Quote:
Originally Posted by Jeff Teuton
Joe Lisa, that trooper is absolutely wrong based on DOT reg 390 (f)(3) which specifically allows boats, horse trailer, race cars as exempt from DOT even if money is involved. I will try to post that section. It's small, but it is part of the regs. Now if your stuff is titled in a company name, you are DOT. All my stuff is in my personal name. Excuse me; it is 390.3(f)(3) and I have it in my hand. Someone tell me how to get from a scanner to this channel and I will post it.
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About halfway down on this page is the specific guidance for our racing activities:
http://www.fmcsa.dot.gov/rules-regul...0.3&guidence=Y
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.