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3/22/14, 12:18 AM   #11
Smeents
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Hi everyone, this is Stephanie Meents and last October I started a consulting business to help racers get legal with their transportation requirements. If you got to the Federal Motor Carrier website, the rules on whether or not you need DOT numbers and a CDL are spelled out and if you read the exceptions it mentions car racing. CDL requirements are determined by vehicle weight, but Since we race for prize money and many of us receive some type of sponsorship consideration (does not have to be cash), most of us do fall under commercial vehicle requirements, meaning you need DOT numbers and all the log book, drug testing, etc requirements that go with it. I'm currently away from my computer, but I can post the specific mention of Motorsports when I get back home or if anyone has specific questions, you can feel free to call or email me anytime.

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Meents05@yahoo.com

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Last edited by Smeents; 3/22/14 at 12:20 AM.
 
2 members like this post: AustinSprinter, koolaid89
3/22/14, 8:59 PM   #12
sc96
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Something else everyone who comes under these regulations needs to keep up on is there are several new laws that are being put in place this year. One is all commercial vehicles will be required to run electronic logs . I'm not sure who will or if anyone will be exempt but the federal motor carrier laws are getting way out of hand it's become a cash grab for the gov
 
3/23/14, 1:36 PM   #13
Re: Truck and Trailer requirments
Roy Bleckert
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It would be helpful if the ones who have knowledge on this subject if you could post the guidelines on were you cross the line from not needing a CDL/DOT/State permit to were you need these things , so you can evaluate what you have & either adjust or comply with the regs

Out here in the land of fruits & nuts (LOLLL !!!) I have asked the Commercial Cops from the Sacramento office, Regional office , Scale house & Commercial Cops patrolling the streets & have gotten wildly different interpretations on the law regarding transportation of race cars in State & across State lines

I also went to the Federal Carrier website http://www.fmcsa.dot.gov/ & could not access the rules & regs when I got to the specific rules I got a access denied code
 
3/25/14, 8:57 AM   #14
Re: Truck and Trailer requirments
Kinser11
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Bump
 
3/25/14, 2:28 PM   #15
Re: Truck and Trailer requirments
Bill84
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Maybe this isn't the way the state looks at it, but I'm not being paid to haul my car in my trailer. Sure the car earns money, but the truck and trailer don't. A truck driver gets paid to haul something down the highway. If I were hauling a car for someone else, and getting paid to do that, I would be subject to the DOT requirements. The act of using a state asset to generate income, is the whole point of the tax. So how can the state say that my truck and trailer are making me money, when I'm not getting compensated for that purpose?

I suppose you could argue the point of, how am I going to get the car to the track to make money, without using the truck and trailer? Well, let's look at well drillers. They don't have to even put license plates on their trucks, because they don't haul anything. But, the vehicle itself makes money. So, I guess to satisfy the above argument, I should just drive my car to the track...

Also noted above is that there is a minimum weight involved too. I'm not sure too many pickups with trailers would be over that weight.

Carry on...

Bill
 
1 member likes this post: TQ29m
3/25/14, 3:25 PM   #16
Re: Truck and Trailer requirments
TQ29m
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All that money that's taken in, I assume, is to be used for keeping our roads passable, now them danged fools want to raise the gas tax some more, cause they spend it faster than it's coming in, and most of it isn't going for infrastructure, it's going for golf outings, and vacations, and parties, and whatever else they want, wears me out, time for a turn over! Bob
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3/25/14, 8:01 PM   #17
Smeents
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Hopefully this will help clear up some questions – this is straight from the Federal Motor Carrier Safety Administration website (www.fmcsa.dot.gov)

In general, a USDOT Number is required if you are operating in interstate commerce and:

• You have vehicles that are over 10,000 lbs.
• You transport between 9 and 15 passengers (including the driver) for compensation.
• You transport 16 or more passengers.
• You haul hazardous materials.
For more specific requirements, go to http://www.fmcsa.dot.gov/registration-licensing/online- registration/onlineregdescription.htm. Go to the “Help me register” section and click on “Step-by-Step Registration Guide.”

We would qualify as Private Motor Carriers --- A private motor carrier transports its own cargo, usually as a part of a business that produces, uses, sells and/or buys the cargo that is being hauled. A private motor carrier transports its own goods and is required to have a USDOT number but does not need operating authority (MC number).



As for whether or not racing is considered a business or a hobby – this is the DOT’s interpretation

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.
http://www.fmcsa.dot.gov/rules-regul...0.3&guidence=Y
 
3/25/14, 8:10 PM   #18
Smeents
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And one other thing - if your tow vehicle or trailer are titled in a business name, you are going to have a hard time arguing with a cop that you are not engaged in a commercial activity. Remember, police officers have access to the Internet from their vehicles, they can search your race team and clearly see if you have corporate sponsors and if you treat your race team as a business.

I'm not telling you to shut down your website and go incognito, but if you have a large hauler, I highly recommend you consider getting DOT numbers and CDLs and then following all FMCSA regulations.

I currently offer services which include DOT registration, drug consortium membership, monthly trip monitoring, and basically all information you need to stay legal.
 
1 member likes this post: hossholliday15
3/25/14, 9:07 PM   #19
btownracer
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Is there nothing that the government does not have its hands in. I no longer have any respect for any of them
 
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