Re: DOT gonna get you

From: Michael Howell (doctormv@frontiernet.net)
Date: Wed Dec 14 2005 - 17:26:24 PST


Quoting Ryan Gill
>
> 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
> ----------------------------------------------------------

I can actually understand that statement and since my accountant has
told me I can't deduct my MV hobby expenses it must really be a hobby.
:-)

Mike
Tishomingo, Mississippi



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