2. Since I do depreciate the tow vehicle and trailer and deduct expenses of racing on my Federal and State tax returns, I am operating a commercial motor vehicle in the opinion of the US DOT. Here is what I am required to do and obtain to be legal for towing my racecars to and from races across the country.

a. DOT physical with a Medical Card is required of the driver at all times. Forms are available online and costs a little more than an office call.

b. US DOT number for the tow vehicle. Easy to obtain through the Internet at www.fmcsa.dot.gov

c. Drug and Alcohol test report on file at home office.

d. Daily Vehicle Inspection Form, dated and signed by driver before every trip.

e. You MUST comply with hours of service regulations and have an up-to-date logbook. I purchased a logbook and an Hours of Service guide at a local Flying J Truck-stop. NOTE: Certain drivers are exempt from logbook requirements if they operate within 100 air-miles of their home terminal, return to their terminal within 12 hours, drive no more than 11 hours within that time period, and keep another form of time record.

f. You must have three safety triangles in case you breakdown.

g. The vehicle must be equipped with a readily accessible fire extinguisher with a minimum rating of 5:BC.

h. You must stop at open weigh stations. Be prepared to have everything checked.

i. If the Gross Combined Weight Rating or actual gross weight of tow vehicle and trailer exceeds 26,000 pounds, you must meet the above requirements, PLUS you will need a CDL (Commercial Driver’s License). There are several restrictions to these and a local DOT office can get you the correct forms and explain the procedures to get a CDL.

1. How much fuel can I haul in my trailer or truck? Well, that depends. There is an exemption called the Materials of Trade Exemptions that allows you to haul gasoline that you will use during the event you are attending. The limit is 440 pounds, but there is a catch. It must be hauled in OSHA and DOT approved containers not exceeding 8 gallons each. If you are a commercial business, you will be asked for an MC90 insurance policy rider if you haul that much, to cover liability in case you have a spill after an accident.

2. If my buddy owns a body shop and we use his truck or trailer and it is registered to his company am I subject to commercial vehicle rules? According to the DOT enforcement manager I talked to, YES. If the tow vehicle or trailer is registered in a business name, then it is commercial.

3. I think I will just ignore all of this and if I am stopped I will tell them it is a hobby and I don’t run my racing expenses through my taxes. What then? Well, that is a whole new “bag of snakes”. If the DOT officer decides you might not be 100% honest, he can quickly find out if you use racing as a business or deduction through IRS files. If he finds this out, you will likely be fined the maximum for violations and “taken out of service” until you are in compliance. Another scenario is you might get by with it and see no problems, THEN you are involved in an accident. The other lawyer will start digging around to see if there is a “commercial interest” in your vehicles. When the lawyer investigates, subpoenas files and deposes witnesses, and determines you are involved in a commercial operation, you will quickly become a financial victim.

4. I have heard about an exemption for RVs or vehicles with lettering on them that say “Not for Hire”, “Private Carrier” and “Recreational Vehicle” on the sides. Does this mean they are not subject to Commercial Vehicle laws? Absolutely Not! If you are operating a commercial vehicle, you are quite simply a commercial vehicle, no matter how many signs you have on the vehicle stating you are not. If your truck and race operation qualifies as a commercial business, then it is. There isn’t a gray area on this.