Oh contrair! Federal regulation 390.3 states the exemptions from a CDL. Exemption 390.3. f3 says (f)(3) The occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise;

Interpretation questions for 390.3.
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.


Basically what that means is, if you have winnings (winnings are required to be reported to the IRS as an income), you have used that vehicle as a furtherance of a commercial enterprise therefore CDL is required. Just because you are not being paid directly for hauling does not exempt you from commercial status. Take Wal Mart for example. They do not haul anything for hire. They are a private carrier but they use their trucks to haul their products which they sale for profit. That puts them in commercial status.

That also means you cannot haul your trackhoe, dozer, dirt or anything else that belongs to you to any place where it will be used for commerce even tho you are not gettin paid for hauling without a CDL.

 

haaha good catch. very true

 

Although I have a class A CDL, I'm told I don't need one here because my hauling is non-commercial. That's why I don't stop at scales in any of my vehicles with GCVW 26,001 and higher.

2008 F450 @ 35,500 lb.


1969 Ford M656 8x8


1984 M977 HEMTT, 35' long and 39,000 lbs empty.

 

Hey Stalwart, I don't see any DOT numbers on those lower 2 pictures either! I think it's safe to say that if it don't require a DOT number, you don't need a CDL to operate it. Now I know plenty that recently now need DOT numbers here in KY that don't need CDL's, myself included. In ky they now are saying any vehicle with a GVWR over 10,000 lbs that gets used for a business, (Agriculture is exempt) must have a DOT number, and the operator must have a medical card. Included in this also are the guys with 1/2 and 3/4 pickup trucks with a trailer where their combined weight exceeds 10,000lbs. Cost me $200.00 from a DOT officer to learn that.

 

stalwart, even though you aren't commercial it would be a good idea to check the state laws in the states you are traveling in. For example in N.C. according to G.S.20-118.3, you would be required by law to enter a weigh station.

G.S.20-118.3~Any person operating a vehicle or a combination of vehicles having a GVWR of 10,001 pounds or more or transporting hazardous materials that is required to be placarded under 49 CFR~171-180 must enter a permanant weighstation or temporary inspection or weigh site as directed by duly erected signs or an electronic transponder for the purpose of being screened for compliance, or weighed, or inspected.

Here is another example of people that don't have a clue. Very unfortunate, but it happens all the time. They are blaming all the problems on a picky N.C. patrolman, however if they would read the federal regulations, they would see the basis on his findings. The guy in this link maybe able to beat the commercial vehicle charge, however his rig is not an rv.

Reading the thread I can't believe some of the things they believe. One says you can have a rig 90' long in N.C. now. If someone here know about this statue, please point it out to me.


http://www.promodzone.com/showthread.php?t=17013

 

I think you have the wrong statute. I come across this http://www.ncleg.net/EnactedLegislat..._20-118.3.html

edit to add : granted that page says 1982 session, but I find the same info on several other sites with 2008 dates. i'm not sure if that is right now. such as the main page for the general assembly http://www.ncleg.net/gascripts/statu...l?Chapter=0020

 

Actually on the HEMTT, I don't even use license plates. Most cops don't like to pull over US Army trucks, they have no "real" jurisdiction. They can get a soldier in trouble, but the trouble will come from the soldiers superiors, not the cops. A LEO told me that, he said after the first few months cops don't want any "grey" areas, they want to be sure of themselves.

I have 'em, I just don't put them on.

Kinda looks military:

 

Not true. I don't have a CDL and drive a farm truck with air brakes that grosses at 60k.

 

Yes, there are a couple clues that might indicate that this is a military vehicle!

 

kevin, don't know, I will check on it though. I got the statute from the link I provided in post #60. In the power point presentation under weigh stations this is what it is shown as.

EDIT: Found a PDF of the Power Point Presentation. Scroll down about 3/4 down the page and look under Permanent Weigh Stations. Still looking though...

http://www.racecanopy.com/mstp.pdf

 

You certainly did your research on this but on your other post you refered to winning a trophy, feed or a saddle as conditions met to require you to have a CDL, providing your vehicle does meet that size. Now looking at your recent post, it mentions winning money, sponsership and tax write offs. Maybe I missed it but no where does it mentioned those items, trophies, feed etc. Very interesting stuff. I do horse shows and see rigs that do qualify for a CDL but when I start talking to the owners of the larger rigs, they don't have one. I'm also 32 yrs in the heavy hauling world and the line you wrote "Also, if they want you, they have ways to get you you have probable never heard of so just be careful" could'nt be more true.

 

I see now. but what year that slideshow was from again (i didn't read the whole thread). I've been trying to go through the main section of the General Assembly in the motor vehicle section and haven't found it yet. maybe it was one of the repealed statutes?

 

FordxFour, I was bored yesterday and called the NCDMV headquarters for giggles and spoke with the most "In charge" person they could connect me with. He stated that they agree that the wording of most anything pertaining to CDL's and driver license classifications was misleading at best. They are in the process of, or just completed, new wording that basically says as long as the combination of truck and trailer are under 26,001 lbs, you are fine with class C. Whether it is CDL or not. I guess they are just trying to get rid of one whole class of license (That being class B i guess).

He also said that like anything else, it is open to interpretation to whether it is commercial or not (see aforementioned race car haulers) and if in doubt, be sure to know a good lawyer LOL!!

I asked how they would rate my brother in law's home made triple axle gooseneck, and he wasn't sure (even somone high up in the DMV don't even know all the rules).

 

The previous mentioned PPS and PDF file are wrong. I found the correct one. The law is GS 20-118.1

http://www.ncdot.org/doh/operations/...rolinaLaws.pdf

 

sideshow, here is my homemade gooseneck I had inspected and rated so I could get a title. The trailer has 2 6000# axles. The inspector added the axle ratings, measured the chassis, then allowed 20% for the hitch, therefore giving the trailer a GVWR of 14,400#'s.


EDIT: The photograph date is wrong, it was taken in 06'