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-   -   At what point do you need a DOT# and a CDL? (https://classracer.com/classforum/showthread.php?t=62156)

D. Hake 4459 05-11-2016 09:19 AM

At what point do you need a DOT# and a CDL?
 
What constitutes the need for a DOT# and/or a CDL? We have a Dodge Dually and a 28' box trailer with one car in it. I haven't weighed it yet but I'm sure it comes in under 26,000lbs. Thanks, Derek

Todd Gross 05-11-2016 09:31 AM

Re: At what point do you need a DOT# and a CDL?
 
A lot of states look at it differently. But the basics are, the tow vehicle and trailer RATING needs to be under 26000 combined. That's the sticker on the truck and trailer of what it capable of, not actual weight.
Also I've been told no Sponsors logos on either. Plus truck and trailer must be privately owned. Not owned by a business or company.
Even with that, one time I was pulled over by Ohio DOT. The officer came up to my gas powered pick up truck and asked " would please step out of your tractor". I was all of the above and was still given a warning tickets for no CDL, no medical card and log book. The officer had no grounds but I had somewhere to be and was not going to challenge.
The RV thing is another can of worms.

V M Kauffman 05-11-2016 09:42 AM

Re: At what point do you need a DOT# and a CDL?
 
The quote below is Wrong. First off the DOT # is Federal Requirement you have to have the # if the tow vehicle is over 10,001 combined wght and used in a commercial use! No if ands about it it's not a state requirement but a federal requirement! Do your self a favor and read the federal rule they are on line!





Quote:

Originally Posted by JMan (Post 503197)
A lot of states look at it differently. But the basics are, the tow vehicle and trailer RATING needs to be under 26000 combined. That's the sticker on the truck and trailer of what it capable of, not actual weight.
Also I've been told no Sponsors logos on either. Plus truck and trailer must be privately owned. Not owned by a business or company.
Even with that, one time I was pulled over by Ohio DOT. The officer came up to my gas powered pick up truck and asked " would please step out of your tractor". I was all of the above and was still given a warning tickets for no CDL, no medical card and log book. The officer had no grounds but I had somewhere to be and was not going to challenge.
The RV thing is another can of worms.


kansas stocker 05-11-2016 01:46 PM

Re: At what point do you need a DOT# and a CDL?
 
Please keep in mind that it is federal law enforced by state authorities and each state seems to have their own take on the law. There is a provision in the law that allows someone that does this as a hobby and pays taxes like it is a hobby to get by without the cdl if they meet the rules Jman laid out. Applies to boats, horse trailers and racers. Kansas is short of money and made life miserable for dirt track racers for a while but have backed off somewhat.
Just my .02.
Pete

Greenlight 05-11-2016 03:06 PM

Re: At what point do you need a DOT# and a CDL?
 
Vehicles Requiring Commercial Drivers License

A. Combination of vehicles with Gross Combination Weight Rating (GCWR) of 26,001 or more pounds provided the GVWR of the vehicle(s) being towed is in excess of 10,000 pounds.

B. Single vehicle with GVWR of 26,001 or more pounds, or any such vehicle towing a vehicle not in excess of 10,000 pounds.

C. Single vehicle less that 26,001 pounds GVWR, or any such vehicle towing a vehicle not in excess of 10,000 pounds GVWR, comprising of vehicles required to be placarded for hazardous materials or any bus designed to transport 16 or more passengers including the driver.

Jim Kaekel 05-11-2016 04:22 PM

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

Originally Posted by kansas stocker (Post 503215)
Kansas is short of money
Pete

Therein lies the problem. Problem is, all of the 50 states claim to be short of money.

Dan Fahey 05-11-2016 04:42 PM

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

Originally Posted by Jim Kaekel (Post 503224)
Therein lies the problem. Problem is, all of the 50 states claim to be short of money.

Not true.
Kansas is the only one and came after Racers!!
Not the only thing Kansas did !

