From: Glenn Shaw (shaw.glenn@verizon.net)
Date: Mon May 19 2003 - 18:39:02 PDT
Hi Ryan
Reponses within:
----- Original Message -----
From: "Ryan M Gill" <rmgill@mindspring.com>
This conflicts with the regulatory guidance. Specifically:
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"
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.
You state it above. Confer with your State DMV. All the states are not the
same exactly. They are similar.
> ANY tractor with a fifth wheel requires a Class A CDL automatically.
Bzzt. In many states you can drive a tractor with a fifth wheel to
move cut trees, farm produce and other materials within 150 miles of
your farm and not have a CDL. You can have a Class A (not a Class A
CDL) and be totally legal. There are also exemptions for doing so out
side of one's state with a permit.
In MA and most states you will find that if you are behind the wheel of a
tractor trailer you need a class A. Farm plates are another whole ball game
that I wont get into here since it really has limited applicability to the
MV hobby.
>Essentially the only thing that a private owned vehicle ** not in
commercial
>service** does not require is the DOT materials, medical card, log book
etc.
>Commercial size and type trucks not in actual commercial operations (eg.
>private only) technically can pass weigh stations but in reality if you
look
If you're not subject to the FMCSA then you don't need a CDL unless
your state says you do.
AND MA does. Most states also do so. It is in the public interest to have
drivers of heavy commercial type vehicles be qualified and having a CDL
helps to show this. License classes in most states are A B C D with no
reference to non CDL except for class D. Commercial/private issue just
triggers the Commercial Motor Vehicle Regs for DOT regulated operations.
It seems to me that if you get the CDL, you're going to be opening
additional regulatory can's of worms. An out of state Class A or B
should be valid if it's non commercial. MY state licenses me to drive
this kind of vehicle with this kind of license. Your state must honor
that based on the full faith and credit clause. Just like some states
have tiered Motorcycle licenses, out of state licenses that aren't
still must be honored.
If you are in a tractor and are non commercial and show your Class A license
from some other state we would honor it. But most states do not have these
strange NON CDL licenses anymore. They simply have Class A B C D. And the
A B C are also CDL. The DMV still knows that after you have the license to
drive a certain type of truck you will still need the DOT stuff to go
commercial carrier.
The big point here is it is easy to get the license to drive private trucks.
To not have the right papers when needed on the side of the road can be a
nightmare. The officers are not going to set up a debating society in the
gutter.
Glenn
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