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I have put together a presentation to help explain the DOT Regulations for
hobby racers. If you would like to see it, please let me know. I can send you the PPS file. (for some reason,
it doesn't play right when I upload it here).
I requested a "legal opinion" from Paul Cambria. This is what he sent me.
________________________________________________
There is nothing "dishonest"
about a DOT inspector not inquiring as to business issues when he was asked to come over and inspect for purposes of issuing
a number. He should have been asked--before he came over--if a number is necessary!
The Federal DOT regulations
clearly state that if you are transporting stuff (i.e., a race car) not in the course of a business, you are exempt from the
numbering and CDL rules:
(f) Exceptions. Unless otherwise specifically provided, the rules in this subchapter do not apply
to —
(f)(3) The occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial
enterprise... The DOT can pull you over
anythime they feel like it and all you have to say is that you are " on my way to club racing event and it is strictly recreational".
As long as you haven't broken and rules of the road, you should be good to go. If you don't have any commericial advertising
on the vehicel you are driving and no need for DOT numbers most likely they won't bother you at all. But if you are running
any sort of business with the vehicle you are driving, collecting purses at the race track, writing off any of the expenses
for your racing or caring equipment, cars anything else that you might be receiving compensation for, you are involved in
commerce and you' can be in trouble if you don't have all your proper paperwork (CDL, Log Book, Medical, etc...).
A good example:
RV(s) are exempt.
This uneven interpretation of
the laws affects racers, horsemen, etc. However, there is nothing much that can be done about it (save for keeping a
copy of the Federal exemption regulations in the truck) because you can get pulled over in any of 50 states!
You may
know the answer to this off the top of your head
From: Mary Cedeno [mailto:carlos_mary@verizon.net]
Sent: Monday, January 21, 2008 9:51 AM
To:
Paul Cambria
Subject: RE: Need a Legal Opinion
thanks.
Paul Cambria <pcambria@lglaw.com> wrote:
Can not
get to it righ away but will in the next week or so.
From: Mary Cedeno [mailto:carlos_mary@verizon.net]
Sent: Monday, January 21, 2008 9:06 AM
To:
Paul Cambria
Subject: Need a Legal Opinion
I will try to keep this short. I need
a legal opinion on the DOT numbering regulations and don't know where to start.
The (FMCSA) Federal regulation is 49
CFR 390.3 (f) - STATES are being paid by the FEDS to enforce this regulation. Some states are calling winning
a trophy at a race or show "commerce" and thus you are "in business". This is clearly not so according to the exemption
listed above (390.3(f)) I would like a legal opinion. Can you help me?
How can each state enforce a FEDERAL
regulation differently? Does that not impede commerce between the states? Under NY States own DOT website, it states "Note: Trucks
used strictly for personal (non-business) or recreational use do not require a USDOT Number!" Yet, recently one
of our club members, who does NOT have a business and races his car for recreation only, had applied for a number.
When the DOT inspector came, they never asked him if he was in business, they just went ahead and inspected the rig and
told him he needed the health exam, log books, and inspections. Isn't that dishonest?
I have much research and have many examples
and would love to talk to you about this.
Any help you can give would be appreciated.
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NY STATE DOT INFORMATION
NYSDOT has updated their website to provide additional information on this subject. Please visit that
site here:
This information is still relevant! (1/20/08) If you are not IN BUSINESS you do NOT need a DOT number! Don't take
my word for it, go directly to the link above (NYSDOT's web site) and confirm it for yourself.
My OPINION: Just because others may have mistakenly gotten the number doesn't mean you have to join them.
KNOW the regulations - if you are stopped and told you need a number, don't believe them - let the judge decide. DO
NOT GIVE UP YOUR FREEDOMS AND CIVIL RIGHTS without a fight!
The following has been copied directly from the NYDOT site:
Do I need a USDOT Number?
If you operate a truck for business purposes with a gross vehicle weight rating (GVWR) or a truck
and trailer with a gross combination vehicle weight rating (GCWR) of 10,001 lbs. or more, you need a USDOT number.
Note: Trucks used strictly for personal (non-business) or recreational
use do not require a USDOT Number!
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To the Federal DOT website noting the exact rule (390.3)
click on "interpretation" on the right and go
to question #21.
To USDOT Regulation 390.3
DOT Exception
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