02:29:07pm, Saturday, May 18, 2024
|
Dot Exemption for pullers
|
Some time ago when the Sascha crew was having DOT issues here in the states someone listed a Federal Dot item or code number that exempted sports/pullers from some of the DOT reg's. Does anyone know or recall what that code number is? |
|
Re: Dot Exemption for pullers
|
Registered: 04/09/2008 Posts: 277 |
go to www.policypeddler.com on the left side under content is DOT Info. |
|
Re: Dot Exemption for pullers
|
Thanks!! |
|
Re: Dot Exemption for pullers
|
Anonymous User
|
I know the way I had the WI rules explained to me was that you need DOT tags if you are in a motorsport where you can make money. Who makes money in pulling? exactly. We are all exempt. There is also something about the event being for charity, almost every pull is benefitting something so if you want to play the gray areas with the DOT you probably could. |
|
Re: Dot Exemption for pullers
|
Horsin' Around
|
INDOT told me that if there is money for placing, then you are "in the pursuit of revenue" and therefore considered commercial. It's frustrating because I found something on the Federal dot website |
|
Re: Dot Exemption for pullers
|
Horsin' Around
|
Sorry, took me a little while to find the info again. According to the USDOT website, there is an exemption. Refer to 390.3 F
[www.fmcsa.dot.gov] Then click on the interpretation link and scroll down to question 21. [www.fmcsa.dot.gov] Here is some other useful information. [www.motorists.org] |
|
Re: Dot Exemption for pullers
|
D.O.T. (DEPARTMENT OF TRACTORPULLING)
|
After very carefully reading all of the info made available by Policy Peddler, Horsin' Around, and others; and IF I wrapped my brain around it correctly; the evidence undisputedly IS:
1. that there is an exemption for occasional hobbyists, IF 2. you're hauling a load of 26,000 lbs or less, 3. you are NOT relying on pulling as your main source of income, 4. you are not driving a vehicle rated for 26,001+ lbs, 5. and the GVWR/GCWR is 10,000 or less, 6. you DO NOT have a CDL, 7. your vehicle does NOT have a DOT number, 8. your vehicle is NOT DESIGNED to haul more than 16 passengers, including the driver, 9. and you are NOT hauling any hazardous materials of any volume. I would highly suggest that all pullers print off all of the material, made available by the fine gentlemen that went extra out of their way to research this, and keep it handy in their haulers and or trailers. Another vital piece of documentation MIGHT be to have a copy of your tax statement to show that you ARE NOT pulling for a livelihood and that you ARE claiming what little money you make on your return. It looks as though anything with an RV plate would be good to go also. REMEMBER: The best offense is a good defense. Documentation in hand makes for a damn good argument. |
|
Re: Dot Exemption for pullers
|
Registered: 05/05/2008 Posts: 124 |
how could you have a gvwr/gcwr of 10,000 or less? |
|
Re: Dot Exemption for pullers
|
Registered: 03/30/2008 Posts: 191 |
and it looks like since a lot of pullers these days use a semi to haul their equipment with, they would never meet those exemptions since they're over 26000. |
|
Re: Dot Exemption for pullers
|
Registered: 05/05/2008 Posts: 124 |
For most pullers my opinion is go with a gooseneck and a 14K or 16K trailer. 3/4 ton or 1 ton truck. I have a 16K tandem dually trailer and a 3/4 ton cummins. I am registered at 25900 gcwr. I can haul right around 12000 lbs on the trailer and stay under 26K. It just takes a little planning. Of course the big limitation is you can't take everything including the kitchen sink like you could with a semi. |
|
Re: Dot Exemption for pullers
|
Not trying to nitpick, but how much you are registered for is not what they look for..... it is what the combination vehicle is 'rated'..... you probably are referring to your rating and not what you are tagged..... FYI |
|
Re: Dot Exemption for pullers
|
Anonymous User
|
I think it depends on the cop that pulls you over. I know a guy that had 2 4wd trucks plus tires tools etc on a tri-axle goose neck being pulled by an F-250 that got pulled over by one of Illinois finest and he was not allowed to move the truck until he had a cdl licensed individual come drive. The officer did not mention or cite the guy for being over the gcwr of the tow vehicle. |
|
Re: Dot Exemption for pullers
|
Alan,
I agree, it always depends on the cop that is involved, some cops know the rules, some make em up as they go. But, the laws state if the combination vehicle's GVWR is over 26001 lbs, CLS DOT log books if over 100 miles apply. The fella that got red tagged that had a triple axle trailer, most certainly was over 26001 lbs GVWR...... triple axle trailers usually hover around 18000 to 22000 GVWR..... loaded or unloaded.... As it has been stated in other posts, do your best to follow the rules, however knowing the rules is the foundation to complying. Hope this helps sean |
|
Re: Dot Exemption for pullers
|
Registered: 05/05/2008 Posts: 124 |
I am rated and registered for 25900. Truck is 9900 GVWR, trailer is 16000 GVWR = 25900. |
|
hey D.O.T.
