98% of the time I tow with my flatbed tow truck which is a commercial vehicle and subject to all DOT rules & regs.
When your towing with a pick up and your junk ain't all lettered up,you do not need a DOT number.I believe the drivers licence is more governed by your home state.Here's a letter I recieved a few years back after a lengthy conversation with a DOT senoir rep.
State of New York
Department of Transportation
Albany, N.Y. 12232
htto://www.nvsidot.govStanley Gee David A. Paterson
Acting Commissioner Governor
January 7, 2010
Mr. Al Levine
P 0 Box 403
Great Neck, NY 11022
Dear Mr. Levine:
I write to confirm our conversation today regarding USDOT numbering requirements.
A USDOT number and legal name (markings) are required for self propelled vehicles engaged in commerce when operated singularly or in combination weighing 10,001 pounds or more. FMCSA 390.5 Definitions - Commercial Motor Vehicle (CMV) (1).
Self propelled vehicles with a Manufacturer's Gross Vehicle Weight Rating (MGVWR) of less than 10,001 pounds when combined with a trailer may exceed 10,001 pounds, - if the operator is enraged in commerce - a USDOT number and legal name is required on the power unit. FMCSA 390.5 CMV (1)
Self propelled vehicles with a MGVWR of less than 10,001 pounds when operated singularly in commerce do not meet the FMCSA 390.5 CMV (1) definition of a CMV and are therefore exempt and not subject to any CMV requirements. In other words, no USDOT number or markings are required. Copy of FMCSA 390.5 enclosed.
The transportation of personal property - horses, race cars, antique tractors or whatever for personal use within the state or across state lines, - requiring the use of a vehicle singularly or in combination exceeding 10,001 pounds - not for profit or not in furtherance of a commercial enterprise, you do not deduct transportation costs or related expenses on your income tax returns, and any prize money is declared as ordinary income for tax purposes and corporate sponsorship is not involved; you are exempt from USDOT requirements and not required to have a USDOT number or markings as you are not engaged in commerce; (FMCSA 390.3 Sub (f) Exceptions (3).
Enclosed find CFR 390.3 (f) Exceptions (3) and related interpretations.
As example, you live in Great Neck, NY and your hobby is drag racing. You and other hobbyists are members of a drag racing Super Stock Nostalgia club. The club members are invited to exhibit their cars and participate in racing events in a show located in Englishtown, NJ.
Your pickup (hypothetically) has a gross vehicle weight of 8,500 pounds. The trailer has a gross manufactures weight of 10,000 pounds, in combination both truck and trailer are 18,500 pounds.
Because you are transporting personal property for personal reasons you are not required to have a USDOT number on your truck as you are not engaged in commerce or in furtherance of a commercial enterprise.
I suggest that you keep a copy of this letter and the enclosed copies of FMCSA regulations at hand in the event you are stopped roadside.
You may copy this letter and enclosed FMCSA regulations and distribute among club members in the event they are stopped roadside and are queried regarding USDOT numbers or marking requirements.
Please call if I can be of any further assistance, 518 457 3841. As further information, our Department Safety Officer is John Connolly. He can be reached at 518 457 3406.
Very truly yours,
Robert J. J. Motschmann
Carrier Compliance & Investigation Section
Registration & Permitting Bureau Office of Modal Safety & Security
Enclosures
§390.5
The term "fire trucks and rescue vehicles" should not be considered to include certain wildfire suppression services
support vehicles such as: trucks operated by caterers or other food vendors; cargo tank vehicles and trailers operated by
water supply companies; cargo tank vehicles and trailers
used to transport fuel for helicopters and auxiliary equip¬ment such as generators; vehicles used to transport tents (or
other temporary shelters), portable showers, or portable/
mobile restrooms; or, buses designed or used to transport 16 or more passengers, including the driver. Although cargo
tank vehicles and trailers operated by water supply compa-
nies should not be considered fire trucks or rescue vehicles, wildfire suppression efforts that require significant use of water supply companies are likely to result in the declaration
of an emergency, as defined in 49 CFR 390.5. If an emergency is declared, all motor carriers, including water supply compa¬nies, providing direct assistance (as defined in 49 CFR 390.5) in responding to the emergency would be covered by §390.23, an exception to all of the requirements of 49 CFR Parts 390 through 399.
