DMV Crackdown - Page 4

Lou SG2340 · 08-09-2008, 01:20 PM

This is from the Federal Motor Carrier Safety Regulations reguarding CDL'S & racing concerning exemption 390.3(f)(3)
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 commerical enterprise apply to persons who occasionally use CMV to transport cars, boats, horses, etc to races, tournaments, shows or similar events, even if prize money is offered at these events?
Guidence
The exemption would apply to this kind of transporation, provided: (1) The underlining activities are not undertaken for profit,ie(a) prize money is declare as ordinary income for tax purposes, and (b) the cost of the underlying activities is not deducted as a bussiness expense for tax purposes, and, where relevant(2) corporate sponsership is not involved. Drivers must confer with their State of licensure to determine the licensing provisions to which they are subject.

In short, claim any thing you get a 1099 for & don't carry a copy of your tax return to show the officer.

AS Drag Racers we do a sport where 75% of us loose by 2ed rd. & don'tget a dime.

I carry the Federal Motor Carrier book in the motor home in case I am stopped. I have this passage marked. Have not had a problem in 10 yrs.

SS Engine Guy · 08-09-2008, 02:05 PM

I'm all for obeying the law. However, vague laws are vague for a reason. The reason is money. Has nothing to do with saftey. I see gross saftey violations everytime I drive. As with alot of issues the true spirit of the law (saftey) is sometimes cloulded by the letter of the law in order to generate revenue. If you are after saftey, then start with the companies that make trailering tires that blow every 5k miles. Trailer manufacturers that will sell a product with the knowledge that the product is too light duty for the purpose intended. The loads heading to the swap meet that are secured in an unsafe manner. The saftey chains that wouldn't keep my dog from breaking them. The customers that seek out these products because they are cheaper. The junk steel balls at the discount store.........etc. That would be too much WORK. Its easier to see the big rig racing outfit that is figured they have some expendable income so they are much easier game. One again, racers need to stick together on this one.........but we know from past experience that this won't happen. My thanks to all that have called or written the depts. of tourism and attended meetings on this subject.

Dottie DiBartolomeo · 08-09-2008, 03:27 PM

Quote:

Originally Posted by FED 387

quick question --when they talk about overall length are they measuring from bumper to bumper OR are they measuring the length of the motorhome and the enclosed (box) portion of the trailer LESS the drawbar length to arrive at the total length??? When you buy a trailer the 24 or 32 or whatever foot measurement applies to the enclosed portion or bed of the trailler NOT the actual overall length---From the very tip of the drawbar to the absolute furthest point rearward on the trailer---How are they doing it?? Comp387

Bumper to bumper is overall length.

FED 387 · 08-09-2008, 03:33 PM

Dottie--Thank you that's the way I interpreted it--Comp 387

THE LEGEND · 08-09-2008, 05:28 PM

I talked with Howard at HGR trailers(the owner) today. I've bought 5 trailers from him. He said he has been talking with the #2 man in the state on this. The problem is this guy don't even know what an enclosed trailer is.

What they want is either change the length to 75 feet or get permits. Thats good for the RV people but the GN people are still screwed, any trailer GVW over 10,000 you're going to have to go the CDL route.

Somthing very interesting, I think someone else posted this earlier, How can I get CDL's with a Dually and a GN trailer. YOU CAN'T.

I have CDL's so it won't be much of an issue for me. I just want them to tell me what to do!

Steve and Howard both are requesting eveyone show for the meeting. It is at 10:00 a.m. August 26th at Childress shop.
Chip

Mark Lewis · 08-09-2008, 05:57 PM

Where does a GN with living quarters fall in this group? Total length is about 50', truck and trailer.
mark

THE LEGEND · 08-09-2008, 07:34 PM

Mark I don't think the length will get you as much as the weight.
Chip

Lou SG2340 · 08-09-2008, 07:59 PM

Quote:

Originally Posted by 1664SSJA

I talked to ONE Trooper I know well from the Burlington area. Seems part of the take on this is too many people pulling too much with too little and going to get someone killed. THAT is why the Law is "vaguely written" as someone posted. You have a guy with a
30 FT MH Pulling 5 times what was intended. Now on some trucks the total weight is different, so therefore the law cannot be written to include every make and model. I told him about one guy who used to pull a 45 ft Living Quarter trailer with a Duallie and two cars,
( as an example) and he said that is the recipe for disaster that they are looking to avoid. Personally, he doesn't ticket unless person acts like a Moron or is going 85 MPH.

A Trooper Friend back my way actually got a case prosecuted years ago that involved an overloaded MH pulling a race car and WAY too much weight, hit a car, and killed occupants. Vehicular Manslaughter.

