Drivers License Wake Up Call

[Alek&Lucia]

Well, in ILLINOIS you have:
up to 26001 LBS
above 26001 LBS
and CDL (comercial)
What is the problem, our Prevosts are above 26001 LBS and we need this kind of driver license. You don't want attorneys or insurance companys to explain to us again in case of an accident when they do not pay the claim, because you were driving with out a proper license. Case closed !

[Jon Wehrenberg]

As Bruce points out there are states, TN being one of them, that has no requirement for a license other than the one required to drive a car.

That means you can legally own and drive a Prevost anywhere in this country. But the minute you end up rear ending the a$$hole that changed lanes in front of you and then spiked his brakes you can also count on his lawyer making a big deal of the fact you don't have a license to prove you actually know how to drive that big rig. With all respect to Darl, I used the same concerns relative to braking the toad. I was less concerned about the 20 foot shorter stopping distance than I was about the lawyer describing me as irresponsible to the jury.

Either make sure you have a very big umbrella policy or spend a buck or two and get the license you really do not need.

[0533]

As Bruce points out there are states, TN being one of them, that has no requirement for a license other than the one required to drive a car.

That means you can legally own and drive a Prevost anywhere in this country. But the minute you end up rear ending the a$$hole that changed lanes in front of you and then spiked his brakes you can also count on his lawyer making a big deal of the fact you don't have a license to prove you actually know how to drive that big rig. With all respect to Darl, I used the same concerns relative to braking the toad. I was less concerned about the 20 foot shorter stopping distance than I was about the lawyer describing me as irresponsible to the jury.

Either make sure you have a very big umbrella policy or spend a buck or two and get the license you really do not need.

I agree with you Jon, we need to be very careful, and we should all have the CDL in a perfect world, but until the timing is right, the best plan is to learn what the limits are for both the coach and the driver.

In regards to the Florida drivers license, and this holds true from what I am reading in FMCA's Jan issue many states allow a regular license holder to operate a over 26000 LBS, Air brake rigs, and each of these states law enforcement recognize the license. The differences appear to be more toward the overall length, posted speed limits and height. They vary considerably from state to state.

Now liability is another animal all together, and in my opinion it should be separated from all else, like Jon said, when you are sitting in court, its too late to protect yourself and your assets.

Like many of you all, and for this very reason, my coach is in a Montana LLC, its a corporation, I am a member and everything is with an attorney in the Truck capital of the free world. many people use Montana LLC's to avoid the tax man, but the real benefit in my opinion is liability.

[Jon Wehrenberg]

Bruce...ask any pilot on this forum if he is able to afford enough insurance to make him feel comfortable giving plane rides to non family members.

The reality is that you can register anything you want in a corporation like my plane is, but as driver or pilot you will be on the lawsuit right alongside the LLC or corporation. There is no legal way to avoid being a part of the lawsuit with 100% of your personal assets up for grabs unless you hire a professional driver, and even then you may have responsibility because you should have foreseen he would have an accident.

We may know our stopping distances, our G forces in lateral acceleration, and our capability in evasive maneuvers, but that does not prevent some jerk from pulling in too close after passing, and then locking his brakes up when he thinks he sees a deer. By the time you mentally calculate you don't have enough stopping distance your headlights are in his glove box and he is on the phone to Johnnie Cochran's law firm.

We are targets. The entire world views us as rich people who got that way because we stole from the little people. It is not bad enough that service techs pad the bill because we can afford it, but anybody involved in a fender bender with us sees us as the path to a life of ease and riches.

Driving defensively is a must, but so is dotting the "I's" and crossing the "Tees" in every other single area we can. They really are out to get us.

[jello_jeep]

If you really need a class A license, then you by all means should have it. If you are getting one just for "yuks" so you are convered for more classes than you really drive, you should bear in mind that in some states, like here in CA, as a commercial driver the point structure for violatioins is different, and sentencing / fine guidelines are different too.

You could find yourself with a suspended license over having too many points for something that would not have been a big deal with a non commercial license.

I believe that the BAC limit for being DUI is lower if you have a commercial license as well, even if you are not operating a commercial vehicle wihen you get caught.

Not that anyone should be DUI anyway, but things happen, and it is a factor.

This came to light when one of our employees that has a commercial got some minor ticket, went to court and the judge was fixin to let him off with a warning unitl the "helpful" clerk pointed out there was a mandatory action on the part of the judge due to him holding a Class A, even though he was not driving a commercial vehicle at the time.

All food for thought.

