S.D. v. Tx. or vise versa - RV-Dreams Community Forum

325turbo · RV-Dreams Family Member

S.D. v. Tx. or vise versa

Jack Mayer · RV-Dreams Family Member

SD is especially attractive if you are buying a rig and car. The tax rate is lower and you can save considerably if buying high-line units. In addition, you can drive any RV on a class C license - which I am not sure is a good thing, but that is the way it is. In TX, you need a Class B or class A if over 26K lbs. No big deal to get.

SD is more difficult when it comes to voter registration. You basically have to play some games with a campground or motel address for registration. TX - at least the Escapees address - is a fully legal address for voting. And you can not beat the SKP mail forwarding service.

kpoppa · RV-Dreams Community Member

Jack.. I am quite sure there is an exemption in the Texas Traffic Law regarding driving a motorhome over 26,001#. The law specifically exempts motorhomes used for Non-Commercial, and only the class C license is required.

kpoppa

325turbo · RV-Dreams Family Member

Thanks Jack, and kpoppa. If I go outside Ok. I will be giving up a Class "A" cdl with doubles, triples, hazmat, and tanker endorsements. I really hate to do that, but Ok. wants 750.00 to tag my gently used 5ver. I already paid 650.00 on my dodge. I just can't afford this state anymore, but I don't know if I would come out ahead since I've already tagged my truck here. Thank you kindly for your responses. I've been lurking for months, and am constantly amazed at the knowledge, and wisdom I read on these rv sites.

Lc

-- Edited by 325turbo on Thursday 28th of May 2009 07:13:35 PM

Serengeti2001 · RV-Dreams Family Member

In addition to the above answers, we have a few to add.
For the best insurance rates SD wins hands down.
Their is no vehicle inspection in SD, whereas in TX. if you enter the state you have 72 hours to get it inspected.
We were called for jury duty in SD and we just made a phone call and told them our situation and we were removed, no problem.
The choice is up to you.

ahoweth · RV-Dreams Family Member

I would verify whether there is an exemption for non commercial RV's on that driver's license requirement with the Texas authorities. Just to be sure. Wouldn't want to have an accident and not have the proper license.

Jack Mayer · RV-Dreams Family Member

There is NO EXEMPTION for motorhomes or trailers in the 26K class A/B license requirement in TX. Many people incorrectly think this, but you need the upgraded license if your rig is over 26K in TX. This is absolutely factual, and has been researched to death many times over.....there are periodic threads on this on the SKP forum....

monkey islanders · RV-Dreams Family Member

Lc,
Thanks for the post. We are also okies and will be going full time as soon as the house sells. We are also trying to decide about domicile....I am leaning toward keeping Ok and using our daughter's home address. It just seems easier. We will be buying a used 5th wheel and truck and I know how expensive tags are in OK but we will be back in the state a lot and I think it may be worth the cost. If we DO change I think it will be SD.
Hope you get on the road soon, keep in touch. We are currently up at Grand Lake on Monkey Island waiting for the house to sell ! disbelief

Christy and Paul

325turbo · RV-Dreams Family Member

Hi Christy, and Paul, And many thanks to all that has offered up their knowledge. I'm below the dam at Keystone Lake just west of Tulsa for now. I've found there are many variables involved in making this decision. I hope your home sells quick, and you too can get underway. My son has offered his mail forwarding services, and address ( unpaid of course ) . I'm still thinking, but I do know that if you want solid advice, ask an Rv'er

Lc

ahoweth · RV-Dreams Family Member

Being a former Okie myself, the state income tax issue was enough for me to leave my native state and become a Texan. I did consider South Dakota but for me, Texas was a better fit at the time. I can always change if I have to. Good luck on you efforts and we are looking forward to welcoming you to the full timer fraternity from the class of 2005!

Froggi · RV-Dreams Family Member

Jack Mayer wrote:
SD is more difficult when it comes to voter registration. You basically have to play some games with a campground or motel address for registration. TX - at least the Escapees address - is a fully legal address for voting. And you can not beat the SKP mail forwarding service.

