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Attention Todd Moning
04-02-2009, 10:51
Post: #1
Attention Todd Moning
Your article on "Texas drivers license requirements" does not square with Texas Transportation Codechapter 522 which at TRC 522.004 exempts fromCDL requirements "persons operating recreational vehicles for personal use".I realize that you got information from Beth Roberts at DPS whosaid that persons driving motorhomes in Texas need a class B CDL. I think you owe it to the many readers who rely upon you for accuracy the cost of a legal opinion from a qualified Texas attorney (other than me). As I poiinted out in my phone call, her opinion does not constitute binding legal precident which can only come from a decision by a court of competent jurisdiction.
Wallace Craig
95 WLWB 42
Azle, Texas
FMCA 86944
Quote this message in a reply
04-02-2009, 13:02
Post: #2
Attention Todd Moning
Why would you get a CDL if not required to, the penalties for traffic infractions is sooo much greater that for a regular one
jim riordan

--- On Thu, 4/2/09, Wallace Craig wrote:
From: Wallace Craig
Subject: [WanderlodgeForum] Attention Todd Moning
To: membership@...
Cc: "ernie Idontknow" , wanderlodgeforum@yahoogroups.com, "Ralph Fullenwider"
Date: Thursday, April 2, 2009, 6:51 PM


Your article on "Texas drivers license requirements" does not square with Texas Transportation Codechapter 522 which at TRC 522.004 exempts fromCDL requirements "persons operating recreational vehicles for personal use".I realize that you got information from Beth Roberts at DPS whosaid that persons driving motorhomes in Texas need a class B CDL. I think you owe it to the many readers who rely upon you for accuracy the cost of a legal opinion from a qualified Texas attorney (other than me). As I poiinted out in my phone call, her opinion does not constitute binding legal precident which can only come from a decision by a court of competent jurisdiction.
Wallace Craig
95 WLWB 42
Azle, Texas
FMCA 86944
Quote this message in a reply
04-02-2009, 14:45
Post: #3
Attention Todd Moning
Wallace,

Chaper 522 is purely about Commercial licenses. In fact the title of the Chapter
is "Commercial Driver's Licenses," and you used the term CDL in your post.

The FMCA article is very clear:

"drivers whose motorhomes' GVWR exceeds 26,000 pounds should hold an exempt
(noncommercial) Class B or Class A license."

Note the very, very, important "non" in front of commercial.

The section which requires a Class B for over 26K is 521.082. Whether a Class B
is CDL or non-CDL is a separate matter.

You are correct that a CDL is not required.

Your are wrong about not needing a Class B.

On 4/2/2009 at 3:51 PM Wallace Craig wrote:

>Your article on "Texas drivers license requirements" does not square with
>Texas Transportation Code chapter 522  which at TRC 522.004 exempts
>from CDL requirements "persons operating recreational vehicles for
>personal use".  I realize that you got information from Beth Roberts at
>DPS who said that persons driving motorhomes in Texas need a class B CDL. 
>I think you owe it to the many readers who rely upon you for accuracy the
>cost of a legal opinion from a qualified Texas attorney (other than me). 
>As I poiinted out in my phone call, her opinion does not constitute
>binding legal precident which can only come from a decision by a court of
>competent jurisdiction.
> 
>Wallace Craig
>95 WLWB 42
>Azle, Texas
>FMCA 86944
Quote this message in a reply
04-02-2009, 15:12
Post: #4
Attention Todd Moning
Don, the language under TRC 522.004 entitled "persons exempted from Texas CDL requirements specifically list "persons operating recreational vehicles for personal use." You and I do not read this article the same and I will undertake a further searchnext week when I have access to a law library Hopefully I can find a case or an attorney generals opinion; in the meantime I still contend that part 383 entitled Commercial Drivers license and list classA,B,AND

Wallace Craig
95 WLWB 42
Azle, Texas

--- On Thu, 4/2/09, Don Bradner wrote:

From: Don Bradner
Subject: Re: [WanderlodgeForum] Attention Todd Moning
To: WanderlodgeForum@yahoogroups.com
Date: Thursday, April 2, 2009, 9:45 PM


Wallace,

Chaper 522 is purely about Commercial licenses. In fact the title of the Chapter is "Commercial Driver's Licenses," and you used the term CDL in your post.

The FMCA article is very clear:

"drivers whose motorhomes' GVWR exceeds 26,000 pounds should hold an exempt (noncommercial) Class B or Class A license."

Note the very, very, important "non" in front of commercial.

