WOW! Somebody said I am Right for once!(Sort of)

quote:

Originally posted by Mr. Obvious:
I really hate to ruin eneryone's evening but:
If you are stopped and all your weight stuff is correct we move on to step #2...
Do you race?
Is there money involved that you must claim on a 1099?
Is the truck or trailer registered to a business?
Business logo's on the trailer are a dead giveaway.
yes to any of these and you are considered a commercial vechile. You must:
have a log book, a health card, a DOT number,if you are transporting any fuel it must be noted.
You MUST stop at the scales reguardless of your trailer weight (under 10K). Open trailers may be able to get past this one.
so keep this in mind if they ask you what you are doing with the car or where you are going.
Obviously...

There is a great deal of misinformation out there regarding what makes what a commercial vehicle.

By your reasoning, if I have a one ton pick up truck which I use to haul my dog to the Westminster dog show where I can win money, and I operate Dutch's Canine Factory and have decals on the truck, that would make me subject to the commercial vehicle laws? You're saying I would need a CDL to drive my dog in this pick up?

Obviously that is not the case. Commercial vehicles are based on GVWR, and GVWR only.

What you're talking about is someone trying to use the motorhome exemption, when they have a big truck (registered to a business) with a 30 foot conversion on it with business logos etc...Obviously this will not pass the DOT smell test. However, this you see, is because of the GVWR of the vehicle in question, not solely as you say because you can win money etc...etc....

quote:

Originally posted by Mr. Obvious:
Do you race?
Is there money involved that you must claim on a 1099?
Is the truck or trailer registered to a business?
yes to any of these and you are considered a commercial vechile.
Obviously...

If your statement quoted above is correct, then allow me to ask you these questions:

Does it matter what size vehicle I'm driving? Surely it's not any vehicle right? If it has nothing to do with GVWR, then wouldn't any vehicle registered to a business be a commercial motor vehicle?

Those were rhetorical questions designed to illustrate my point that your statement above is erroneous.

By your example, if I had an F-150 and an open trailer towing a chevette, and I was stopped and I told the lawman that I raced the chevette, I would be considered a Commercial Vehicle. That is pure poppy****.

A commercial motor vehicle is clearly defined by the Pennsylvania Vehicle Code and the Federal Motor Carrier Regulations. I guarantee you that it is based on GVWR (aside from a blurb about vehicles designed to transport 16 or more passengers, a school bus, and transporting hazardous materials).

Your post confuses two separate issues. You're talking about vehicles that meet the GVWR standards of Commercial Motor Vehicles, but are registered as a Motorhome, thereby exempting them from Commercial Motor Vehicles laws. The lawmen and the Commonwealth are trying to close that loophole by showing that these so called "Motorhomes" are not used solely for personal use (which is a stipulation included in their exemption from Commercial standards.)

These Big Trucks disguised as motorhomes are not paying apportioned registration fees (which are at a MINIMUM $800-$900 a year compared to what, $81 for a motorhome plate?) They are not paying IFTA fuel tax dues, or Heavy Use Tax if they are registered over 55,000 pounds. You see, the state is missing out on a boat load of cash by these big trucks having motorhome plates. That is why there is an attempt to show that someone is conducting a business with the truck (ie, race...win money...etc....).

In closing, I hope you see that what you typed above would be correct (sort of) if the vehicle you are driving would already meet commercial vehicle standards based on it's GVWR, and you were attempting to circumvent the commercial regulations. It is not based solely on a "yes" answer to any of the 3 questions you posed.

You have the floor....obviously

FYI***The auction at the former Motorworks has been CANCELLED*****

There will be NO auction. Will not be rescheduled.

Also, there has been a few rumors going around about certain parts that are in my care. At any time these parts were and never will be up for sale at the auction. If anyone out there has a questions, comments or wants to know my business, come see me. Sorry I have to leave these comments here, but some rumors have started in these types of forums, so I will clear them up here.

This has not and never will be easy for me, so take a walk in my shoes. Mark was kind and fair to everyone and I will continue to be also. All I know is that your life could change in 50 hours and 37 minutes.

quote:

Originally posted by Mr. Obvious:

Federal Motor Carrier Safety Regulation Interpretation for Part 390.3
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 use CMV’s to Transport cars, boats, horses, ect., 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., (a) 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 provisions to which they are subject.

You just made my point. Which is that your first post is wrong. It involves much more than "Do you race?" "Is there money involved which you must claim?" and "Is the truck registered to a business?" Your initial post stated that a "yes" to any of these questions, regardless of weight, means you are commercial motor vehicle and need a DOT number, log book, and medical card. We now know that it takes much more than a "yes" to one of those questions. In fact, you just proved that most of us are exempt from what you originally said we all needed.

Your newest post shows everyone that the vast majority of sportsman racers are exempt under 309.3(f)(3) because....1) The underlying activities are not undertaken for profit, i.e., (a) 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.

Another important thing to note is that States have different laws. The Federal Government can not enact a law that is more restrictive than a State law. However, States can enact laws more restrictive than Federal law. States are still sovereign in this regard. This is why in the "Guidance" section of the Federal Regulations which you quoted above, it states: "Drivers must confer with their State of licensure to determine the licensing provisions to which they are subject."