[0533]

If you really need a class A license, then you by all means should have it. If you are getting one just for "yuks" so you are convered for more classes than you really drive, you should bear in mind that in some states, like here in CA, as a commercial driver the point structure for violatioins is different, and sentencing / fine guidelines are different too.

You could find yourself with a suspended license over having too many points for something that would not have been a big deal with a non commercial license.

I believe that the BAC limit for being DUI is lower if you have a commercial license as well, even if you are not operating a commercial vehicle wihen you get caught.

Not that anyone should be DUI anyway, but things happen, and it is a factor.

This came to light when one of our employees that has a commercial got some minor ticket, went to court and the judge was fixin to let him off with a warning unitl the "helpful" clerk pointed out there was a mandatory action on the part of the judge due to him holding a Class A, even though he was not driving a commercial vehicle at the time.

All food for thought.

Good example of what can happen. I did notice that there were different rules, urine tests, and other mandatory regulations. I am happy for now knowing that I am at least legal. I did however figure that in a few states ( FMCA Article, Motorhome Regulations) could trip us up on the following: Combined length: Nj. 53',NC., 60' CT., 60' Il., 60', IN., 60', MD. 60', MA., 62'. Max Speed: IL., 55mph, IN., 55mph, OH., 55mph. I don't think that any of our combined units are 60', possibly a Mini Cooper, not much else.

[0533]

Bruce...ask any pilot on this forum if he is able to afford enough insurance to make him feel comfortable giving plane rides to non family members.

The reality is that you can register anything you want in a corporation like my plane is, but as driver or pilot you will be on the lawsuit right alongside the LLC or corporation. There is no legal way to avoid being a part of the lawsuit with 100% of your personal assets up for grabs unless you hire a professional driver, and even then you may have responsibility because you should have foreseen he would have an accident.

We may know our stopping distances, our G forces in lateral acceleration, and our capability in evasive maneuvers, but that does not prevent some jerk from pulling in too close after passing, and then locking his brakes up when he thinks he sees a deer. By the time you mentally calculate you don't have enough stopping distance your headlights are in his glove box and he is on the phone to Johnnie Cochran's law firm.

We are targets. The entire world views us as rich people who got that way because we stole from the little people. It is not bad enough that service techs pad the bill because we can afford it, but anybody involved in a fender bender with us sees us as the path to a life of ease and riches.

Driving defensively is a must, but so is dotting the "I's" and crossing the "Tees" in every other single area we can. They really are out to get us.

When I met Mango Mike at his restaurant the other evening, that is exactly how he characterized you when I asked who you were.

I do agree, but can't stay home, and life is too short to think about getting sued, anyway Johnny Cochran will not be available this time to help out OJ.

Bruce PS> Next step after the LLC is to place all of it in a trust, or give it all away. We need a good member lawyer to guide us beyond this point.

[BrianE]

As usual Jon is able to boil the problem down to basics. We all agree that reasonable caution along with preventive stuff is indeed the best defense against accidents. With that in mind and knowing anyone who has walked the walk to be able to own our marvelous toys, going through the process of obtaining a CDL license is weak tea. The truckers we have in our midst are very special guys indeed, they are very atypical of folks in a trade that doesn't require a degree. It doesn't take much effort to provide yourself with this additional bit of insurance. The written exam can be studied for and passed with a little reading. The driving test for an "A" can be done with the rental of a +26,000lb auto-shifting truck pulling an equipment trailer. Took me a half day and $400.

Additional benefit. When the trooper asks for your license, he thinks twice before writing the ticket. He assumes you're a pro and that the license provides your income. (This may not be the case in Ohio ). Edit: Jello. It was the CHP that gave me a free pass. Maybe the point system worked for me?

[jello_jeep]

Could be Brian. After meeting you I would suspecet a much more likely scenario would be that you were the first person that day who had treated him like a human being, didn't hand him a bowl of crap, and spoke the chosen language...

Most of them spend their days writing tickets to commercial drivers. Just smiling and not being a jerk goes a long ways.

Just my .02 !

[Tully]

I live in Illinois and contacted my attorney on this matter. He states the Illinois says "Non-commericial Use"- recreational vehicle with no limit in weight- normal license is accepted.

I asked if he were sure. He said the Non-CDL study book for the State Of Illinois starts out it's first paragraph to address this issue.

If being used non-commericial- no issues. He is going to mail me this code book with it high-lighted in yellow to keep in my coach. Also, will be mailing me a invoice for his 15 minutes of service.

Tully