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Nevada - 5 ton's license plates pulled by DMV

silverstate55

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Hey everyone sorry to bring up an older post but can't find a definite answer. I'm looking at an m813a1 and thought I was good to go but someone just told me I can't drive it with my class C ?!?!? It looks like registering it won't be a problem but now is my class c a problem? Should I walk away and find a deuce?
I can give you a definite answer.

What does the data plate for your M813A1 state as the GVWR?

If over 26K, please refer to Tom's post above.
 

TechnoWeenie

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I would read the actual LAW and prepare for a fight.

Here in WA, the DOL (The state version of DMV/MVA) is STILL giving bad information ref: GVWR and CDL requirements. A CDL is for COMMERCIAL purposes. My 5 ton is NOT a commercial vehicle because it does NOT meet the definition of a commercial vehicle, yet on DOL's website it says I need a CDL because of the weight, completely ignoring the fact that by definition it is NOT a commercial vehicle, regardless of weight.. WA also requires an air brake endorsement for commercial vehicles if they're so equipped, but, guess what, not a commercial vehicle, can't get an endorsement on a 'normal' vehicle, which makes you exempt from the endorsement requirement...

So, long story short, they usually go with what they're TOLD is the law, not the ACTUAL law....

NRS 484A.055  “Commercial vehicle” defined.  “Commercial vehicle” means every vehicle designed, maintained or used primarily for the transportation of property in furtherance of commercial enterprise. (Added to NRS by 1969, 1477; A 1973, 448) — (Substituted in revision for NRS 484.037)

NRS 483.904  Definitions.  As used in NRS 483.900 to 483.940, inclusive, unless the context otherwise requires: 1.  “Commercial driver’s license” means a license issued to a person which authorizes the person to drive a class or type of commercial motor vehicle.

That should be a good starting point....

 
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162tcat

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Washington
The key item in the quote below is "class or type". A motor home isn't a "class" of vehicle that is traditionally designed or used as a commercial vehicle. An ex military cargo, tractor or dump truck could be used as a commercial vehicle (size, capacity and design are very similar to commercial vehicles) and therefore could be grouped with the commercial vehicle "class" and subject to the same requirements to operate. Between that and the air brakes, the safe bet is to maintain the proper training and license to drive a commercial "class" of vehicle on the road. Why put yourself at risk of a lawsuit if something goes wrong?


1.  “Commercial driver’s license” means a license issued to a person which authorizes the person to drive a class or type of commercial vehicle"



Sent from my SAMSUNG-SGH-I537 using Tapatalk
 

Nomadic

Active member
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Nevada
I would read the actual LAW and prepare for a fight.

Here in WA, the DOL (The state version of DMV/MVA) is STILL giving bad information ref: GVWR and CDL requirements. A CDL is for COMMERCIAL purposes. My 5 ton is NOT a commercial vehicle because it does NOT meet the definition of a commercial vehicle, yet on DOL's website it says I need a CDL because of the weight, completely ignoring the fact that by definition it is NOT a commercial vehicle, regardless of weight.. WA also requires an air brake endorsement for commercial vehicles if they're so equipped, but, guess what, not a commercial vehicle, can't get an endorsement on a 'normal' vehicle, which makes you exempt from the endorsement requirement...

So, long story short, they usually go with what they're TOLD is the law, not the ACTUAL law....

NRS 484A.055  “Commercial vehicle” defined.  “Commercial vehicle” means every vehicle designed, maintained or used primarily for the transportation of property in furtherance of commercial enterprise. (Added to NRS by 1969, 1477; A 1973, 448) — (Substituted in revision for NRS 484.037)

NRS 483.904  Definitions.  As used in NRS 483.900 to 483.940, inclusive, unless the context otherwise requires: 1.  “Commercial driver’s license” means a license issued to a person which authorizes the person to drive a class or type of commercial motor vehicle.

That should be a good starting point....

