Towing? Beware!
10-04-2016, 07:56 AM
#41
this came up on Rennlist in '08. I read all the pages of commentary. the bottomline was that if the truck and trailer are not registered commercially (meaning you registered them in your own name) the law has provisions stating that you are not a commercial vehicle. that thread had a link to the DOT regulation. I printed it out and keep it in my glove box (don't have time to search that link right now).
here's some of the info:
CFR 390.3.f.3 (web link to CFR - Code of Federal Regulations - below)
Note big "exemption", here:
"(3) The occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise;"
FMCSA's own published "Interpretation for Part 390", which can be found here:
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.
of course the officer may not know the details off hand, but having a highlighted copy on had in case of a stop should help. they also noted that having decals or stickers on trailer noting racing or product names draws attention as the cops "suspect" it's a commercial vehicle.
hope that helps
here's some of the info:
CFR 390.3.f.3 (web link to CFR - Code of Federal Regulations - below)
Note big "exemption", here:
"(3) The occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise;"
FMCSA's own published "Interpretation for Part 390", which can be found here:
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.
of course the officer may not know the details off hand, but having a highlighted copy on had in case of a stop should help. they also noted that having decals or stickers on trailer noting racing or product names draws attention as the cops "suspect" it's a commercial vehicle.
hope that helps
I tow with a Kenworth W900L and have a 48 foot stacker lift gate the truck and the trailer are tagged NOT FOR HIRE. In NH we have to register with a commercial tag over 25,000 lbs I am registered for 65,000 and weigh about 62,500.
The issue is over weight truck trailer combos they get people here all the time the truck says it can tow 10,000 and they are 26,500 there is an issue if they call it commercial, because you say you make prize money then you need a CDL A to drive the 26,500 truck trailer combo.
I have the Federal statute printed in the glove box supplied to me by a DOT employee They were very helpful and as we are only doing time trials and HPDE we are not in the furtherance of commerce. We are not commercial we do not need DOT #s IFTA stickers and they do not have a way of issuing them to a non company. I do have to keep a log if driving in NY and fill out a federal 2290 heavy highway vehicle form but if under 5k miles a year you do not pay, I do have a CDL-A but dont really need it and we have regular insurance, again because we are not Commercial. The gas can issue is very real red in NJ they will not fill anything else, and several states have issues with too many cans.
10-04-2016, 10:06 AM
#43
Burning Brakes
10-04-2016, 03:57 PM
#44
Pro
So I read this thread as I prepare to drive from NJ to Watkins Glen in two weeks! I have a non-commercial plated HD Pick up and an unmarked 24ft. enclosed trailer. Truck/trailer is well under it's rated tow capacity and the car is my regular street legal/street driven Z06. ( no stickers) I assume I'm perfectly legal, but really don't need any hassles. ???
With that said, I and others I know have been towing for years without the registration change and have not had issues. It wouldn't stop me from taking your trip but maybe consider this when you renew your registration.
