Clear As Mud-Towing Legalities
Here's the complete story that appears in the printed edition of Drag Racing Scene. We'd like to hear your comments and stories.
http://www.dragracingscene.com/news/...ng-legalities/ |
Re: Clear As Mud-Towing Legalities
In the article, it states the following:
"One issue with regards to obtaining the CDL could come at the time of your road test. In most states, you must take the road test with a commercially-registered vehicle. This could become a problem if you’re attempting to use your personally-registered vehicle, be it a motorhome, pick-up truck, whatever. " .........If the DOT says you have to have a CDL to use your RV or pickup to tow your box trailer, then you should be able to take the CDL test in said vehicle. If your vehicle doesn't qualify you to take the CDL road test, then the obvious answer is that you shouldn't need a CDL to drive your vehicle. Maybe some of the PA guys can chime in here, but I believe their licenses are structured differently. You get a different kind of license based on the size of your truck and trailer, but not a regular CDL. They also have to get both the truck and trailer inspected on a 6 month basis. |
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several years ago i went to the new jersey dmv to apply for my class a cdl, when i was asked why a 60 year old guy needed a class a cdl i explained to the dmv rep why, i was told "you don't need a cdl for that", i then went over to the road test area where i showed the road test officer a picture of my dualie and 26 ft trailer, he said" you can't take a road test for your class a in that"!! i said that dot specifies you will take your test in the type of equiptment you will be mostly driving, this is what i will be driving, he said you can't license for a cdl in that!! i just wish they would all get their acts together because it seems the left hand dont know what the right is doing!! around the same time i asked a new jersey state trooper friend of mine what i needed to do to be legal driving my type of equiptment, i was told besides keeping the equiptment free of any safety defects, i must license the truck for the entire weight of what i will be towing, or better said the weight i pay for the plate on my truck must be for the entire rigs total weight, truck/trailer, would seem to be just a money grab but that is how i have been doing it,now for several years, if the " you race for profit" arguement holds any water then every friggin landscaper in america should have a class a!!they don't cut grass for free!!
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Re: Clear As Mud-Towing Legalities
In 2012 I gave to the Romney campaign and within five months I get my taxes audited twice for years 2009 and 2010 by the IRS. They say that my racing is a hobby but they sure didn't think so when I had some winning seasons a few years earlier and had to pay in. Now the DMV is claiming racing is commercial if we are competing for money or have racing logos on our operations. And now in Texas they are requiring inspections for my flat bed trailer, inspections were already required for my enclosed trailer. Yet I understand no tags at all are required for flatbed trailers in Oklahoma. But a bunch of my buddies got busted for not having CDL's there if their rigs used air brakes was the charge. It's hard enough to keep up with things to comply in your own state. Heaven forbid crossing state lines to attend a race.
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Re: Clear As Mud-Towing Legalities
You think Obama is getting back at you for contributing to that campaign?? Really?? LOL
My business accountant told me claiming my racing would make me more likely to be audited. Like a business, you need to make money more years than you loose. If I win anything, I turn it in. I stopped claiming expenses. Went through that twice. That was enough. |
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Texas has some grant money that they are busy using up on inspections. They got the NHRA rigs a while back. They just like to go through the motions.
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John,
If you feel that you need a CDL license, can you address why you don't feel that you need to fill out the logbook? I can see the 100 air mile radius exemption applying to many bracket racers for their local track, but not too many Stock and Super Stock racers. Thanks, Greg |
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Jim Powers is right, the left hand does not know what the right hand is doing! I do have a class A CDL so that is not the issue.My problem is registered weight.I was told by a NJ state trooper that the truck registration had to carry the combined weight (like a commercial vehicle). But when I went to my local DMV office I was told I can't do it that way.
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Ed that was a little tongue in cheek but the truth. In fact when I was on the phone with the IRS they could tell me in real time what years I had made money back to 1999. Since that was the first year I had made money. Legally I had followed the rules paying my taxes but would have cost me way more to prove I was right than to just pay the difference. The real salt in the cut was when they also hit me with a $600.00 recalculation fee each time. Thank you sir, may I have another. BTW, if Romney would have won I would have considered it a bargain.