The section which requires a Class B for over 26K is 521.082. Whether a Class B is CDL or non-CDL is a separate matter.

You are correct that a CDL is not required.

Your are wrong about not needing a Class B.

On 4/2/2009 at 3:51 PM Wallace Craig wrote:

>Your article on "Texas drivers license requirements" does not square with
>Texas Transportation Codechapter 522 which at TRC 522.004 exempts
>fromCDL requirements "persons operating recreational vehicles
for
>personal use".I realize that you got information from Beth Roberts at
>DPS whosaid that persons driving motorhomes in Texas need a class B CDL.
>I think you owe it to the many readers who rely upon you for accuracy the
>cost of a legal opinion from a qualified Texas attorney (other than me).
>As I poiinted out in my phone call, her opinion does not constitute
>binding legal precident which can only come from a decision by a court of
>competent jurisdiction.
>
>Wallace Craig
>95 WLWB 42
>Azle, Texas
>FMCA 86944





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Quote this message in a reply
04-02-2009, 15:17
Post: #5
Attention Todd Moning
oopS.,and gives a clear exemption.Seems pretty clear to me; but then I was wrong once.


Wallace Craig
95 WLWB 42
Azle, Texas

--- On Thu, 4/2/09, Wallace Craig wrote:

From: Wallace Craig
Subject: Re: [WanderlodgeForum] Attention Todd Moning
To: WanderlodgeForum@yahoogroups.com
Date: Thursday, April 2, 2009, 10:12 PM


Don, the language under TRC 522.004 entitled "persons exempted from Texas CDL requirements specifically list "persons operating recreational vehicles for personal use." You and I do not read this article the same and I will undertake a further searchnext week when I have access to a law library Hopefully I can find a case or an attorney generals opinion; in the meantime I still contend that part 383 entitled Commercial Drivers license and list classA,B,AND

Wallace Craig
95 WLWB 42
Azle, Texas

--- On Thu, 4/2/09, Don Bradner wrote:

From: Don Bradner
Subject: Re: [WanderlodgeForum] Attention Todd Moning
To: WanderlodgeForum@yahoogroups.com
Date: Thursday, April 2, 2009, 9:45 PM


Wallace,

Chaper 522 is purely about Commercial licenses. In fact the title of the Chapter is "Commercial Driver's Licenses," and you used the term CDL in your post.

The FMCA article is very clear:

"drivers whose motorhomes' GVWR exceeds 26,000 pounds should hold an exempt (noncommercial) Class B or Class A license."

Note the very, very, important "non" in front of commercial.

The section which requires a Class B for over 26K is 521.082. Whether a Class B is CDL or non-CDL is a separate matter.

You are correct that a CDL is not required.

Your are wrong about not needing a Class B.

On 4/2/2009 at 3:51 PM Wallace Craig wrote:

>Your article on "Texas drivers license requirements" does not square with
>Texas Transportation Codechapter 522 which at TRC 522.004 exempts
>fromCDL requirements "persons operating recreational vehicles
for
>personal use".I realize that you got information from Beth Roberts at
>DPS whosaid that persons driving motorhomes in Texas need a class B CDL.
>I think you owe it to the many readers who rely upon you for accuracy the
>cost of a legal opinion from a qualified Texas attorney (other than me).
>As I poiinted out in my phone call, her opinion does not constitute
>binding legal precident which can only come from a decision by a court of
>competent jurisdiction.
>
>Wallace Craig
>95 WLWB 42
>Azle, Texas
>FMCA 86944





------------------------------------

Yahoo! Groups Links

<*> To visit your group on the web, go to:
http://groups.yahoo.com/group/WanderlodgeForum/

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settings:
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Quote this message in a reply
04-02-2009, 16:56
Post: #6
Attention Todd Moning
I thought I was wrong once, but I was mistaken.

You are hung up on A and B being commercial. They don't have to be.

There are CDL A and CDL B, and there are non-CDL A and non-CDL B.

Language in the Texas regulations tend to use the word "exempt" where other
states would just use "non," so it is exempt A and exempt B, both OK for
operating a non-commercial vehicle such as an RV, over 26,000 lbs.

For non-CDL B you use a CDL form and check the exempt box, at which point it
becomes an application for a non-CDL license.