|
Supertiquer
|
I'll be damned if I ever show a trooper my tax statement. I would think that should fall under a right to privacy law. |
|
Re: hey D.O.T.
|
Twister 07
|
Just think of our tax statment if we made as much as some door slammers think we do. |
|
Re: hey D.O.T.
|
Overloaded
|
So what would the fine be if you have 26,000 plates on and cross the scale weighing 29,000? Dollars, hundreds or ??? |
|
Re: hey D.O.T.
|
Anonymous User
|
Buck a pound if judge is nice |
|
Re: hey D.O.T.
|
Registered: 03/26/2008 Posts: 496 |
Let me see.......show a trooper a copy of my tax return or wait around for quite a while, while he/she decides what and how many violations he/she thinks I am breaking???? I know which option I would choose. As stated above, be prepared and present your case diplomatically. Keep the chips off your shoulder and a civil tongue. Bitch and moan at the guy/gal after he has let you go and is far away enough so that they don't hear you. That is just the way I would do it. JW |
|
Re: hey D.O.T.
|
D.O.T. (DEPARTMENT OF TRACTORPULLING)
|
Supertiquer: You are correct. You DO NOT have to show your tax return info to ANYBODY that you don't want to see it, BUT, I doubt that there is ANY info on your return that is critical to national security. I would hold my tax info back as my ace-in-the-hole, and don't play it UNLESS you have to. As Bandit 496 stated: If it would mean the difference between getting hauled to the chikken coop and getting sent on your way; I would opt for the second option. Once the D.O.T. cone-head cock-o-the-walk gets you in his chikken coop, he's gonna make you lay a golden egg. |
|
Re: hey D.O.T.
|
Anonymous User
|
the sad part about it is even if you know your in the right....waving some papers in a officers face is not gonna make your stop any easier....they will be sure to look your rig up and down then. just take care of what you can...most of us know what we need to have on our trucks and trailers as far as licensing and equipment. i have a single axle (gas) truck. gooseneck trailer. i purchase a farm special license which i good for 14 ton. i have a dot # on the truck. and safety equipment in the cab. whenever i have ran through the wiegh station they have just waved me on. i dont know every rule in and out, but just do the best you can to serve the law and it will serve you the same |
|
Re: hey D.O.T.
|
gf1
|
In Illinois they're handing out tickets if you have farm plates hauling a pulling tractor because pulling isn't farm related. |
|
Re: hey D.O.T.
|
Supertiquer
|
Conehead!!!! LMAO!!! good one!!!! |
|
D.O.T.
|
Anonymous User
|
Not sure about all the loop holes and such so I called the DOT and I quote " if you travel out of state, and total GVWR is more than 10,000 lbs you need a usdot #. Its a huge pain in the tail, but better than being caught with your drawers down IMO. |
|
Re: D.O.T.
|
Registered: 05/05/2008 Posts: 124 |
What DOT number did you call? That can't be correct... that means every person driving a 1 ton pick up needs a DOT number.. I seriously doubt that is the case |
|
Re: D.O.T.
