Here's the answer I got from someone "high up" at OOIDA, the Owner-Operator Independent Drivers Association (
http://www.ooida.com). No name, as I forgot to ask permission to use it.
I really don't think it definitively answers our questions, though...
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There are no new federal rules related to transportation by individuals of cars, horses, boats, etc., to races, shows or similar events. The question of whether transportation of this nature is subject to commercial driver and vehicle regulations has come up on several occasions over the years. It's all in how states interpret the applicability of the federal rules or whether they choose to enact a more stringent individual state law.
The first test is whether the vehicle or combination of vehicles could be considered a commercial vehicle. In part, section 390.5 of the Federal Motor Carrier Safety Regulations defines a commercial motor vehicle as: "...any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle - (1) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; 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 Secretary under 49 CFR, subtitle B, chapter I, subchapter C."
If the vehicle meets or exceeds the 10,001-pound weight threshold, or is transporting hazardous materials the towing vehicle does not necessarily have to be licensed as a truck for a state to consider it, or the combination, a commercial vehicle. The language "or gross vehicle weight or gross combination weight" is a relatively recent addition to the definition. This means that even if the GVWR of each vehicle and the GCWR is 10,000 pounds or less, but the actual gross weight exceeds 10,000 pounds, the vehicle could still be considered a commercial motor vehicle.
Section 390.3 describes the general applicability of the rules that apply to commercial vehicles, but provides an exception for "hobby" transportation. Section 390.3(f)(3) exempts: "The occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise." Furthermore, the Federal Motor Carrier Safety Administration published an interpretation as follows:
Question 21: 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 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 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 (
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.
Still, some states consider this type of transportation to be the "furtherance of a commercial enterprise" regardless of whether monetary compensation is involved. The mere fact that the best one might gain is a modest trophy will not deter these states from enforcing many provisions of the federal rules related to the driver and vehicle including hours-of-service, physical qualifications and vehicle maintenance standards.
Also, for those involved in racing that haul fuel for their race car or boat, a state may not only determine that the vehicle is a commercial vehicle subject to the rules above, but a myriad of other regulations could apply. If hauling more than 119 gallons of fuel in bulk, or fuel in individual containers totaling more than 1,000 pounds, a state could require that the driver comply with Commercial Driver's License, drug and alcohol testing, and hazardous materials regulations.
States must adopt the federal safety rules into state law for enforcement authority purposes. While states are required to be in substantial compliance with federal regulations, they can impose and enforce stricter laws as long as those laws do not prevent full compliance with the federal rules.
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