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Old 01-23-2011, 03:09 AM   #1
SlickWillie
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What Driver's License needed in TX....

There was another thread going on Maryland. Not to clutter that thread, I wanted to start one on TX. Just what is required in TX? Below is the statute.


SUBCHAPTER D. CLASSIFICATION OF DRIVER'S LICENSES

Sec. 521.081. CLASS A LICENSE. A Class A driver's license authorizes the holder of the license to operate:

(1) a vehicle with a gross vehicle weight rating of 26,001 pounds or more; or

(2) a combination of vehicles that has a gross combination weight rating of 26,001 pounds or more, if the gross vehicle weight rating of any vehicle or vehicles in tow is more than 10,000 pounds.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.


Sec. 521.082. CLASS B LICENSE. (a) A Class B driver's license authorizes the holder of the license to operate:

(1) a vehicle with a gross vehicle weight rating that is more than 26,000 pounds;

(2) a vehicle with a gross vehicle weight rating of 26,000 pounds or more towing:

(A) a vehicle, other than a farm trailer, with a gross vehicle weight rating that is not more than 10,000 pounds; or

(B) a farm trailer with a gross vehicle weight rating that is not more than 20,000 pounds; and

(3) a bus with a seating capacity of 24 passengers or more.

(b) For the purposes of Subsection (a)(3), seating capacity is computed in accordance with Section 502.162, except that the operator's seat is included in the computation.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.


Sec. 521.083. CLASS C LICENSE. A Class C driver's license authorizes the holder of the license to operate:

(1) a vehicle or combination of vehicles not described by Section 521.081 or 521.082; and

(2) a vehicle with a gross vehicle weight rating of less than 26,001 pounds towing a farm trailer with a gross vehicle weight rating that is not more than 20,000 pounds.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

I looked up the GVWR on the 2011 GM 3500HD trucks (not sure if that is SRW or duals). It is 10400 pounds. So, that leaves 15,599 pounds for the GVWR of the fifth wheel.

From what I see Class A or B does not pertain to the above tow vehicle or combination, so the operator only needs the Class C license. Am I missing something?
 
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Old 01-23-2011, 03:34 AM   #2
CamillaMichael
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I agree...does not appear any special license is required in TX (and probably most other states) for most of us.
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Old 01-23-2011, 05:00 AM   #3
BB_TX
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No special license in TX unless you are over 26,000 GCWR.
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Old 01-23-2011, 06:54 AM   #4
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From Page 6 of the PDF on the Texas Drivers Handbook

http://www.txdps.state.tx.us/DriverL...ments/DL-7.pdf

Quote:
quote:
1. Class A driver license permits a person to drive any vehicle or combination of vehicles with a gross combination weight rating of 26,001 pounds or more, provided the gross vehicle weight rating of the vehicle(s) being towed is in excess of 10,000 pounds; including a vehicle included in Class B or Class C, except a motorcycle or moped.



2. Class B driver license permits a person to drive the following vehicles, except a motorcycle or moped:

a. a single unit vehicle with a gross vehicle weight rating of 26,001 pounds or more, and any such vehicle towing either a vehicle with a gross vehicle weight rating that does not exceed 10,000 pounds, or a farm trailer with a gross vehicle weight rating that does not exceed 20,000 pounds;

b. a bus with a seating capacity of 24 passengers or more, including the driver; and

c. a vehicle included in Class C.



3. Class C driver license permits a person to drive the following vehicles, except a motorcycle or moped:

a. a single unit vehicle, or combination of vehicles, that is not a Class A or B; and

b. a single unit vehicle with a gross vehicle weight rating of less than 26,001 pounds, towing a trailer not to exceed 10,000 pounds gross vehicle weight rating or a farm trailer with a gross vehicle weight rating that does not exceed 20,000 pounds.
http://www.keystone-mountaineer.com/...pecs&year=2006

Quote:
quote:
Model 303RLD
Shipping Weight 9645
Carrying Capacity 4305
Hitch 1950
Length 33' 6
Height 12' 9
Fresh Water 63
Waste Water 38
Gray Water 76
LPG 60
Tire Size 235/80R16E
Will, it is the trailer that is the kicker. Under Section 2 of a Class "C" license you are limited to a trailer of under 10k# Gross. You must move up to a "B" as long as your gross combined stays under 26k#.