|
Anonymous User
|
I wouldnt say driving a 1 ton pick falls under this, but when you have your truck and trailer with you tractor and you've crossed the state line for the persuit of a "profit" (.01 cent or more) your fall under these rules. I've even asked the State Trooper that did my audit last fall to make sure. Public info avalible on line at www.dotsafersys.org , or call 1 800 832 5660. I know most guys have just winged it in the past (myself included) but times are a changing!! I'm not trying to get in a piss'n match here, just sharing what I've found out. Any experience I've had with the law, has been they are right and that's that. I leave it here!!!! |
|
Re: D.O.T.
|
Anonymous User
|
Ladell, you are correct, the INDOT told me that if I drive our company vehicle, (Chevy Topkick 4500, 17,500# gvwr) in state only I would be fine without DOT #'s. But leave the state, you have to have them, regardless of the truck and size. |
|
Re: D.O.T.
|
Anonymous User
|
INDOT told me that I had to have a INDOT number to travel inside indiana with my box truck (under 26000). I tried to argue with them but didn't have the reference to 390.3 at the time.
It is a confusing mess where one hand doesn't know what the other is doing or publishing. I think I am going to call the USdot number and see what they say. |
|
Re: D.O.T.
|
Derek
|
In answer to your question Bill, as long as there is not a trailer hooked to your 1 ton you a are alright. Just don't hook a trailer to it. Know a guy who had his tractor on, and it wasn't a pulling tractor and got pulled over in OK going from his farm in TX to his farm in MO. They told him he needed CDL and everything on truck up to snuff. He told them it was farm and they told him not when it crosses the state line. |
|
Re: D.O.T.
|
Supertiquer
|
gf1, thanks for that info. Mine is a farm plate and it is going to get changed. When I bought my first gooseneck, I asked the secretary of states' office how I should license it. They asked what I would be doing with it and I told them that I would be hauling seed to the field with it, but I would also be traveling to county fairs with a tractor on it during the summer time. They told me a farm plate was good enough. BUT, that was in 1993. Now the D.O.T. is getting really picky and and mostly because our state is in big financial trouble.
Now, my pickup is another story and I hope I get some feed back on this. In Illinois we have a B truck license plate. It is good for 8000 lbs. and under. My pick up is a 2006 chevy duramax 4wd crew cab dually. It has a 52 gal. fuel tank that replaced the the original 34 gal. tank. It also has a plastic dee zee tool box in the back. Full of fuel, no tools in the box, and without me in it it weighed 8120 lbs.. So I am overweight, not by axle, but by license. I am probably carrying an extra 180 lbs. with the added fuel and box. So take that away. The seating capacity of it is 5. With 5 medium sized people in it, it will still be overweight by license only. Would a person get stopped for that? Probably not. Is it something that we all who have these kind of pickups need to be concerned about in the future? Maybe. I never gave this much of a thought till all this came up with the D.O.T.. And there are alot of trucks like mine in this state that have the B plate on them. |
|
Re: D.O.T.
|
|
|
injpumped
|
Supertiquer
|
Thanks for the info and we are going to change our pickup plates also. Where did you find out that the plate needed to be as high as the tag on the vehicle? Big 10-4 on that they are really getting hungry!
Another thing I just heard tonight was DO NOT pull a dual tandem trailer with a single wheel pickup in Illinois! |
|
Re: injpumped
|
Registered: 03/15/2011 Posts: 19 |
Best Illinois story from the horse's mouth. Had a neighbor lend his 1/2 ton p.u. with B truck plates to his daughter in Chicago to move some stuff, no trailer. Was going down Lake Shore Drive and was stopped by a cop. Gave her a ticket because there are no TRUCKS allowed on Lake Shore Drive. |
|
Re: injpumped
|
Supertiquer
|
Geez, gf. That's not hungry, that's starving!
