Post by ardmoredragway on Apr 12, 2009 21:05:05 GMT -5
was told by lt.wilson if you do not file on your taxes the cost incurred w/racing and just pay taxes on your winnings and no advertising on truck and trailer you are not considered commercial. I will be carrying my last years tax return with me as others do to prove that I do not claim racing that might keep them from writing that ticket.
You are right Rodger I've been doing some research and come up with these exemptions also, so take it for what it is worth. There are some more grandfathered legnth laws i'm researching.I would laminate a copy of these regulations and carry with me. I would not argue and take a trip to to court, I believe these will hold water. Most of the dot inspecters are okay guys, a few inspecters have shortman sydrome. Getting some conformation back in an email from the Dot in Washington Dc. If you stay on these highways which are mainly interstate and Us highways I believe the Length restriction would apply.
Sorry for the long post.
Rick Carrell
Ardmore Dragway LLC.
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Part 390: General
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Part 390
< 390.1 390.5 >
Subpart A—General applicability and definitions
§390.3 General applicability.
((e) Knowledge of and compliance with the regulations.
(f) Exceptions. Unless otherwise specifically provided, the rules in this subchapter do not apply to—
(f)(1) All school bus operations as defined in §390.5;
([font=Verdana]f)(3) The occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise;[/font][/u]([/color]f)(4) The transportation of human corpses or sick and injured persons
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Examples: Medical Form, 391.53, 391
[[font=Verdana]font=Verdana]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’’ apply to persons who occasionally use CMVs to transport cars, boats, horses, etc., to races, tournaments, shows or similar events, even if prize money is offered at these events?
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 [/font][/font][/u][/u] Part 658: Size and Weight, Route Designations — Length, Width and Weight Limitations
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Part 658
3. a. On the National Network of Highways which includes the National System of
Interstate and Defense Highways and four-lane divided Federal Aid Primary System
Highways, no semitrailer operating in a truck tractor/semitrailer combination shall have a
length greater than fifty-three (53) feet, except as provided in subsection (c) of Section 14-118
of this title which shall apply to semitrailers exceeding fifty-three (53) feet but not exceeding
fifty-nine (59) feet six (6) inches. On the National System of Interstate and Defense
Highways and four-lane divided Federal Aid Primary System Highways, no semitrailer or
trailer operating in a truck-tractor/semitrailer and trailer combination shall have a length
greater than fifty-three (53) feet.
b. On roads and highways not a part of the National System of Interstate and Defense
Highways or four-lane divided Federal Aid Primary System Highways, no semitrailer
operating in a truck-tractor/semitrailer combination shall have a length greater than fifty-three
(53) feet and no semitrailer or trailer operating in a truck-tractor/semitrailer and trailer
combination shall have a length greater than twenty-nine (29) feet. Except as provided for in
subsection (d) of Section 14-118 of this title, no other combination of vehicles shall have an
overall length, inclusive of front and rear bumpers, in excess of seventy (70) feet on all roadsand highways. For the purposes of this paragraph, oil field rig-up trucks shall be considered
to be truck-tractors, when towing a trailer or semitrailer
< 658.17 658.21 >
§658.19 Reasonable access.
(a) No State may enact or enforce any law denying reasonable access to vehicles with dimensions authorized by the STAA between the NN and terminals and facilities for food, fuel, repairs, and rest. In addition, no State may enact or enforce any law denying reasonable access between the NN and points of loading and unloading to household goods carriers, motor carriers of passengers, and any truck tractor-semitrailer combination in which the semitrailer has a length not to exceed 28 feet (28.5 feet where allowed pursuant to §658.13(b)(5) of this part) and which generally operates as part of a vehicle combination described in §§658.13(b)(5) and 658.15(a) of this part.
(b) All States shall make available to commercial motor vehicle operators information regarding their reasonable access provisions to and from the National Network.
(c) Nothing in this section shall be construed as preventing any State or local government from imposing any reasonable restriction, based on safety considerations, on access to points of loading and unloading by any truck tractor-semi-trailer combination in which the semitrailer has a length not to exceed 282/3 feet and which generally operates as part of a vehicle combination described in §§658.13(b)(5) and 658.15(a).
([font=Verdana]d) No State may enact or enforce any law denying access within 1 road-mile from the National Network using the most reasonable and practicable route available except for specific safety reasons on individual routes.(e) Approval of access for specific vehicles on any individual route applies to all vehicles of the same type regardless of ownership. Distinctions between vehicle types shall be based only on significant, substantial differences in their operating characteristics.[/font](f) Blanket restrictions on 102-inch wide vehicles may not be imposed.
(g) Vehicle dimension limits shall not be more restrictive than Federal requirements.
(h) States shall ensure compliance with the requirements of this section for roads under the jurisdiction of local units of government.(i)(1) Except in those States in which State law authorizes the operation of STAA-dimensioned vehicles on all public roads and highways, all States shall have an access review process that provides for the review of requests for access from the National Network.
(i(i)(2)(i)(A) An analysis of the proposed access routes using observations or other data obtained from the operation of test vehicles over the routes;
(i)(2)(i)(B) An analysis of the proposed access routes by application of vehicle templates to plans of the routes;
(i)(2)(i)(C) A general provision for allowing access, without requiring a request, for commercial motor vehicles with se