This was sent to Jeff Tripp last year after he had been pulled over numerous times for towing a race car
US DOT REQUIREMENTS
buz.scfiultz@dot.gov
Friday, ~ebrua* 17, 2012 11:43 am -
Dear Mr.Tripp:
Thank you for telephoning the Federal Motor Carrier Safety Administration (FMCSA) at the U.S. Department of
Transportation for information.
1. The regulation we discussed (49 CFR 390.3(f)(3)) provides an exemption from the Federal Motor Carrier Safety
Regulations for: "the occasional trensportafion of personal property by individuals not for compensation
nor in furtherance of a commercial enterprise. "
This is the link for this language:
http://www.fmcsa.dot.gov/rules-regul...ministmtiml~~r
ffmcsm letext .aspx?reg=390.3&keyword=occasional
The regulatory guidance we discussed is in the guidance or interpretations of subsection 390.5, as follows;
Question 2 1: Does the exemption in ยง390.3(f)(3) for the "occasional transportation of personal
property by individuals not for compensation nor in the furtherance of a commercial enterprise " apply to
persons who occasionally use CMVs to transport cars, boats, horses, etc., to races, tournaments, shows
or similar events, even if prize money is offered at these events?
Guidance: The exemption would apply to this kind of transportation, provided: (7) The underlying activities
are not undertaken for profit, i.e., (a) prize money is declared as onrdinary income for tax purposes, and (b)
the cost of the underlying activities is not deducted as a business expense for tax purposes; and, where
relevant; (2) corporate sponsorship is not involved. Drivers must confer with their State of licensure to
determine the licensing provisions to which they are subject.