I just got home from the secretary of state facility here in Lincoln. Met with a real nice lady that worked there and she told me on the truck, if I got pulled over between now and June for having the pickup plated wrong to plead ignorant. June is when the heavy truck license year starts. It would save me about $83.00. Same thing on the trailer. Again I told her what I was doing in the summertime with it, she said maybe it should not have farm plates on it but I can't believe anyone would pull you over for that. I said it's allready happened. She shook her head in disbelief. |
Let the DOT & IRS fight it out.
|
A couple years ago I had this very problem in WI. A circle jerker friend got fined by the DOT for his hauler for not meeting the DOT REGS for commerical.
I already had my pull truck set up as a business and I drive semi for a living so I have a CDL & A Med Card. So I stopped by our local state trooper station and started asking questions. The female officer was on the attack as soon as I asked the first question! When I got Her to calm down and listen; "that I was not fighting it"! I just wanted Documents/laws/statues that support their gounds for issuing tickets. She then handed me a few pages of rules that gave them the authourity to enforce. With that in hand I drove right over to my tax man and turned them over to him. He was doubtfull at first. He then done some research on his own. I owed close to $10,000 in income taxes that year. (INCOME Not FROM PULLING!) That year He took the $10,000 down to $500.00 owed! I wrote the check and paid it gladly!! We attached the pages I had received from the state patrol and sent it all in to the IRS. The IRS has not questioned it to this day! Goverment can not have it both ways. If It's a hobby the troopers need to leave you alone! if not a hobby DEDUCT EVERYTHING YOU CAN!! Troopers can "NOT" just give out tickets without laws/rules to support them. Ask nicely! For statue numbers and get copies for your taxes. FYI: TICKETS ARE A BUSINESS EXPENSE! DEDUCT THEM!! |
|
Re: Let the DOT & IRS fight it out.
|
Dont understand all of this crap
|
If your GVWR is over 28000 lbs. you would fall under cdl. Correct ? That just means you are capable of hauling that much weight.. So does any one driving my pickup have to have a cdl because it is licinced for 30000 lbs. empty or loaded ? |
|
Re: Let the DOT & IRS fight it out.
|
Registered: 05/05/2008 Posts: 124 |
26000 pounds total weight of the truck or total weight of the combination of the truck and trailer is the cdl limit. If you are under that and are not a commercial hauler, then none of this dot and cdl requirements apply. I have not seen anything that would put a non commercial pickup and gooseneck into the dot rquirments so long as it is under 26k. |
|
Re: Let the DOT & IRS fight it out.
|
Derek
|
That is right but remember, they go off of the GVW of the vehicle and trailer. It doesn't matter if the trailer is empty you still have to be tagged for the GVW of the entire rig. You should look at what most 1 ton trucks GVW are. Most are up around the 18,000 pound range so most any trailer you put behind it is going to put you over the magic number. And like most of the posts have said if you cross state lines it is 10,000 pounds. So techniclly they could get you in a half ton pickup with a small bumper pull trailer on if they wanted to. I have a good friend with a Dodge pickup that got stopped across state line with empty trailer and they impounded his trailer until he got big enough tag, CDL, health card, and DOT numbers. That may sound crazy but they can read the laws any way they see fit. |
|
Re: Let the DOT & IRS fight it out.
|
wayno
|
yup. when it comes to DOT regs its always the GVCW or licensed weight. which ever is GREATER. Doesn't matter if its loaded or empty. in state is 26000 lb max and interstate is 10000lb. over that and you need cdl and health card and DOT #. if you are farmer in Mn. you don't need a DOT#, CDL or health card as long as you have farm plates if you don't leave the state. |
|
Re: Let the DOT & IRS fight it out.
|
Registered: 05/05/2008 Posts: 124 |
I see there is a LOT of confusion on this. If you are running a pick up and gooseneck and are hobby pulling and not over 26K then I K we are excempt based on this that I took off the DOT website...
