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Attention Todd Moning
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
>
>
>
>
>
>------------------------------------
>
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Messages In This Thread
Attention Todd Moning - Wallace Craig - 04-02-2009, 10:51
Attention Todd Moning - jim riordan - 04-02-2009, 13:02
Attention Todd Moning - Don Bradner - 04-02-2009, 14:45
Attention Todd Moning - Wallace Craig - 04-02-2009, 15:12
Attention Todd Moning - Wallace Craig - 04-02-2009, 15:17
Attention Todd Moning - Don Bradner - 04-02-2009, 16:56
Attention Todd Moning - Steve Pfiffner - 04-03-2009, 00:59
Attention Todd Moning - Dorn Hetzel - 04-03-2009, 01:12
Attention Todd Moning - Wallace Craig - 04-03-2009, 01:58
Attention Todd Moning - Wallace Craig - 04-03-2009 02:03



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