*Editor's Note: This interpretation was issued after the interpretations were published in the Federal Register in April 1997.
§390.5 Definitions.
Unless specifically defined elsewhere, in this sub-chapter:
Accident means—
(1) Except as provided in paragraph (2) of this defini¬tion, an occurrence involving a commercial motor vehi¬cle operating on a highway in interstate or intrastate commerce which results in:
(i) A fatality;
(ii) Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
(iii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicles to be transported away from the scene by a tow truck or other motor vehicle.
(2) The term accident does not include:
(i) An occurrence involving only boarding and alight-ing from a stationary motor vehicle; or
(ii) An occurrence involving only the loading or unloading of cargo.
Alcohol concentration (AC) means the concentra¬tion of alcohol in a person's blood or breath. When expressed as a percentage it means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
Bus means any motor vehicle designed, constructed, and or used for the transportation of passengers, including taxicabs.
Business district means the territory contiguous to and including a highway when within any 600 feet along such highway there are buildings in use for busi¬ness or industrial purposes, including but not limited to hotels, banks, or office buildings which occupy at least 300 feet of frontage on one side or 300 feet collec¬tively on both sides of the highway.
Charter transportation of passengers means transportation, using a bus, of a group of persons who pursuant to a common purpose, under a single con-
tract, at a fixed charge for the motor vehicle, have acquired the exclusive use of the motor vehicle to travel together under an itinerary either specified in advance or modified after having left the place of origin.
Commercial motor vehicle means any self-pro-pelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or prop¬erty when the vehicle—
(1) Has a gross vehicle weight rating or gross combi-nation weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or
(2) Is designed or used to transport more than 8 pas-sengers (including the driver) for compensation; or
(3) Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
(4) Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secre-tary under 49 CFR, subtitle B, chapter I, subchapter C.
Conviction means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original juris-diction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nob contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.
Direct Assistance means transportation and other relief services provided by a motor carrier or its driver(s) incident to the immediate restoration of essential services (such as, electricity, medical care, sewer, water, telecommunications, and telecommunica-tion transmissions) or essential supplies (such as, food and fuel). It does not include transportation related to long-term rehabilitation of damaged physical infra-structure or routine commercial deliveries after the ini¬tial threat to life and property has passed.
Direct compensation means payment made to the motor carrier by the passengers or a person acting on behalf of the passengers for the transportation services provided, and not included in a total package charge or other assessment for highway transportation services. Disabling damage means damage which precludes departure of a motor vehicle from the scene of the acci-dent in its usual manner in daylight after simple repairs.
(1) Inclusions. Damage to motor vehicles that could have been driven, but would have been further dam¬aged if so driven.
(2) Exclusions.
(i) Damage which can be remedied temporarily at the scene of the accident without special tools or parts.
(ii) Tire disablement without other damage even if no spare tire is available.
(iii) Headlamp or taillight damage.
*390.3
PART 390 — GENERAL
Subpart A — General Applicability and Definitions
§390.1 Purpose.
§390.3 General applicability.
§390.5 Definitions.
§390.7 , Rules of construction.
Subpart 8— General Requirements and Information
§390.9 State and local laws, effect on.
§390.11 Motor carrier to require observance of driver regulations.
§390.13 Aiding or abetting violations.
§390.15 Assistance in investigations and special studies.
§390.16 [Reserved]
§390.17 Additional equipment and accessories.
§390.19 Motor carrier identification report.
§390.21 Meriting of CMVs.
§390.23 Relief from regulations.
§390.25 Extension of relief from regulations—emergencles.
§390.27 Locations of motor carrier safety service centers.
§390.29 Location of records or documents.
§390.31 Copies of records or documents.
§390.33 Commercial motor vehicles used for purposes other
than defined
§390.35 Certificates, reports, and records: falsification, reproduction, or alteration.
§390.37 Violation and penalty.
Subpart C — [Removed and reserved]
Subpart D — [Removed and reserved]
Subpart A — General Applicability
and Definitions
§390.1 Purpose.
This part establishes general applicability, defini¬tions, general requirements and information as they pertain to persons subject to this chapter.
§380.3 General applicability.
(a) The rules in Subchapter B of this chapter are applicable to all employers, employees, and commercial motor vehicles, which transport property or passengers in interstate commerce.
