't know how to hilight so go to line 13,starts with ''COMMERCE.''
Part 383
COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES
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Section Guidance
§ 383.5: Definitions.
As used in this part:
Administrator means the Federal Motor Carrier Safety Administrator, the chief executive of the Federal Motor Carrier Safety Administration, an agency within the Department of Transportation.
Alcohol or alcoholic beverage means: (a) Beer as defined in 26 U.S.C. 5052(a), of the Internal Revenue Code of 1954, (b) wine of not less than one-half of one per centum of alcohol by volume, or (c) distilled spirits as defined in section 5002(a)(8), of such Code.
Alcohol concentration (AC) means the concentration of alcohol in a person's blood or breath. When expressed as a percentage it means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
Alien means any person not a citizen or national of the United States.
CDL downgrade means either:
(1) A State allows the driver to change his or her self-certification to interstate, but operating exclusively in transportation or operation excepted from part 391, as provided in § 390.3(f), § 391.2, § 391.68 or § 398.3 of this chapter;
(2) A State allows the driver to change his or her self-certification to intrastate only, if the driver qualifies under that State's physical qualification requirements for intrastate only;
(3) A State allows the driver to change his or her certification to intrastate, but operating exclusively in transportation or operations excepted from all or part of the State driver qualification requirements, or
(4) A State removes the CDL privilege from the driver license.
CDL driver means a person holding a CDL or a person required to hold a CDL.
CDLIS driver record means the electronic record of the individual CDL driver's status and history stored by the State-of-Record as part of the Commercial Driver's License Information System (CDLIS) established under 49 U.S.C. 31309.
Commerce means (a) any trade, traffic or transportation within the jurisdiction of the United States between a place in a State and a place outside of such State, including a place outside of the United States and (b) trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation described in paragraph (a) of this definition.
Commercial driver's license (CDL) means a license issued to an individual by a State or other jurisdiction of domicile, in accordance with the standards contained in this part, which authorizes the individual to operate a class of a commercial motor vehicle.
Commercial driver's license information system (CDLIS) means the CDLIS established by FMCSA pursuant to section 12007 of the Commercial Motor Vehicle Safety Act of 1986.
Commercial learner's permit (CLP) means a permit issued to an individual by a State or other jurisdiction of domicile, in accordance with the standards contained in this part, which, when carried with a valid driver's license issued by the same State or jurisdiction, authorizes the individual to operate a class of a commercial motor vehicle when accompanied by a holder of a valid CDL for purposes of behind-the-wheel training. When issued to a CDL holder, a CLP serves as authorization for accompanied behind-the-wheel training in a CMV for which the holder's current CDL is not valid.
Commercial motor vehicle (CMV) means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle—
(1) Has a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater; or
(2) Has a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 pounds or more), whichever is greater; or
(3) Is designed to transport 16 or more passengers, including the driver; or
(4) Is of any size and is used in the transportation of hazardous materials as defined in this section.
Controlled substance has the meaning such term has under 21 U.S.C. 802(6) and includes all substances listed on schedules I through V of 21 CFR 1308 (§§ 1308.11 through 1308.15), as they may be amended by the United States Department of Justice.
Conviction means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.
Disqualification means any of the following three actions:
(1) The suspension, revocation, or cancellation of a CLP or CDL by the State or jurisdiction of issuance.
(2) Any withdrawal of a person's privileges to drive a CMV by a State or other jurisdiction as the result of a violation of State or local law relating to motor vehicle traffic control (other than parking, vehicle weight or vehicle defect violations).
(3) A determination by the FMCSA that a person is not qualified to operate a commercial motor vehicle under part 391 of this subchapter.
Driver applicant means an individual who applies to a State or other jurisdiction to obtain, transfer, upgrade, or renew a CDL or to obtain or renew a CLP.
Driver's license means a license issued by a State or other jurisdiction, to an individual which authorizes the individual to operate a motor vehicle on the highways.
Driving a commercial motor vehicle while under the influence of alcohol means committing any one or more of the following acts in a CMV—
(a) Driving a CMV while the person's alcohol concentration is 0.04 or more;
(b) Driving under the influence of alcohol, as prescribed by State la
