Truck Conversion & Toterhome Community - View Single Post - Caution to anyone towing for competition or where you get a payoff including a trophy

Kirk · 12-03-2005, 09:45 PM

Not sure how many if anyone here hauls any competition toys but just thought I would pass this on.

"Found this on RDC
http://www.race-dezert.com/forum/showthread.php?t=15921

Anyone else hear of this BS. Makes me think twice before getting a 40' GN to tow the truck around in....

Found this post on another website,,,found it interesting....Thought I would pass it along as I haven't heard of this....

Quote:
I spent the better half of my day off, sitting down with both State & U.S. DOT officials, reviewing what the current and future laws,restrictions fall under a ATV racer who transports a race quad from state to state by means of a motor vehicle towing a trailer.

The term "Sponsorship" defined by DOT officials, rule it as to sponsor something is to support an event, activity, person or organization by providing money or other resources in exchange for something, usually advertising or publicity, and always access to an audience that earns popularity and relies on income from sponsorship advertising.

So what's this mean? technically your vehicle,ATV and or trailer displaying sponsor graphics is a commercial operation. Requiring you to obtain a " B Class CDL" not based off the weight classification over 26,000 LBS or a trailer that weighs over 10,000 LBS. They view as if your a traveling bil board.

This brings up a loophole that's gonna get closed real soon, toter homes, they are big, carry lots of weight, have huge gvw's and are registered as motor homes, and revc vehicles and towing all over the country, in huge trailers.

They are currently exempt from weigh stations, and cdl's and logs, but not for long, the DOT is getting their stuff together, and they will be stopped and cited soon! Time is coming..............soon!

Until recentely I've started to see more and more race transporters displaying sponsor graphics being pulled over and cited

Failure to have a Log book and follow the hours of service laws. No USDOT Numbers on the vehicle. No commercial insurance policy and commercial registraion.

Just FYI, if you have RV insurance you better read your policy. If there is even the smell of commercial activity, any sponsor graphics on the side, they will pay NOTHING! You should also be stopping at all the scales. Then you need to get IFTA stickers and pay fuel taxes. And don't forget about your Med Card you need to renew every 2 years because you cross state lines. Oh yeah, and the drug testing!

Don't get pissed off with the and start bashing Police or State trooper over this issue, we inforce what is written by your peers you voted for. Will I enforce this? by law I am required too. But.....I did not see you.

More to follow. I have a second set of meetings today with the Federal Motor Carrier Safety Administration to start federal appeals.

Now the DOT is messing with racers

7/8/05

had a different article ready to send to Jeff for this month but I deleted it after I made about 7 phone calls that pertained to a situation that a friend of mine went through. What I am about to write about could possibly affect EVERY RACER who races for a cash purse or deducts the expenses and show the incomes they get from racing.

I will start by telling you a short story that involves a good friend and a guy who wouldn't have the "attitude" that might cause a Department of Transportation enforcement officer to be an ***. If anything, I would say this racer would probably accommodate the officer and ask what he needed to be doing differently. The next series of events came about as close to leaving me speechless as the "contingency thing."

Here is this racer towing down the highway minding his own business with his standard cab Dodge dually and 30' fifth-wheel enclosed trailer with a dragster inside. The lights come on behind him and he pulls over. Not sure why he is pulled over he just sits and waits, as an excuse isn't needed. The DOT Enforcement Officer is polite enough and asks for his driver's license and registration. No big deal so far. A few minutes later he asks for the trailer registration (no problem, got that), a driver's logbook (uh-oh!), a medical card and the commercial registration for the truck (double uh-oh!). About now he asks why all that stuff is needed. The response is the part that scares me and should scare you as well.

Before I go into some more details...check this part out. Since this racer had no logbook (do any of us?) the DOT Officer informs him he had to park the trailer for 10 hours since there is no way he can be sure this racer has driven more than the allowed 14 hours that day. ADVERTISEMENT

He told the racer to follow him to the DOT scale area and that he had to park the trailer, unhook and leave the area!!! Let's see, no insurance on the racecar and parts, no security to keep an eye on it and the DOT told him they are not responsible. You cannot stay there to protect it. How often would you leave your race trailer, race car and tools sitting at a weigh station for 10 hours and you not be there? That bothers me more than meeting the requirements. What do you think?

The DOT officer then goes into the whole deal about commercial businesses and what determines them from a hobby, etc, etc. Bottom line, towing your race car to the races where you race for cash is now determined to be a commercial enterprise. This occurred in Wisconsin and I thought it might be a strange law there. I called the Iowa DOT and they explained it the same way. If you weigh over 10,000 pounds (truck, trailer and cargo) you are determined to be a commercial enterprise if you race for money and or deduct your racing expenses from your IRS taxes and show the winnings on a an IRS #1099.

