BASIC REQUIREMENTS AND
SOME Q & A:
Who must comply?
For-hire motor carrier – A person or business that
provides transportations of persons or property in exchange
for any form of compensation or payment. When I quizzed
them about what that meant they responded with this response.
If you have decals or sponsor names on the car or trailer
and you race with the chance or plan to win money it is
commercial. If you deduct the racing expenses and show race
income on your taxes it is commercial.
What is a commercial
vehicle? Any self-propelled or towed vehicle used
on a highway in intrastate and interstate commerce to transport
passengers or property when the vehicle:
- has a gross vehicle weight rating, gross combined weight
rating. Gross weight or gross combined weight greater than
10,000 pounds; or
- is designed to transport more than eight passengers for
compensation; or
- is designed or used to transport more than 15 passengers
and is not used to transport passengers for compensation;
or
- is used to transport hazardous materials in quantities
requiring placards.
Logbooks/Hours of
Service Drivers of commercial vehicles are subject
to driving time limits as set forth in Part 395 of the Federal
Motor Carriers Safety Regulations. The federal rules provide
for three driving time rules that are in effect simultaneously.
- After a 100-hour break, a driver shall not drive more
than 11 hours.
- After a 10-hour break, a driver shall not drive after
14 consecutive hours.
A driver shall not drive after completing 60 hours on duty
in seven days, or 70 hours on duty in 8 days, unless the
34-consecutive-hour-restart provisions have been met.
Unless excepted, drivers must have a logbook which is current
to the last change in status in their possession when on-duty.
When on-duty, a driver must make the logbook available for
inspection by any law enforcement officer.
There is an exception for local travel, it is called the
100-mile-radius Exemption. As the name indicates it is for
traveling within a 100-mile radius of the driver or owners
base of operation.
Fire extinguishers,
triangle reflectors, fuses, inspections Each vehicle
must have a minimum of a 5 lb. B-C fire extinguisher in
an area clearly marked, three triangular reflectors that
can be set up behind vehicle in the event of a breakdown
are required. Spare fuses that match each circuit are required.
Pre-Trip Inspection sheet should ALWAYS be filled out and
kept in the logbook. Just a simple listing of what was checked
will do; lights, turn signals, tire pressures, brake pedal
and steering feel, hitch and safety chains, break-away battery
and switch and trailer tires and lights.
Driver Qualifications/Medical
Card There were forms on each state’s websites
for Medical Card qualifications and forms for the physicals.
Drivers must have a valid driver’s license for class
of vehicle being operated, medical examiner’s certificate
and skill performance evaluation (waiver if required).
There is a lot more to this, and there are
a lot of opinions on this as well. All I can say for now
is I was very surprised by the firm responses I got from
the DOT Officers and their resolve that they know most racing
operations are rated as commercial enterprises. I would
have to agree they are commercial in nature because we can
go to races that pay from $500 to $50,000 to win an event.
With the tow rigs and trailers getting larger and larger
and more valuable, it is very common for racers to take
advantage of certain IRS rules and depreciate these big-ticket
items on the annual IRS filings.
I will look further into this but in this
first installment I just wanted to make sure as many of
you as possible are alerted to what is going on.
Personally, I am going to get the DOT reflective
triangles, another fire extinguisher, a DOT physical and
definitely start keeping a logbook, so I don’t get
pulled over for 10 hours and possibly lose my “day
job” because I can’t be there Monday morning.
Quite a bit to consider, that’s for sure. I invite
your comments and any experiences you may have had with
these matters. Just consider one thing, the next guy they
pull over and tell them to leave their trailer at the weigh
station MIGHT BE YOU.
I have to admit I hate the thought of more
government invasions into my life but it goes hand in hand
with how things are headed, I guess. At least we still have
the freedom to go racing and burn up $7 per gallon race
fuel…
See you next month with an update.
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Dead-On
[6/8/05]
Bracket racing is continuing to
grow…it is great to witness and be a part
of it |
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