With a almost 14k# Gross on your 2006 303RLD you need a "B". If your Gross on the truck is 10400# that gives your a Gross Combined of 24350#.
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Old 01-23-2011, 07:13 AM   #5
RickW
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http://www.statutes.legis.state.tx.u...htm/TN.521.htm

The Handbook and the Transportation Code have different wording as I am now learning. Call Austin and they will quote the handbook. It appears that the law was changed 15 years ago but the Texas Drivers Handbook was not updated. Makes you wonder what else in the handbook is out of date.

Transportation code trumps the Handbook.
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Old 01-23-2011, 07:26 AM   #6
SlickWillie
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Yes, the handbook and statute are different. I forget to point that out in my post. I had actually put that over on the other thread, then deleted it. There was a long thread over on rv.net about this. Most agreed the 26000 GCWR was the threshold. I bet if you go to your local DPS office for a DL, they will quote you the handbook also. Wonder how many folks upgrade their license when they don't need to?

BTW, nice looking rig you've got there. I just wouldn't feel comfortable behind the wheel though. I would love to have a new GM 3500 dually, but the 2500 has less than 20K miles. Wife won't hear of it.
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Old 01-23-2011, 08:26 AM   #7
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Rick,
Congratulations, and thanks. Most people do not read past what they want to see. It is quite apparent from the listing of the weights, exceeding 13000 pounds for a Monty, that as a minimum requirement a Class B license is required. Some people go in and only read Section 522 regarding CDL's and state that when driving an RV the CDL is not required. That is absolutely correct - a CDL - but you still need the proper class license in accordance with Section 521. I went through all these hoops back in 1986-87 when I was driving for a company that had an 1 ton 454, and a trailer that weighed 14,000 pounds. Everyone was trying to say that you did not need a Class A or B. Well, not only did someone driving for them need a minimum of Class B, but they did need a CDL because it was a "company," and the sure were commercial. I have just relegated myself to quoting what you just posted and let them determine for themselves what class they want to have. The only time it is going to be of any question is if there is an accident. Then you darn well better have the proper class license.


Edited: On 3 occasions when changing or upgrading my license I asked DMV Inspectors the question regarding an RV, and each time they called together other inspectors and discussed the situation. In tow of those instances I had to point out to them what you pointed out and only then did the all come to an agreement when a Class B (or A) was required. So, to all, don't believe what the inspector says, only what the law states.
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Old 01-23-2011, 08:43 AM   #8
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Would this apply only to Texas residents? Seems to me that if you are within your licensing states requirements and are just passing through you are OK. Thoughts?
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Old 01-23-2011, 09:11 AM   #9
SlickWillie
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Quote:
quote:Originally posted by Waynem

Rick,
Congratulations, and thanks. Most people do not read past what they want to see. It is quite apparent from the listing of the weights, exceeding 13000 pounds for a Monty, that as a minimum requirement a Class B license is required. Some people go in and only read Section 522 regarding CDL's and state that when driving an RV the CDL is not required. That is absolutely correct - a CDL - but you still need the proper class license in accordance with Section 521. I went through all these hoops back in 1986-87 when I was driving for a company that had an 1 ton 454, and a trailer that weighed 14,000 pounds. Everyone was trying to say that you did not need a Class A or B. Well, not only did someone driving for them need a minimum of Class B, but they did need a CDL because it was a "company," and the sure were commercial. I have just relegated myself to quoting what you just posted and let them determine for themselves what class they want to have. The only time it is going to be of any question is if there is an accident. Then you darn well better have the proper class license.


Edited: On 3 occasions when changing or upgrading my license I asked DMV Inspectors the question regarding an RV, and each time they called together other inspectors and discussed the situation. In tow of those instances I had to point out to them what you pointed out and only then did the all come to an agreement when a Class B (or A) was required. So, to all, don't believe what the inspector says, only what the law states.
Please explain the statement in red. I fail to find where you are getting your info. We are dealing with section 521 of the TX Transportation Code. I presented a scenario in my first post where a class c license is sufficient for 1 ton pulling a fifth wheel over 15000 GVWR. Here ya go: I looked up the GVWR on the 2011 GM 3500HD trucks (not sure if that is SRW or duals). It is 10400 pounds. So, that leaves 15,599 pounds for the GVWR of the fifth wheel.
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Old 01-23-2011, 01:28 PM   #10
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The information in red was from what Rick posted earlier. If you add up the shipping weight and carrying capacity you will exceed 10,000 pounds. That means you have to have at least a Class B since a Class C is not sufficient based on the post above and in the handbook(law).