You can call it a hobby and probably lie to the DOT officer about it being a hobby, but if he makes the right calls you'd better not tell him you race for trophies when he finds out where you are going or coming from. The officer I talked to also said if they run into a hassle they have the authority to make arrests, have trailers and trucks towed, etc, etc. In other words, these guys have all the power they need to enforce the law, as they or their superiors understand it.

I also asked this officer if putting on labels such as "Not For Hire" or "Recreational Vehicle" made vehicles exempt. His answer was short, "No." A vehicle is either going to be considered a commercial vehicle or it isn't.

I am pretty sure most states will be following these same guidelines and at the very least you need to check them out. Each state DOT should have a website or be listed in the State Government Offices in your phone book.

Breaking it down: I received a 65-page document via email from the Iowa DOT that outlined this whole scenario. These are the basics as close as I can get to understanding it all. I do feel it is important for each of you to look into this in your state and be prepared. You may never be checked but then again, YOU MAY BE NEXT!

BASIC REQUIREMENTS AND SOME Q & A:

Who must comply? For-hire motor carrier – A person or business that provides transportations of persons or property in exchange for any form of compensation or payment. When I quizzed them about what that meant they responded with this response. If you have decals or sponsor names on the car or trailer and you race with the chance or plan to win money it is commercial. If you deduct the racing expenses and show race income on your taxes it is commercial.

What is a commercial vehicle? Any self-propelled or towed vehicle used on a highway in intrastate and interstate commerce to transport passengers or property when the vehicle:
- has a gross vehicle weight rating, gross combined weight rating. Gross weight or gross combined weight greater than 10,000 pounds; or
- is designed to transport more than eight passengers for compensation; or
- is designed or used to transport more than 15 passengers and is not used to transport passengers for compensation; or
- is used to transport hazardous materials in quantities requiring placards.

Logbooks/Hours of Service Drivers of commercial vehicles are subject to driving time limits as set forth in Part 395 of the Federal Motor Carriers Safety Regulations. The federal rules provide for three driving time rules that are in effect simultaneously.
- After a 100-hour break, a driver shall not drive more than 11 hours.
- After a 10-hour break, a driver shall not drive after 14 consecutive hours.
A driver shall not drive after completing 60 hours on duty in seven days, or 70 hours on duty in 8 days, unless the 34-consecutive-hour-restart provisions have been met.

Unless excepted, drivers must have a logbook which is current to the last change in status in their possession when on-duty. When on-duty, a driver must make the logbook available for inspection by any law enforcement officer.

There is an exception for local travel, it is called the 100-mile-radius Exemption. As the name indicates it is for traveling within a 100-mile radius of the driver or owners base of operation.

Fire extinguishers, triangle reflectors, fuses, inspections Each vehicle must have a minimum of a 5 lb. B-C fire extinguisher in an area clearly marked, three triangular reflectors that can be set up behind vehicle in the event of a breakdown are required. Spare fuses that match each circuit are required. Pre-Trip Inspection sheet should ALWAYS be filled out and kept in the logbook. Just a simple listing of what was checked will do; lights, turn signals, tire pressures, brake pedal and steering feel, hitch and safety chains, break-away battery and switch and trailer tires and lights.

Driver Qualifications/Medical Card There were forms on each state's websites for Medical Card qualifications and forms for the physicals. Drivers must have a valid driver's license for class of vehicle being operated, medical examiner's certificate and skill performance evaluation (waiver if required).

There is a lot more to this, and there are a lot of opinions on this as well. All I can say for now is I was very surprised by the firm responses I got from the DOT Officers and their resolve that they know most racing operations are rated as commercial enterprises. I would have to agree they are commercial in nature because we can go to races that pay from $500 to $50,000 to win an event. With the tow rigs and trailers getting larger and larger and more valuable, it is very common for racers to take advantage of certain IRS rules and depreciate these big-ticket items on the annual IRS filings.

I will look further into this but in this first installment I just wanted to make sure as many of you as possible are alerted to what is going on.

Personally, I am going to get the DOT reflective triangles, another fire extinguisher, a DOT physical and definitely start keeping a logbook, so I don't get pulled over for 10 hours and possibly lose my "day job" because I can't be there Monday morning. Quite a bit to consider, that's for sure. I invite your comments and any experiences you may have had with these matters. Just consider one thing, the next guy they pull over and tell them to leave their trailer at the weigh station MIGHT BE YOU.

I have to admit I hate the thought of more government invasions into my life but it goes hand in hand with how things are headed, I guess. At least we still have the freedom to go racing and burn up $7 per gallon race fuel... "

Heres the link to the whole thread http://www.pirate4x4.com/forum/showthread.php?t=416059 . This is off of a 4x4 forum that I am a part of. Just thought I would pass the info on.

