Chauffeurs License

[jtjumper]

What is the name of your state (only U.S. law)? Michigan
A friend wants to pay me to drive them somewhere. Do I need a Chauffeurs License for this?
My friend wants me to drive him somewhere and said he'll pay for the gas and wanted to give me a little extra as well.

 

[tranquility]

What is the name of your state (only U.S. law)? Michigan
A friend wants to pay me to drive them somewhere. Do I need a Chauffeurs License for this?

Are you operating a taxi or limousine?

Your question really cannot be answered. Michigan would probably say yes. Uber would not require it. (But would accept such an "enhanced" license.)

I don't think the state will find out about it, but don't think that should be the criteria. The real question is if you are a tax or limousine. There, your guess is as good as mine. (Although probably not a taxi.)

http://www.michigan.gov/documents/mdot/MDOT_limo_FAQ_05_2009_278066_7.pdf?20140806142541
http://www.legislature.mi.gov/documents/mcl/pdf/mcl-act-271-of-1990.pdf

 

[quincy]

What is the name of your state (only U.S. law)? Michigan
A friend wants to pay me to drive them somewhere. Do I need a Chauffeurs License for this?

I am from Michigan and I drive friends places all the time. Sometimes they reimburse me for gas. I do not have a chauffeurs license and do not require one for this. A regular old drivers license works well.

Why do you think you need a chauffeurs license?

 

[jtjumper]

I am from Michigan and I drive friends places all the time. Sometimes they reimburse me for gas. I do not have a chauffeurs license and do not require one for this. A regular old drivers license works well.

Why do you think you need a chauffeurs license?

My friend wants me to drive him somewhere and said he'll pay for the gas and wanted to give me a little extra for my time as well.

 

[tranquility]

I am from Michigan and I drive friends places all the time. Sometimes they reimburse me for gas. I do not have a chauffeurs license and do not require one for this. A regular old drivers license works well.

Why do you think you need a chauffeurs license?

Because the government is a bunch of liberal busybodies that wants to micro-regulate our lives?

From the Limousine transportation act of 1990:

257.1903 Definitions.
(c) “For hire” means the remuneration or reward of any kind, paid or promised, either directly or indirectly

(e) “Limousine” means a self-propelled motor vehicle used in the carrying of passengers and the baggage
of the passengers for hire upon a public highway of this state with a seating capacity of 15 passengers or less,
including the driver. Limousine does not include a self-propelled motor vehicle having a seating capacity of
15 passengers or less that is used by or on behalf of an employer to transport its employees to and from their
place of employment.
(f) “Limo carrier of passengers” means a person who, either directly or through any device or arrangement,
holds himself or herself out to the public as willing to undertake for hire to transport by limousine from place
to place over the public highways of this state persons who may choose to employ him or her for that purpose.

(j) “The public” means that part or portion of the general public which the limo carrier is ready, able,
willing, and equipped to serve.
(k) “Through any device or arrangement” means any and all methods, means, agreements, circumstances,
operations, or subterfuges under which a person undertakes for hire to conduct, direct, control, or otherwise
perform the transportation of passengers by limousine upon the public highways of this state.

 

[quincy]

My friend wants me to drive him somewhere and said he'll pay for the gas and wanted to give me a little extra for my time as well.

Okay ...

Why do you think you need a chauffers license?

 

[FlyingRon]

This is private carriage. You are not offering your driving services to the public. You likely do not need any special licensing.

 

[tranquility]

This is private carriage. You are not offering your driving services to the public. You likely do not need any special licensing.

(j) “The public” means that part or portion of the general public which the limo carrier is ready, able,
willing, and equipped to serve.

Is the friend not a part of the general public?


Look, I agree it is silly to believe taking a friend to the airport, "G, G or A; nobody rides for free" bumper sticker or no, should require a special license. HOWEVER, I believe the same should be true of the drive sharing of Uber or Lyft or the property sharing apps of the gig economy. Yet, here we are. What if the OP has a LOT of "friends"? What IS a "friend"?

In our facts we have a guy that was approached by a friend and was offered money for driving him somewhere. We can claim it is silly to say that falls under the law as it stands today, but, lots of laws are silly. So silly in fact, I might suspect all but the Catholicist Catholic school student who had nothing but nuns all the way through and who was considering entering the priesthood but felt the fact he had lusted in his heart many times forbade him from doing so, to be doing some kind or homework or research-type project.

 

[quincy]

"My friend wants me to drive him somewhere ..."

A chauffeurs license is not required for driving a friend somewhere, even when the friend offers to pay for gas or for your time. You are not in the business of transporting the public.

 

[tranquility]

"My friend wants me to drive him somewhere ..."

A chauffeurs license is not required for driving a friend somewhere, even when the friend offers to pay for gas or for your time. You are not in the business of transporting the public.

