CLASS RACER FORUM - View Single Post

charlie westcott · 12-05-2009, 12:47 PM

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

How a "consultant" can say that if you make a profit makes you commercial when this is on the books makes me curious how sharp the guy is. This question, guidance is in the dot book, and its to tell the dot cop how to interpret the law. Its federal.
The length is a bigger issue in my mind. There is no length limit for semis (surface trans act).

cw

12-05-2009, 12:47 PM	#3
charlie westcott Member Join Date: Dec 2001 Posts: 131 Likes: 0 Liked 216 Times in 7 Posts	Re: dot compliance 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 How a "consultant" can say that if you make a profit makes you commercial when this is on the books makes me curious how sharp the guy is. This question, guidance is in the dot book, and its to tell the dot cop how to interpret the law. Its federal. The length is a bigger issue in my mind. There is no length limit for semis (surface trans act). cw