Towing issues / updates

[joe176]

Joe is your Toter registered as a truck or an RV ??????....I have a DOT inspection site right around the corner from my shop...had them look at my RV and trailer registration 4 years ago and was told ..no CDL required even though it has air brakes...but he says add the trailer on the back and I would need DOT numbers, log book, safety equipment....etc....not sure if the NY laws have changed since then....gonna have to take a walk over and have them check Reg again

[Bobby Brannon]

http://www.woodalls.com/articledetai...eID=1195129#LA

Try this site may help.

[J.LISA]

Originally Posted by joe176

Joe is your Toter registered as a truck or an RV ??????....I have a DOT inspection site right around the corner from my shop...had them look at my RV and trailer registration 4 years ago and was told ..no CDL required even though it has air brakes...but he says add the trailer on the back and I would need DOT numbers, log book, safety equipment....etc....not sure if the NY laws have changed since then....gonna have to take a walk over and have them check Reg again

Joe,it is registered as a motorhome. the issue here was the cars in the trailer
the trooper told me she also pulls over horse trailers if they are race horses
then a cdl is required.The way she explained it to me if the trailer was empty
or if i was driving with no trailer cdl not required.

[C and W Racing]

Several years ago, I had checked into whether I needed a cdl. At the time that I checked, even though I race and attempt to win money, as long as I am claiming the money's that I win and not writing off any of the expences, no cdl was required. Now it I were to write off the expences, that changed it to me running it as a business and a cdl was required. Don't know if anything has changed since then, but that is what I had found out at the time. Per federal regulations which trump state requlations.
Chuck

[Randall Klein]

For the life of me I cannot understand why our National Organization with their bevy of legal staffers on the board will not pitch in and lobby or address this situation. They could work with state tourism boards, and legislatures to exempt NHRA members from excess trooper rules interpretations

Now that would be a member benefit, and they can keep the patch and pin

They could print out a pamphlet (like fan guide) with state regs that we all could carry with us and possibly a help line one could call when harrassed

ya think?

by the way, we were stopped west of Des Moines a couple of years ago for trailer search, interrogation, etc.....back home researched with State Patrol and yes we could demand a warrant, but best to be polite, co-operate and move on was advice

[Jeff Teuton]

Joe Lisa, that trooper is absolutely wrong based on DOT reg 390 (f)(3) which specifically allows boats, horse trailer, race cars as exempt from DOT even if money is involved. I will try to post that section. It's small, but it is part of the regs. Now if your stuff is titled in a company name, you are DOT. All my stuff is in my personal name. Excuse me; it is 390.3(f)(3) and I have it in my hand. Someone tell me how to get from a scanner to this channel and I will post it.

[Joe Schaechter]

Originally Posted by Jeff Teuton

Joe Lisa, that trooper is absolutely wrong based on DOT reg 390 (f)(3) which specifically allows boats, horse trailer, race cars as exempt from DOT even if money is involved. I will try to post that section. It's small, but it is part of the regs. Now if your stuff is titled in a company name, you are DOT. All my stuff is in my personal name. Excuse me; it is 390.3(f)(3) and I have it in my hand. Someone tell me how to get from a scanner to this channel and I will post it.

About halfway down on this page is the specific guidance for our racing activities: http://www.fmcsa.dot.gov/rules-regul...0.3&guidence=Y

Question 21: Does the exemption in §390.3(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: (1) The underlying activities are not undertaken for profit, i.e., (a) prize money is declared as ordinary 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.

[Greg Gay]

Jeff,

I am in agreement with you that we SHOULD be exempt, but I think they will argue that the prize money makes it commercial. That seems to be the opinion of Massachusetts, anyway. Where do they draw the line between my operation and John Force's? I do not know, but we are towing hundreds of miles, spending thousands of dollars to try to have fun with our cars legally. When they start sitting out in front of the casinos, and applying these rules, then I'll consider my racecar a commercial enterprise.

Greg

[joe176]

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 §390.3(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.

[Dan Fahey]

Originally Posted by Randall Klein

For the life of me I cannot understand why our National Organization with their bevy of legal staffers on the board will not pitch in and lobby or address this situation. They could work with state tourism boards, and legislatures to exempt NHRA members from excess trooper rules interpretations

Now that would be a member benefit, and they can keep the patch and pin

They could print out a pamphlet (like fan guide) with state regs that we all could carry with us and possibly a help line one could call when harrassed

ya think?

by the way, we were stopped west of Des Moines a couple of years ago for trailer search, interrogation, etc.....back home researched with State Patrol and yes we could demand a warrant, but best to be polite, co-operate and move on was advice

This is something xHRA and other racing bodies should be doing !

D