I did not notice any "business of transporting the public" in any definitions of the act. What I saw was:

(c) “For hire” means the remuneration or reward of any kind, paid or promised, either directly or indirectly

It might be instructive to see some of the exemptions to requiring a chauffeurs license.

http://www.michigan.gov/sos/0,4670,7-127-1627_11461-25395--,00.html

Exemptions

Some drivers do not need a chauffeur license:

A farmer or farmer's employee operating a vehicle exclusively in connection with the farming operation.
A fire fighter or a member of a fire department operating an ambulance.
A fire fighter or police officer operating equipment used exclusively in connection with their employment.
Utility company employees hired to drive trucks used to transport employees, materials, and tools.
Service or repair personnel who operate motor vehicles to carry their tools and transport parts or appliances only incidentally in connection with their employment.
Emergency medical services personnel operating an ambulance.
County road commission employees and other employees of local units of government who do not drive their own vehicles and whose work consists of hauling road building materials and supplies for the road commission or for other municipal purposes.
Michigan Department of Transportation employees whose work consists of operating vehicles with a GVWR of 10,000 pounds or more to transport highway and bridge maintenance materials and supplies for state trunkline maintenance.
A person operating a motor vehicle for a volunteer program who only receives reimbursement for vehicle operating costs.
A person who operates a motor home for personal pleasure.
A parent or parent's designee for the purpose of transporting pupils to or from school and school-related events.

I suppose it would be certainly true none would be required if the OP were a parent's designee and his friend was a pupil being transported to or from a school related event. I did not get that from our facts though.

 

[quincy]

Seriously, tranquility?

 

[tranquility]

Seriously, tranquility?

Yes.

Also, now that we're talking about the law, when the OP writes:

My friend wants me to drive him somewhere and said he'll pay for the gas and wanted to give me a little extra as well.

Do you advocate him putting that "little extra" on his Schedule C or intentionally omit the income?

(Schedule C, Profit or Loss from Business)

Edit:
Again, why is this person asking the question in the first place? I mean, really, who would even consider the issue?

Look who owns the trademark, "Your friend with a car."

 

[FlyingRon]

(j) “The public” means that part or portion of the general public which the limo carrier is ready, able,
willing, and equipped to serve.

Is the friend not a part of the general public?

Once again you actually have to learn how to READ the ENTIRE sentence the words appear with rather at grasping on what they might say individual.

It says "holding out to the public." This means a broad offer to carry people (or property). This is pretty much the definition of COMMON CARRIAGE in just about every law on the books. There's no holding out. The poster isn't offering to drive any class of people.

What we have here is his friend contracting with him privately, with him not offering the service to anybody else, to drive him. This is called PRIVATE CARRIAGE. This is not covered by the quoted limousine law above.


Similarly, lets say I want to move so I call a company and ask them to send a driver and a truck. Common Carriage.
If I go to U-Haul and rent a truck and then grab some guy and pay him to drive it, it's private carriage.

 

[tranquility]

Once again you actually have to learn how to READ the ENTIRE sentence the words appear with rather at grasping on what they might say individual.

It says "holding out to the public." This means a broad offer to carry people (or property). This is pretty much the definition of COMMON CARRIAGE in just about every law on the books. There's no holding out. The poster isn't offering to drive any class of people.

What we have here is his friend contracting with him privately, with him not offering the service to anybody else, to drive him. This is called PRIVATE CARRIAGE. This is not covered by the quoted limousine law above.


Similarly, lets say I want to move so I call a company and ask them to send a driver and a truck. Common Carriage.
If I go to U-Haul and rent a truck and then grab some guy and pay him to drive it, it's private carriage.

Sorry. Your examples are not on the exemption to require a chauffeur's license. If you are moving in Michigan and you call a company and they send a driver and a truck, I bet they will have an chauffeur license. At least if they were to look at the Michigan Secretary of State's page.
http://www.michigan.gov/sos/0,4670,7-127-1627_8669_53323---,00.html

Chauffeur License
Unless exempt, a chauffeur license is required if you:

Are employed for the principal purpose of operating a motor vehicle with a gross vehicle weight rating (GVWR) of 10,000 pounds or more.
Operate a motor vehicle as a carrier of passengers or as a common or contract carrier of property.
Operate a bus or a school bus.
Operate a taxi or limousine.
The Department of State offers the chauffeur license in a standard and enhanced version. The enhanced chauffeur license is an attractive alternative to the standard license because it allows you to re-enter the U.S. by land or sea from Canada, Mexico, Bermuda or the Caribbean without the need to show additional identity or citizenship documents at the border

You see, your "common carriage" is something that requires the license. If you grab some guy and make a deal to pay him, that might be considered a contract, don't you think?

 

[quincy]

I would have responded sooner but I had to rush to the Secretary of State's office before it closed to get a chauffeur's license. I plan on driving a friend to work tomorrow.

Following is information about Michigan's carpooling and carpool lots. Carpooling is a great saver of energy - and, best of all, no chauffeur license is required!

http://www.michigan.gov/micommute/0,4623,7-214-53729_55349---,00.html
http://www.michigan.gov/mdot/0,4616,7-151-9615_11228_11234---,00.html