Do a web search for Pete Garrammone.

Jim Marlett
http://flatheaddrag.com/



On May 7, 2008, at 6:36 AM, Dean Miller wrote:
>

----- Original Message -----

From: Mary Cedeno

To: NostalgiaDragRacing@yahoogroups.com

Sent: Wednesday, May 07, 2008 4:18 PM

Subject: RE: [NostalgiaDragRacing] Re: Have you been Affected by USDOT Regulations?

Ken,

 

I have again confirmed what I have already told you.  I spoke today with NYDOT head of the Truck & Motor carrier Bureau in Albany, Bill Leonard.  He confirmed that the exception I told you apply would certainly apply - provided you were not writing off expenses, or corporately sponsored.  He said he very much discourages people from gettting a number unless they are truly commercial.  I told him about folks like you being told they need a number, he said he would contact the Batavia officer directly and speak to him about the regulations.

 

I do not know if, when you were stopped, your car had the name of your plumbing business, or if you were indeed writing off your expenses....which are of course, commercial indicators.  If you were - then you need a number...but if not...you don't.

 

Please let me know if you have had any additional dealings with DOT officers in your area.  I am very interested and continue to pursue information to help the hobbyists.

 

I have a series of articles being published in the North American Trailer Dealers Assoc. trade journal on this subject, if you would like a copy of these articles please let me know and I'll add you to my email list.

 

Mary

KENNETH IAMELE <KIAMELE@...> wrote:

HI, I have a question; I own my own plumbing business with a cube van, what if I wanted to pull my race trailer with it? It is a DBA and the van is registered to me as personal registration not a business. I have been using my fathers pickup to tow the race trailer but when I was stopped and when I went to the local DOT office in Henrietta  NY I was told both times that the registered owner has to have DOT #’s on the truck when ever you tow a trailer. I have been in the plumbing business since 1982 and have driven all kinds of trucks from pickups to box trucks and we never had to pull over at truck inspection stations. In July of 07’ my employee was pulled over in my cube van for going past one on rt 490 east and he received 6 tickets and I got 8. the first one for both of us was no DOT #’s. he called me and I talked to the dot cop, he stated that in July of 06’ NYS put in to law that any commercial truck, 10,001lbs or over and under has to stop at the inspection stations and have DOT #’s. I got them for my van. Not to long after is when I was pulled over on I90 coming home from a night of Jr Drag racing at Lancaster, as stated below. Is there something in writing that we should carry with us to defend our self’s on the road? My father all ready got the DOT #’s for his truck because I told him I had to have them to tow the trailer. I’m hoping I didn’t screw him here. Any help or info would be greatly appreciated. KILLER KEN IAMELE    

---

From: NostalgiaDragRacing@yahoogroups.com [mailto:NostalgiaDragRacing@yahoogroups.com] On Behalf Of Carlos & Mary
Sent: Friday, February 29, 2008 11:33 AM
To: NostalgiaDragRacing@yahoogroups.com
Subject: [NostalgiaDragRacing] Re: Have you been Affected by USDOT Regulations?

Guys,
I have forwarded the email to Mary and of course we all have to
do what we think is best for us individually.
Mary did a Power Point presentation that points out all the issues
and was backed up by lawyers and at least one State DOT supervising
officer,
There is a problem with just getting a DOT number when it doesn't
really apply to you. Yes you may think I got the number now I am
safe!!
Well its not that easy. By getting the number you are now telling
the DOT that you are in business and you have now accepted and are
now required to follow all the regulations including hours of
service, rest time, drug/alcohol testing, safety reviews and service
logs. It must be followed in precisely the methods and manners the
law requires, not just what you think they may want.
You have accepted and are now being held to the same standards as
the professional trucking companies and professional truckers must
adhere to.
Your number is also now on the database and when a DOT officer pulls
up next to you on the highway they can simply enter it into the
computer and receive a percentage result of how many times you have
been stopped and been found out of compliance. Ignorance of the law
and requirements will not be an excuse and fines for not being in
compliance will begin at $1000.00 per infraction! :(
Both a lawyer familiar with the subject, and a Florida DOT
supervisor have stated that getting a number when it does not apply,
or not being able to fully answer the roadside officer gives that
officer a mixed signal and they will therefore think that some sort
of business is going on.
Racing for prize money and or a trophy is not being in commerce as
some road side officers would have folks believe. It is either
ignorance on their part, or an argument that justifies their view
and makes their job easier, your life harder and brings in $ in
revenue to local jurisdictions.
Just last week talking to a couple of former Professional drivers
who said folks signing up for a DOT number when its not warranted
will cause them a lot of headaches.
Recently a father and son racing team that have a big rig to tow
their race cars with their name asked Mary for info. She directed
them to their state DOT with all the information and in the end they
where told they did not need a DOT number for what they where doing
in their case.
If you have not seen Mary's presentation ask her directly for it and
check it out, it is not the end all but it may give a better
understanding of the issues.