Jay, If you are a Texas resident then it applies to you while driving in Texas. If you are legal in the state you have your driver's license in, then the reciprocity agreements between states make you legal in other states. That only applies to what you can drive. There are other laws as to width, height, etc., that apply specifically to states and has no reciprocity.
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Old 01-23-2011, 02:18 PM   #11
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Wayne, I thought if you drove a Ford in Texas you were good to go!!!!!!
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Old 01-23-2011, 03:33 PM   #12
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What SlickWillie posted is directly from the state code.
Sec. 521.083. CLASS C LICENSE. A Class C driver's license authorizes the holder of the license to operate:

(1) a vehicle or combination of vehicles not described by Section 521.081 or 521.082; and

(2) a vehicle with a gross vehicle weight rating of less than 26,001 pounds towing a farm trailer with a gross vehicle weight rating that is not more than 20,000 pounds.

Or you can read it here.

The handbook has extra wording that is not in the code. Only a class C license is required to pull our Montys with a pickup in TX. 26,000 lbs is the deciding factor.
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Old 01-23-2011, 05:57 PM   #13
Waynem
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Aw Phil! I drive a Freightliner and my combined weight is about 33,000 pounds. I do have a Class A. The vehicle I tow is only 3500 pounds. So my TV is 29,000 or there abouts. I had it weight once. In my previous life it was a Ford. Is there anything else when you don't have a Freightliner?
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Old 01-24-2011, 12:44 AM   #14
SlickWillie
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Quote:
quote:Originally posted by Waynem

The information in red was from what Rick posted earlier. If you add up the shipping weight and carrying capacity you will exceed 10,000 pounds. That means you have to have at least a Class B since a Class C is not sufficient based on the post above and in the handbook(law).

Jay, If you are a Texas resident then it applies to you while driving in Texas. If you are legal in the state you have your driver's license in, then the reciprocity agreements between states make you legal in other states. That only applies to what you can drive. There are other laws as to width, height, etc., that apply specifically to states and has no reciprocity.
I wouldn't consider the handbook the law. The actual statute does not include the limit of 10,000 pounds for the trailer. As Rick stated, the statute was reworded, but the book remained the same. BTW, I think I might print that off and put it in the door of the truck...just in case.

Rick, I realize your rig doesn't fall in Class C. Going by the statute, where do you fall. I'm thinking Class A. Don't worry, I'm not the weight police; I'm just curious.

BB_TX, do I recall you being in that discussion over on rv.net? My rememberer ain't what it used to be. I searched over there, but couldn't find that thread.
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Old 01-24-2011, 01:57 AM   #15
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What most folks failed to add is the statute in the Texas Drivers Handbook that applies to RV's. If you have an RV (for personal use) you are exempt from the weight laws in Texas: See the following Cut and Paste of the Texas Drivers Handbook. FYI, I contacted the DPS in Austin Texas about this, their view is if the rig is an RV you are exempt, regardless of weight.

Exemptions: Persons operating the following vehicles are exempt from a
Commercial Driver License (CDL):
1. A vehicle that is:
a. controlled and operated by a farmer;
b. used to transport agricultural products, farm machinery, or farm supplies to or from a farm;
c. not used in the operations of a common or contract motor carrier; and
d. used within 150 miles of the person’s farm.
2. A fire-fighting or emergency vehicle necessary to the preservation of life or property or the execution of emergency governmental functions, whether operated by an employee of a political subdivision or by a volunteer fire fighter;
3. A military vehicle or a commercial motor vehicle when operated for military purposes by military personnel, members of the Reserves and National Guard on active duty, including personnel on full-time National Guard duty, personnel on part-time training, and National Guard military technicians;
4. A recreational vehicle that is driven for personal use;
5. A vehicle that is owned, leased, or controlled by an air carrier, as defined, etc.....