You need a DOT number if: your truck exceeds 10,000 pounds GVW or GVWR and is used interstate in commerce; or your truck exceeds 26,000 pounds GVW or has three or more axles, and is used intrastate. What constitutes commerce or commercial operation? For purposes of the CMV regulations, you are in commerce if there is an expectation or possibility of earning money (above reasonable expenses), or receiving other valuable considerations. Competing for prize money at a fair would be considered commerce only if the underlying activity generates income (such as selling animals), or related expenses are taken as an income tax deduction, or if corporate sponsorship is involved. Simply winning a nominal cash prize is not commerce. so, I will stick with my earlier post. if you are under 26K you are fine. My truck (3/4 ton cummins) is rated GVWR 9900 lbs. and my trailer 16000 gvwr.. added together = 25900. so.... no dot and no cdl required.. I am not commercial by definition above from the dot website and I don't meet either of the criteria mentioned. |
|
Re: Let the DOT & IRS fight it out.
|
over weight
|
here's my 2 cents!!!
we had the "top dog" dot in the state of nebraska come and talk to our pulling club last year here in nebraska and here is what he said: 1. every pickup should be permited with farm plates 2. you are doing this a a hobby so you can go anywhere in the US and you can win money doing your hobby and be ok just as long as you ARE NOT writing the pulling tractor and parts and anything related to it off!!! (He has his pickup with farm plates and he does travel to OK and Tx. rodeoing and does get prize money and he live in the city and does not own a farm!!!!). 3. your trailer cannot have a gvw over 26000 lbs. and if it is rated over the 26000lbs then cdl and dot!!! or have more then 3 axles. (a 4 axle single trailer has 4- 7000lbs axles for a gvw of 28,000). you are over that 26,000 limit. lot of people think you take what your trailer weighs plus your pickup and add them together and subtract it from the 26,000 limit and whats left is what you can haul. wrong!!!it's what your trailer is rated to haul!!! ( what they are trying to stop is someone pulling a semi trailer with a pickup) 4. you can haul over the 26000 lbs if your trailer has enough axles, distince between those axles, total lenght, weight you put on the pulling truck ect.... just like the semi do when they weigh them and span then ect. 34000Lbs on a dual axle, 10000 on any single axle. 5. I can go anywhere in the us just as long as I'm legal in my state I will be legal in your state!!! It's just like your car. here in NE you have to have a plate on the front and rear but in Kansas you only have to have the rear plate, but the Kansas car is legal here in NE since it was legal in there home state of Kansas. Your drivers permit is legal in all of the US even if each state has different reg!!! 6. Now if you have a commercial plates it's 10,000lbs. and then you have to meet each states weight limit, cdl ,and carry a log book. now take this for what it's worth since it's realy up to the dot guy that stoped you!!! when we haul corn to colorado, we can gross 84,000lbs but in nebraska it's only 80,000 and the interstate it's 80,000. so we haul only 80,000 on our truck when we haul to colorado on I-76 and we use our farm plattes to boot!!! we can only hual 150 miles as the crow flys with farm plates. we also haul in Kansas with the farm plates too, but thats on the semi and my pickup plates are the same way, 150 miles but since I'm doing it as a hobby with my pulling tractor or sled I can go anywhere I want as long as I'm legal in my home state!!! Dirk Bauerle |
|
Re: Let the DOT & IRS fight it out.
|
a little curious
|
So is it true if i own the farm truck under my name and im within 150 miles of my farm with my products am i exempt from a cdl license as long as i have the rite tags and dot numbers? |
|
Re: Let the DOT & IRS fight it out.
|
im confused also
|
Im like the other guy earlier.. I have a 4 dr dually with a 36 ft. tri axle trailer.. its lic. for 32000 ibs. So does anyone driving it need a cdl ? |
|
Re: Let the DOT & IRS fight it out.
|
Registered: 05/05/2008 Posts: 124 |
definitley you need a cdl if over 26000 pounds total weight. |
|
Re: Let the DOT & IRS fight it out.
|
wayno
|
I live in Mn and haul grain to Ia. I called to Des Moines to the dot and talked to them. they told me as long as I was hauling my own stuff I could go anywhere in Ia. Just like my car or pickup. but i need a
dot # |
|
Re: Let the DOT & IRS fight it out.
|
Registered: 03/26/2008 Posts: 496 |
What makes a lot of this thread confusing is that posters are mixing farming and pulling. Different laws apply because farming is commerce and pulling may not be (according to the DOT regs that I have seen). However, when that GVWR is in excess of 26,001 pounds, then CDL rules apply regardless. JW |
|
Re: Let the DOT & IRS fight it out.
