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Vern396 · 09-20-2005, 07:39 AM

Marshall,

I hope the following link works:

http://www.fmcsa.dot.gov/rules-regulations/administrati...0.3&section_toc=1738

If not go to http://www.fmcsa.dot.gov and in the left colum under "Rules & Regulations" click on the link to "All Regulations." From there click on the link to "Part 390" then click the link to "Subpart 390.3 General Applicability." To see the interpretation go back to the index for Subpart 390.3 and click on the "Yes" on the right side of the link for 390.3. The "Guidance" to "Question 21" is what you are looking for. In the upper right hand side of each web page there is a "print this page" option.

Even though you donate your winnings to charity, which is very commedable, it will still be considered income by the IRS because it is paid directly to you. Generally, if money goes through your hands, the IRS considers it income and wants its tax dollars regardless of what you do with the money after you receive it. Now if the track operators will agree to pay the money directly to the charity of your choice, that may be a different story. Check with your local accountant/tax advisor. If you've already done so, just ignore me. I just don't want to see you get audited several years down the road and end up owing a bunch of back taxes, interest, fines and etc.

Fastlap brings up a very good point. There are fifty states and, as you can imagine, 50 ways to register a vehicle such as yours. Your toter probably meets the legal definition of commercial motor vehicle in your state as well as the definition of RV. It probably fits into the same definitions in all 50 states.

So how do you insure that you are legal in all 50 states? There are a few possible answers, the first of which is don't travel outside of your home state. However, that's neither pratcial nor any fun, unless you live in No. 50. The second is attept to insure you are legal in all the states in which you plan to travel. This can be expensive and nearly impossible, unless you comply with the FMCSR's and/or buy trip permits for each state and so on. Third, and closely related to the second answer, is make sure you are absolutely legal in your home state. There is a principal of law known as full faith and credit wherein the states agree to honor each others laws. What this boils down to is that if your legally registered in your state of residnece, then you should be legal in all 50 states. This principal among others is what allows us to drive our cars from state to state without having to stop at the border to obtain a license and registration to travel through the state. However, even if your legal in your state, its not to say that some DOT officer in another state is not going to give you a hard time.

You indicated that the standard answer you recived when you talked to your local DOT, etc., was "Don't Know." First, don't depend on the person behind the counter to give you the correct answer to what's legal. Chances are they don't have a clue what the vehicle registration law is in your state. For example, I'll bet that more than half of the pick up trucks in my state that are 3/4 ton and above are improperly registered and licensed because the people behind the counter don't know the law. Second, go straight to the powers that be. Write the director or head of the department of your state government that handles vehicle registration. If that don't work, write the attorney general. Finally, if all elese fails, write the governor and tell him or her that nobody in his or her state can, or is willing, tell you how to be legal.

09-20-2005, 07:39 AM	#8
Vern396 Junior Member Join Date: Mar 2005 Location: Tornado, WV Posts: 13	Marshall, I hope the following link works: http://www.fmcsa.dot.gov/rules-regulations/administrati...0.3&section_toc=1738 If not go to http://www.fmcsa.dot.gov and in the left colum under "Rules & Regulations" click on the link to "All Regulations." From there click on the link to "Part 390" then click the link to "Subpart 390.3 General Applicability." To see the interpretation go back to the index for Subpart 390.3 and click on the "Yes" on the right side of the link for 390.3. The "Guidance" to "Question 21" is what you are looking for. In the upper right hand side of each web page there is a "print this page" option. Even though you donate your winnings to charity, which is very commedable, it will still be considered income by the IRS because it is paid directly to you. Generally, if money goes through your hands, the IRS considers it income and wants its tax dollars regardless of what you do with the money after you receive it. Now if the track operators will agree to pay the money directly to the charity of your choice, that may be a different story. Check with your local accountant/tax advisor. If you've already done so, just ignore me. I just don't want to see you get audited several years down the road and end up owing a bunch of back taxes, interest, fines and etc. Fastlap brings up a very good point. There are fifty states and, as you can imagine, 50 ways to register a vehicle such as yours. Your toter probably meets the legal definition of commercial motor vehicle in your state as well as the definition of RV. It probably fits into the same definitions in all 50 states. So how do you insure that you are legal in all 50 states? There are a few possible answers, the first of which is don't travel outside of your home state. However, that's neither pratcial nor any fun, unless you live in No. 50. The second is attept to insure you are legal in all the states in which you plan to travel. This can be expensive and nearly impossible, unless you comply with the FMCSR's and/or buy trip permits for each state and so on. Third, and closely related to the second answer, is make sure you are absolutely legal in your home state. There is a principal of law known as full faith and credit wherein the states agree to honor each others laws. What this boils down to is that if your legally registered in your state of residnece, then you should be legal in all 50 states. This principal among others is what allows us to drive our cars from state to state without having to stop at the border to obtain a license and registration to travel through the state. However, even if your legal in your state, its not to say that some DOT officer in another state is not going to give you a hard time. You indicated that the standard answer you recived when you talked to your local DOT, etc., was "Don't Know." First, don't depend on the person behind the counter to give you the correct answer to what's legal. Chances are they don't have a clue what the vehicle registration law is in your state. For example, I'll bet that more than half of the pick up trucks in my state that are 3/4 ton and above are improperly registered and licensed because the people behind the counter don't know the law. Second, go straight to the powers that be. Write the director or head of the department of your state government that handles vehicle registration. If that don't work, write the attorney general. Finally, if all elese fails, write the governor and tell him or her that nobody in his or her state can, or is willing, tell you how to be legal.