Still another Trooper and ex co-worker with the FHP, told me same thing on weights. They have known for years that most of these vehicles are running beyond their means, but said that NOW it is getting WAY out of control, and there has been the buzz of possible/probable deaths. He also doesn't personally ticket TOO much excpet the obvious "death traps"................ 30 Ft MH's Pulling three times what they are rated for.

The LENGTH limit didn't make sense to ANY of them, again citing that the overweight dangers are what is causing a lot of the concern. Rigs being used for things they were not made/intended/or equipped to do.

I for one do understand the concern about pulling too much with these things and don't know how they haven't done something sooner. For a lot of rigs, it's an accident waiting to happen, and it could be one of anyone's loved ones that get taken out in the process.

Exactly how much could a 30 FT MH pull and be legal still? Depends on MH, but I don't see any that are designed with the thought in mind of pulling 30 foot enclosed car trailers loaded to the max with all kinds of stuff.

Im summation between all of them..... just about ANY MH's pulling 30 ft trailers are overweight and illegal. And that if they fine for THAT, you wouldn't want to see the bill. Let alone the bill for Legal fee's if yu hurt/kill someone with one of these rigs. Food for thought I guess. Any Lawyers care to comment?

What CAN these rigs legally be pulling?

Mine is a 40ft tandum axle Motor home pulling a 17000lb stacker.I am under allowed weight on ft & rear axles . I am 1000lbs under allowed total combined weight. I do agree there are over weight rigs out there

gymracer01 · 08-09-2008, 08:08 PM

This is great to have something else to worry with. I think I'm good right now as I'm 57' but wanting to trade up to a larger motorhome and a little bigger Featherlite. Will have to see how this goes before I make a move. Seems there is something out there to nip at a racer at every turn. Hope this doesn't spread to other states. Right now the NMCA doesn't race in NC.
JIm Netherland

SS Engine Guy · 08-10-2008, 12:56 AM

Yes saftey is, or should be, the greatest concern here. Its not. If a PUBLIC SERVANT, ie: DMV,DOT,state, local or sheriffs dept enployee wanted to find saftey violations they aren't hard to find, overweight tailers, too small a tow vehicle rating, ladders not secured on trucks, crap in the back blowing out of pickups etc, etc. I could write up all the tickets in the ticket book each and every day. I agree that alot of areas are overlooked by racers. I see it at every race I attend. Write the laws in plain English, get rid of the "grey areas" (kinda sounds like a rule book) and inforce the law. No problem with that. CDL really dosen't mean anything. I have one, had it for years. Dosen't apply to my tow vehicle in the least. When I tried to get DOT #'s, as I was pulled over and told that I had to do, the head of the DOT (in my state) told me that if every truck/trailer over a certain length and weight was pulling into weigh stations that the interstates would be closed down due to congestion at the scale houses. This BS comes around every so often when someone is put in a job and told his performance is based on revenue.
It wouldn't hurt my feelings in the least that all states require inspections of tow vehicles/trailers before you can get a plate for the trailer. And have the vehicle and trailer somehow registered together. Problem is, you couldn't find the people that knew enough about the laws that they were supposed to be enforcing to do the inspections. That would require paying more salaries instead of collecting more revenue.

08-09-2008, 01:20 PM	#31
Lou SG2340 Member Join Date: May 2008 Location: Disputanta Va (30 minutes from VMP) Posts: 122 Likes: 0 Liked 0 Times in 0 Posts	Re: DMV Crackdown This is from the Federal Motor Carrier Safety Regulations reguarding CDL'S & racing concerning exemption 390.3(f)(3) 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 commerical enterprise apply to persons who occasionally use CMV to transport cars, boats, horses, etc to races, tournaments, shows or similar events, even if prize money is offered at these events? Guidence The exemption would apply to this kind of transporation, provided: (1) The underlining activities are not undertaken for profit,ie(a) prize money is declare as ordinary income for tax purposes, and (b) the cost of the underlying activities is not deducted as a bussiness expense for tax purposes, and, where relevant(2) corporate sponsership is not involved. Drivers must confer with their State of licensure to determine the licensing provisions to which they are subject. In short, claim any thing you get a 1099 for & don't carry a copy of your tax return to show the officer. AS Drag Racers we do a sport where 75% of us loose by 2ed rd. & don'tget a dime. I carry the Federal Motor Carrier book in the motor home in case I am stopped. I have this passage marked. Have not had a problem in 10 yrs.

