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OOSC, Part I, Item 2. a. - Vehicles over 26,000 lbs. that are exempt

Entry DateAugust 5, 2019
Issue Number19-027-DRV
NameCasey Jones
AgencyTexas DPS
Address600 W. KilpatrickCleburne, TX, 76033United StatesMap It (opens in a new tab)
Phone817-202-2450
Email[email protected]
CommitteeDriver-Traffic Enforcement Committee
StatusClosed
Summary of Issue

The wording in the Driver section of the OOSC for "Operator's/Chauffeur's license or permit (NON-CDL)" only states it applies to vehicles with a GVWR of 26,000 lbs. or less not designed to transport 16 or more passengers or placarded loads of hazardous materials. With all the exemptions to CDL there are numerous other vehicle types over 26,000 lbs GVWR that have non-CDL drivers (Covered Farm Vehicles, Recreational Vehicles in drive-away/tow-away operation from manufacture to dealer, etc.). With the current wording in the NON-CDL section of the OOSC, we cannot place a driver OOS for not having the proper class of driver's license, having a suspended/revoked license, or even being unlicensed when they are in a vehicle over 26,000 lbs. GVWR and are exempt from CDL.

Justification or Need

Several large commercial vehicles over 26,000 lbs. GVWR exist that are exempt from CDL. However, these large vehicles do require a driver to have a driver's license of the proper class to operate under state law. An unlicensed driver, a suspended or revoked licensed driver, or an improperly licensed driver operating one of these vehicles poses a significant threat to themselves and the motoring public. Having a valid and proper class driver's license is essential to ensuring the driver has demonstrated he/she is knowledgeable in operating the vehicle safely.

Request for Action

Amend the "Operator's/Chauffer's License or Permit (NON-CDL)" Part 1, Item 2.a. to read as "Vehicle 26,000 lbs. or less GVWR not designed to transport 16 or more passengers or placarded loads of hazardous materials and all other vehicles otherwise exempt from CDL that require a driver/operator license."