~Kirk

12-03-2005, 09:45 PM	#1
Kirk Junior Member Join Date: Nov 2005 Posts: 22	Not sure how many if anyone here hauls any competition toys but just thought I would pass this on. "Found this on RDC http://www.race-dezert.com/forum/showthread.php?t=15921 Anyone else hear of this BS. Makes me think twice before getting a 40' GN to tow the truck around in.... Found this post on another website,,,found it interesting....Thought I would pass it along as I haven't heard of this.... Quote: I spent the better half of my day off, sitting down with both State & U.S. DOT officials, reviewing what the current and future laws,restrictions fall under a ATV racer who transports a race quad from state to state by means of a motor vehicle towing a trailer. The term "Sponsorship" defined by DOT officials, rule it as to sponsor something is to support an event, activity, person or organization by providing money or other resources in exchange for something, usually advertising or publicity, and always access to an audience that earns popularity and relies on income from sponsorship advertising. So what's this mean? technically your vehicle,ATV and or trailer displaying sponsor graphics is a commercial operation. Requiring you to obtain a " B Class CDL" not based off the weight classification over 26,000 LBS or a trailer that weighs over 10,000 LBS. They view as if your a traveling bil board. This brings up a loophole that's gonna get closed real soon, toter homes, they are big, carry lots of weight, have huge gvw's and are registered as motor homes, and revc vehicles and towing all over the country, in huge trailers. They are currently exempt from weigh stations, and cdl's and logs, but not for long, the DOT is getting their stuff together, and they will be stopped and cited soon! Time is coming..............soon! Until recentely I've started to see more and more race transporters displaying sponsor graphics being pulled over and cited Failure to have a Log book and follow the hours of service laws. No USDOT Numbers on the vehicle. No commercial insurance policy and commercial registraion. Just FYI, if you have RV insurance you better read your policy. If there is even the smell of commercial activity, any sponsor graphics on the side, they will pay NOTHING! You should also be stopping at all the scales. Then you need to get IFTA stickers and pay fuel taxes. And don't forget about your Med Card you need to renew every 2 years because you cross state lines. Oh yeah, and the drug testing! Don't get pissed off with the and start bashing Police or State trooper over this issue, we inforce what is written by your peers you voted for. Will I enforce this? by law I am required too. But.....I did not see you. More to follow. I have a second set of meetings today with the Federal Motor Carrier Safety Administration to start federal appeals. Now the DOT is messing with racers 7/8/05 had a different article ready to send to Jeff for this month but I deleted it after I made about 7 phone calls that pertained to a situation that a friend of mine went through. What I am about to write about could possibly affect EVERY RACER who races for a cash purse or deducts the expenses and show the incomes they get from racing. I will start by telling you a short story that involves a good friend and a guy who wouldn't have the "attitude" that might cause a Department of Transportation enforcement officer to be an ***. If anything, I would say this racer would probably accommodate the officer and ask what he needed to be doing differently. The next series of events came about as close to leaving me speechless as the "contingency thing." Here is this racer towing down the highway minding his own business with his standard cab Dodge dually and 30' fifth-wheel enclosed trailer with a dragster inside. The lights come on behind him and he pulls over. Not sure why he is pulled over he just sits and waits, as an excuse isn't needed. The DOT Enforcement Officer is polite enough and asks for his driver's license and registration. No big deal so far. A few minutes later he asks for the trailer registration (no problem, got that), a driver's logbook (uh-oh!), a medical card and the commercial registration for the truck (double uh-oh!). About now he asks why all that stuff is needed. The response is the part that scares me and should scare you as well. Before I go into some more details...check this part out. Since this racer had no logbook (do any of us?) the DOT Officer informs him he had to park the trailer for 10 hours since there is no way he can be sure this racer has driven more than the allowed 14 hours that day. ADVERTISEMENT He told the racer to follow him to the DOT scale area and that he had to park the trailer, unhook and leave the area!!! Let's see, no insurance on the racecar and parts, no security to keep an eye on it and the DOT told him they are not responsible. You cannot stay there to protect it. How often would you leave your race trailer, race car and tools sitting at a weigh station for 10 hours and you not be there? That bothers me more than meeting the requirements. What do you think? The DOT officer then goes into the whole deal about commercial businesses and what determines them from a hobby, etc, etc. Bottom line, towing your race car to the races where you race for cash is now determined to be a commercial enterprise. This occurred in Wisconsin and I thought it might be a strange law there. I called the Iowa DOT and they explained it the same way. If you weigh over 10,000 pounds (truck, trailer and cargo) you are determined to be a commercial enterprise if you race for money and or deduct your racing expenses from your IRS taxes and show the winnings on a an IRS #1099. You can call it a hobby and probably lie to the DOT officer about