I noticed that the link you posted earlier directed me to Minnesota’s laws. The laws in Minnesota are not the same as they are in Pennsylvania. Minnesota requires a USDOT number for in-state-only (intrastate) carriers. Pennsylvania does not require this, and neither does (or can they) the Federal government. That is why in Pennsylvania you don't see every single plumber, carpenter, electrician etc... having to put a US DOT number on his pickup truck.

Nice discussion, Obviously....

Wow what a mess....when did Pittsburgh Raceway become a DOT web site Had a great time last night. Good to see everyone having a great time.

LJ

Kudos to the track for bringing out the jet dryer and getting the racing going after that freak shower.

Prest, we had a meeting in the lanes, and we all blamed you for the shower. There's going to be a receiving line the next time you come to PRP to pass along our "thanks"

Although, it seems every time Lou comes over, we get wet....

Definitely kudos to PRP for getting the track dry and getting the TNT and Gamblers in last night. It was great to see the effort in getting the program completed.

Lou good seeing you last night as well. Also good to see Bubba Black making an appearance at PRP. Look forward to seeing you guys for the 4 day Memorial Day race. It will be a great time.

Good job to AJ Casper and Shelby Yonker for making it to the finals of the Gamblers with AJ taking the win and the $350 cash.

The new gamblers payout structure was awesome. I was surprised when they told me I got 10 bucks for making it to round 3.

Great things to come this year.

Dutch:
I'm done, You have flat worn me out. Good luck on the hiways.

This message has been edited. Last edited by: Mr. Obvious,

All the details are worked out for the Shootout races. Here is the deal.

2 separate classes Box and No Box.
Entry capped at 32 per class.

Box shootout Saturday Night under the lights.
No Box Shoot Sunday morning

Entry Fee $200
Winner $2500
RU $1000
SEMI $500
QTR $225

Pre-Entry Deadline May 25th.

Contact Josh Wirt josh@pittsburghracewaypark.com 724-668-7600

or mail Check/Money Order payable to Pittsburgh Raceway Park
538 Stone Jug Road
New Alexandria, PA 15670

This message has been edited. Last edited by: AJ Casini,

quote:

Originally posted by Tom Lang:
I'm working on some new music for the Pittsburgh Pro Mod shows. Instead of using one song and making everybody sick of it, I'd like to start each round off with a different song. I've got quite a few on my list. Matter of fact I have 49 songs on my list and including qualifying there are only 30 rounds scheduled. I'd like some ideas from everybody else. What songs would you like to hear?
THIS IS NOT A VOTE. Just asking for suggestions.
Can't be too off the wall, remember, we're trying to play to the whole crowd.

Hot For Teacher - Van Halen (beginning sounds like big lopey cam )

Ladies and Gentlemen - Saliva

Fuel - Metallica

Man In The Box - Alice In Chains

I Can't Drive 55 - Sammy Hagar

Gimmee Back My Bullets - Lynyrd Skynyrd

Lose Yourself - Eminem

Dutch, I thought I knew who you were, but I just got off the phone with that other person and he said it wasn't him posting. Do you race, and do you work for the state? Just curious.

Tom, the best rock and roll song ever is Born to Run. And that would fit in well with the racing, get it, Born to Run?

quote:

Originally posted by Mr. Obvious:
Dutch:
I'm done, You have flat worn me out. Good luck on the hiways.

Sorry about wearing you out. I just like to be factual. By the way, it looks like you removed all of your posts regarding this topic. That seems weird to me. Anyway, best of luck to you as well.

Tony, no I don't race but I am interested in starting. I don't live near PRP but I have been there, which is what led me to this forum. Also, as for my employment, I am in a position to know a great deal about this topic. However, I would rather not get into the details of my employment.

Take care guys,
Dutch

quote:

Originally posted by Tony Fagnilli:
Tom, the best rock and roll song ever is Born to Run. And that would fit in well with the racing, get it, Born to Run?

Huh, so you wouldn't recommend a song like... ?

"It's Raining Men" by Paul Jabara and Paul Shaffer

Tom, you better include a song or two from the Village People to keep Tony happy.

Tony, true, but then Wilma and Heywood will think the song is about them.

Hot for Teacher, I Can't Drive 55 and Born to Run are on my list.

Chuck if you could bring the songs you suggested to the track tommorrow I can add them to my collection. I only have 4500 songs to choose from right now. I am also looking for whichever Three Doors Down CD that has Kryptonite on it.

The top 5 on my list right now are:
1-Welcome To The Jungle
2-Rock'n'Roll
3-Cum On Feel The Noize
4-Scuttle Buttin'
5-Gimme Shelter

Also way up on the list are; All Along the Watchtower,Soul Man,Brown Sugar, Rockstar,Hells Bells, Livin' in the USA (cars doing burnout in the beginning kinda fits drag racing) and Matchbox. I've also got some goofy stuff we can throw in just to see if everybody is paying attention.

Tom, I'm a technological dinosaur. I'll try to find some youtube links and post them instead. Should be able to get 'em all except maybe the Skynyrd.

Great call on Livin' In The USA and some Hendrix.

may i make a suggestion.....these songs that you are picking out for a playlist...you shouldn't just play them for the pittsburgh pro mods. if it were me announcing...i would have songs playing all the time. norwalk has music playing and the announcer talking at the same time. music really gets people in the zone...when i hear a certain song on the radio i turn it upppp! so...you should play music during time trials...when no cars are going down the track...all the time. you really dont even need to announce during time trials...as long as we hear the call to get to the lanes...keep the music rocking