HR9121 05-11-2016 06:24 PM

Re: At what point do you need a DOT# and a CDL?
 
You do not have to have a CDL to drive that dually and pull anything because the GVWR is under 26,000 lbs, however if it was for commercial use or were hauling hazardous materials you would. The most that they could do would be to ticket you for being overweight if you were over the 26,000 lb threshold.

rognelson777 05-11-2016 06:43 PM

Re: At what point do you need a DOT# and a CDL?
 
Here is a how the rules can be a mess. I drive a commercial 20,000# truck, I have a medical card, no CDL, not needed. Do a local run for my boss, if you are within 150 miles {I think) of home base (place of work) you do not need to keep a log. So I know weigh station in NJ is open, but figure my truck is good because just passed PA inspection. Go through weigh station and pull me in. Feeling confident, officer looks over truck, all looks good except, uh oh, the crack in the windshield. Crack is below wiper on passenger side and is not in field of view so it passes PA inspection.

Get a ticket for $110.00. Boss says not worth fighting, pays ticket and fixes windshield because does not want hassle again

7423 05-11-2016 07:34 PM

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

Originally Posted by HR9121 (Post 503234)
You do not have to have a CDL to drive that dually and pull anything because the GVWR is under 26,000 lbs, however if it was for commercial use or were hauling hazardous materials you would. The most that they could do would be to ticket you for being overweight if you were over the 26,000 lb threshold.


If the trailer has a 10,000 or more GVW, a CDL is required, doesn't matter if you are pulling it with a Yugo. Or maybe that's just west coast rules. Any typical racecar trailer with 3 axles is over 10K GVW.

John DiBartolomeo 05-11-2016 07:42 PM

Re: At what point do you need a DOT# and a CDL?
 
It will always be a can of worms...

http://dragracingedge.com/latest-new...iler-licensing

HR9121 05-11-2016 07:50 PM

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

Originally Posted by 7423 (Post 503240)
If the trailer has a 10,000 or more GVW, a CDL is required, doesn't matter if you are pulling it with a Yugo. Or maybe that's just west coast rules. Any typical racecar trailer with 3 axles is over 10K GVW.

Wrong. We are in the trucking business so I deal with this stuff all the time. The only way you need cdl is if the combination of the truck and trailer is 26,001 or more unless transporting hazardous materials. So you would be fine with the Yugo Charlie or most any dually or 3/4 ton truck.

7423 05-11-2016 08:36 PM

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

Originally Posted by John DiBartolomeo (Post 503242)
It will always be a can of worms...

http://dragracingedge.com/latest-new...iler-licensing

Yep, ask 50 racers and get 50 different answers, very gray area subject. And every one of those 50 people think they are right. The DOT officer has that last word and even most of them do not know the real truth.

HR9121 05-11-2016 09:08 PM

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

Originally Posted by 7423 (Post 503248)
Yep, ask 50 racers and get 50 different answers, very gray area subject. And every one of those 50 people think they are right. The DOT officer has that last word and even most of them do not know the real truth.

Now that is the truth, a lot of the DOT officers use a lot of interpretation into something they don't always know.

Tony Janes 05-11-2016 09:14 PM

Re: At what point do you need a DOT# and a CDL?
 
Charlie every thing is by west coast rules, NHRA is in Glendora Ca part of the west coast

D. Hake 4459 05-11-2016 09:16 PM

Re: At what point do you need a DOT# and a CDL?
 
Thanks for the help. Looks like I have some reading to do. I checked and the truck is 10,500lbs gross and the trailer is 12,000lbs gross. It is confusing. It's like it is all up to the state you're in and the officer. Thanks again. Derek

Jeff Blanchard 05-11-2016 10:21 PM

Re: At what point do you need a DOT# and a CDL?
 
