Truck Conversion & Toterhome Community - View Single Post

Vern396 · 08-18-2005, 02:37 PM

Mike,

Glad to point you in the right direction. However, this is only the begining. As you will soon figure out,if you don't already know, there are many governmental agencies, both state and federal, that are going to want a piece of your action, i.e., tax dollars from the money your planned business will earn. It seems like when you run a business, and especially one involving the use of a Commercial Motor Vehicle (CMV), every bureaucrat in the country wants to put his or her hands in your hip pocket. Some examples include the federal highway heavy use tax, the International Registration Plan (IRP), and the International Fuel Tax Agreement(IFTA)that are applcable to CMVs. The tax burden and reporting requirements associated with these can be reduced, if you pay particular attention to how you register your CMV. Yes, I said your CMV.

Though you plan on buying a Toterhome which arguably can be registered as an RV (WV says that if it has a commercial type fith-wheel, it is not an RV), the law enforcement types I have spoken to have indicated to me that they will treat such vehicles as CMVs if you are running a business. I have also been informed that the law enforcement officals in North and South Carolina, where NASCAR is prevelant, believe that if a vehicle is over 10,000 lbs. and is towing a trailer, it is a CMV, regardless of what the registration says, and require you to have a CDL, log book, and etc. I haven't had an opportunity, professionally or through my racing, to argue the exception in 49 CFR 390.3(f)(3) with them yet and hope to never have to. Essentially, if it looks like a CMV, sounds like a CMV and smells like a CMV, they are going to treat it that way and will put you out of service in addtion to writing you several citations for a bunch of money, and possibly, impound your rig and trialer pending your court date. In effect they believe in shooting first, and asking questions later. I'm certain that law enforcement types in other states will act accordingly, and I shutter to imagine what the peoples republic of California would do

Have I scared you yet?

Since you are planning on running a business, I belive it would be a lot safer, and cheaper, in the long run to just obtain your private carrier authority, assuming you don't plan to haul things for other people, and comply with the many laws and regulations that are applicable to CMVs.

Some other things to investigate before you buy a truck, whatever type, and start your business. Are the federal and state bridge law formulas, and lenth restrictions. It will do you no good to buy something that will be illegal to operate in most, if not all, of the states you plan to operate in.

It sounds like you have already considered many of these things and are headed in the right direction. Just remeber, its often the question unasked or the law unknown that is the undoing of man.

08-18-2005, 02:37 PM	#6
Vern396 Junior Member Join Date: Mar 2005 Location: Tornado, WV Posts: 13	Mike, Glad to point you in the right direction. However, this is only the begining. As you will soon figure out,if you don't already know, there are many governmental agencies, both state and federal, that are going to want a piece of your action, i.e., tax dollars from the money your planned business will earn. It seems like when you run a business, and especially one involving the use of a Commercial Motor Vehicle (CMV), every bureaucrat in the country wants to put his or her hands in your hip pocket. Some examples include the federal highway heavy use tax, the International Registration Plan (IRP), and the International Fuel Tax Agreement(IFTA)that are applcable to CMVs. The tax burden and reporting requirements associated with these can be reduced, if you pay particular attention to how you register your CMV. Yes, I said your CMV. Though you plan on buying a Toterhome which arguably can be registered as an RV (WV says that if it has a commercial type fith-wheel, it is not an RV), the law enforcement types I have spoken to have indicated to me that they will treat such vehicles as CMVs if you are running a business. I have also been informed that the law enforcement officals in North and South Carolina, where NASCAR is prevelant, believe that if a vehicle is over 10,000 lbs. and is towing a trailer, it is a CMV, regardless of what the registration says, and require you to have a CDL, log book, and etc. I haven't had an opportunity, professionally or through my racing, to argue the exception in 49 CFR 390.3(f)(3) with them yet and hope to never have to. Essentially, if it looks like a CMV, sounds like a CMV and smells like a CMV, they are going to treat it that way and will put you out of service in addtion to writing you several citations for a bunch of money, and possibly, impound your rig and trialer pending your court date. In effect they believe in shooting first, and asking questions later. I'm certain that law enforcement types in other states will act accordingly, and I shutter to imagine what the peoples republic of California would do Have I scared you yet? Since you are planning on running a business, I belive it would be a lot safer, and cheaper, in the long run to just obtain your private carrier authority, assuming you don't plan to haul things for other people, and comply with the many laws and regulations that are applicable to CMVs. Some other things to investigate before you buy a truck, whatever type, and start your business. Are the federal and state bridge law formulas, and lenth restrictions. It will do you no good to buy something that will be illegal to operate in most, if not all, of the states you plan to operate in. It sounds like you have already considered many of these things and are headed in the right direction. Just remeber, its often the question unasked or the law unknown that is the undoing of man.