|
local
|
One of my friends has a 48’ race trailer w/ 4700 Int. truck combo. This package is over 26k, however they are RV plated. Does the CDL/DOT still apply to him? No business write off, just pulling for fun. He also has a Ford dually that would put it just at or under the 26k(actual, not plated). Where does the RV plate fit into this mess? |
|
Re: Let the DOT & IRS fight it out.
|
Anonymous User
|
There are requirements of the trailer to consider the total rig an RV. Does it have sleeping quarters, bathroom, water storage, etc? Somewhere recently I saw a list that it had to have 4 features out of a list to qualify.
It sounds like he is in a gray area to me. I would be investigating whether he is properly plated. Most medium size trucks that pull real RV trailers have 4 doors. Does he pull a RV trailer with this truck at other times? Maybe in his state he is Ok, but I would be checking it out further. If he's going over 150 miles from home I would definitly want to know if he's a legal RV. What's in the trailer would matter to the officer that stops to check. RV drivers do not have to have a CDL/DOT as far as I know. I have one (CDL) cuz I haul grain from the farm. I would add lettering to the bottom of the truck cab & trailer "RV Not for Hire" if he keeps those plates. Might help just a little. Hope he doesn't have decals on the trailer to make it look commercial. I used to run a Motorhome and 32 ft. race trailer around the country.(38 states). Never had any problem, but was told by others that I shouldn't have any business lettering on the trailer. I did not have RV not for Hire on my trailer. Made many trips thru US / Canada customs without problems. I only took personal stuff (SUV/Pickup) in the trailer when I went thru customs. Yes..once I had to show registration for a pickup once in the trailer to prove it was not commercial. Edited 2 time(s). Last edit at 03/16/2011 06:00AM by MeanGreen. |
|
Re: Let the DOT & IRS fight it out.
|
I'm sure this varies from state to state.... however, in Nebraska an RV, not a pickup towing an RV, but a true RV licensed towing vehicle can only hook to a utility tagged trailer.... defined as a trailer rated at 10,000 lbs and below. Most 2 axle trailers are going to be rated at above 10,000 lbs, and all gooseneck trailers are rated for above 10,000 lbs. So, technically an RV can't really take your trailer to the pulls in Nebraska...... I do, and have yet had issues, however times are changing and if you have an RV - toter you might want to check carefully in your state about RV towing regs. Albeit most cops wouldn't know that tidbit, but you might run across a smart ankle that knows more then most. |
|
Re: Let the DOT & IRS fight it out.
|
over weight
|
with our farm plated semi here in Nebraska we can haul our own products 150 miles "as the crow flies" from our home with a dot number, cdl license, IFTA permit and a log book. When we haul to Colorado and Kansas we do go through weigh stations and have passed with no problems. Now we have bobbed tailed our truck to Denver Colorado to pick up new grain trailers before which is more then 150 miles from home and went through the weigh station on I-76 with no problems, that is because we were not hauling any farm products just a new trailer and at this one time we didn't even have the DOT numbers placed on the truck (new truck). We were getting them made at the time so I took a peice of duct tape and placed that on the truck and then wrote the numbers on the tape with a black magic marker!! the Regulations call for 2" letters and duct tape is 2" tall and I made the numbers 2" tall. They just laughed at what I did when I explaned why the numbers were on duct tape and we didn't have the numbers since they were getting custom made for us but we did know what the DOT numbers should be. You only need one DOT number for you farm and that one number will work for all your trucks and even your pickups if you need them on a pickup.
