Exemptions to the Federal Motor Carrier Safety Regulations (FMCSR)

[NeverEasy]

Seems some states are on a hunt for $.  Might want to print this information and have it in your truck.

Exemptions to the Federal Motor Carrier Safety Regulations (FMCSR) | FMCSA (dot.gov)

Chet

[spindrift]

Great info.  Thanks.

[Jim & Wilma]

Thanks for posting.  Spells it out pretty clearly.  Added to our folder we carry.

[Moresmoke]

Nice to see that clearly laid out in print. Thank You.

[Big5er]

It has been in the Federal Regs forever.

390.3 sums it up faster than that fact sheet.

(f) Exceptions. Unless otherwise specifically provided, the rules in this subchapter do not apply to -

(1)

(2)

(3) The occasional transportation of personal property by individuals not for compensation and not in the furtherance of a commercial enterprise;

I would be surprised that anyone authorized t o enforce the FedRegs would be unaware. The normal street cop cant enforce those regs anyway. You are more likely to need a copy of your state laws stating that you are not required to have a CDL. The average cop can enforce state laws regarding your drivers license and he is less likely to be schooled in what YOUR state requires if you are out of your home state.

[Randyretired]

11 hours ago, Big5er said:

It has been in the Federal Regs forever.

390.3 sums it up faster than that fact sheet.

(f) Exceptions. Unless otherwise specifically provided, the rules in this subchapter do not apply to -

(1)

(2)

(3) The occasional transportation of personal property by individuals not for compensation and not in the furtherance of a commercial enterprise;

I would be surprised that anyone authorized t o enforce the FedRegs would be unaware. The normal street cop cant enforce those regs anyway. You are more likely to need a copy of your state laws stating that you are not required to have a CDL. The average cop can enforce state laws regarding your drivers license and he is less likely to be schooled in what YOUR state requires if you are out of your home state.

This reminds me a some years back when I was thinking about a HDT I called the Colorado State Patrol in Montrose, CO to see if I needed a CDL.  The first cop wasn't sure but added a more seasoned veteran.   Their final thoughts were it looks like a duck in quacks like a duck..."we will write it up and let the judge decide".  It wasn't until I was taking the CDL driving test that I found out a CDL wasn't needed.  The Coca-Cola tester knew a CDL wasn't needed.  Many are confused about this.  In Colorado the standard drivers license says on it up to 26,001 pounds but here that is all that is needed for a recreational HDT.  That verbiage is what those cops hung their hat on.  I carry documentation on CO CDL requirements but luckily I have never had to use it.

[Ray,IN]

Big5ere is right, that exemption has been around for decades. No compensation means even winning a trophy at a race qualifies as compensation. If a driver receives any compensation, they fall under the CDL rules; with the exception of farm truck drivers and they have their own set of rules to follow.

Edited May 10, 2022 by Ray,IN

[Randyretired]

I occasionally transport my own backhoe and other things with my HDT.  When hauling something other than the RV I stop at the way and check stations.  Nearly always they want me to come inside with my paper work.  I learned on my first visit that I need to be hauling MY personal stuff and not for commerce in any way.  I once told them that I had a load of hay to give to my Granddaughter.   Big mistake.  We went through a lot of questions as to who owned the hay.  When I finally showed a receipt for the hay  with my name on it I was allowed to go on.  He told me it was technically my hay until I gifted it but I need to be sure there wasn't any compensation.  I am not sure if it was an attempt to catch me or more of a training session as the DOT officer kind of led me but in any case I learned.  My hay for my use period.  My backhoe for use on my land period. 

Edited May 10, 2022 by Randyretired

[Moresmoke]

On 5/10/2022 at 3:43 PM, Ray,IN said:

Big5ere is right, that exemption has been around for decades. No compensation means even winning a trophy at a race qualifies as compensation. If a driver receives any compensation, they fall under the CDL rules; with the exception of farm truck drivers and they have their own set of rules to follow.

If you read the linked interpretation, compensation from an event is not the consideration of whether or not a vehicle is commercial. It is very clearly stated in the interpretation that an individual can transport property to an event that offers prizes as long as there is no business connection to the heavy vehicle use.

That is what is significant about the FMCSA web post.

[Ray,IN]

19 hours ago, Moresmoke said:

If you read the linked interpretation, compensation from an event is not the consideration of whether or not a vehicle is commercial. It is very clearly stated in the interpretation that an individual can transport property to an event that offers prizes as long as there is no business connection to the heavy vehicle use.

That is what is significant about the FMCSA web post.

Re-read everything, we both said the same thing in different terms.