On 4/2/2009 at 8:17 PM Wallace Craig wrote:

>oopS. , and gives a clear exemption.   Seems pretty clear to me; but then
>I was wrong once. 
>
>
>Wallace Craig
>95 WLWB 42
>Azle, Texas
>
>--- On Thu, 4/2/09, Wallace Craig wrote:
>
>
>From: Wallace Craig
>Subject: Re: [WanderlodgeForum] Attention Todd Moning
>To: WanderlodgeForum@yahoogroups.com
>Date: Thursday, April 2, 2009, 10:12 PM
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>Don, the language under TRC 522.004 entitled "persons exempted from Texas
>CDL requirements specifically  list "persons operating recreational
>vehicles for personal use."   You and I do not read this  article the same
>and I will undertake a further search next week when I have access to a
>law library  Hopefully I can find a case or an attorney generals opinion;
>in the meantime I still contend that part 383 entitled Commercial Drivers
>license and list class  A,B,AND
>
>Wallace Craig
>95 WLWB 42
>Azle, Texas
>
>--- On Thu, 4/2/09, Don Bradner wrote:
>
>
>From: Don Bradner
>Subject: Re: [WanderlodgeForum] Attention Todd Moning
>To: WanderlodgeForum@yahoogroups.com
>Date: Thursday, April 2, 2009, 9:45 PM
>
>
>Wallace,
>
>Chaper 522 is purely about Commercial licenses. In fact the title of the
>Chapter is "Commercial Driver's Licenses," and you used the term CDL in
>your post.
>
>The FMCA article is very clear:
>
>"drivers whose motorhomes' GVWR exceeds 26,000 pounds should hold an
>exempt (noncommercial) Class B or Class A license."
>
>Note the very, very, important "non" in front of commercial.
>
>The section which requires a Class B for over 26K is 521.082. Whether a
>Class B is CDL or non-CDL is a separate matter.
>
>You are correct that a CDL is not required.
>
>Your are wrong about not needing a Class B.
>
>On 4/2/2009 at 3:51 PM Wallace Craig wrote:
>
>>Your article on "Texas drivers license requirements" does not square with
>>Texas Transportation Code chapter 522  which at TRC 522.004 exempts
>>from CDL requirements "persons operating recreational vehicles for
>>personal use".  I realize that you got information from Beth Roberts at
>>DPS who said that persons driving motorhomes in Texas need a class B CDL. 
>>I think you owe it to the many readers who rely upon you for accuracy the
>>cost of a legal opinion from a qualified Texas attorney (other than me). 
>>As I poiinted out in my phone call, her opinion does not constitute
>>binding legal precident which can only come from a decision by a court of
>>competent jurisdiction.
>> 
>>Wallace Craig
>>95 WLWB 42
>>Azle, Texas
>>FMCA 86944
>
>
>
>
>
>------------------------------------
>
>Yahoo! Groups Links
Quote this message in a reply
04-03-2009, 00:59
Post: #7
Attention Todd Moning
 Are the penalties different for holders of a CDL? I have had a Class A Texas CDL for 41 years
and did not realize I was paying more for my few speeding tickets!!!
 
 Steve
 Wannabee

 
On 4/2/09, <b class="gmail_sendername">jim riordan[/b] <"jqrjr@yahoo.com"> wrote:
Why would you get a CDL if not required to, the penalties for traffic infractions is sooo much greater that for a regular one
jim riordan

--- 




Quote this message in a reply
04-03-2009, 01:12
Post: #8
Attention Todd Moning
I do not believe the penalties are larger for a CDL holder while driving a non-CDL vehicle,
*except* I believe the BAC limit is universally 0.04 for a CDL holder, no matter what they are driving.

Dorn Hetzel
77FC35

Hogansville, GA

On Fri, Apr 3, 2009 at 8:59 AM, Steve Pfiffner <"madrone1@hughes.net"> wrote:


 Are the penalties different for holders of a CDL? I have had a Class A Texas CDL for 41 years
and did not realize I was paying more for my few speeding tickets!!!
 
 Steve
 Wannabee

 
On 4/2/09, <b class="gmail_sendername">jim riordan[/b] <"jqrjr@yahoo.com"> wrote:
Why would you get a CDL if not required to, the penalties for traffic infractions is sooo much greater that for a regular one
jim riordan

--- 





Quote this message in a reply
04-03-2009, 01:58
Post: #9
Attention Todd Moning
Steve, I am sorry but I don't know--someone has suggested that it is different.