Its common for the WA gov to do whatever they feel like. Take voting for example. Voters down voted the Seahawk stadium funding. The WA gov responded with an Regional Transit Authority (RTA) tax that everyone in King county pays for when they renew their tabs. That money goes towards the new Seahawk stadium. In my case it was ~$110 each year or don't register my car. I wouldn't even challenge them using this federal law, its a lost cause. They don't give a f.
 

jeffhuey1n

SMSgt, USAF (Ret.)
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Most of my Wyoming trucks are tagged with Pioneer Tags. Vehicles with these tags must be 25+ years old and used only for shows, parades, etc. my 5 ton has Wyoming "Truck" tags which pretty much covers everything that resembles a truck. Does Nevada have a Pioneer style tag?
 

TechnoWeenie

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Its common for the WA gov to do whatever they feel like. Take voting for example. Voters down voted the Seahawk stadium funding. The WA gov responded with an Regional Transit Authority (RTA) tax that everyone in King county pays for when they renew their tabs. That money goes towards the new Seahawk stadium. In my case it was ~$110 each year or don't register my car. I wouldn't even challenge them using this federal law, its a lost cause. They don't give a f.
I was quoting Nevada statutes....to help his Nevada issue....and saying that, similarly, their DOL/DMV/MVA might not know what they're doing, only doing it because they THINK they should be doing it...

As far as WA goes, WSP and CVE already told DOL to shove it where the sun don't shine. :D I do carry copies of the law in my rig in case I'm stopped though....
 

TechnoWeenie

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I should be able to find a deuce for less and not have to deal with the mess.


Deuces are more expensive now. They're rarer, and 5 tons are being sold at a ridiculous rate... A lot of them less than 5K$... ****, I bought my M934 for ~$4600 with taxes/fees and that had 12k miles on it, but ~150 miles on a full rebuild @ Red River...
 

TechnoWeenie

Well-known member
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Nova Laboratories, WA
The key item in the quote below is "class or type". A motor home isn't a "class" of vehicle that is traditionally designed or used as a commercial vehicle. An ex military cargo, tractor or dump truck could be used as a commercial vehicle (size, capacity and design are very similar to commercial vehicles) and therefore could be grouped with the commercial vehicle "class" and subject to the same requirements to operate. Between that and the air brakes, the safe bet is to maintain the proper training and license to drive a commercial "class" of vehicle on the road. Why put yourself at risk of a lawsuit if something goes wrong?


1.  “Commercial driver’s license” means a license issued to a person which authorizes the person to drive a class or type of commercial vehicle"



Sent from my SAMSUNG-SGH-I537 using Tapatalk
You have to look at the definition of a commercial vehicle though, it can't be a commercial vehicle unless it's being used in commerce (or carrying more than 16 passengers, usually).....

So, it's NOT a commercial vehicle as it does not meet the statutory definition of a commercial vehicle, therefore you don't need a COMMERCIAL drivers license for a vehicle that isn't commercial...

I don't know if this is 100% true in Nevada, I'm not an attorney... There may be other sections of the law impacting that... I just wanted to give him a starting point...
 

Nomadic

Active member
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Nevada
I was quoting Nevada statutes....to help his Nevada issue....and saying that, similarly, their DOL/DMV/MVA might not know what they're doing, only doing it because they THINK they should be doing it...
I'm confused. I read the context of your post to be WA. "Here in WA, the DOL...<snip>".
 

silverstate55

Unemployable
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Location
UT
I would read the actual LAW and prepare for a fight.

Here in WA, the DOL (The state version of DMV/MVA) is STILL giving bad information ref: GVWR and CDL requirements. A CDL is for COMMERCIAL purposes. My 5 ton is NOT a commercial vehicle because it does NOT meet the definition of a commercial vehicle, yet on DOL's website it says I need a CDL because of the weight, completely ignoring the fact that by definition it is NOT a commercial vehicle, regardless of weight.. WA also requires an air brake endorsement for commercial vehicles if they're so equipped, but, guess what, not a commercial vehicle, can't get an endorsement on a 'normal' vehicle, which makes you exempt from the endorsement requirement...

So, long story short, they usually go with what they're TOLD is the law, not the ACTUAL law....

