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Vern396 · 08-15-2005, 02:20 PM

Mike,

What gets you into having to comply with the Federal Motor Carrier Safety Regulations ("FMCSR") is your intended use of the vehicle for a "commercial purpose."

There is a provision in 49 CFR 390.3(f)(3)and its interpretation that exempts "individuals" from having to comply with the FMCSRs (except the CDL and DOT physical requirements), so long as they are not operating for a commercial purpose. Essentially, this exemption indicates that an individual who is using their own CMV to transport their own possessions, such as race cars, boats, and horses to sporting events where prize money is awarded, are exempt from the FMCSRs so long as they are not doing so for a commercial purpose. The interpretation of 49 CFR 390.3(f)(3) indicates that so long as you are declaring any prize money, etc., recived as regular income, are not deducting expenses, and do not have "corporate sponsership," you are not operating for a commercial purpose and are exempt from the FMCSRs. Nevertheless, you still have to have a CDL and DOT physical. The regs also leave it up to the states as to how to license such vehicles. In WV, this equates to a class B truck license because the apportioned license and IFTA require you to be a business. I live in WV and have been operating under this provision for two years now, but will soon be converting my truck to an RV.

Given that you plan on running a business, you will have to comply with the FMCSRs, most likely as a "Private Carrier" because you will only be using the vehicle to transport your own possessions as opposed to the possossions of others "For Hire." Check out the Federal Motor Carrier Safety Administration's web page at http://www.fmcsa.dot.gov. It has links to the various regulations and an excelent Q&A section that will guide you as to the particular type of operating authority you will need to properly operate your business. You also need to contact the WV PSC to register and the IRP/IFTA section of the WVDMV to obtain your license.

08-15-2005, 02:20 PM	#4
Vern396 Junior Member Join Date: Mar 2005 Location: Tornado, WV Posts: 13	Mike, What gets you into having to comply with the Federal Motor Carrier Safety Regulations ("FMCSR") is your intended use of the vehicle for a "commercial purpose." There is a provision in 49 CFR 390.3(f)(3)and its interpretation that exempts "individuals" from having to comply with the FMCSRs (except the CDL and DOT physical requirements), so long as they are not operating for a commercial purpose. Essentially, this exemption indicates that an individual who is using their own CMV to transport their own possessions, such as race cars, boats, and horses to sporting events where prize money is awarded, are exempt from the FMCSRs so long as they are not doing so for a commercial purpose. The interpretation of 49 CFR 390.3(f)(3) indicates that so long as you are declaring any prize money, etc., recived as regular income, are not deducting expenses, and do not have "corporate sponsership," you are not operating for a commercial purpose and are exempt from the FMCSRs. Nevertheless, you still have to have a CDL and DOT physical. The regs also leave it up to the states as to how to license such vehicles. In WV, this equates to a class B truck license because the apportioned license and IFTA require you to be a business. I live in WV and have been operating under this provision for two years now, but will soon be converting my truck to an RV. Given that you plan on running a business, you will have to comply with the FMCSRs, most likely as a "Private Carrier" because you will only be using the vehicle to transport your own possessions as opposed to the possossions of others "For Hire." Check out the Federal Motor Carrier Safety Administration's web page at http://www.fmcsa.dot.gov. It has links to the various regulations and an excelent Q&A section that will guide you as to the particular type of operating authority you will need to properly operate your business. You also need to contact the WV PSC to register and the IRP/IFTA section of the WVDMV to obtain your license.