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Question 1: May a State expand a vehicle group to include vehicles that do not meet the Federal definition of the group?
Guidance: Yes, if (a) A person who tests in a vehicle that does not meet the Federal standard for the Group(s) for which the issued CDL would otherwise be valid, is restricted to vehicles not meeting the Federal definition of such Group(s); and (b) The restriction is fully explained on the license.
Question 2: Is a driver of a combination vehicle with a GCWR of less than 26,001 pounds required to obtain a CDL, if the trailer’s GVWR is more than 10,000 pounds?
Guidance: No, because the GCWR is less than 26,001 pounds. However, the driver would need a CDL if the vehicle is transporting HM, as defined in §383.5, or if it is designed to transport 16 or more people, including the driver.
Question 3: Can a State which expands the vehicle group descriptions in §383.91 enforce those expansions on out-of-State CMV drivers by requiring them to have a CDL?
Guidance: No. They must recognize out-of-State licenses that have been validly issued in accordance with the Federal standards and operative licensing compacts.
Question 4: What CMV group is a driver of an articulated motorcoach (bus) with a GVWR of 26,001 pounds or more required to possess?
Guidance: A driver of an articulated bus with a GVWR of 26,001 pounds or more is required to possess a Class B CDL with the proper endorsement(s).
Question 5: Do tow truck operators need CDLs? If so, in what vehicle group(s)?
Guidance: For CDL purposes, the tow truck and its towed vehicle are treated the same as any other powered unit towing a non-powered unit.
- If the GCWR of the tow truck is 26,001 pounds or more and the towed vehicle alone exceeds 10,000 pounds GVWR, then the driver needs a Class A CDL.
- If the GVWR of the tow truck alone is 26,001 pounds or more, and the driver either (a) drives the tow truck without a vehicle in tow, or (b) drives the tow truck with a towed vehicle of 10,000 pounds or less GVWR, then the driver needs a Class B CDL.
- A driver of a tow truck or towing configuration that does not fit either configuration description above requires a Class C CDL only if he or she tows a vehicle required to be placarded for HM on a “subsequent move,” i.e., after the initial movement of the disabled vehicle to the nearest storage or repair facility.
Question 6: May a truck tractor (as defined in 49 CFR 390.5) be driven on public roads by a driver with a Class B CDL?
Guidance: Yes, but only if the truck tractor is not pulling a towed unit (trailer) that is in excess of 10,000 pounds.