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Can a dump with air brakes, be driven legally under CDL

Discussion in 'Heavy Equipment' started by MatthewG, Sep 13, 2012.

  1. MatthewG

    MatthewG PlowSite.com Addict
    Messages: 1,390

    Looking at a dump truck, 33K GVWR I think, with air brakes. I know you can lower GVWR, but can you do it with air brakes to be under 26,000 LBS?

    Thanks
     
  2. Mark13

    Mark13 PlowSite Fanatic
    Messages: 5,737

    Are you looking to stay under CDL so you have the ability for more guys to drive it (employees) or something to drive yourself and you don't have a CDL?
     
  3. MatthewG

    MatthewG PlowSite.com Addict
    Messages: 1,390

    Both, I don't have a cdl, and neither does the driver who will be running the truck
     
  4. Mr.Markus

    Mr.Markus PlowSite Fanatic
    Messages: 5,181

    Do you /he have an airbrake endorsement?
     
  5. MatthewG

    MatthewG PlowSite.com Addict
    Messages: 1,390

    We do not, only have a medical card, he has a class C if that means anything

    I know little about this stuff
     
  6. Mark13

    Mark13 PlowSite Fanatic
    Messages: 5,737

    It might be easier to just go get a CDL, the test really isn't that hard as long as you've practiced some and know what the book wants.
     
  7. tuney443

    tuney443 PlowSite.com Addict
    Messages: 1,847

    You can't just lower a manufacturer's rating.It is etched on your door placard and in DMV's data base for the world to see,which means DOT. However you can raise the weight on your reggy down at DMV,they will gladly take more money from you. How that pans out if you're over that placarded weight is up to MR. DOT officer that day,another officer,different day might be a different result.If you like the truck,just get your CDL and be done with it,including passing the written test on air brakes so you don't have a restriction.
     
  8. dfd9

    dfd9 PlowSite.com Addict
    Messages: 1,475

    There is no such thing as an air brake endorsement here in the states. Or an air break.

    Actually, you can lower a mfg's rating, you just have to find someone willing to do it. And have the money.

    Matthew, yes, you can have a truck under 26,001 GVWR with air brakes and not need a CDL. Contrary to what most DOT cops will tell you.
     
  9. 90plow

    90plow Senior Member
    Messages: 738

    Yea you can have a truck with air brakes under cdl if it cAme setup from manufacturer like that. Theres no way you can re class a truck lower theyll get you every time you get pulled over. Registration will say 26,000 open the door it will say 33,000 cant do it.
     
  10. MatthewG

    MatthewG PlowSite.com Addict
    Messages: 1,390

    I have registered F350s (class 3) as a class 2, so I know at least in PA we can do that, just wasn't sure about the air brakes
     
  11. MatthewG

    MatthewG PlowSite.com Addict
    Messages: 1,390

  12. dfd9

    dfd9 PlowSite.com Addict
    Messages: 1,475

    Yes, you can.

    You need to find someone that will reclassify it for you. As in give you a new sticker that shows GVWR at 26,000.
     
  13. 2COR517

    2COR517 PlowSite Fanatic
    Messages: 7,115

    Have to subscribe to any CDL thread
     
  14. bighornjd

    bighornjd Senior Member
    Messages: 249

    I have one of my trucks like this. I know for a fact it is rated at 33,000 but the sticker in the door is gone. Previous owner had it registered at 26,000 and I did the same after I bought it. It has air brakes and I drove it pretty regular for a couple years with no CDL. From what I could comprehend of the law I was legal but I had LOTS of people tell me i wasn't. Luckily I never got stopped and had to find out the hard way. I now have a CDL so no worries. Except it is still reg at 26k and I quite often load it up closer to 33k. Knock on wood haven't gotten an OW with it in the several years I've been runnin it so what I've saved in reg fees will probly still cover an OW. One of these days I suppose I'll get nailed and up the reg to 33k but I guess I'll keep taking my chances until my luck runs out lol.
     
  15. DAFFMOBILEWASH

    DAFFMOBILEWASH PlowSite.com Addict
    Messages: 1,598

    I would be leary for the fact the truck will loose 3.5 ton of capacity. If it is a single axle then you would have about a 6 ton load capacity to keep it within the limits of the law. It is a grey area, perhaps worth it for short term but in time you will have to deal with it.
     
  16. pohouse

    pohouse Senior Member
    Messages: 322

    Here in Nebraska, it's illegal. The GVWR is set by the manufacturer and cannot be changed. Years ago though, a truck dealer could modify the truck and retag with a lower GVWR. But the practice is now illegal here. Not sure about other states.

    Just get a CDL.
     
  17. tuney443

    tuney443 PlowSite.com Addict
    Messages: 1,847

    ''Actually, you can lower a mfg's rating, you just have to find someone willing to do it. And have the money.''

    I was talking in legal circles,NOT some shady deal that eventually will bite you in the azz. It should be evident that it is just so much easier all around to just get a CDL and not have to worry about trying to circumvent the laws.My feeling is that a big truck is a big truck and just because a 1 lb. difference[26K lbs. vs. 26,001lbs.] legally will determine whether one needs a CDL,a driver should still be very aware how to safely drive that big truck.It's very frightening to think that some air head like Paris Hilton or Snookie can rent and drive a big box truck from U haul with a regular license.
     
    Last edited: Sep 15, 2012
  18. PR Fect

    PR Fect Member
    Messages: 53

    No, you can not drive a truck with air brakes here in Wisconsin. But who the hell cares, your not in Wisconsin. So my post is as useless as all of the rest of these posts except the one I quoted above from JD
     
  19. mrv8outboard

    mrv8outboard Senior Member
    Messages: 197

    OEM chassis GVW's are altered all the time legally. Most trucks start life as an "incomplete vehicle" and are altered by body manufacturers. They then give the truck a new GVW sticker that includes new front,rear,gross and combined weight. That being said it is done with engineering and insurance to cover the alterations.
     
  20. dfd9

    dfd9 PlowSite.com Addict
    Messages: 1,475

    Where's that one know-it-all who usually jumps in on these threads.

    Could you possibly provide a link to the law that states derating is illegal?

    Because what happens if I buy a truck in Iowa while living there, have it derated then move to Nebraska?

    Or are you referring to the air break\brake endorsement?

    As others have stated, it is perfectly legal. The "willing" comment was that it is quite often difficult to locate someone to do it. It isn't shady and when done by the book, won't bite you or me in the ass.

    There is no circumvention of laws. The problem for the OP will be that he is limiting his carrying capacity. If he derates his truck, and then proceeds to load it over 26,001, he will be on the hook for being overloaded. Even though the truck can handle it.

    I agree, 1 pound does not make a difference, but that is what the law states.