Entry DateApril 22, 2022
Issue Number22-018-DRV
NameJohn Sova
AgencyND Highway Patrol
Address601 CHANNEL DRIVE
BISMARCK, ND 58501
United States
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Phone17013070346
EmailEmail hidden; Javascript is required.
Issue NamePickup Truck and Trailer - Definition for CDL/Restriction Requirements
Summary of Issue

The use of hotshot units to transport product has seen an increase over the last number of years. These pickups and trailers use a variety of different different connections between the power unit and trailer. The typical connection is a ball and socket connection with the ball mount in the box of the pickup, often referred to as gooseneck connection. Sometimes we see the box removed and the ball is in the flatbed. Other times we may see no flatbed or box with the ball mounted to the frame of the pickup, similar to a truck/tractor in that no other freight may be transported and the vehicle can only be used to pull a trailer. We can also see a fifth wheel plate installed in all of the same options that a the ball installation was described above. Taking the skills test in one of the these combinations usually results in a truck/tractor restriction. The issue arises as, depending on how the hitch system is mounted and whether or not the pickup can only draw another vehicle or also transport cargo, can either meet the definition of a truck or a truck/tractor in 390.5. This confusion is causing drivers to have a truck/tractor restriction placed on their license when the skills test is taken, only to be placed OOS on a roadside inspection because the inspector feels it meets the definition of a truck/tractor, operating the same vehicle combination in both cases. Example of one type of connection is included.

Justification or Need

Guidance as to exactly how these vehicles are to regulated, a truck or truck/tractor, needs to documented to provide consistency between jurisdictions on inspections and also between enforcement and jurisdictional drivers license divisions.

Request for Action

Add guidance to Ops Policy 15 as to how these vehicles are to be classified to improve consistency in enforcement.

Action Taken by Committee

Numerous types of pickup and trailer combinations on the roadways. Display of pickup with no bed and 5th wheel plate. Driver tests and gets a class A CDL with restriction. Gets stopped later and placed OOS for violation of restricted license. 390.5 defines vehicles, this vehicle meets definition. Testing site correctly gives restriction for vehicle used at test site, due to pintle hitch or ball type hitch. Looking for guidance or inspection bulletin reference issue.

Must go to 383 for definition, which does not define CMV. This is defined by each state. Each state determines restriction and class of license required. Dependent on if truck is able to carry cargo. In MD would be OOS, but in KY would not be due to state regulation. Discussion referenced coupling device and definitions in 390.
States classify the vehicle differently. IN dependent on if truck can transport cargo. 2 issues for jurisdiction ‐ FMCSA guidance is O restriction. AAMVA guidance states it does not matter what type of vehicle as long as it has 5th wheel plate. MD definition no cargo carrying power unit. Does not require 5th wheel plate, can be any type of connection. Training bulletin would refer to state of issuance.

What would the hazard be for the type of connection: 5th wheel plate, pintle hitch, or ball? It all drives the same and must be connected properly. Hotshot still has pickup body does not meet TT definition because it can carry cargo.

They don’t want these guys testing in this vehicle and then wanting to drive TT. It appears to be a state‐to‐state issue. Would like more input and research. Not enough information to make informed decision. Close issue for lack of motion by chairman.

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