Commercial Driving license

[sefnfot]

What is the name of your state? NY and NJ


Commercial Driving license

A friend of mine with a NON-commercial drivers license from the state of NEW YORK was driving a truck in NY he was pulled over for driving in a residential area. However, he was scheduled and had an itinerary to make a local delivery/pickup. He was given a ticket for not having a commercial drivers license for the truck that he was driving.

My friend picked up the truck from his place of employment in New Jersey. In New Jersey the size and type of truck does Not require a commercial drivers license. He was making a delivery in New York and returning the truck to New Jersey.

Is there anyway to get out of the ticket since he was allowed to obtain, use, and permitted to legally command the truck?

 

[Warped]

I'm not a lawyer!

In short, no. The fact that the truck originated in New Jersey has nothing to do with it being operated in New York. Generally, the laws governing the operation of heavy trucks are the same in every state because the Department of Transportation sets the laws governing licensing requirements, not individual states.

If the Gross Vehicle Weight (GVW = combined weight of the truck itself and the load) of the truck your friend was operating was over 26,001 pounds, he should have had a CDL. If the truck was equipped with air brakes he would also need a CDL.

The, "well, they let him drive it away from XXX location in NJ so it has to have been legal there" defense won't fly in any state. I believe that the ONLY exception to that rule is rental trucks for private use such as U-Haul and Ryder.

Individual cities/states can govern where a truck is allowed/not allowed to travel within a given area but it must be clearly posted. If your pal can prove that he was making a delivery to an address off of the restricted road that had no other reasonable access, he should be able to beat that ticket.

 

[lwpat]

You would need to check the statute on the ticket. Normally you need a CDL only if the truck GVW is over 26,000 lbs. This is the same in NJ as in NY. It could make a difference that the truck was registered in NJ.