Re: DOT gonna get you

From: Ryan Gill (rmgill@mindspring.com)
Date: Wed Dec 14 2005 - 13:53:41 PST


At 2:08 PM -0600 12/14/05, Michael Howell wrote:
>The main problem I see in all of this is the
>definition of commerce/ business. For the IRS
>you have to show a profit 3 out of five years.
>I for one, can not show that with my MV hobby.

Income or Loss. Not profit. Is the change of
funds declared as "business" related funds?

Federally, its NOT the Weight. It's the use. That's what makes it commercial.

From my letter from Donald B. Harris, Driver
Qualification Specialist, for the Federal Motor
Carrier Safety Administration.

The exemption contained in Section 390.3(f)(3)
for occasional transportation of personal
property by individuals not for compensation nor
in the furtherance of a commercial enterprise
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. If ALL of the above listed
conditions are met, the driver and vehicle would
not be subject to Parts 390-396 of the Federal
Motor Carrier Safety Regulations.

Then there's part 383. Which starts out in the
383.3 (a) Applicability portion that states, The
rule sin this part apply to every person who
operates a commercial motor vehicle (CMV) in
interstate, foreign, or intrastate commerce, to
all employers of such persona and to all States.

         A 5 ton driven for hobby purposes is not
involved in Commerce. It's not business related.

-- 
--
Ryan Gill              rmgill@SPAMmindspring.com
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            I speak not for CNN, nor they for me.
       But I do work there and still like the company.
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   |s|\        /|s|   |s|/BSV 575\|s|   |x|-\|     |/-|x| 
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'60 Daimler Ferret '42 Daimler Dingo '42 Humber MkIV (1/2)
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