dot compliance

Mark Callanan · 12-05-2009, 11:40 AM

Quote:

Originally Posted by Scotty D

mark and chris he also said that a dually truck and enclosed trailer that runs over the 10,001 lbs is also applicable to being shut down and impounded,he said ANY vehicle that breaks the weight guide lines according to the weight tags on the truck,trailer(combined gross vehicle weight of truck and trailer) whether its for relaxation or not.if you have the possibility of winning a prize of any kind its considered for profit and is applicable.i'm sorry i stirred up a bees nest,i was just trying to help and let racers know that there's somebody that wants to help.

Scotty I think you did all a favor to let the racers know what they are facing
And as our states and federal goverment are going broke they are going to find money any way they can

Chuck Porter · 12-05-2009, 12:14 PM

The whole "for profit" tact that the DOT is taking is suspect at best. First of all in any business cash flow doesn't constitute profit. Cash flow minus operating expenses etc. then equals profit. I've in this game long enough to know you have to win a lot of races to make a profit, especially when you factor in the "true" cost of the racecar, trailer, tow rig, tools, entry, the list goes on. The average guy doesn't make a "profit".

So if this is the direction the DOT is going, then every guy with a set of golf clubs in the back of his pickup who is heading for a golf tournament, or a guy with a little boat and a fishing pole heading for a fishing tournament should all be subject to the same rules, because there is the potential for profit. The whole thing smells.

We're easy targets.

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

Mark Callanan · 12-05-2009, 02:11 PM

Quote:

Originally Posted by Ed OBrien

Looks like open trailers are going to make a come back ! So what your trying to say is I can buy a 4dr truck and pull a 7000# trailer and have to have a cdl ? Do you know how many drivers can't get a cdl because off health ? Have a nice day

Ed

It isnt all about having a CDL
You may not need one but still come under DOT
And yes your correct medical is a big issue
You need a medical card even if it isnt CDL
If you have diabetes and take the shot each day
you cant drive anything that is DOT
You need to have a log book or time sheets
You can only drive so many hours in a 7 day period
And you have to keep track of hours working no matter what you are doing...
more to come.....

Mark Callanan · 12-05-2009, 02:13 PM

Quote:

Originally Posted by Ed OBrien

Looks like open trailers are going to make a come back ! So what your trying to say is I can buy a 4dr truck and pull a 7000# trailer and have to have a cdl ? Do you know how many drivers can't get a cdl because off health ? Have a nice day

Oh Ed it doent come down to if its an open trailer or enclosed
As you would say have a nice day.....

Tony Janes · 12-05-2009, 04:16 PM

Yes you need a CDL for more than 10, 000 pounds but you do not have to log if you are not in a commercial business. I know there is interpretations of what is a commercial business is. What Charlie Westcott was taking about, the exemption, not filing expenses from drag racing or any other endeavor as a deduction on your tax return, should beat a ticket in court.

Jeff Teuton · 12-05-2009, 06:55 PM

I have an appeal of a ticket for the 'is it commercial' and 'is it exempt' in North Carolina right now. This was a local Louisiana racer who got the treatment in NC. I have filed the appeal and have a hearing probably in March next year. Same crap, different state. Maybe it will set a prefrence. This one also deals with 'is it motor home' issue. Matter of fact, I need to find Jack Zimmerman and talk to him. He was at the meeting that the NC State Police had on one of the big NASCAR teams to address the issue, and of course the police did something else. More as it unfolds.

Tom Moock · 12-06-2009, 01:59 AM

Tony, you only need CDL if your GVW is over 26,000 pounds, not what your weight sticker on your plates show. they look on your trailer for GVW and your truck and add together, Like truck 11,400 plus three axles on trailer 6,000 each totals 29,400 pounds. DOT is different story, It depends on the state you are driving in and how you have your vehicle registered, In Nebraska you have to register your truck commercial or farm, if you drive a dually the scale boys known your GVW is over 10,000 pounds and most states want you to weigh at weigh station`s. But i drive by most of them, if they want me they come get me. Oklahoma chased me down and gave ticket in my dually. Tom

12-05-2009, 12:14 PM	#2
Chuck Porter Member Join Date: Nov 2002 Location: Alberta, Canada Posts: 104 Likes: 0 Liked 0 Times in 0 Posts	Re: dot compliance The whole "for profit" tact that the DOT is taking is suspect at best. First of all in any business cash flow doesn't constitute profit. Cash flow minus operating expenses etc. then equals profit. I've in this game long enough to know you have to win a lot of races to make a profit, especially when you factor in the "true" cost of the racecar, trailer, tow rig, tools, entry, the list goes on. The average guy doesn't make a "profit". So if this is the direction the DOT is going, then every guy with a set of golf clubs in the back of his pickup who is heading for a golf tournament, or a guy with a little boat and a fishing pole heading for a fishing tournament should all be subject to the same rules, because there is the potential for profit. The whole thing smells. We're easy targets. __________________ Chuck Porter STK

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

12-05-2009, 04:16 PM	#6
Tony Janes Senior Member Join Date: Jan 2002 Location: Whittier, Ca Posts: 830 Likes: 94 Liked 3 Times in 3 Posts	Re: dot compliance Yes you need a CDL for more than 10, 000 pounds but you do not have to log if you are not in a commercial business. I know there is interpretations of what is a commercial business is. What Charlie Westcott was taking about, the exemption, not filing expenses from drag racing or any other endeavor as a deduction on your tax return, should beat a ticket in court. __________________ Tony Janes 7941 STK, SS

12-05-2009, 06:55 PM	#7
Jeff Teuton VIP Member Join Date: Jan 2002 Location: Houma, LA Posts: 2,717 Likes: 2 Liked 325 Times in 50 Posts	Re: dot compliance I have an appeal of a ticket for the 'is it commercial' and 'is it exempt' in North Carolina right now. This was a local Louisiana racer who got the treatment in NC. I have filed the appeal and have a hearing probably in March next year. Same crap, different state. Maybe it will set a prefrence. This one also deals with 'is it motor home' issue. Matter of fact, I need to find Jack Zimmerman and talk to him. He was at the meeting that the NC State Police had on one of the big NASCAR teams to address the issue, and of course the police did something else. More as it unfolds. __________________ Jeff Teuton 4022 STK

12-06-2009, 01:59 AM	#8
Tom Moock Senior Member Join Date: May 2004 Posts: 801 Likes: 1 Liked 10 Times in 6 Posts	Re: dot compliance Tony, you only need CDL if your GVW is over 26,000 pounds, not what your weight sticker on your plates show. they look on your trailer for GVW and your truck and add together, Like truck 11,400 plus three axles on trailer 6,000 each totals 29,400 pounds. DOT is different story, It depends on the state you are driving in and how you have your vehicle registered, In Nebraska you have to register your truck commercial or farm, if you drive a dually the scale boys known your GVW is over 10,000 pounds and most states want you to weigh at weigh station`s. But i drive by most of them, if they want me they come get me. Oklahoma chased me down and gave ticket in my dually. Tom __________________ Tom Moock 5704 STK