Dear: Mr. Dot Officer in Houston, Texas

[Casey19]

On the way back from Opp, Alabama The #99 Team was pulled over in Houston, Texas by a DOT Enforcement - parked for over 2 hours and issued a variety of tickets -

 

He kept Glen in his car for over 1 hour pulling pictures of other Texas racers he had pulled over and citied -

 

This is what I have learned and it is frightening to me that someone within law enforcement can and does target individuals. But our attorney will travel to Houston and appear before a judge to define the law that he sent me.

 

 

http://www.motorists.org/other/dot-numbering

 

It clearly defines the law across the United States not just Texas -

[Casey19]

V’s AND THE USDOT NUMBERING REQUIREMENTS

 

OK, here’s the rub guys. You can get yourself a nice big toter home and tow your 50’ recreational stacker trailer anywhere you want and you won’t need to worry about those silly little DOT numbers. You can tow it all day long – cover 80ft of road and no worry. No USDOT requirements for RV’s used solely for recreational purposes, if you use them for business that’s something else and the regulations would apply.

[Truck99]

Just playing devil's advocate here. This stuff confuses even me. Taken from the article:

 

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.

 

Don't most racers claim expenses to offset the winnings and accept corporate sponsorship when fortunate enough to get some? If so, it seems like the exemption does not always apply. Or am I reading that wrong?

[Casey19]

[jwmbishop]

Just playing devil's advocate here. This stuff confuses even me. Taken from the article:

 

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.

 

Don't most racers claim expenses to offset the winnings and accept corporate sponsorship when fortunate enough to get some? If so, it seems like the exemption does not always apply. Or am I reading that wrong?

 

First of all you have to look at "occasional". I think first off one could not call transport of a race car to scheduled events occasional. I think this exemption is geared toward the guy who is moving, getting stuff from a one time deal etc... and second toss in corporate sponsorship (even that required NASCAR decal) and this fed exemption goes out the window and you fall back under the state determination of commercial (which makes NO distinction for "profit" etc - over set weight - which if I recall is over 10,001 combined rate - and crossing state line equals commercial)!

[Casey19]

First of all you have to look at "occasional". I think first off one could not call transport of a race car to scheduled events occasional. I think this exemption is geared toward the guy who is moving, getting stuff from a one time deal etc... and second toss in corporate sponsorship (even that required NASCAR decal) and this fed exemption goes out the window and you fall back under the state determination of commercial (which makes NO distinction for "profit" etc - over set weight - which if I recall is over 10,001 combined rate - and crossing state line equals commercial)!

 

"Occasional" is used for hobbist - You do not use the vehicle everyday for commercial transport - And you can have endorsement stickers on the race car that are mandatory -

[jwmbishop]

"Occasional" is used for hobbist - You do not use the vehicle everyday for commercial transport - And you can have endorsement stickers on the race car that are mandatory -

And so it comes down to case law or book law. Not always the same! Unfortunately sometimes it DOES take an attorney to help define.

[jracer98]

This sounds exactly like the Spreen's deal. Casey19---search site for a LONG message string on this subject

 

Jay

[Truck99]

This sounds exactly like the Spreen's deal. Casey19---search site for a LONG message string on this subject

 

Jay

 

I'm pretty sure it's the same DOT guy in Katy. I'd bet money on it.

[JamesHigdon]

Maybe this clown and the guy running around San Antonio pulling over Diesel trucks to check for DPF systems, soot traps and mufflers can get together and swap stories...When reasonable people become afraid of police officers run-amok the system needs to be revised and the officers need to be put in place as public servants not tyrants.

[Casey19]

I'm pretty sure it's the same DOT guy in Katy. I'd bet money on it.

 

You know exactly who I am talking about

He is "profiling"

[jracer98]

INTERESTING

–

1.5.3.2. The Non-Purse Purse: ChumpCar extends its award distribution for 2013, in addition to creating ChumpChange! Unless otherwise stated in the Supplemental Rules, all Non-Purse Purse awards shall be issued in ChumpChange dollars, issued by ChumpCar. (The legal disclaimer: CHUMPCHANGE HAS NO PUBLIC MONETARY VALUE AND IS NOT CONSIDERED LEGAL TENDER.) ChumpChange dollars are exchangeable for and may be applied to any ChumpCar event entry fee, including car entry fee, driver fee, licenses, transponder rental, and/or driver's school fee. ChumpChange was developed to keep the IRS off your back, the DOT off your arse and maintain a high-level of support from ChumpCar to keep racing costs down.1.5.3.3. ChumpChange cannot be used to pay for track damage, penalties (on behalf of charity), ChumpCar products or other fees. ChumpChange MAY be bartered or traded or transferred, as well as folded, spindled and/or mutilated. ChumpCar is NOT responsible for issued ChumpChange certificates, whether lost, stolen, waged in a card game, or eaten by the family dog. Lose'em and you're screwed. 1.5.3.4. ChumpChange shall be issued as an award in the following amounts: 1.5.3.4.1. For events 19-hours or longer: First Place $1,100; Second Place $800; Third Place $500; Fourth Place $300; and Fifth Place $200. Total $2,900. 1.5.3.4.2. For events between 11- and 18-hours: First Place $800; Second Place $500; Third Place $300; and Fourth Place $200. Total $1,800. 1.5.3.4.3. For events 10-hours or less: First Place $600; Second Place $400; and Third Place $200. Total $1,200 (Total $2,400 for a Double-7 weekend). 1.5.3.5. ChumpChange may be accumulated. HOWEVER, NOTE: All ChumpChange certificates shall EXPIRE AND ARE INVALID twelve (12) months from the date of issue. Any alteration of the date on the certificate shall render the certificate worthless. 1.5.3.6. ChumpChange must be endorsed (by signature and date on the back of the certificate, where designated) by the holder and mailed to the Regional Director PRIOR TO THE 60-DAY PAYMENT DEADLINE in order to have the value(s) applied for any event registration. ChumpChange that is NOT exchanged prior to the 60-day payment deadline will NOT be accepted and will require the Team Captain to pay for that event using (real) cash or credit card. 1.6. ChumpChange shall be pro-rated, based on the number of team entries for any one event: 1.6.1. Over 35 team entries, ChumpChange shall be awarded at 100% 1.6.2. Under 35 team entries, ChumpChange shall be awarded at 75% (or rounded to nearest $100)

[j.j.&s.racing]

all they know is revenew.ut what they are doing is profileing