If this information concerns you (and it should!) you might consider contacting your local, state, and federal representatives and demanding that they press for simplification of the rules (Yeah...that'll happen!) and, at the very least, provide education so that law enforcement officers can be consistent in enforcing these rules correctly.

I'd like to thank Mary for allowing her research to be shared with visitors to Gasser Madness!.

APPLICABLE OR NOT, HERE THEY COME

Well, here it is.  The Federal government has given us an exception to the DOT numbering requirements, and they gave their guidance describing who exactly gets the exception.  Both are available for review online by anyone who would like to look at them.

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(http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.asp?rule_toc=759&section=390.3&section_toc=1738). 

And then we have the enforcement agent.

It appears that it’s too difficult to determine who DOES need a DOT number and who does not, so DOT enforcement has decided to just make EVERYONE get one….even though the regulation stipulates hobbyists such as ourselves don’t need one.

It’s the equivalent to hauling in all the redheads on the block because someone saw a redhead committing a crime.  If the cops did this, they would be in the wrong and there would be many, many people pointing it out.  So where is all the fuss?  Why isn’t anyone saying anything?  I think folks are intimidated and afraid to speak out.  After all, the enforcement officer wields a lot of power over the average driver and they CAN make your life difficult - if only for a short time.

In the end, we hobbyists are subject NOT to the actual regulations, but to the INTERPRETATION by the officer who stops us on any given day, in any given state.   And, although our US Constitution has other plans in mind, it appears that any officer in any state can simply write law through their enforcement activities.  Just because we may be right does not mean we won’t get stopped by an officer somewhere who sees the rules/regulations differently.

If you ARE just a hobbyist and do not write off your expenses, and you want to take the exception, I suggest you not only carry a copy of the regulation and exception, but read it and understand it so you know why you are exempt, because it sounds to me like the officers on the road are going to test your knowledge.

Oh, and, if you call a DOT help line, they don’t even know about the exception.  They insist if you’re over 10,000 lbs you must have a number. 

-now here’s my caveat, I am NOT a regulatory expert or a lawyer.  What I have put in this article are my observations and assessments as I see them. You need to open the books and read the regulations for yourself.  If you have questions about what you are reading, you need to call your State, local, or whatever office and find out the answers.

Stay safe on the roads.

DOT REGULATIONS in a nut shell

The DOT regulations are FEDERAL regulations which the States have adopted and are paid to enforce. The States are required to enforce these registration requirements as a condition for receiving Motor Carrier Safety Assistance Program (MCSAP) funds.  I have contacted many of the DOT offices in the eastern states, including NY, PA, VA, NC, SC and WV.  All of these states have adopted the federal regulations regarding DOT numbering, as written.

The regulation in question is 49 CFR 390 – this regulation stipulates the applicability of the requirements for Motor Carrier ID Numbering.  The DOT numbering system is not what gives me heartburn, it’s the FMCSA Safety Requirements that comes with them, including keeping the log book, safety training, drug testing, annual log reviews, etc and so on…obviously meant for COMMERCIAL companies.  The exception and the guidance follows:

Under 390.3(f) Exceptions.  Unless otherwise specifically provided, the rules in this subchapter do not apply to -

(f)(3) The occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise;

In the interpretation section, 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.

HOBBY OR BUSINESS?

If someone is driving their race car to the race track to bracket race, and they have supplier decals plastered all over the car for endorsement money, if they claim any winnings as regular income and do not write off their expenses on their taxes, is that person subject to the DOT Motor Carrier ID numbering requirements?   Well, I guess the answer would really depend on the interpretation of part (2) of the Guidance, and if the officer believes you are really just a hobbyist.

I spoke with two different Federal DOT officers, one in WV and one in NY.  I asked the same question of both…What if a person is a member of a car club and the club obtains money from sponsors, the car is required to run the decals of the sponsors.  The prize money for anyone who wins is made up partly of the money the club obtained from sponsors and partly from membership dues.  Now, is that considered corporate sponsorship?  BOTH of the agents I spoke with told me no, that would be prize money and the exception would still apply if they claimed it as regular income and did not write off expenses as part of a business.

Well it makes sense if you think about it, because the racer is just a “once in a while, run your car down the track” racer.  He is not in business, like John Force, or even Paul Gast.  He is simply trying to recoup some of his funds from his hobby.  In fact, even if the bracket racer raced EVERY week, according to the exception, as long as he claimed his winnings as regular income and did not write off his expenses and had no corporate sponsorship, he would STILL be exempt from the DOT MC ID Numbering regulations, and those dreaded FMSCA safety certification requirements.

So, part of the problem appears to be, how does the officer stopping you know which the case is?  And, how do you, as the one being ticketed and potentially impounded, prove to the officer that you are simply a HOBBY racer and not in business or under a corporate sponsorship?

The tax man would not think twice about pointing out to you that what you do is a hobby - not a business.  But the DOT enforcement officer sees something else.  And we, as hobbyists, are stuck in the middle.

CONSEQUENCES OF USDOT NUMBERING

Some of you are wondering, “Wouldn’t it be easier to just get the DOT number and be done with it?”

Well, if you are in business, towing over 10,000 lbs, you have no choice; you must get the DOT number.  However, if you are a hobbyist and abide by all the restrictions of the exception noted above, and you still want to get the DOT number, you WILL be subject to the DOT safety regulations just as they apply to the commercial truckers.

If you get the ID number and travel from state to state, you are subject to the Federal Motor Carriers Safety Admins’ Safety Certification.  (See Form MC 150A).   This is where my heartburn comes from.  This MC-150A form requires drivers to keep log books to keep track of Hours - of -Service, for the employer to review the drivers records and keep proof of the review, so on and so forth.  There are strict requirements for the log books, it’s not simply writing down your mileage from one place to the next.   If you are interested in learning more about these regulations, you can stop at any truck stop and purchase the 661 page “Federal Motor Carrier Safety Regulations Pocketbook” for about $5.  Oh, but don’t forget to grab the $2 (or so) “Official Deluxe Duplicate Copy DRIVER’S DAILY LOG” – because you’ll need that too if you get your USDOT number and intend to travel across state lines (even with your hobby race or show car).

RV’s AND THE USDOT NUMBERING REQUIREMENTS

OK, here’s the rub guys.  You can get yourself a nice big toter home and tow your 50’ recreational stacker trailer anywhere you want and you won’t need to worry about those silly little DOT numbers.  You can tow it all day long – cover 100ft of road and no worry.   No USDOT requirement for RV’s used solely for recreational purposes, if you use them for business purposes, that’s something else.

CDL LICENSING

If your gross vehicle weight (GVW) or gross vehicle combined weight (GVCW) are over 26,001 lbs you are most likely required to obtain a Commercial Drivers License (CDL).  You might be able to get away with an RV Endorsement if you have an RV, but it varies from State to State and it might be easier just to get the CDL.

However, the CDL licensing may kick additional regulations into play.  Please contact your DMV office and ask the questions before you decide to get the CDL.