Re: [MV] CDL's & MV's VERY LONG hit DELETE NOW

From: Jon Shoop (shoop19@brick.net)
Date: Fri Apr 29 2005 - 07:25:42 PDT


I run into that......

Freightliner and 53 foot drop deck to haul my own stuff to shows.

No commerce, no profit, no bisiness..Hobby only.

Have class A, pay a ton of insurance...beyond local plates....costs a
fortune......but the scale guys see the cab and the not for hire, military
vehicle collector stuff and wave me on through.......

Not a bad deal...just expensive!

Jon
----- Original Message -----
From: "Ryan Gill" <rmgill@mindspring.com>
To: "Military Vehicles Mailing List" <mil-veh@mil-veh.org>
Sent: Friday, April 29, 2005 1:16 AM
Subject: Re: [MV] CDL's & MV's VERY LONG hit DELETE NOW

> At 11:53 PM -0400 4/28/05, Bill Kealey wrote:
>
> >Anything larger, regardless of how it is
> >registered, I believe must also include a CDL
> >for the driver.
>
> NO. I have stated this before and I'll state it
> again. Read the federal regulations. They do not
> hinge on equipment for the final determination of
> CDL requirements under federal law. They hinge on
> use. Read the FMCSR 390.3 (f). Read the guidance.
>
> The manuals are good for the normal stuff, but
> out vehicles are abnormal. They are
> non-commercial on the basis of not being used for
> commerce or for a business venture. Use a 5 ton
> for moving something for a business and you're
> commercial. Use a Deuce for moving logs and
> you're commercial (and you'll likely need a CDL
> or at least some of the red tape that goes along
> with commercial, like Bjorn's DOT number). If I
> get an over the road tractor and drive it with a
> race car that I use that has no sponsorship on
> it, I'm not commercial. That's per the federal
> rules. I have to declare my prize money as normal
> income if I win money at a race. The same goes
> for horses. Have a farm as a business and go
> beyond 150 miles, and you need a CDL because it's
> a business and you're going beyond the normal
> scope allowed by the Federal regs.
>
> Now, if I'm a snap on tool guy and I get a
> 40,000lb motorhome and tow a 12,000 lb trailer
> behind it, I need a Class A CDL regardless of it
> being a motorhome. Because I'm engaging in a
> business persuit. Even if I loose money at it, I
> still have to have a CDL. Business or not is the
> difference.
>
> Your states may allow for the loophole they may
> not. North Carolina does. Some states don't
> realize they hve the loophole, but the guys at
> the Federal Motor Carrier Safety Administration
> have specifically clarified that the Federal
> Requirements do NOT make a Military 5 ton
> Commercial and require a CDL. They still class it
> as a CMV based on size, but it's use puts it
> outside their scope and they don't regulate you.
> No DOT number, no CDL requirement, no medical
> card, etc. If your state is more strict, then
> they might. A state could require a CDL for a
> Motorhome if they want, but the Feds will
> discourage that. That state would also be asking
> for problems if they tried to enforce such on out
> of state drivers.
> --
> --
> Ryan Gill rmgill@SPAMmindspring.com
> ----------------------------------------------------------
> I speak not for CNN, nor they for me.
> But I do work there and still like the company.
> ----------------------------------------------------------
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