I haven't seen this with Lake County/mydakotaaddress.com at all. They use my mail forwarding address and I even got a letter putting me on jury duty call list for 2009. I sent a note back explaining that I was a full time RVer and probably wouldn't be near them in 2009 and they sent me back an exemption.

When we stopped in to change my name and get get Stu set up with mail service, we did new voter's cards. No muss, no fuss....the gal in the office filled them out, we signed and she takes them in.

Froggi · RV-Dreams Family Member

325turbo wrote:
Can anyone recommend one state over the other as a domicile state ?

Don't forget to take into account state income tax (if you are retired, some tax pensions, some don't, some tax dividends/interest, some don't), possibly estate taxes (if you have enough to worry about, we don't....LOL!), inspections on vehicles (how often, will it be convenient to get it done regularly), health insurance (if on a private plan there are a lot of variables), etc.

This is an old article and all the links don't work but it might help you think about what to consider. http://www.myprimeyears.com/rv/yeaw_homebase1.htm

kpoppa · RV-Dreams Community Member

Jack Mayer wrote:

There is NO EXEMPTION for motorhomes or trailers in the 26K class A/B license requirement in TX. Many people incorrectly think this, but you need the upgraded license if your rig is over 26K in TX. This is absolutely factual, and has been researched to death many times over.....there are periodic threads on this on the SKP forum....

Jack-- Unfortunately, you are misinformed of Texas Law and have (inadvertently) mis-informed the good folks on this forum. Texas Law provides a SPECIFIC exemption for drivers of 'a recreational vehicle that is driven for personal use'.

This exemption is stated in Sec 522.004 of the Texas Criminal and Traffic law. The Section 522 deals with commercial license and 522.004 deals with Applicability.
Section 522.004 (a) (4) is the applicable sub-paragraph.

As I stated in my original post I was quite sure there was an exception. Since you took issue with my statement and were adamant that I was wrong, I thought some research might be appropriate. I am sorry it took so long to reply with the Law and I hope too many people have not been mislead by your lack of knowledge.

http://tlo2.tlc.state.tx.us/statutes/docs/TN/content/htm/tn.007.00.000522.00.htm#522.004.00

NorCal Dan · RV-Dreams Family Member

For those without a commercial license I think this applies does it not?

SUBCHAPTER D. CLASSIFICATION OF DRIVER'S LICENSES

Sec. 521.081. CLASS A LICENSE. A Class A driver's license authorizes the holder of the license to operate:

(1) a vehicle with a gross vehicle weight rating of 26,001 pounds or more; or

(2) a combination of vehicles that has a gross combination weight rating of 26,001 pounds or more, if the gross vehicle weight rating of any vehicle or vehicles in tow is more than 10,000 pounds.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 521.082. CLASS B LICENSE. (a) A Class B driver's license authorizes the holder of the license to operate:

(1) a vehicle with a gross vehicle weight rating that is more than 26,000 pounds;

(2) a vehicle with a gross vehicle weight rating of 26,000 pounds or more towing:

(A) a vehicle, other than a farm trailer, with a gross vehicle weight rating that is not more than 10,000 pounds; or

(B) a farm trailer with a gross vehicle weight rating that is not more than 20,000 pounds; and

(3) a bus with a seating capacity of 24 passengers or more.

(b) For the purposes of Subsection (a)(3), seating capacity is computed in accordance with Section 502.162, except that the operator's seat is included in the computation.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 521.083. CLASS C LICENSE. A Class C driver's license authorizes the holder of the license to operate:

(1) a vehicle or combination of vehicles not described by Section 521.081 or 521.082; and

(2) a vehicle with a gross vehicle weight rating of less than 26,001 pounds towing a farm trailer with a gross vehicle weight rating that is not more than 20,000 pounds.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995

ref: http://tlo2.tlc.state.tx.us/statutes/docs/TN/content/htm/tn.007.00.000521.00.htm

kpoppa · RV-Dreams Community Member

Dan: Your are absolutely right that Sec 521 does apply.

However, if you will READ Section 522.004 - APPLICABILITY You will find that is says: "This chapter does not apply to:

(4) a recreational vehicle that is driven for personal use

The reference is to Chapter 522 - Requirements for Commercial License.

Section 522.004 list those EXCEPTIONS to the requirement for a Commercial License.