NRS 484A.055  “Commercial vehicle” defined.  “Commercial vehicle” means every vehicle designed, maintained or used primarily for the transportation of property in furtherance of commercial enterprise. (Added to NRS by 1969, 1477; A 1973, 448) — (Substituted in revision for NRS 484.037)

NRS 483.904  Definitions.  As used in NRS 483.900 to 483.940, inclusive, unless the context otherwise requires: 1.  “Commercial driver’s license” means a license issued to a person which authorizes the person to drive a class or type of commercial motor vehicle.hat should be a good starting point....

Nevada law is quite well-defined and quite specific. Several posters have already outlined this earlier in this thread. Nevada makes definite distinctions between commercial & non-commercial driver's licenses; again, this is pointed out clearly earlier in this same thread on Page 1.

If the prospect of taking a written test as well as a pre-trip and drive test doesn't sit well with someone, then by all means don't purchase a vehicle that will require an upgrade of your driver's license.

Nevada law is quite clear and easy to research; the driver's license manual link is even posted on Page 1. It doesn't get much easier than that, other than clicking on the link and taking the time to actually read it (as a couple of us here have done).

As for RVs, Nevada law makes provisions for the definition of what constitutes an RV as well. It's well defined and easy to accomplish.

On a side note, since we haven't heard back from the OP on the reasoning for the suspension of the 5-ton registrations/titles/whatever (and I bet we won't ever hear either, although I have my suspicions), this thread shouldn't have even hit 2 pages. But it parallels what I've experienced in first-hand encounters with new first-time 5-ton owners as well: they think it's a big pickup truck, and don't bother getting their driver's licenses upgraded. Then the conversation degrades into how to make their trucks keep up with or even pass freeway traffic....at which point I'm out. Some have even called after getting into trouble with their new toys, but at that point I tell them that they're on their own...they made their bed, they need to lie in it, so to speak. I won't even take those calls anymore. I don't appreciate those that give the rest of us a bad rep.

I go out of my way to do the right thing; I like to share my experiences with others who are undergoing the self-taught route, or even going to a driving school so that they can enjoy their new vehicles the safe & proper way. I've worked long and hard to develop helpful relationships with DMV employees in Southern Nevada to help others through the same process, and to go to for clarification. I've even been through several Port-Of-Entries in different states and come out shining; I like to pass along what I've learned to help others.

But in my unimportant opinion, this thread has long outlived its original intent (like so many others), and has devolved into unnecessary repetition. I'll wager that we'll never hear the real reason why those original 5-tons had their registrations cancelled.
 

Sublime8396

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I really appreciate everyone's help I wanted to make sure I knew 100% what I was getting into with the 5 ton . I didn't want to be that guy that gives everyone A bad name.
 

TechnoWeenie

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I'll wager that we'll never hear the real reason why those original 5-tons had their registrations cancelled.
I'm going to guess it's the same reason why a member here had DOL call him and ask him why his deuce didn't have a DOT#, refuse to issue a plate, then demand he pay tonnage and get it inspected after he get a DOT#...... when he was supposed to have a collectors vehicle plate...... They don't know what they're doing..

If the prospect of taking a written test as well as a pre-trip and drive test doesn't sit well with someone, then by all means don't purchase a vehicle that will require an upgrade of your driver's license.


Based on what I see, it says that the vehicle isn't commercial unless using it for commercial purposes. This is the same crap I was talking about dealing with in WA.. DOL says one thing, but state law says another. DOL doesn't override state law. I do a pretrip before I go out, and when I get back... I don't need a checkmark in a box on a computer screen to say I can do that.. :p

Sounds like you're saying that anyone who is driving a 5 ton without a CDL is a bad person, if I'm reading in between the lines properly... You DO realize that these rigs were designed to be driven by 18 y/o kids with minimal to no instruction, right? Not that I'm saying you shouldn't know them, and understand them.. But it doesn't take a lot to understand the braking system, keep safe stopping distances, look farther ahead to avoid situations, etc... Couple things are a safety issue, like knowing what to do with a steer tire failure, but for the most part, they pretty much ARE 'big pickup trucks'....very.. heavy.. trucks.. with different characteristics....

But hey, not the first time I've been called a deplorable..Hahaha...

Signed, the guy who drives his 5 ton without a CDL, LEGALLY, per state and federal law...
 
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