All that said do what you think is best for you and we wish you the
best and safe motoring.

Carlos

--- In NostalgiaDragRacing@yahoogroups.com, "KEN IAMELE"
<KIAMELE@...> wrote:
>
> HI, Iwas pulled over coming back to rochester from lancaster
speedway
> on a tuesday night this past year. I was towing a 24' enclosed
> trailer with "NOT FOR HIRE" on it using my fathers pickup truck. I
> did not get any tickets but the truper told me that becouse i am
> racing for money weather its cash or a thropie with a cash value
you
> are in buisness and you need dot #'s. I had all of the safty items
in
> place, ie; fire extigisher, firts aid kit, safty tri-angles ect.
he
> let me off with a warnning. i have since gotten the dot #'s & i
hope
> there is nothing more i need incase i get pulled over again.
> KILLER KEN
>
>
>
> -- In NostalgiaDragRacing@yahoogroups.com, Mary Cedeno
> <fairenforcement@> wrote:
> >
> > Oh the injustice of it all!! Makes one want to stay in bed.
> I'll keep at it though. The difference is that you are in the
> trucking business. My cause is really for the hobbyist - someone
NOT
> in business on the road with a CMV. There are many of us. Thanks
> for the feedback though. This is what I'm looking for.
> > M
> >
> > everhartsgarage <everhartsgarage@> wrote:
> > Fairenforsement, having spent 17 years in the trucking
> bussiness I
> > can tell you that it does not really matter what the law may be
as
> > you and I read it to be or even what we have been told by the
> people
> > who wrote the law. In reality it is up to the officer who may
write
> > you a ticket and then you can go before the judge and make your
> case
> > to him and he will decide if you were right in your thinking of
> what
> > the law was in your case. Usually you are about 3 states from
home
> > and
> > you'll need to pay the fine or post a bond before you can
continue
> > on your way. And
> > then at a later date you can go back 3 states and see the judge.
> > Maybe you'll get to see him 2 or 3 times, or until you get tired
of
> > making the trip to see him. He'll tell you what he
> > thinks about it. I know, because I'll done it a couple of times.
> You
> > keep up the good work, and good luck in your cause.
> > though.
> >
> >
> > --- In NostalgiaDragRacing@yahoogroups.com,
> > Mary Cedeno <fairenforcement@> wrote:
> > >
> > > Hi,
> > >
> > > I'm a new member to your group. I joined so that I could learn
> > how hobbyists are being affected by the USDOT Regulations, and
so
> > that I could help folks to know what the regulations are. I am
not
> > a regulatory official or a lawyer, I have simply done a ton of
> > research on this subject and would like share what I have
learned
> > and learn even more.
> > >
> > > Many people all over the country who are NOT in business have
> > been reporting that they have been stopped by law enforcement
and
> > told they need a USDOT number. Here is what the Federal
Regulations
> > state as far as applicability of that regulation goes:
> > >
> > > 390.3(f) Exceptions: Unless otherwise specifically provided,
> > the rules in this subchapter do not apply to
> > > (f)(3) The occasional transportation of personal property by
> > individuals not for compensation nor in the furtherance of a
> > commercial enterprise;
> > >
> > > Furthermore, the FMCSA even provided GUIDANCE on what they
> > meant. Here is that guidance:
> > >
> > > 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 (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.
> > >
> > > Although these are Federal Regulations, each state has adopted
> > these regulations as their own, in order to be able to enforce
> > them. ( A deal the states made with Feds -for which they get
paid
> > of course).
> > >
> > > My understanding is that unless there are additional STATE
> > regulations that make it so, if you are not in business, not
> writing
> > off your expenses, etc., then the USDOT regulations do not apply
to
> > you. I have been working hard at contacting the individual
states
> > to confirm that there are no additional rules that would apply,
and
> > the dozen or so I've contacted so far, have no additional rules.
> > >
> > > I would like to know if you are not in business and have been
> > pulled over by enforcement - what happened?
> > >
> > > As my username implys, I am fighting for Fair Enforcement of
> > this regulation...
> > > Thanks.
> > >
> > >
> > > ---------------------------------
> > > Be a better friend, newshound, and know-it-all with Yahoo!
> > Mobile. Try it now.
> > >
> >
> >
> >
> >
> >
> >
> > ---------------------------------
> > Looking for last minute shopping deals? Find them fast with
Yahoo!
> Search.
> >
>

---

Be a better friend, newshound, and know-it-all with Yahoo! Mobile. Try it now.