it being a hobby, but if he makes the right calls you'd better not tell him you race for trophies when he finds out where you are going or coming from. The officer I talked to also said if they run into a hassle they have the authority to make arrests, have trailers and trucks towed, etc, etc. In other words, these guys have all the power they need to enforce the law, as they or their superiors understand it. I also asked this officer if putting on labels such as "Not For Hire" or "Recreational Vehicle" made vehicles exempt. His answer was short, "No." A vehicle is either going to be considered a commercial vehicle or it isn't. I am pretty sure most states will be following these same guidelines and at the very least you need to check them out. Each state DOT should have a website or be listed in the State Government Offices in your phone book. Breaking it down: I received a 65-page document via email from the Iowa DOT that outlined this whole scenario. These are the basics as close as I can get to understanding it all. I do feel it is important for each of you to look into this in your state and be prepared. You may never be checked but then again, YOU MAY BE NEXT! BASIC REQUIREMENTS AND SOME Q & A: Who must comply? For-hire motor carrier – A person or business that provides transportations of persons or property in exchange for any form of compensation or payment. When I quizzed them about what that meant they responded with this response. If you have decals or sponsor names on the car or trailer and you race with the chance or plan to win money it is commercial. If you deduct the racing expenses and show race income on your taxes it is commercial. What is a commercial vehicle? Any self-propelled or towed vehicle used on a highway in intrastate and interstate commerce to transport passengers or property when the vehicle: - has a gross vehicle weight rating, gross combined weight rating. Gross weight or gross combined weight greater than 10,000 pounds; or - is designed to transport more than eight passengers for compensation; or - is designed or used to transport more than 15 passengers and is not used to transport passengers for compensation; or - is used to transport hazardous materials in quantities requiring placards. Logbooks/Hours of Service Drivers of commercial vehicles are subject to driving time limits as set forth in Part 395 of the Federal Motor Carriers Safety Regulations. The federal rules provide for three driving time rules that are in effect simultaneously. - After a 100-hour break, a driver shall not drive more than 11 hours. - After a 10-hour break, a driver shall not drive after 14 consecutive hours. A driver shall not drive after completing 60 hours on duty in seven days, or 70 hours on duty in 8 days, unless the 34-consecutive-hour-restart provisions have been met. Unless excepted, drivers must have a logbook which is current to the last change in status in their possession when on-duty. When on-duty, a driver must make the logbook available for inspection by any law enforcement officer. There is an exception for local travel, it is called the 100-mile-radius Exemption. As the name indicates it is for traveling within a 100-mile radius of the driver or owners base of operation. Fire extinguishers, triangle reflectors, fuses, inspections Each vehicle must have a minimum of a 5 lb. B-C fire extinguisher in an area clearly marked, three triangular reflectors that can be set up behind vehicle in the event of a breakdown are required. Spare fuses that match each circuit are required. Pre-Trip Inspection sheet should ALWAYS be filled out and kept in the logbook. Just a simple listing of what was checked will do; lights, turn signals, tire pressures, brake pedal and steering feel, hitch and safety chains, break-away battery and switch and trailer tires and lights. Driver Qualifications/Medical Card There were forms on each state's websites for Medical Card qualifications and forms for the physicals. Drivers must have a valid driver's license for class of vehicle being operated, medical examiner's certificate and skill performance evaluation (waiver if required). There is a lot more to this, and there are a lot of opinions on this as well. All I can say for now is I was very surprised by the firm responses I got from the DOT Officers and their resolve that they know most racing operations are rated as commercial enterprises. I would have to agree they are commercial in nature because we can go to races that pay from $500 to $50,000 to win an event. With the tow rigs and trailers getting larger and larger and more valuable, it is very common for racers to take advantage of certain IRS rules and depreciate these big-ticket items on the annual IRS filings. I will look further into this but in this first installment I just wanted to make sure as many of you as possible are alerted to what is going on. Personally, I am going to get the DOT reflective triangles, another fire extinguisher, a DOT physical and definitely start keeping a logbook, so I don't get pulled over for 10 hours and possibly lose my "day job" because I can't be there Monday morning. Quite a bit to consider, that's for sure. I invite your comments and any experiences you may have had with these matters. Just consider one thing, the next guy they pull over and tell them to leave their trailer at the weigh station MIGHT BE YOU. I have to admit I hate the thought of more government invasions into my life but it goes hand in hand with how things are headed, I guess. At least we still have the freedom to go racing and burn up $7 per gallon race fuel... " Heres the link to the whole thread http://www.pirate4x4.com/forum/showthread.php?t=416059 . This is off of a 4x4 forum that I am a part of. Just thought I would pass the info on. ~Kirk