(b) The rules in Part 383, Commercial Driver's License Standards; Requirements and Penalties, are applicable to every person who operates a commercial motor vehicle, as defined in §383.5 of this subchapter, in interstate or intrastate commerce and to all employ¬ers of such persons.
(c) The rules in Part 387, Minimum levels of finan¬cial responsibility for motor carriers, are applicable to motor carriers as provided in §§387.3 or 387.27 of this subchapter.
(d) Additional requirements. Nothing in Sub¬chapter B of this chapter shall be construed to prohibit an employer from requiring and enforcing more strin¬gent requirements relating to safety of operation and employee safety and health.
(e) Knowledge of and compliance with the reg. ulations.
(1) Every employer shall be knowledgeable of and comply with all regulations contained in this subchapter which are applicable to that motor carrier's operations.
(2) Every driver and employee shall be instructed regarding, and shall comply with, all applicable regula-tions contained in this subchapter.
(3) All motor vehicle equipment and accessories required by this subchapter shall be maintained in compliance with all applicable performance and design criteria set forth in this subchapter.
(f) Exceptions. Unless otherwise specifically pro¬vided, the rules in this subchapter do not apply to—
(1) All school bus operations as defined in §390.5;
(2) Transportation performed by the Federal govern-ment, a State, or any political subdivision of a State, or an agency established under a compact between States that has been approved by the Congress of the United States;
(3) The occasional transportation of personal prop-erty by individuals not for compensation nor in the fur-therance of a commercial enterprise;
(4) The transportation of human corpses or sick and injured persons;
(5) The operation of fire trucks and rescue vehicles while involved in emergency and related operations.
(6Xi) The operation of commercial motor vehicles designed or used to transport between 9 and 15 passen-gers (including the driver), not for direct compensation, provided the vehicle does not otherwise meet the defi-nition of a commercial motor vehicle, except that motor carriers operating such vehicles are required to comply with §§390.15, 390.19, and 390.21(a) and (b)(2).
(ii) The operation of commercial motor vehicles designed or used to transport between 9 and 15 passen-gers (including the driver) for direct compensation, pro-vided the vehicle is not being operated beyond a 75 air-mile radius (86.3 statute miles or 138.9 kilometers) from the driver's normal work-reporting location, and provided the vehicle does not otherwise meet the defi¬nition of a commercial motor vehicle, except that motor carriers operating such vehicles are required to comply with §§390.15, 390.19, and 390.21(a) and (b)(2).
(7) Either a driver of a commercial motor vehicle used primarily in the transportation of propane winter heating fuel or a driver of a motor vehicle used to respond to a pipeline emergency, if such regulations would prevent the driver from responding to an emer-gency condition requiring immediate response as defined in §390.5.
(g) Motor carriers that transport hazardous materi¬als in intrastate commerce. The rules in the following provisions of subchapter B of this chapter apply to motor carriers that transport hazardous materials in
§390.3
Guidance; Under 4390.3(0(2), transportation performed by
the Federal Government, States, or political subdivisions of a State is generally exempt from the FMCSRs. Indian Tribal Governments are considered equivalent to a State govern-mental entity for purposes of this exemption. Thus, when a driver is employed by and is operating a CMV owned by a governmental entity, neither the driver, the vehicle, nor the entity is subject to the FMCSRs, with the following excep-tions:
(1) The requirements of part 383 relating to CMV driver licensing standards;
(2) The drug testing requirements in part 382;
(3) Alcohol testing when an employee is performing, about to perform, or just performed safety-sensitive functions. For the purposes of alcohol testing, safety-sensitive functions are defined in §382.107 as any of those on-duty functions set forth in §395.2 On-Duty time, paragraphs (1) through (6), (gener¬ally, driving and related activities) and;
(4) The accident report retention requirements of §390.15 are applicable when the governmental entity is performing interstate charter transportation of passengers.
rno
Question 21: Does the exemption in §390.3(0(3) for the "occasional transportation of personal property by individuals t for compensation nor in the furtherance of a commercial enterprise" apply to persons who occasionally use CMVs 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 trans-portation, 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 licen-sure to determine the licensing provisions to which they are
/........,
subject.
Question 22: If, after December 18, 1995, a Mexico-based driver is found operating beyond the boundaries of the four border States allowed by the North American Free Trade Agreement (NAFTA), is that driver in violation of the FMC-SRs? If so, which one?