---

No virus found in this incoming message.
Checked by AVG.
Version: 8.0.100 / Virus Database: 269.23.9/1420 - Release Date: 5/7/2008 2:12 PM

HI, I have a question; I own my own plumbing business with a cube van, what if I wanted to pull my race trailer with it? It is a DBA and the van is registered to me as personal registration not a business. I have been using my fathers pickup to tow the race trailer but when I was stopped and when I went to the local DOT office in Henrietta  NY I was told both times that the registered owner has to have DOT #’s on the truck when ever you tow a trailer. I have been in the plumbing business since 1982 and have driven all kinds of trucks from pickups to box trucks and we never had to pull over at truck inspection stations. In July of 07’ my employee was pulled over in my cube van for going past one on rt 490 east and he received 6 tickets and I got 8. the first one for both of us was no DOT #’s. he called me and I talked to the dot cop, he stated that in July of 06’ NYS put in to law that any commercial truck, 10,001lbs or over and under has to stop at the inspection stations and have DOT #’s. I got them for my van. Not to long after is when I was pulled over on I90 coming home from a night of Jr Drag racing at Lancaster, as stated below. Is there something in writing that we should carry with us to defend our self’s on the road? My father all ready got the DOT #’s for his truck because I told him I had to have them to tow the trailer. I’m hoping I didn’t screw him here. Any help or info would be greatly appreciated. KILLER KEN IAMELE    

---

From: NostalgiaDragRacing@yahoogroups.com [mailto:NostalgiaDragRacing@yahoogroups.com] On Behalf Of Carlos & Mary
Sent: Friday, February 29, 2008 11:33 AM
To: NostalgiaDragRacing@yahoogroups.com
Subject: [NostalgiaDragRacing] Re: Have you been Affected by USDOT Regulations?

Guys,
I have forwarded the email to Mary and of course we all have to
do what we think is best for us individually.
Mary did a Power Point presentation that points out all the issues
and was backed up by lawyers and at least one State DOT supervising
officer,
There is a problem with just getting a DOT number when it doesn't
really apply to you. Yes you may think I got the number now I am
safe!!
Well its not that easy. By getting the number you are now telling
the DOT that you are in business and you have now accepted and are
now required to follow all the regulations including hours of
service, rest time, drug/alcohol testing, safety reviews and service
logs. It must be followed in precisely the methods and manners the
law requires, not just what you think they may want.
You have accepted and are now being held to the same standards as
the professional trucking companies and professional truckers must
adhere to.
Your number is also now on the database and when a DOT officer pulls
up next to you on the highway they can simply enter it into the
computer and receive a percentage result of how many times you have
been stopped and been found out of compliance. Ignorance of the law
and requirements will not be an excuse and fines for not being in
compliance will begin at $1000.00 per infraction! :(
Both a lawyer familiar with the subject, and a Florida DOT
supervisor have stated that getting a number when it does not apply,
or not being able to fully answer the roadside officer gives that
officer a mixed signal and they will therefore think that some sort
of business is going on.
Racing for prize money and or a trophy is not being in commerce as
some road side officers would have folks believe. It is either
ignorance on their part, or an argument that justifies their view
and makes their job easier, your life harder and brings in $ in
revenue to local jurisdictions.
Just last week talking to a couple of former Professional drivers
who said folks signing up for a DOT number when its not warranted
will cause them a lot of headaches.
Recently a father and son racing team that have a big rig to tow
their race cars with their name asked Mary for info. She directed
them to their state DOT with all the information and in the end they
where told they did not need a DOT number for what they where doing
in their case.
If you have not seen Mary's presentation ask her directly for it and
check it out, it is not the end all but it may give a better
understanding of the issues.

All that said do what you think is best for you and we wish you the
best and safe motoring.

