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Tractor Transporting Discussion Forum

Re: Does a trailer over 10,000 lbs require a CDL

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400Dtractorman

07-10-2012 20:25:51
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John in La and Butch(OH). A Pa DOT officer told me the same thing about trophy's and pulling for money. The Maryland DOT officer told me he didn't care about trophy's. My opionion is if your going out of state and they give trophys doesn't mean you have to accept it. I think I would have to go to court on that one. Maybe someone did in Maryland and that's why the Md DOT officer said it doesn't matter. What do you think?

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Bret4207

08-05-2012 07:29:06
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 Re: Does a trailer over 10,000 lbs require a CDL in reply to 400Dtractorman, 07-10-2012 20:25:51  
If it's a "commercial enterprise" then you are in commerce. A trophy is "compensation for an act" as it was explained to me by a guy who sits on the FMCSA board. Therefore, in his view, any competitive show, pull, race is commercial. In the strict sense, that's a commercial enterprise vs something like a local show with no prizes. I think FMCSA needs to some out with a more robust set of guidelines on this.

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JimEvans

07-11-2012 17:23:12
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 Re: Does a trailer over 10,000 lbs require a CDL in reply to 400Dtractorman, 07-10-2012 20:25:51  
Quoting Removed, click Modern View to see

It is best to know the law and carry copies with you. We do not need a CDL or DOT numbers to haul our tractors to shows if we are under 26,000 GCVWR. Here is what the book says, along with an official interpretation.

http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=390.3

Specifically, 390.3(f) Exceptions. Unless otherwise specifically provided, the rules in this subchapter do not apply to -

(f)(3) The occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise;

Even with the Guidance below, supplied by the Federal Motor Carrier Safety Administration, hobbyists are being stopped and cited by enforcement officers.

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.

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Bret4207

08-06-2012 06:36:20
64.19.90.196



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 Re: Does a trailer over 10,000 lbs require a CDL in reply to JimEvans, 07-11-2012 17:23:12  
Jim, that's the Federal end of it. Your state may have it's own laws on that you need to look into.



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