From: Ryan M Gill (rmgill@mindspring.com)
Date: Fri May 17 2002 - 09:07:29 PDT
Two interesting site for further information and verification of the code...
A historic truck club's website discusses this...
http://clubs.hemmings.com/arizonaaths/trucks/gotcha.html
NY calls this a Non-CDL Class C (26,000 and less and trailer of 10,000 or less)
http://www.nydmv.state.ny.us/forms/cdl101.pdf
A forum of people that have Motor Coaches of the much larger size...
http://www.rv.net/forums/index.cfm/fuseaction/thread/CFB/1/Tid/189295/DoOnePage/Yes.cfm
Texas's Types of non CDL class A's and B's.
http://www.txdps.state.tx.us/administration/driver_licensing_control/license_issuance/cdl.htm
And finally I just talked to a fellow at the Georgia office for the
Federal Motor Carrier Safty Administration office about this. There
is a specific area where this is all addressed.
http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/390reg.htm
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.
Further, is
Question 5: A driver used by a motor carrier operates a CMV
to and from his/her residence out of State. Is this considered
interstate commerce?
Guidance: If the driver is operating a CMV at the direction
of the motor carrier, it is considered interstate commerce and is
subject to the FMCSRs. If the motor carrier is allowing the driver to
use the vehicle for private personal transportation, such
transportation is not subject to the FMCSRs.
This would seem to indicate that one can operate a CMV "borrowed"
from a Common Carrier for Private use. I'm not immediately looking at
this route, so, I'm not going to investigate this in depth.
--
Ryan Gill rmgill@SPAMmindspring.com
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