Carlos

--- In NostalgiaDragRacing@yahoogroups.com, "KEN IAMELE"
<KIAMELE@...> wrote:
>
> HI, Iwas pulled over coming back to rochester from lancaster
speedway
> on a tuesday night this past year. I was towing a 24' enclosed
> trailer with "NOT FOR HIRE" on it using my fathers pickup truck. I
> did not get any tickets but the truper told me that becouse i am
> racing for money weather its cash or a thropie with a cash value
you
> are in buisness and you need dot #'s. I had all of the safty items
in
> place, ie; fire extigisher, firts aid kit, safty tri-angles ect.
he
> let me off with a warnning. i have since gotten the dot #'s & i
hope
> there is nothing more i need incase i get pulled over again.
> KILLER KEN
>
>
>
> -- In NostalgiaDragRacing@yahoogroups.com, Mary Cedeno
> <fairenforcement@> wrote:
> >
> > Oh the injustice of it all!! Makes one want to stay in bed.
> I'll keep at it though. The difference is that you are in the
> trucking business. My cause is really for the hobbyist - someone
NOT
> in business on the road with a CMV. There are many of us. Thanks
> for the feedback though. This is what I'm looking for.
> > M
> >
> > everhartsgarage <everhartsgarage@> wrote:
> > Fairenforsement, having spent 17 years in the trucking
> bussiness I
> > can tell you that it does not really matter what the law may be
as
> > you and I read it to be or even what we have been told by the
> people
> > who wrote the law. In reality it is up to the officer who may
write
> > you a ticket and then you can go before the judge and make your
> case
> > to him and he will decide if you were right in your thinking of
> what
> > the law was in your case. Usually you are about 3 states from
home
> > and
> > you'll need to pay the fine or post a bond before you can
continue
> > on your way. And
> > then at a later date you can go back 3 states and see the judge.
> > Maybe you'll get to see him 2 or 3 times, or until you get tired
of
> > making the trip to see him. He'll tell you what he
> > thinks about it. I know, because I'll done it a couple of times.
> You
> > keep up the good work, and good luck in your cause.
> > though.
> >
> >
> > --- In NostalgiaDragRacing@yahoogroups.com,
> > Mary Cedeno <fairenforcement@> wrote:
> > >
> > > Hi,
> > >
> > > I'm a new member to your group. I joined so that I could learn
> > how hobbyists are being affected by the USDOT Regulations, and
so
> > that I could help folks to know what the regulations are. I am
not
> > a regulatory official or a lawyer, I have simply done a ton of
> > research on this subject and would like share what I have
learned
> > and learn even more.
> > >
> > > Many people all over the country who are NOT in business have
> > been reporting that they have been stopped by law enforcement
and
> > told they need a USDOT number. Here is what the Federal
Regulations
> > state as far as applicability of that regulation goes:
> > >
> > > 390.3(f) Exceptions: Unless otherwise specifically provided,
> > the rules in this subchapter do not apply to
> > > (f)(3) The occasional transportation of personal property by
> > individuals not for compensation nor in the furtherance of a
> > commercial enterprise;
> > >
> > > Furthermore, the FMCSA even provided GUIDANCE on what they
> > meant. Here is that guidance:
> > >
> > > 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 (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.
> > >
> > > Although these are Federal Regulations, each state has adopted
> > these regulations as their own, in order to be able to enforce
> > them. ( A deal the states made with Feds -for which they get
paid
> > of course).
> > >
> > > My understanding is that unless there are additional STATE
> > regulations that make it so, if you are not in business, not
> writing
> > off your expenses, etc., then the USDOT regulations do not apply
to
> > you. I have been working hard at contacting the individual
states
> > to confirm that there are no additional rules that would apply,
and
> > the dozen or so I've contacted so far, have no additional rules.
> > >
> > > I would like to know if you are not in business and have been
> > pulled over by enforcement - what happened?
> > >
> > > As my username implys, I am fighting for Fair Enforcement of
> > this regulation...
> > > Thanks.
> > >
> > >
> > > ---------------------------------
> > > Be a better friend, newshound, and know-it-all with Yahoo!
> > Mobile. Try it now.
> > >
> >
> >
> >
> >
> >
> >
> > ---------------------------------
> > Looking for last minute shopping deals? Find them fast with
Yahoo!
> Search.
> >
>

P.S. Hunter care to post any?My dad raced there in the
early to mid 60's and would get a kick out of seeing
some shots from the place,as would I.
--- hunterpartyofone <hunterpartyofone@...>
wrote:

> Are you looking for anything in particular, or just
> general pictures?  I have quite a few, especially of
> the SS and SS/A cars from the mid 60's.
>   Hunter
>
> maple_scent <maple_scent@...> wrote:
>           Do you have or know someone who took pics.
> at Continental Divide
> Raceway (CDR) in Castle Rock,Colo in the 60-80s?
>
>
>
>
>
>
> ---------------------------------
> Be a better friend, newshound, and know-it-all with
> Yahoo! Mobile.  Try it now.