Wallace Craig
95 WLWB 42
Azle, Texas

--- On Fri, 4/3/09, Steve Pfiffner wrote:

From: Steve Pfiffner
Subject: Re: [WanderlodgeForum] Attention Todd Moning
To: WanderlodgeForum@yahoogroups.com
Date: Friday, April 3, 2009, 7:59 AM


Are the penalties different for holders of a CDL? I have had a Class A Texas CDL for 41 years
and did not realize I was paying more for my few speeding tickets!!!
Steve
Wannabee

On 4/2/09, <B class="gmail_sendername">jim riordan[/b] <jqrjr@...> wrote:
Why would you get a CDL if not required to, the penalties for traffic infractions is sooo much greater that for a regular one
jim riordan

---







Quote this message in a reply
04-03-2009, 02:03
Post: #10
Attention Todd Moning
Don, lets admit it; neither of us have the answer until someone finds a court case that answers the question. I hold to my opinion and rely on the exemption as applying to all RV'S; other inerpretatons seem to defy the exemption which is clearly stated. I will certainly post if and when I find a case or AG opinion.İmage


Wallace Craig
95 WLWB 42
Azle, Texas

--- On Thu, 4/2/09, Don Bradner wrote:

From: Don Bradner
Subject: Re: [WanderlodgeForum] Attention Todd Moning
To: WanderlodgeForum@yahoogroups.com
Date: Thursday, April 2, 2009, 11:56 PM


I thought I was wrong once, but I was mistaken.

You are hung up on A and B being commercial. They don't have to be.

There are CDL A and CDL B, and there are non-CDL A and non-CDL B.

Language in the Texas regulations tend to use the word "exempt" where other states would just use "non," so it is exempt A and exempt B, both OK for operating a non-commercial vehicle such as an RV, over 26,000 lbs.

For non-CDL B you use a CDL form and check the exempt box, at which point it becomes an application for a non-CDL license.

On 4/2/2009 at 8:17 PM Wallace Craig wrote:

>oopS.,and gives a clear exemption.Seems pretty clear to me; but then
>I was wrong once.
>
>
>Wallace Craig
>95 WLWB 42
>Azle, Texas
>
>--- On Thu, 4/2/09, Wallace Craig <wallacecraig1@...> wrote:
>
>
>From: Wallace Craig <wallacecraig1@...>
>Subject: Re: [WanderlodgeForum] Attention Todd Moning
>To: WanderlodgeForum@yahoogroups.com
>Date: Thursday, April 2, 2009, 10:12 PM
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>Don, the language under TRC 522.004 entitled "persons exempted from Texas
>CDL requirements specifically list "persons operating recreational
>vehicles for personal use." You and I do not read this article the same
>and I will
undertake a further searchnext week when I have access to a
>law library Hopefully I can find a case or an attorney generals opinion;
>in the meantime I still contend that part 383 entitled Commercial Drivers
>license and list classA,B,AND
>
>Wallace Craig
>95 WLWB 42
>Azle, Texas
>
>--- On Thu, 4/2/09, Don Bradner <bluethunder@...> wrote:
>
>
>From: Don Bradner <bluethunder@...>
>Subject: Re: [WanderlodgeForum] Attention Todd Moning
>To: WanderlodgeForum@yahoogroups.com
>Date: Thursday, April 2, 2009, 9:45 PM
>
>
>Wallace,
>
>Chaper 522 is purely about Commercial licenses. In fact the title of the
>Chapter is "Commercial Driver's Licenses," and you used the term CDL in
>your post.
>
>The FMCA article is very clear:
>
>"drivers whose motorhomes' GVWR exceeds 26,000 pounds should hold an
>exempt (noncommercial) Class B or Class A license."
>
>Note the very, very, important "non" in front of commercial.
>
>The section which requires a Class B for over 26K is 521.082. Whether a
>Class B is CDL or non-CDL is a separate matter.
>
>You are correct that a CDL is not required.
>
>Your are wrong about not needing a Class B.
>
>On 4/2/2009 at 3:51 PM Wallace Craig wrote:
>
>>Your article
on "Texas drivers license requirements" does not square with
>>Texas Transportation Codechapter 522 which at TRC 522.004 exempts
>>fromCDL requirements "persons operating recreational vehicles for
>>personal use".I realize that you got information from Beth Roberts at
>>DPS whosaid that persons driving motorhomes in Texas need a class B CDL.
>>I think you owe it to the many readers who rely upon you for accuracy the
>>cost of a legal opinion from a qualified Texas attorney (other than me).
>>As I poiinted out in my phone call, her opinion does not constitute
>>binding legal precident which can only come from a decision by a court of
>>competent jurisdiction.
>>
>>Wallace Craig
>>95 WLWB 42
>>Azle, Texas
>>FMCA
86944
>
>
>
>
>
>------------------------------------
>
>Yahoo! Groups Links





------------------------------------

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<*> To visit your group on the web, go to:
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