rushlvr - 2018-01-08 11:46 AM
The log systems rule has been delayed 90 days, not the requirements for CDL
taken from ttps://www.fmcsa.dot.gov/regulations/title49
MY take only!! But maybe it will help someone be able to start their own research
Commercial motor vehicle
(CMV
) means a motor vehicle or combination of motor vehicles USED IN COMMERCE To transport passengers or property if the motor vehicle is a—
(1
) Combination Vehicle
(Group A
)—having a gross combination weight rating or gross combination weight of 11,794 kilograms or more
(26,001 pounds or more
), whichever is greater, inclusive of a towed unit
(s
) with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms
(10,000 pounds
), whichever is greater; or
Used in commerce is number 1, are you using it in commerce, barrel racers: do you deduct mileage fuel, costs, and itemize on your taxes? If not then not used in commerce see below exemption
(f
) Exceptions. Unless otherwise specifically provided, the rules in this subchapter do not apply to—
(3
) The occasional transportation of personal property by individuals not for compensation and not in the furtherance of a commercial enterprise;
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?
Their answer: 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.
Hauling horses to sales seems to have an exemption
(This is my own take, please make your own decision!
)
Covered farm vehicle—
(1
) Means a straight truck or articulated vehicle—
(i
) Registered in a State with a license plate or other designation issued by the State of registration that allows law enforcement officials to identify it as a farm vehicle;
(ii
) Operated by the owner or operator of a farm or ranch, or an employee or family member of a an owner or operator of a farm or ranch;
(iii
) Used to transport agricultural commodities, livestock, machinery or supplies to or from a farm or ranch; and
(iv
) Not used in for-hire motor carrier operations; however, for-hire motor carrier operations do not include the operation of a vehicle meeting the requirements of paragraphs
(1
)
(i
) through
(iii
) of this definition by a tenant pursuant to a crop share farm lease agreement to transport the landlord's portion of the crops under that agreement.
(2
) Meeting the requirements of paragraphs
(1
)
(i
) through
(iv
) of this definition:
(i
) With a gross vehicle weight or gross vehicle weight rating, whichever is greater, of 26,001 pounds or less may utilize the exemptions in §390.39 anywhere in the United States; or
§390.39 Exemptions for “covered farm vehicles.”
(a
) Federal requirements. A covered farm vehicle, as defined in §390.5, including the individual operating that vehicle, is exempt from the following:
(1
) Any requirement relating to commercial driver's licenses in 49 CFR Part 383 or controlled substances and alcohol use and testing in 49 CFR Part 382;
(2
) Any requirement in 49 CFR Part 391, Subpart E, Physical Qualifications and Examinations.
(3
) Any requirement in 49 CFR Part 395, Hours of Service of Drivers.
(4
) Any requirement in 49 CFR Part 396, Inspection, Repair, and Maintenance.
c
) Other exemptions and exceptions. The exemptions in paragraphs
(a
) and
(b
) of this section are in addition to, not in place of, the agricultural exemptions and exceptions in §§383.3
(d
)
(1
), 383.3
(e
), 383.3
(f
), 391.2
(a
), 391.2
(b
), 391.2
(c
), 391.67, 395.1
(e
)
(1
), 395.1
(e
)
(2
), 395.1
(h
), 395.1
(i
), and 395.1
(k
) of this chapter. Motor carriers and drivers may utilize any combination of these exemptions and exceptions, providing they comply fully with each separate exemption and exception.
NO CDL required? transporting livestock from a ranch, under 26,0001 if over its limited to 150 air miles.
White paper on the farm regs.
https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Federal_Reg...
Its also my understanding that your state can go stricter, know your state laws, but there is reciprocity for other states so your cdl from your state should suffice for others
(again, I believe,
)
The State must allow any person to operate a CMV in the State who is not disqualified from operating a CMV and who holds a CLP or CDL that is—
(a
) Issued to him or her by his/her State or jurisdiction of domicile in accordance with part 383 of this subchapter;
(b
) Not disqualified; and
(c
) Valid, under the terms of part 383, subpart F, of this subchapter, for the type of vehicle being driven.
Folks on-line