At what point do you need a DOT# and a CDL?

Rob Petrie E395 · 05-12-2016, 03:20 PM

Its actually 390.3 (F)(3) Question 21 under guidance. The very last sentence and what your local DMV. Secertary of State what have you. Has to say is the most important. MAKE SURE YOU READ THAT LAST SENTENCE. Like alot of FMC regs. Its the loophole in the noose that they will use to hang you.

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.

05-12-2016, 03:20 PM	#11
Rob Petrie E395 VIP Member Join Date: Dec 2007 Location: Woodlawn IL Posts: 1,092 Likes: 162 Liked 216 Times in 77 Posts	Re: At what point do you need a DOT# and a CDL? Its actually 390.3 (F)(3) Question 21 under guidance. The very last sentence and what your local DMV. Secertary of State what have you. Has to say is the most important. MAKE SURE YOU READ THAT LAST SENTENCE. Like alot of FMC regs. Its the loophole in the noose that they will use to hang you. 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. Last edited by Rob Petrie E395; 05-12-2016 at 03:30 PM.