Keep in mind, however, that ANY commercial use of the RV, such as advertising a business, or any business use, (maybe even the listing of your web site) would place the vehicle in a non-recreational use and it would then be disqualified for the the Exception.

Jack Mayer · RV-Dreams Family Member

You are incorrect. You are not reading the correct sections of the law.

I would advise you to 1) contact escapees if you are a member and Mark might refer you to the correct sections of the law or 2) read the escapees forum where this has been discussed ad nauseum in the past.

Think what you want, but you need a class A or Class B exempt license in TX to drive an RV over 26K (or combination tow vehicle/trailer over 26K). This is different than a CDL - you do NOT need a CDL. That is just the way it is.

-- Edited by Jack Mayer on Tuesday 2nd of June 2009 06:14:01 PM

-- Edited by Jack Mayer on Tuesday 2nd of June 2009 07:00:42 PM

NorCal Dan · RV-Dreams Family Member

Sent message to Mark. This affects me as I need to get my TX drivers license when I get back down there. Escapees helped me with getting my vehicles registered in TX and I am sure they can set me straight on this as well.

added: Here is what Mark had to say...

The following comes straight from the TX DPS license handbook. In short, if you drive a rig over 26000 lbs GVWR, you need a class B non-commercial. Large trailers require a class A. I'm not aware of any waiver...

-- Edited by NorCal Dan on Wednesday 3rd of June 2009 10:17:36 AM

sgad · RV-Dreams Family Member

I hate to complicate this discussion but I was wondering why the choices being discussed are limited solely to Texas vs. South Dakota. What is wrong with Florida? They are also minus any income tax. I also understand that they allow the legal driving of Recreational Vehicles regardless of size or weight with a standard class C driver's license. Winters are certainly more appealing there then in SD. I also wonder why there seems to be an assumption that there exist a connection between your mail forwarding service and your state of residence--other then convenience, I see no reason why you can't use the Texas Escapee mail service while maintaining a residence in Florida or SD.

ahoweth · RV-Dreams Family Member

I'm certain of one thing. When I asked a Texas state trooper, (Highway patrolman) about this issue he stated that if you are involved in an accident in your RV and it exceeds, 26,001 lbs and has air brakes and you do not have a Class B Non-commercial license or a CDL he would issue you a ticket. That was all I needed.

I picked up the Texas driver's manual, studied it for a week or so, expecially chapter 15, took the written test, (scored 100 on it), took the driving test and got the license. NO Big Deal! It did me good to study up on the manual anyway. There were a lot of things I had forgotten in the last 40+ years.

Just wanted to add one thing. The wife did the same thing, scored 90 on the written test and got her class B non-commercial license at the same time.

-- Edited by ahoweth on Wednesday 3rd of June 2009 08:34:17 AM

Jack Mayer · RV-Dreams Family Member

SGAD, your are right - there is no real reason you could not use the SKP mail forwarding from TX, and be a resident of FL. FL is not a bad state to base from - it is one of the top three always mentioned.....along with TX and SD. If we move to SD we will likely keep our TX mail forwarding......

On the issue of the TX DL - note it is the GVWR, NOT the actual weights of the vehicles, that push you into the 26+K categories. So even an F350 "could" get you there, depending on the trailer you are towing.

Interestingly, I have been told that you do not need an air brake endorsement IF the vehicle is titled as an RV. BUT, I have not researched this myself. I would certainly get one if I was testing with a vehicle that qualified.

Howard · Host

Well, 325turbo, as you can see, there are several issues to consider.

As for the Texas license requirements, I researched that myself awhile back. Here is what I wrote in another post.

Texas differentiates between commercial and non-commercial drivers licenses. Those driving a recreational vehicle for personal use are exempt from needing a commercial drivers license. However, a special class of non-commercial license is required based on weight ratings. What gets confusing is the classes based on weight ratings are the same for commercial & non-commercial.

A standard drivers license in Texas is a Class C. But Class A or B may be required as follows.

