Need a little advice CDL/non CDL

@brian991219 and anyone else that can help

I used my tractor commercially for several years and now I really just want to use it to move my brother's things to his farm. He has his personal things to move plus he has quite a bit of Excavating equipment. The farm is about 3 hours away.

His hobby is actually to buy Excavating equipment and he needs more at the farm so that's really what the truck will be used for. He's actually going to excavate a road and build a garage and do a lot of construction and excavating there. He may even buy a dump trailer so I can haul Stone in for him and whatever else he needs.

Now I'm really not interested in commercially driving anymore myself. I'll move his things and haul for him for the farm but I don't want to work commercially anymore. I do have my F350 on my authority to keep it active and I could go run hot shot Freight if I like.

So I could not figure out how to tag the tractor or register it to do this, so I got a tag but the registration is still in the LLC business name.

It was very difficult trying to figure out what to do because they would only give me an apportion plate and at that point I wasn't really thinking about much except trying to get his things moved. We had a trailer he bought and I had to go get it, so I tagged it in name of the LLC.

Now thinking on that, that makes me nervous. A truck tagged in the name of the business that's being used personally with non-cdl requirements I think the wrong dot guy may give me a real hard time.

On the other hand, I don't know that there is a regulation that says if your truck is registered in a business name that you can't use it personally.

I am also curious because it's my brother's things I'm moving not mine, but I truly am doing this to help my brother I'm not doing this to get paid or run a business. That truck is not listed on my MCs 150. Only my f350.

At the moment the insurance on the truck is Haggerty Classic Car insurance, so obviously I'm not using it for business but again I can see the wrong cop give me a hard time.

And when it really becomes time to start moving the equipment up there, I'm going to get a regular policy, but it's going to have way low limits that are nowhere near what you need to haul commercial or for anyone else.

If I transfer the truck into my personal name, I will have to pay another $2,500 registration, I will have to pay sales tax, and I still have no guarantee that they will not give me a hard time because even though it's my immediate sibling, they actually are not my own things I'm moving.

Is that really a problem?

Now I could start an LLC with my brother for the farm and put myself on for a very small tiny percentage just to get the truck registered as a farm truck, but I think at that point the Farm owns the truck, not me. So if my brother has 99%, he owns 99% of my truck as far as I understand. I'm going to check with the CPA as soon as I can to make sure that's correct.

I trust my brother but I'm old enough and I've been around enough to know that you don't do those kinds of things. You keep things separate you keep them simple.

I've considered joining a Consortium so they can see that I'm not hiding from the drug test, but if I'm doing something that's non-cdl it's not required. And if I do that they may just turn around and say that's more evidence that I'm running a business I don't have the right Insurance how dare you let's throw the book at you.

Since the truck is already tagged, I have considered running it on a limited basis commercially, but the insurance is probably about $10,000 a year now so I really would have to work more than I want to just to pay off the insurance.

I have back and leg issues that I can drive part time, that would be okay, but if I drove every day I wouldn't be able to walk, and I'd be in severe pain.

It's incredible how much relief I have not driving.

So at this point I'm not quite exactly sure what to do except I'm going to talk with my accountant and see if there's any other way to set this up with the farm that somehow I still retain complete ownership of the truck.

Isn't there any way I could just lease the truck to the farm?

I suppose the farm could own it and I put a lien on it but.. anybody that has any advice I'd appreciate it.

 

Thank you so much I appreciate that.

When I parked my truck, in one year exactly I went from 220 lb to 170 lb. The difference in how I feel is night and day.

When I went up to pick up our low bed, it was about 3 hours away. When I got out of the truck I couldn't walk. The pain isn't really as much in my back. What seems to happen is my hip flexors immediately become so tight and simultaneously my hamstrings tighten up and my quadriceps and all of a sudden I get out of the truck and my muscles have shortened up to the point I can't walk, I can't stand barely, all I can do is hobble around and walk it off.

I remember times when I was driving I'd have to pull over and I'd get out of the truck and my hamstrings and my quadriceps would both be cramped simultaneously. Now I realize it was my hip flexors also. No matter how you move to try to stretch that out it just got tighter. Again all I could do is hobble around until I could walk it off. That was really painful.

I remember going to truck stops and trying to stretch it out and trying to really release it before I go to bed at night and there's no way possible driving I could ever do that that I could see.

I could feel my body getting Tighter and Tighter and I could feel such a lack of range of motion like my body was strangling itself and the stiffness and pain was unbelievable.

There was just no way I could continue like that. It was making me like a cripple.

Now I work out every single day. I'm still having problems with my hip flexors and the psoas muscles in my back are not as strong as they should be but I am strengthening them and I feel so much better. I go through my whole day with no pain.

Now, my legs, my hip flexors, my back, it all keeps becoming more and more flexible.

I'm going to go next month and we'll see maybe they'll give me therapy or maybe there is something else going on, but we'll see.

I've been so incredibly fortunate that at this point in time I have other opportunities in life other than trucking. I'm fortunate that it wasn't my lifelong dream or anything like that. I knew that it's time would come and go.

I'm really happy for you that you were able to overcome your problem.

 

@brian991219

Thank you that was really the answer that I was looking for.

At this point, I'm not concerned about using the truck for myself whatsoever. If I can just lease it to the farm and put a farm tag on it and be exempt from the regulations and insurance other than the farm plate and Farm Insurance, I'm fine with that.

He needs the truck up there for some time. I think he's going to buy a dump trailer and he needs Stone hauled in and he's going to have quite a site development going on up there at his own Farm. A lot of Excavating has to be done for the road and the building and all the other stuff he's doing there.

How do I go about leasing the truck onto the farm? Does the farm have to have an LLC? Can I leave the truck in the name of the business or does it have to change?

 

That's excellent advice.

I completely get that when things happen people get sour and that's exactly why I'm trying to work all of this out.

My brother and I both have had equipment our whole lives and he understands every mile of that truck moves cost money and that things happen and he wants to reimburse me or figure a way that's fair to do this and I do also.

For me leasing the truck to the farm is the absolutely best thing of all. I was told I wasn't able to do that.

Him paying me a fee per mile or hour or whatever would work for me. The truck will be mine we can put it on full coverage if an act of God happens and aside from that it'll just be me running my truck like I always have it'll just be for him and the farm and part-time. We'll figure whatever fee would work for that.

If we write up a lease agreement, does the farm have to have an llc, or can I write that up with him personally?

Is this, now I know we are in pennsylvania, but is it this as simple as my business can write up an agreement with him personally, and then my business is leased on to his farm, but because I'm exclusively leased on to his farm I don't have the CDL requirements and I'm limited to only strictly moving equipment for the farm?

That's okay with me, if that's how we do that.

 

That's also excellent advice to find a good Farm notary.. going to do that right now.

Thank you Brian I appreciate it. This has been such a mess trying to figure it all out.

Leasing on to him will solve multiple problems for both of us.

If I have any more questions I will call on you again.