08-09-2008, 02:05 PM	#32
SS Engine Guy Member Join Date: Sep 2003 Location: usa Posts: 256 Likes: 1 Liked 1 Time in 1 Post	Re: DMV Crackdown I'm all for obeying the law. However, vague laws are vague for a reason. The reason is money. Has nothing to do with saftey. I see gross saftey violations everytime I drive. As with alot of issues the true spirit of the law (saftey) is sometimes cloulded by the letter of the law in order to generate revenue. If you are after saftey, then start with the companies that make trailering tires that blow every 5k miles. Trailer manufacturers that will sell a product with the knowledge that the product is too light duty for the purpose intended. The loads heading to the swap meet that are secured in an unsafe manner. The saftey chains that wouldn't keep my dog from breaking them. The customers that seek out these products because they are cheaper. The junk steel balls at the discount store.........etc. That would be too much WORK. Its easier to see the big rig racing outfit that is figured they have some expendable income so they are much easier game. One again, racers need to stick together on this one.........but we know from past experience that this won't happen. My thanks to all that have called or written the depts. of tourism and attended meetings on this subject.

08-09-2008, 03:33 PM	#34
FED 387 VIP Member Join Date: Jun 2006 Posts: 3,400 Likes: 482 Liked 320 Times in 172 Posts	Re: DMV Crackdown Dottie--Thank you that's the way I interpreted it--Comp 387

08-09-2008, 05:28 PM	#35
THE LEGEND VIP Member Join Date: Aug 2002 Location: Fayetteville, n.c. Posts: 1,411 Likes: 0 Liked 1 Time in 1 Post	Re: DMV Crackdown I talked with Howard at HGR trailers(the owner) today. I've bought 5 trailers from him. He said he has been talking with the #2 man in the state on this. The problem is this guy don't even know what an enclosed trailer is. What they want is either change the length to 75 feet or get permits. Thats good for the RV people but the GN people are still screwed, any trailer GVW over 10,000 you're going to have to go the CDL route. Somthing very interesting, I think someone else posted this earlier, How can I get CDL's with a Dually and a GN trailer. YOU CAN'T. I have CDL's so it won't be much of an issue for me. I just want them to tell me what to do! Steve and Howard both are requesting eveyone show for the meeting. It is at 10:00 a.m. August 26th at Childress shop. Chip

08-09-2008, 05:57 PM	#36
Mark Lewis Member Join Date: Apr 2006 Posts: 344 Likes: 62 Liked 206 Times in 43 Posts	Re: DMV Crackdown Where does a GN with living quarters fall in this group? Total length is about 50', truck and trailer. mark

08-09-2008, 07:34 PM	#37
THE LEGEND VIP Member Join Date: Aug 2002 Location: Fayetteville, n.c. Posts: 1,411 Likes: 0 Liked 1 Time in 1 Post	Re: DMV Crackdown Mark I don't think the length will get you as much as the weight. Chip

08-09-2008, 08:08 PM	#39
gymracer01 Junior Member Join Date: Aug 2005 Location: Middle Tennesse Posts: 46 Likes: 0 Liked 0 Times in 0 Posts	Re: DMV Crackdown This is great to have something else to worry with. I think I'm good right now as I'm 57' but wanting to trade up to a larger motorhome and a little bigger Featherlite. Will have to see how this goes before I make a move. Seems there is something out there to nip at a racer at every turn. Hope this doesn't spread to other states. Right now the NMCA doesn't race in NC. JIm Netherland

08-10-2008, 12:56 AM	#40
SS Engine Guy Member Join Date: Sep 2003 Location: usa Posts: 256 Likes: 1 Liked 1 Time in 1 Post	Re: DMV Crackdown Yes saftey is, or should be, the greatest concern here. Its not. If a PUBLIC SERVANT, ie: DMV,DOT,state, local or sheriffs dept enployee wanted to find saftey violations they aren't hard to find, overweight tailers, too small a tow vehicle rating, ladders not secured on trucks, crap in the back blowing out of pickups etc, etc. I could write up all the tickets in the ticket book each and every day. I agree that alot of areas are overlooked by racers. I see it at every race I attend. Write the laws in plain English, get rid of the "grey areas" (kinda sounds like a rule book) and inforce the law. No problem with that. CDL really dosen't mean anything. I have one, had it for years. Dosen't apply to my tow vehicle in the least. When I tried to get DOT #'s, as I was pulled over and told that I had to do, the head of the DOT (in my state) told me that if every truck/trailer over a certain length and weight was pulling into weigh stations that the interstates would be closed down due to congestion at the scale houses. This BS comes around every so often when someone is put in a job and told his performance is based on revenue. It wouldn't hurt my feelings in the least that all states require inspections of tow vehicles/trailers before you can get a plate for the trailer. And have the vehicle and trailer somehow registered together. Problem is, you couldn't find the people that knew enough about the laws that they were supposed to be enforcing to do the inspections. That would require paying more salaries instead of collecting more revenue.