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After one time with them, and they questioned everything about the race car, I quit claiming any of it's expenses for my business.
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Ok, before I start this rant, I have a cdl class A.
Now we all see these Toter homes and stackers, most are longer than a tractor trailer, come on now, these guys should have a CDL ! I witnessed one in a ditch going into Darlington raceway a few years back. This guy just took the turn like he was in a pickup. This type of road equipment needs a lot of preventative maintenance, Air brakes also need to be checked and adjusted often. Without truck driving training, this is a scary thought, some jump from their Prius or smart car into this rig and on the road they go. I would love to be at the DMV just to watch the test. the first part is pre-trip, about an half hour long telling about what you would check and how things operate and function on your rig, next the skills test. I want to see these racers parallel park and straight line back. I am not saying they can't pass these test, but you should be able to identify potential problem areas and know how to handle a rig like that before you drive anywhere near me and my family on the freeway! Common sense says the average racer in his pickup and trailer should be ok. these other rigs need to be held to a cdl standard, if it walks like a duck, quacks like a duck, than it should be called a duck. Properly weighed and inspected. I think the laws and police are just trying to find the right wording and proper application for the difference in this ever evolving group of tow rigs On another note has anyone noticed Mike Coughlin's Rig? it no longer sports the Jeg's logos. I bet there is a good scales story there... |
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Delaware Motor Vehicle:
http://www.dmv.de.gov/services/drive...ThYd4YKQ.email |
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It's bad enough. Don't make it worse. It is complicated and divided between state and federal and most officers are able to ticket you for both. Get to know the law as it applies to your equipment. Most officers don't get any education on your case, and most don't get much education on DOT, CDL, and Weights and Measures. The real basics are if you title your equipment as ABC Racing, you are subject to all of it. If you title your equipment in your personal name, your are exempt from most of it. That is the big deal. The exemption in 390.f.3 in the DOT manual (which I carry) covers your stuff in most cases. As far as the IRS, they are not a factor. If in your personal name, your are not covered by DOT and you are not required to carry your tax return with you;. DOT starts at 10,000 lbs, but 390.f.3 exempts you if in your name. Weights are state, and you could be overweight on one axle only. That you probably can't get out of. In most states Motor Homes have their own tag and no weight like a commercial tractor. CDL starts at 26000 lbs, but motor homes in most cases have no weight factor. I suggest if you have a pickup and trailer, have the tag to cover the actual weight of the truck and trailer. If it's in your name, that will cover most situations. Cheap. We have well over 1000 leased commercial vehicles and people who administer this stuff and go to the updates, meetings and things like that. I also have a close friend who is the safety director and DOT administrator for Steve Kent Services. They have 300 or 400 trucks and is on a federal advisory panel. He has the contacts and as of 30 days ago, this contact (after reading the article in ND) asked 'who wrote this stuff'. 390.f.3 is fully in effect and it's there for a reason; we are not the people the police need to monitor.
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I'm told mine is 3' too long for Texas. OK in Oklahoma. Do they measure that close? Or just eye ball it?
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Length (part of weights and measures) is a state issue. I don't think there is a length restrictions on the federal regs and interstate highways. I will find out. You could be legal in one state and not in another on that item, and that is what worries a lot of racers.
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Normally I don't comment but every parts of my racing is personal and I would challange any Officer to give me a ticket but I like most racers are way over length. That becomes the problem
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So 79ft and 4in is over the limit??? I am old and I have a short rig. In my personal name all items cars included. Just saying like Jeff T what do I know
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Re: Clear As Mud-Towing Legalities
Rule #1 Don't do stupid stuff! Don't speed, try to stay out of the fast lane, do have all lights working, avoid abrupt lane changes, try to signal 45 seconds before changing lanes. Always try to minimize the reasons that the police might have to stop you.
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