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lwpat, Attorney
Category: Traffic Law
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Experience:  Nationally recognized expert on traffic laws and violations.
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I drive a commercial vehicles that is under 26,001 pounds in

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I drive a commercial vehicles that is under 26,001 pounds in the state of PA. Do I need a CDL with a physical card to do so. I do not drive out of state ever. on the 23rd I was stopped by a cop and told that because I do not have a physical card and the fact that I am blind in my right eye that I could not drive. this will cost me my job. please help asap.
Submitted: 5 years ago.
Category: Traffic Law
Expert:  lwpat replied 5 years ago.
I have checked on line the regs. for the federal motor carrier safety administration and it seems as the cop was right. but do I fall under their guide lines if I do not drive interstate?

Yes you do. Intrastate is now treated the same as interstate, the rules are the same. If your vehicle is over 10,000 lbs and is a commercial vehicle, then you are required to have a medical card. Sorry.

If you operate a vehicle over 10,001 pounds Gross Vehicle Weight Rating (GVWR) or Gross Combination Weight Rating (GWCR) in a commercial business, then you are considered to be a motor carrier. You do not have to haul freight to be considered a motor carrier. If you are in business then you can be considered a private carrier and subject to the FMCSRs.

If you operate a vehicle that is considered a motor carrier, then you must have your company name and US DOT number displayed on both doors.

The vehicle and trailer must have a Federal inspection and both be properly tagged.

The vehicle must have all safety equipment including a fire extinguisher and safety triangles.

The driver must have a medical card. Note that a CDL license is usually not required until the GVWR or GCWR exceeds 26,000 lbs. The driver is subject to the Hours of Service regulations and must keep a logbook if traveling further than 100 air miles. The vehicle must be inspected daily and a record kept in the vehicle.

You must stop at the weigh stations.

As a motor carrier your business must register and obtain a DOT number.
Customer: replied 5 years ago.
Expert:  lwpat replied 5 years ago.
To my knowledge PA does not have such a program but you can go to your local DMV office and ask. I know that other states do but I have not been able to find anything on PA. There is a Federal exemption process but it does not apply to intrastate since that is left to the states.
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