Texas requires a Class A non-commercial license IF the combination of your tow vehicle and trailer OR motorhome and toad are more than 26,000 pounds GCVWR (gross combined vehicle weight rating) AND if the trailer or toad has a GVWR (gross vehicle weight rating) of more than 10,000 pounds. In other words, this is the class of license needed for towing anything over 10,000 pounds GVW if the combined is over 26,000. Note that the actual weight doesn't matter, it's based on weight ratings.

A Class B non-commercial is required if the tow vehicle or motorhome has a GVWR over 26,000 pounds by itself AND the trailer or toad is 10,000 pounds GVWR or less.

So, if the combined GVWR is less than 26,000 pounds, a standard Class C drivers license will suffice.

A written test and a driving test are required for the non-commercial licenses. Much more is required for the commercial versions of the Class A & B.

So, for RVs, there is an exemption from a Commercial license (kpoppa is right on that), but NOT from a "special" class of non-commercial license (either Class A or B) unless your total combined weight rating is less than 26,000 pounds (Jack is right on that).

At any rate, if you are buying an RV after you set up your domicile, SD would be better due to lower sales tax. Otherwise, both are good.

I personally have a nit-picky attorney-thinking reason for preferring Texas. Texas has already been through the legal battles of testing in court the validity of full-time RVers, who may not spend any time in the state, being considered residents. South Dakota has not been through the full legal test yet as far as I can tell. Each election year the issue comes up when politicians get concerned that the RVers, who never spend any time in the state, may sway an election one way or another. Not a huge issue, but one that, if pursued hotly, could affect residency of a lot of RVers. I wouldn't let that stop me from choosing SD, but all things (that affect me) being equal it's enough for me to prefer Texas. smile

As for Florida, the biggest issue for me is that insurance of all types seems to be higher in Florida with a few zip code exceptions that are hard to ferret out. With an older population, health insurance especially can be a determining factor for those of us under Medicare age.

As sgad and Jack point out, you can have a mailing address and residency in two different states. It complicates matters a little, but it is a viable option as long as one state is clearly the state of residence based on contacts with that state. Personally, I prefer, for the sake of not raising eyebrows and having residency questioned (as well as convenience) to keep my mailing address and state of residency the same.

At one time SD had an issue with health insurance. A few years back, you could not get a SD plan that had national coverage, but that issue has since been resolved.

As far as I'm concerned, other than the sales tax difference on a new rig, the pros and cons of both TX and SD kind of even out. If you choose TX, I would go through Escapees and use their resources to help, whereas SD has a few more options I would consider.

Just my two cents. smile

Tim & Robyn · RV-Dreams Family Member

Although this is getting a little off-topic (but since health insurance was brought up smile

), I live in Georgia now. Even though I'm still working, I have retiree health insurance from my previous employer through Anthem BCBS (I got outsourced to IBM). I haven't researched this at all, but I wonder what, if anything, will happen to my premiums if we change our state of residence.

We are kind of leaning towards Florida, since both my wife and I grew up there and have family there. We DEFINITELY want to set up in a state that doesn't tax income or Social Security.... but then who knows what changes may take place in the states that currently don't tax it? In this economy, it seems like most states are running huge deficits anyway.

Our plans are indefinite anyway at this point due to health issues. Some folks on the board know about my wife suffering serious burns last summer. After nearly a year, she is still hospitalized 250 miles from here, but I have been advised by her doctor that she is finally well enough (no infections) to have some orthopedic surgery that she needs so that real physical therapy can begin.

I posted about it here a while back under a thread about fire....

I will say it again here.... people and pets.... get out, don't flirt with trying to save anything else. You don't want to have to go through what we've been going through...

Jack Mayer · RV-Dreams Family Member

One additional note on the states....In our case SD health insurance was much higher than TX. With no guarantee of underwriting. That resulted in a wash on costs. Given the voting issues I chose TX. If I was buying a new rig (assuming Linda gives me some of that lotto money she will win ;)) then I would go SD if I could get insurance issued. The savings would justify it.

Only issue I have heard from FL is that they tax investment earnings under some circumstances. Something to investigate if you are thinking FL.

Roz · RV-Dreams Family Member

Jack,

Let me assure you there have been no investment earnings taxes here for the last 17 months! (tongue in cheek)

Tim & Robyn · RV-Dreams Family Member

Investment earnings? Isn't that an oxymoron these days?