DOT laws changed in MN

[wtrenholm]

If anybody races or tows through Minnesota be aware that the DOT has changed the laws regarding who is and what is considered "commercial" haulers.



The new pamphlet reads:



(Quote)

Do the commercial vehicle regulations apply to you?



1. Do you declare prize money as income from a business for tax purposes?



2. Are the costs for the underlying activities deducted as a business expense for tax purposes?



3. Do you accept products and/or money for advertising a sponsor?



4. Is the transport vehicle being used in the furtherance of a commercial operation?



If you answered YES to either question 1,2,3 or 4 continue to question 5. If you answered NO to all questions (1-4), STOP HERE, you are not in furtherance of a commercial operation.



5. Is the "gross vehicle weight" of the single vehicle or combination (truck and trailer) greater than 10,000 lbs?



YES- You must follow the appropriate regulations for the location(s) you travel in i. e. interstate or intrastate.



NO- STOP HERE! You are not subject to commercial vehicle regulations.

(end quote)



A lot of folks are now considered "commercial" and have to have DOT med cards, log books, vehicle inspections, etc. This seems to be a revenue generator, we've been hearing stories of mass violations ticketed at a major NHRA drag race at Brainerd International Raceway.



Please check it out before towing.



Just trying to save somebody some money (maybe a lot)

Wayne

 

[Neal Whyte]

I have heard the part about the question from and officer to a driver of a race car rig or just truck and trailer, "have you ever won any money racing?"



This is the key in a lot of states. If you answer yes your had!



The other thing I have known owners to get tagged for while going to a race is having a 55 gal drum of race fuel in the back of the truck or even if it's found in the trailer upon inspection. If I remember right DOT states any flamable liquid over 500# the truck and trailer must have plackards. This cost a friend $1,500 fine while hauling from FLA to KY.



I'm sure there are other things the DOT can tag you with but most of the time they just pick on the 18 wheelers.



The only time I have been stopped was taking a short cut to a race track on a old black top road. I never noticed the GVW sign on the road saying nothing over 10,000 GVW. With a 6k truck and 9k trailer I was over but got lucky the cop just told me not to do it again

 

[JPope]

Wonder if this could affect the touring tournment fishermen?

Of course the way I fish, the answer would be no fish/no money!!!

 

[Eric_77]

That is not new and not MN specfic that is the Federal DOT rules. Has been that way for at least 8 years. The states are just getting cracking on the 10,001- 26,000 rigs as they had waved most of them by in the past but most are not legal.



Also the way the USDOT officer explained it to me is not if you won or declared purse/sponsorship/show money but if anyone racing what/where you do does then you must comply. Basically any series that is semi-pro you have to have DOT numbers insurance,Med cards, log books, etc. Racing is just one aspect I was in their office as they prepared to go to a craft show. I was told that even if it is an RV if it is used to haul or tow the products they are selling/possibly earning a living then must comply with commercial regs (if over 10k). Basically no RV exemption just a commercial requirement.

 

[Carle]

I believe this is the proper way to go to manage violators who are doing commercial business without all of the proper licenses and/or tags. I know some folks who deliver RV's and are not licensed as commercial rigs. I am not sure if this is true of the hobbyist who goes to the race track on Friday night for fun and recreation. I do feel that they should abide by weight requirements, lighting requierments and have enough brakes to stop their rig. The one thing I do not see here is any attempt to make the road safer by making sure the equipment is not overloaded or under braked for the setup. I feel there are a lot of people who are towing way beyond the capability of their ablility and/or equipment and pose an accident potential.

 

[RustyJC]

Originally posted by Carle

The one thing I do not see here is any attempt to make the road safer by making sure the equipment is not overloaded or under braked for the setup. I feel there are a lot of people who are towing way beyond the capability of their ablility and/or equipment and pose an accident potential.

Yep, it appears to be aimed at revenue generation, not at safety per se in terms of weight enforcement as evaluated against equipment ratings.



Rusty

 

[lmills]

Yeah, MD has been cracking down on this lately. They have been busting stakebody and box trucks left and right for not have a DOT number

 

[wtrenholm]

As you guys mentioned, there is Haz Mat mentioned (primarily fuel). Also mentioned is the no more towing with RV plates. Last but not least, yes tournament fishing, other motor sports (snowmobile, motorcycle,atv, etc) all get their mention.



Just about all of us are in the sights.



Later,

Wayne

 

[w-cummins]

Originally posted by Neal Whyte



The other thing I have known owners to get tagged for while going to a race is having a 55 gal drum of race fuel in the back of the truck or even if it's found in the trailer upon inspection. If I remember right DOT states any flamable liquid over 500# the truck and trailer must have plackards. This cost a friend $1,500 fine while hauling from FLA to KY.

The limit for Class 3 flammable liquids is 1001 lbs or more, before your required to display placards, and you need a HazMat endorsement on your CDL too. Also BIG liability coverage for insurance... .



William Cummins

 

[Loren]

The MN questions regarding business income and expenses are slyly phrased.



Income tax law distinguishes between BUSINESS income and expenses vs. HOBBY income and expenses. In most cases, racers, fishing tournament fishermen, etc. are hobbyists.



For income taxes, you may deduct hobby expenses up to a limit of hobby income. Business expenses can be deducted beyond business income, allowing you to pay less in tax on your other income. Business income and expenses are reported on a separate IRS form. Hobby income is usually reported as miscellaneous income (on your 1040) with expenses shown on your normal itemized deductions.



The bottom line is that most of us can HONESTLY answer "No" to the first two questions in the Minnesota pamphlet.



Loren

 

[LEerkes]

Had the CHP waiting for us in Chico, CA about 5 years ago for the same thing. Heard of several other "stings" in CA over the past 5 years. They seemed to leave the normal Saturday night stuff alone but hit the one or two big races at the local track that attract the big boys... .

 

[LeeNH]

Its the same all over.

I drive about 3000 miles a week hauling trailers, and they are all over the place, no matter what state you are in/from. I don't think anyone could possibly know all the rules, even the DOT cops.

My state (NH) is really out in force now, they received federal money if they implemented some kind of 'highway safety' program which came out to be, hiring 40 new DOT cops.

They target everyone, but they are going after more and more 1 tons.

This seams to be the same in every state I go through, which is at least 12 of them.

Check this out:

If you get stopped in Maine, and you have more than 3 errors or violations in your log book, that is a jailable offense, they can impound your truck and haul your but to jail. They can compare your toll reciepts, fuel slips, ect against your log to check times, and so on.

NH passed a law last year declaring it illegal to eat or drink ANYTHING while driving... . first offense can fine you up to $1000. 00

If you get caught without a log book, you get a healthy fine and you will be parked for at least 8 hours. NOTE: If you are using a log book, don't put down for 'sleeper birth' time, unless you have a DOT approved sleeper... . your seat does not count, just put down for time off duty, it will save you a fine.

The list goes on and on, I have a list of DOT stories, it sucks, but it part of the game I guess.

 

[JohnE]

I want to know why the horse people still get by with avoiding the rules. I've seen more rules violators with those over grossed idiots.

 

[Sherman]

swear words

Originally posted by JohnE

I want to know why the horse people still get by with avoiding the rules. I've seen more rules violators with those over grossed idiots.

And what planet do come from?

 

[JohnE]

Planet? reality. The DOT was told to leave the horse haulers alone.

IMHO they're just as commercial as the weekend racers per the quidelines.

 

[Sherman]

haulers

Originally posted by JohnE

Planet? reality. The DOT was told to leave the horse haulers alone.

IMHO they're just as commercial as the weekend racers per the quidelines.

We must be from a higher level !!!!