Now on my farm plated pickup and or trailer and it's rated at gvw of 26,000 lbs or less I do not use the Dot number cuz if you do then you have to keep a log book. If put commersal plates on your trailer and or pickup and it is rated "gvw" over that 10,000lb then you have to have a cdl and keep a log book and have fuel permit. that's why you see pickups with DOT numbers on them and they have commersal plates on them if that pickup has a gvw rating over 10,000lbs. so it comes down to this: in nebraska 1. farm plated pickups and trailers, 150 miles from home and under the 26,000 lb gvw rating on the pickup or trailer. if over that rating on either then you have to have a dot and cdl, fuel permit .... just like we have to have with a farm plated semi. 2. commersal plated pickup or trailer, no limit on distance but if you have a rated gvw of 10,000lb on either then you have to have a dot and cdl. 3. if you are plated as farm and you are going to a sporting event "tractor pull" and you don't write your hobby off as a exspence even if you get payed for placing in such event you can go any place in the US, just as long as you meet your home state regulations on weight and ect... now I asked the head dot man from nebraska at the meeting about a home made trailer that doesnt have a factory gvw rating what is the rating then. he said they will go by what size axles you have under it as a guide line as for the gvw rating of that trailer to see if it's under that 26,000lb. and as for how much you can haul on that trailer and pickup you get the dot manual for nebraska and then you figure that weight from that with your number of axles,span of axles and overal lenght of trailer. they treat it as a semi on figuring what you can haul but the tires on a small trailer will be the limiting factor!!! Dirk B. |
|
Re: Dot Exemption for pullers
|
Registered: 02/09/2010 Posts: 237 |
Hmmmmm..... I think the moral of the story is: If they want you, they will get you!! 
|
|
Re: Dot Exemption for pullers
|
Anonymous User
|
Ok, I just hung up from a friendly conversation with the indiana field office of the FMCSA regarding 390.3(f)(3) and it's interpretation.
When he first read the intrepretation the gentleman said that since our association sends out W-2's if the winnings are over $600 and I turn them in as ordinary income then I would need a USDOT Number, but as we discussed it and he re-read it, it comes down to a judges intrepretation. The word "and" is what it comes down to. "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." It can be interrupreted as saying both conditions in part 1 have to be met and if applicable, the condition of part 2. If all of the conditions are not met, then you are exempt. He also said it could also be interpreted that if you do any one of the 3 then you are not exempt. He also mentioned that if you cross state lines and are above 10,000lbs, then you must have a DOT number unless you fall under the exemption. and the example he used was a guy in a half ton pickup pulling a trailer with his lawn mower on it going to another state to mow the property he owns. He further mentioned that Indiana passed a law around last March that basically exempted anyone under 26000 lbs from the DOT regs provided they never leave the state. I am searching now to see if I can verify that. Alan |
|
Re: Dot Exemption for pullers
|
D.O.T. (DEPARTMENT OF TRACTORPULLING)
|
I am right at the 26k weight. I have a 34', double axle, enclosed trailer w/living quarters, pulled by a 3/4t Dodge Cummins, no CDL, commercial licensed at 13 tons in Nebraska. The treasurer's office recommended that I license it as a "MOBILE HOME", which I did. The MOBILE HOME classification voids the weight issue, as I understand it, just as an RV plate does. I put all the tonnage on the truck. I was stopped a few years back and was concerned that I didn't have any tonnage on my trailer. DOT chap said it doesn't matter as long as the single plate, or combination of the two, covered the weight. |
|
Re: Dot Exemption for pullers
|
I am a puller and also work as a farm equipment dealer. Several years ago I had an individual that has been involed in both tell me "you will go broke trying to follow all the rules to a tee and they will still find something wrong." What I have learned is the rules are so vague and contodict them selves so much that if or when it happens it all about what the officer wants to get you with. We got a ticket once because our mud flaps were a 1/2 inch to high. Dot laws are more to generate income than to make things safe. If you don't believe me sit some were and watch all the junk that goes up and down the road towing so very unsafe that it makes me nervouse to know they use the same roads and they will never get messed with. Use your head and try to do your best but in the end the deck is stacked against us. Just my opinion. |
Website Statistics
Global: Topics: 38,778, Posts: 229,950, Members: 3,338.
This forum: Topics: 37,098, Posts: 226,034.
Global: Topics: 38,778, Posts: 229,950, Members: 3,338.
This forum: Topics: 37,098, Posts: 226,034.
Our newest member Jacklovik2009
