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Jesse Handel
Jesse Handel, Scientist
Category: General
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Experience:  B.S. Degree Chem. & Bact. 10 yrs tax preparation.
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Can I drive a truck rated over #26000 GVW in MT without a CDL

Resolved Question:

Can I drive a truck rated over #26000 GVW in MT without a CDL if I own the truck and it is used for my personal use? I am not a farmer or rancher. I want to use it to move a trailer house I want to purchase, and also to move an old backhoe I use for personal use only. The trailer house will need an overwidth permit and is over 150 miles away. The truck has a dump bed on it and would be used for hauling dirt, gravel,garbage, supplies, ect. on occasions, but always for my personal use. I see other trucks with the words "NOT FOR HIRE" on them. Is that what is nessessary to operate a larger truck without a CDL? Also does the truck have to have a DOT inspection prior to operating it.
Submitted: 5 years ago.
Category: General
Expert:  Jesse Handel replied 5 years ago.

Hello and thank you for coming to Just Answer and letting us help you with your question. Unfortunately, the Montana traffic laws require a CDL to operate a vehicle with a gross vehicle weight over 26,000 lbs on public roads. It doesn't matter whether you are operating the vehicle commercially or for personal use. Here is a link to a website on the rules for a Montana CDL.

CFR Section 396.12 (Code of Federal Regulations Section covering the Department of Transportation requirements) exempts privately-owned and used vehicles or single vehicle operations from the inspection and record-keeping requirements that apply to commercial vehicles. So, while you will need a CDL to operate your truck, you won't have to comply with other DOT standards. However, if you pass a port of entry while operating your vehicle, you will still have to stop and explain that you are not part of a commercial operation. The website for the DOT rules can be found here if you want to read it for yourself or look for more information. http://www.gpo.gov/fdsys/pkg/CFR-2010-title49-vol5/pdf/CFR-2010-title49-vol5-part396.pdf

I hope this answers your questions. Please let me know if you need further information about this topic.

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