Guidance: No. Driving beyond the four border States is not, in and of itself, a violation of the FMCSRs.
Question 23: Is transportation within the boundaries of a State between a place in an Indian Reservation and a place outside such reservation interstate commerce?
Guidance: No, such transportation is considered to be intr-astate commerce. An Indian reservation is geographically located within the area of a State. Enforcement on Indian reservations is inherently Federal, unless such authority has been granted to the States by Congressional enactment, ac-cepted by the States where appropriate, and consented to by the Indian tribes.
Question 24: To what extent does the FHWA have juris-diction to regulate the qualifications and hours of service of CMV drivers engaged in interstate or foreign commerce if the drivers only occasionally operate in interstate or foreign com-merce?
Guidance: The FHWA published an interpretation in the Federal Register on July 23, 1981 (46 FR 37902) on this subject. The FHWA must show that the driver or motor carrier has engaged in interstate or foreign commerce within a rea-sonable period of time prior to its assertion of jurisdiction under 49 U.S.C. 31136 and 31502.
The FHWA must show that the driver or motor carrier has actually operated in interstate commerce within a reasonable period of time prior to its assertion of jurisdiction. Mere
soliatatla of business thAt. wind& involve operations in in-terstate commerce is not suilicientto establish jurisdiction. If jurisdiction is claimed over a driver who has not driven in interstate commerce, evidence 'must be presented that the carrier has operated in interstate commerce and that the driver could reasonably be expected to make one of the carri¬er's interstate runs. Satisfactory evidence would include, but not be limited to, statements from drivers and carriers and any employment agreements.
Evidence of driving or being available for use in interstate commerce makes the driver subject to the FMCSEts for a 4-month period from the date of the proof. For that period, the motor carrier is also required to comply with those portions of the FMCS% that deal with drivers, driving, and records related to or generated by drivers, primarily those in 49 CFR parts 387, 391, 392, 395 and 396. The FHWA believes that the 4-month period is reasonable because it avoids both a week-by-week determination of jurisdiction, which is excessively narrow, and the assertion that a driver who is used or avail; able for use once remains subject to the FMCSRa for an unlimited time, which is overly inclusive.
Editor's Note: The following memorandum was issued February 8, 2000:
Purpose
On July 6, 1999,1 issued a memorandum to all field offices concerning the authority of the Office of Motor Carrier and Highway Safety (OMCHS) to regulate the qualifications and maximum hours of service of commercial motor vehicle (CMV) drivers who operate both in interstate and intrastate com-merce. Concerns about that memo have been expressed by (1) State agencies uncertain about its implications for the Motor Carrier Safety Assistance Program (MCSAP) (specifically, the tolerance guidelines for States' intrastate hours-of-service regulations); (2) motor carriers trying to determine whether Federal or State safety regulations would apply to intrastate trips made by drivers who also handled interstate runs; and (3) FMCSA field office personnel.
After considering the issues raised by the July memo, I have decided to change the policy of the FMCSA. This memo-randum explains when the agency will exercise jurisdiction over intrastate operations of motor carriers and drivers that sometimes operate interstate.
Background
The statutes on which most of the Federal Motor Carrier Safety Regulations (FMCSR,$) are based apply only to "inter-state commerce." The extent of the jurisdiction conferred by that term has been decided by the Federal courts in a long series of cases. Most of the motor carrier cases analyzing "interstate commerce" involve disputes about overtime pay under the Fair Labor Standards Act (FLSA). The FLSA ex-empts employers from the requirement to pay over time to any employee "with respect to whom the Secretary of Transporta¬tion has power to establish qualifications and maximum hours of service" under the Motor Carrier Act of 1935 (i.e., 49 U.S.C. 31502). Since the 1935 Art applies only to "inter-state com¬merce," the courts have had to determine whether drivers not currently operating across State lines may nonetheless be subject to the "power" of the Secretary, and thus not entitled to overtime pay.
In 1981 the Federal Highway Administration (FHWA), on be-half of its Bureau of Motor Carrier Safety, published a notice in the Federal Register (46 FR 37902, July 23, 1981) discussing the more important FLSA cases and interpreting its "jurisdiction to regulate the qualifications and maximum hours of service of commercial motor vehicle drivers engaged in interstate or foreign commerce." The notice summarized the conclusions of these cases as follows:
— 382 —