Jeff Teuton had some good information on this subject in another thread not too long ago. He referenced a section of the FMCA manual (Federal Motor Carrier something or other) that pertained to transporting personal property for other than commercial purposes. That thread dealt with the concerns mentioned here. It would be a good idea if you can find it in search. It was very informative from a person who knows. If you just try to figure it out on your own, chances are you will only get more confused.

jmantle 05-11-2016 10:31 PM

Re: At what point do you need a DOT# and a CDL?
 
I was hoping someone would bring up the motorhome thing. I have a CDL with an air brake endorsement, what we call a class 3 so that means any straight truck towing a trailer not over 10,000 lbs. I'm legal in BC but always wonder if I'm legal when I travel south. Our motorhome has what is basically a passenger car plate.

Jim Mantle V/SA 6632

Bernie Cunningham 05-11-2016 11:46 PM

Re: At what point do you need a DOT# and a CDL?
 
What I would recommend is a Non Commercial Class A licence, non CDL.

I have one after taking the test with my own equipment, using a GVWR over 26K combined. Borrow one to get it done if ya must.
There is also a requirement for a GVWR of over 16K combined that also puts you into Class A, just pick where you need to be. More is better here.

Along with the Non Commercial Class A you can get an Air brake endorsement.

There's also a bunch of confusion with all of the huge motorhomes going down the road these days. Now you have retired folks driving with lot's of weight and air brakes and a driver that holds a class C who thinks they're legal, they're not ! This is where the 16K thing came along years ago but that could be obsolete by now.

Bernie Cunningham 05-12-2016 12:03 AM

Re: At what point do you need a DOT# and a CDL?
 
I should have mentioned that when I did this, the DMV personnel went into a tail spin because they couldn't figure out what written test I needed to take.
I took one and passed but then I had to take another of lesser value to conform on that particular day. HUH !

I still reckon it's the safest way to go to cover your ***. Ca.only requires a non doctor form every two years and that takes away the commercial interrogation on the road.

BTW. I have never gone thru a scale and I have never been pulled over, I drive fast !. He He

Hope this helps

D. Hake 4459 05-12-2016 12:23 AM

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

Originally Posted by Jeff Blanchard (Post 503257)
Jeff Teuton had some good information on this subject in another thread not too long ago. He referenced a section of the FMCA manual (Federal Motor Carrier something or other) that pertained to transporting personal property for other than commercial purposes. That thread dealt with the concerns mentioned here. It would be a good idea if you can find it in search. It was very informative from a person who knows. If you just try to figure it out on your own, chances are you will only get more confused.

A friend of mine just told me about this a few hours ago. I typed in DOT code 390 F 3 and it told about this. The way it was explained to him by some DPS and/or DOT people, as long as it's not a commercial vehicle and you don't have sponsors that pay you win or lose, you should be ok. If it's a privately owned vehicle (even if it's a 40' motor home and a 30' trailer) and it's a not for profit hobby under this provision it should be exempt. He said to keep a copy of the document with you.

D. Hake 4459 05-12-2016 12:33 AM

Re: At what point do you need a DOT# and a CDL?
 
I searched up the post that was referenced by Jeff Teuton. here it is. 03-07-2016, 09:35 PM #12
Jeff Teuton
VIP Member

Join Date: Jan 2002
Location: Houma, LA
Posts: 2,392
Default Re: D.O.t. laws in Michigan?
390.3 applies. If your stuff is in your personal name, 390.3.f.3 I think it is in the DOT manual which exempts you from DOT. But length is still a state deal. You need to know and be prepared. You can race for money; specifically allowed in 390. And always remember you are not being paid to drive the rig. If your rig, pickup, whatever is in ABC Racing or some company name, you are DOT over 10,001 and subject to everything. Try this. Owner ABC Racing, Leased to Johnny Smith (personal). The end user is the responsible party.
__________________
Jeff Teuton 4022 STK
Jeff Teuton is offline

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

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 ยง390.3(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.


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