§383.91 Commercial motor vehicle groups.

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 Gross Combination Weight Rating (GCWR) of less than 26,001 pounds required to obtain a CDL even if the trailer Gross Vehicle Weight Rating (GVWR) is more than 10,000 pounds?

Guidance: No, because the Gross Combination Weight Rating (GCWR) is less than 26,001 pounds. The driver would need a CDL if the vehicle is transporting HM requiring the vehicle to be placarded or if it is designed to transport 16 or more persons.

Question 3: Can a State which expands the vehicle group descriptions in §383.91 enforce those expansions on out-of-State Commercial Motor Vehicle (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 Commercial Motor Vehicle (CMV) group are drivers of articulated motor coaches (buses) required to possess?

Guidance: Drivers of articulated motor coaches are required to possess a Class B CDL.

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 Gross Combination Weight Rating (GCWR) of the tow truck and its towed vehicle is 26,001 pounds or more, and the towed vehicle alone exceeds 10,000 pounds Gross Vehicle Weight Rating (GVWR), then the driver needs a Group A CDL.

—If the Gross Vehicle Weight Rating (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 Gross Vehicle Weight Rating (GVWR), then the driver needs a Group B CDL.

—A driver of a tow truck or towing configuration that does not fit either configuration description above, requires a Group C CDL only if he or she tows a vehicle required to be placarded for hazardous materials on a ‘‘subsequent move,’’ i.e. after the initial movement of the disabled vehicle to the nearest storage or repair facility.