From: Ryan Gill (rmgill@mindspring.com)
Date: Mon May 19 2003 - 22:07:28 PDT
At 9:39 PM -0400 5/19/03, Glenn Shaw wrote:
>Question 21: Does the exemption in §390.3(f)(3) for the
>"occasional transportation of personal property by individuals not
>for compensation nor in the furtherance of a commercial enterprise"
>
>Guidance: 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.
>
>You state it above. Confer with your State DMV. All the states are not the
>same exactly. They are similar.
Right, above is the Federal regs. State regs tend to adhere to the
federal. That's how they get the additional Transportation funds.
They comply with the FMCSA and get money. Thats why state CDL regs
are all starting to fall in line with the FMCS Act. Georgia has a set
of CDLs that fall under the federal regs and a non commercial CDL.
For example, firemen in georgia drive their big trucks with a class B
or A license, non commercial. I can get one of those too.
>
>In MA and most states you will find that if you are behind the wheel of a
>tractor trailer you need a class A. Farm plates are another whole ball game
>that I wont get into here since it really has limited applicability to the
>MV hobby.
Class A, not Class A CDL. There is a Difference. There are Class C
CDL's needed for the Haz mat endorsements.
>
>>Essentially the only thing that a private owned vehicle ** not in
>commercial
>>service** does not require is the DOT materials, medical card, log book
>etc.
>>Commercial size and type trucks not in actual commercial operations (eg.
>>private only) technically can pass weigh stations but in reality if you
>look
>
>If you're not subject to the FMCSA then you don't need a CDL unless
>your state says you do.
>
>AND MA does. Most states also do so. It is in the public interest to have
>drivers of heavy commercial type vehicles be qualified and having a CDL
>helps to show this. License classes in most states are A B C D with no
>reference to non CDL except for class D. Commercial/private issue just
>triggers the Commercial Motor Vehicle Regs for DOT regulated operations.
Actually, Georgia makes a differentiation with a CDL tag next to the
A, B or C class. Ideally its in the interest of the federal
transportation (and thus federal perview) for safety in interstate
commerce. My driving a vehicle for non commercial purposes isn't
commerce any more than grandpa driving his 55 foot motor coach.
>It seems to me that if you get the CDL, you're going to be opening
>additional regulatory can's of worms. An out of state Class A or B
>should be valid if it's non commercial. MY state licenses me to drive
>this kind of vehicle with this kind of license. Your state must honor
>that based on the full faith and credit clause. Just like some states
>have tiered Motorcycle licenses, out of state licenses that aren't
>still must be honored.
>If you are in a tractor and are non commercial and show your Class A license
>from some other state we would honor it. But most states do not have these
>strange NON CDL licenses anymore. They simply have Class A B C D. And the
>A B C are also CDL. The DMV still knows that after you have the license to
>drive a certain type of truck you will still need the DOT stuff to go
>commercial carrier.
Only if I'm commercial. I'd carry the FMCSA regs, clarifications and
additional errata for the Trooper to look over. My truck, my armored
car in back, etc. I'd politely point out that I'm not commercial and
this was not really the truck he's looking for (waves hand).
>The big point here is it is easy to get the license to drive private trucks.
>To not have the right papers when needed on the side of the road can be a
>nightmare. The officers are not going to set up a debating society in the
>gutter.
>
Hopefully they don't waste my time and theirs with trying to apply
regs to me that don't apply. I don't have to comply with Mass drivers
license classes. I have to comply with federal and my state's, not
theirs as far as licenses go.
--
Ryan Gill rmgill@SPAMmindspring.com
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'60 Daimler Ferret '42 Daimler Dingo '43 Humber MkIV (1/2)
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