That is my FYI and I don't worry about it anymore.
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Old 01-24-2011, 02:13 AM   #16
SlickWillie
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Jim, the way I read that, it pertains to CDL only. There are four classes of DL that are not CDL. Of course, the fourth, Class M, is merely a motorcycle endorsement. You will need that if you haul your Harley on the back of the Monty.
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Old 01-24-2011, 03:32 AM   #17
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Quote:
quote:BB_TX, do I recall you being in that discussion over on rv.net? My rememberer ain't what it used to be. I searched over there, but couldn't find that thread.
Yeah. I seem to remember that one going on for 7-8 pages or so.
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Old 01-24-2011, 10:45 AM   #18
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Quote:
quote:Originally posted by SlickWillie

Yes, the handbook and statute are different. I forget to point that out in my post. I had actually put that over on the other thread, then deleted it. There was a long thread over on rv.net about this. Most agreed the 26000 GCWR was the threshold. I bet if you go to your local DPS office for a DL, they will quote you the handbook also. Wonder how many folks upgrade their license when they don't need to?

BTW, nice looking rig you've got there. I just wouldn't feel comfortable behind the wheel though. I would love to have a new GM 3500 dually, but the 2500 has less than 20K miles. Wife won't hear of it.
Until I read the 521.081~521.083 yesterday I was going by what Austin DPS told me & the Texas DL Handbook. In addition when I went to get my Non-Commercial A they too were repeating the what Austin was saying. They are quoting the handbook and not the Transportation Code.

Will, the truck is actually easier to drive then my Ford. My wife even drives with it with ease. Keep in mind it is the same height and width as the Monty.
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Old 01-24-2011, 10:53 AM   #19
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Quote:
quote:Originally posted by SlickWillie
Rick, I realize your rig doesn't fall in Class C. Going by the statute, where do you fall. I'm thinking Class A. Don't worry, I'm not the weight police; I'm just curious.
I have a Non-Commercial Class A or just simply a "A". I can drive any vehicle of any weight, I just can not drive a Commercial Vehicle (or Motorcycle/Moped).

Weight Police do not worry me since the truck is registered for a Gross of 40k#. My Gross Combined is just under 40k#.
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Old 01-24-2011, 11:01 AM   #20
RickW
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Quote:
quote:Originally posted by JimF

What most folks failed to add is the statute in the Texas Drivers Handbook that applies to RV's. If you have an RV (for personal use) you are exempt from the weight laws in Texas: See the following Cut and Paste of the Texas Drivers Handbook. FYI, I contacted the DPS in Austin Texas about this, their view is if the rig is an RV you are exempt, regardless of weight.

Exemptions: Persons operating the following vehicles are exempt from a
Commercial Driver License (CDL):
1. A vehicle that is:
a. controlled and operated by a farmer;
b. used to transport agricultural products, farm machinery, or farm supplies to or from a farm;
c. not used in the operations of a common or contract motor carrier; and
d. used within 150 miles of the person’s farm.
2. A fire-fighting or emergency vehicle necessary to the preservation of life or property or the execution of emergency governmental functions, whether operated by an employee of a political subdivision or by a volunteer fire fighter;
3. A military vehicle or a commercial motor vehicle when operated for military purposes by military personnel, members of the Reserves and National Guard on active duty, including personnel on full-time National Guard duty, personnel on part-time training, and National Guard military technicians;
4. A recreational vehicle that is driven for personal use;
5. A vehicle that is owned, leased, or controlled by an air carrier, as defined, etc.....

That is my FYI and I don't worry about it anymore.
Jim,

You are quoting the handbook and not the Transportation Code. The same thing I was originally doing. As long as you are under 26k# the Class C is good but once your gross exceeds 26k# you need to upgrade your license. If you ever find yourself standing in front a Judge you will need to be following the Transportation Code and not the Handbook. The handbook is based on the Transportation Code and the TC is the law not the handbook.

Keep in mind Class B, Class B-CDL, Class A, Class A-CDL are each different licenses. Most assume that anything other than a Class C is a commercial license, that is not the case.
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