How to bring truck home?

Discussion in 'Ask An Owner Operator' started by BASARAB, Jan 24, 2015.

  1. Skate-Board

    Skate-Board Road Train Member

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    NO!!!! Absolutely wrong! There are tons and tons and tons of trucks on the road that are privately owned. The only thing that is required is liability insurance. temp plate and a CDL A license. That's it!

    Just one example. The guy down the road from me has show horses and pulls the trailer with a Freightliner. He does have to scale but he can drive non stop 24/7 with no breaks. He has no log book. He does have a DOT number but that's nothing. He doesn't even have an IFTA sticker. He also does not have an apportioned plate or registration.

    I drove my truck home with just insurance and a temp plate. No log book, no IFTA, no apportioned plate and no multi-state registration
     
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  3. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    If they are "show horses" that he enters in competitions, where cash prizes are awarded, then when he is traveling, he IS a commercial motor vehicle. Many a horse person has got into trouble around here pulling their horses to a competition in a trailer (with full living quarters) to a rodeo or other competition because they have RV tags on the trailer and let it slip that they are on their way to a competition when the cop asks "Where ya headed?". Most of the time they just get off with an "improperly registered vehicle" ticket because they are using an RV for commercial purposes, but if the cop really wanted to bust their balls he could. Even amateur racers hauling their cars/motorcycles to & from the track are technically CMVs if there is a chance they could earn money by finishing well.
     
  4. Skate-Board

    Skate-Board Road Train Member

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    They don't have commercial plates. Just regular plates. Better send out a memo to the gazzilion people out there doing this! I use to be involved with this sport. Better yet, call the DOT next time a show is going on. They can bust 100's of them at once. Not a single commercial plate in the lot. Not sure where your getting you info but I can tell you from personal experience your wrong on this.
     
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  5. Skate-Board

    Skate-Board Road Train Member

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    [h=1]Here, you can read this. Your wrong on the money thing also.

    Do I Need A Commercial Driver's License to Pull My Horse Trailer[/h]


    This concerns those increasing complaints of ropers being harassed by DOT and state troopers across the country for Commercial diver licenses. We have finally received notification via legal council concerning federal regulations on the matter. You may want to keep a copy of this in your truck.



    Federal Motor Carriers Regulations




    Under Part 390, Subpart A - general applicability and definitions, Part 390.3 (f). Exceptions. Unless otherwise specifically provided, the rules in the subchapter do not apply to - (3) the occasional transportation of personal property by individuals not for compensation or in the furtherance of a commercial enterprise.



    In the interpretation for 390.3 it states: 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 us CMV's to transport cars, boats, horses, etc., to races tournaments, shows or similar events, even if prize money is offered at these events?



    Guidance: The exemption would apply to this kind of transportation, provided: (1) The underlying activities are not undertaken for profit, i.e., 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 provision to which they are subject.

    ***********
    Since the IRS pretty well declares every roper as a hobbyist unless they can prove profit in consecutive years, the tax portion appears to let everyone off the hook. However, do point out that showing sponsorships on horse trailers may open the door to these penalties and temporary impoundment.
     
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  6. 04SSHD

    04SSHD Light Load Member

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    That's really a grey area, and that's up to the DOT officer at each POE to decide if they're going to let that fly. It's one thing if it's registered as a RV, and you have the proper amenities to register the vehicle that way (ie. toilet, etc). If you plan on doing interstate commerce with this vehicle, which I'm pretty sure the OP is planning on doing so then they can argue that the vehicle is a commercial motor vehicle, and is subject to FMCSA regulations. I'm a private carrier, and registered with DOT as such, but I'm still required to display a DOT number, apportioned plates, IFTA, and subject to HOS and logbook. I'm not saying you can't drive it back with regular registration and insurance, but if you come across the wrong POE at the wrong time and the officer at the coop wants to nit pick...then, well..."Lucy, you've got some splaining to do"

    IMO, do it right or don't do it at all.
     
  7. Cetane+

    Cetane+ Road Train Member

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    And if you want to go further into this, some states like NY for example does not require a CDL to drive your own tractor trailer for personal use. Its the same as some retired person driving a huge diesel pusher RV. Its just that yours looks like a tractor. The other huge problem is most "Drivers" have been pushed around by the cops on the side of the road. The cop is programmed to tell you you are wrong and to issue tickets. Thats there job, creating revenue. You have a good chance of getting tickets doing things technically legal. The cops are not programmed what is legal for personal use, they are programmed to issue tickets for things that make the state money. Once you realize that they are put there to make the state money, you will realize the reason they wright all those false tickets.
     
  8. Cetane+

    Cetane+ Road Train Member

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    You are still doing something completely different than the OP. You are hauling. The OP is NOT. Why do so many drivers drink the crap that the cop trys to pour down there throats? Is that the way all of you live, "ok, yes sir, I will take it like you tell me because you are perfect"? If you dont meet the requirements of a CMV, as defined by the FMCSA, then you are not.
     
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  9. 04SSHD

    04SSHD Light Load Member

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    This is very true, and if you plan to operate this way then have all of your T's crossed and I's dotted because you will be challenged on it. You will probably receive some ill-legitimate tickets from DOT officers wondering why you bypassed the coop, etc. Be prepared to have an attorney on retainer to handle these for you, or be prepared to waste a bunch of time in court. To each their own.



    And furthermore, I'm pretty sure this is exactly what the OP is asking about. As stated in the first post. "I don't have an authority set up yet, only have a registered corporation." That indicates to me that he is looking to buy a truck for interstate commerce, and is not ready to do so yet.

    Like I said before, get your ducks in a row, then drive back when you're ready to do so.
     
  10. Skate-Board

    Skate-Board Road Train Member

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    You guys are missing the point. Your only a commercial vehicle if your involved in commercial commerce. If your anything else like show horses or drag racing your not. Your income is not derived from the truck, it's from the prize money and is considered personal income. It's not up to DOT, it's up to the IRS if you don't report it. This has always been the rule.

    Like I said, show up at any rodeo, horse show, drag race or anything else. NONE have commercial plates.
     
  11. Derailed

    Derailed Road Train Member

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    proof of insurance on the tractor, the signed over title to you and bill of sale, and a trip to a dmv in the state your purchasing the truck in for a temp tag and your good to go. That's all you legally need.
     
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