trying to understand rules if using personal truck for auto transport

Discussion in 'Expediter and Hot Shot Trucking Forum' started by 23f250, Jan 12, 2025.

  1. 23f250

    23f250 Bobtail Member

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    Jan 12, 2025
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    I am planning to offer auto transport services within my local city and to some nearby cities that are up to 500 miles away. I plan to use my personal light truck (F-250) and trailers I own. My company will just be me working under my own LLC.

    The combined weight will always total <26,001 lbs. So, I understand this work will not require a CDL but I will need a DOT physical, UCR, BOC3, DQF, and an MC authority.

    I have questions about two things and will appreciate any constructive input:

    1) I understand that the FMCSA requires an ELD if going outside of 150 miles for work. So, it sounds like I will need an ELD on my truck based on my mileage.

    However, I expect I will otherwise continue to use my truck a lot for personal stuff between work opportunities. I understand that you can tell the ELD when you are engaged in authorized personal use: (https://www.fmcsa.dot.gov/hours-ser...ersonal Use: A driver,end of the driving time.)

    Does this sort of situation create any problems?

    2) I am finding conflicting information on whether I will need a road test certification. Some information suggests that my driver's license covers it in my situation. Other information seems to indicate I might need it.

    What is the real requirement? If I do need it, how does that work for a light truck I am already driving every day? It doesn't seem like that makes sense.

    Thanks!
     
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  3. 062

    062 Road Train Member

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  4. brian991219

    brian991219 Road Train Member

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    One question 1, your understanding is correct. Once you start using the truck for commercial purposes it is not your personal vehicle anymore and all activity with it must be accounted for. You can simply log personal conveyance on the ELD, but be prepared to defend your claim of PC as it is the most heavily abused part of the ELD so officers are always on alert for misuse.

    Personal use of your work truck also creates other issues such as accurately tracking the difference in business use for tax deductions, especially if you will be using the truck for a lot of personal errands and such. Very occasional use is not a problem, but daily or weekly personal use can raise some flags if you are ever audited for taxes and makes recordkeeping complicated. I generally advise my clients to keep the vehicles separate and not use their truck for personal use except for very rare occasions.

    Check with your accountant for advice, maybe even your lawyer as your insurance may not cover personal use of the truck - commercial auto insurance will not cover non-business passengers without an additional rider on the policy, so you may end up footing the bill if you have a crash or injury while using it on personal trips.

    As for question 2, if you have a CDL, you can use the road test exception found in 391.33. If you do not have a CDL then you will need to have a road test completed, even as an owner operator. This can be as simple as having another hotshot driver ride along and give the exam or your spouse if they meet the eligibility criteria to operate your truck and trailer by reason of experience. If you don't have those options then you may need to find a local compliance specialist company or maybe even your state motor carrier association could help.
     
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  5. 23f250

    23f250 Bobtail Member

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    Jan 12, 2025
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    Thank you for this great information.

    Overall, it sounds like it is generally tough for someone to do this sort of work part-time with their own vehicle. Based on the overall situation, I expect I will initially get some jobs and this will amount to part-time work. Then, hopefully, work would increase to total to good income.

    So it sounds like the rules assume one will always jump right in full-time at the outset.
     
  6. brian991219

    brian991219 Road Train Member

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    Yes, there is no difference in "part-time" or "full time" in the eyes of the US DOT. You either are a motor carrier or are not. Even someone like me, who, in one of my jobs, is a director of transportation at a company but retains my CDL and occasionally drives, must stay fully qualified if I want to drive even one day a year for the company.
     
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