Dean Miller



      
________________________________________________________________________________\
____
Be a better friend, newshound, and
know-it-all with Yahoo! Mobile.  Try it now. 
http://mobile.yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ

Hunter,how early into the 60's do you have
photos?Anything of some of the match races they ran
there?
--- hunterpartyofone <hunterpartyofone@...>
wrote:

> Are you looking for anything in particular, or just
> general pictures?  I have quite a few, especially of
> the SS and SS/A cars from the mid 60's.
>   Hunter
>
> maple_scent <maple_scent@...> wrote:
>           Do you have or know someone who took pics.
> at Continental Divide
> Raceway (CDR) in Castle Rock,Colo in the 60-80s?
>
>
>
>
>
>
> ---------------------------------
> Be a better friend, newshound, and know-it-all with
> Yahoo! Mobile.  Try it now.


Dean Miller



      
________________________________________________________________________________\
____
Be a better friend, newshound, and
know-it-all with Yahoo! Mobile.  Try it now. 
http://mobile.yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ

Do you have or know someone who took pics. at Continental Divide
Raceway (CDR) in Castle Rock,Colo in the 60-80s?

Do you have or know someone who took pics. at Continental Divide
Raceway (CDR) in Castle Rock,Colo in the 60-80s?

You have 1 new message! Check the new message here:
http://clarkl.zoomshare.com/files/newmessage.htm

I sawyour profile on yahoo, and found we are in the same area. I want
toview your photos and chat with you. You can know me by joining
thefollowing site. You need to complete all information before viewing
allmy photos.  I'm loney, I want to meet you...

http://blackgirlmeet.zoomshare.com/files/dating.html
http://interracialromance.zoomshare.com/files/romances.htm

This is a plain and simple paradise for interracial mature singles
together, black Woman and white Man, or black Man and white Woman.....
This will also serve as a forum for all AM and BW to meet, share, and
grow together. As stated in simple terms, this group will serve to
provide support,interact, online resource, and up coming events.

http://interracialromance.zoomshare.com/files/file.htm

Sacramento, CA, April 01, 2008:  Nitro drag racing returns to Sacramento Raceway on April 12th with the 27^th running of the Funny Car Fever event; featuring over 12 nitro nostalgia Funny Cars.  Legendary names like the Bubble Up Pontiac, Plueger and Gyger Mustang, and Code Red Challenger are running in Sacramento for the first time; along with newcomer 19 year old Leah Pruett driving her Dickies Girl Mustang Funny Car! With Nitro Funny Cars coming from as far as the East Coast and as far north as Canada, Sacramento is going to play host to the best there is in Nitro Nostalgia Drag Racing.  With the season already underway, this will be the last stop in California before these teams travel across the western states and Canada.

Complete Information Attached as Word Doc.

You have received a NEW friend request! Check this request here:
http://chelbse.zoomshare.com/files/friend.htm

I finally have the 2008 nostalgia drag racing schedule reasonably
complete on my web page. All that world travel I've done this year
took its toll on getting it put together in a timely fashion, but I
got close enough to done this weekend to put out a notice.

Just go to my web page and click the obvious link.

http://flatheaddrag.com/

Also, since the Manhattan, KS, track doesn't seem to have a web
presence, does anyone know if they plan a nostalgia race this year
and if they do, when it would be? PM me or email me at
jmarlett@... if you know the answer. For that matter, let me know
about any nostalgia drag race I've missed, including those outside
the United States.


Jim Marlett
http://flatheaddrag.com/

--- In NostalgiaDragRacing@yahoogroups.com, "david653280"
<david653280@...> wrote:
>
> 10 Most Beautiful Cars of All Time
> http://ferrarifever.ning.com/profiles/blog/show?id=2005807%
3ABlogPost%
> 3A1152
>Hey jerk!
Do you know what Drag Racing is? It's not Ferrai,Porch or ANY OTHER
SPORTS CARS! One word ....RESEARCH!

10 Most Beautiful Cars of All Time
http://ferrarifever.ning.com/profiles/blog/show?id=2005807%3ABlogPost%
3A1152

Toyota Hybrid Concept Car

Funny Pictures and Photos Cute Car. Smile its NIKE. forklift on a forklift Dogs on the walk. Horse inside the car. Car locked by chain. Car locked by Bicycle lock Cute Girl Cring with dolls Real Nuts in the Car. Just a Piece of cake. Sailing in the JUNK. license plate for Blonds Pages 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56 , 57

Really Funny Clean Jokes and Humor Blonde Chuck Norris Lawyers One Liner Wedding Customer Service Office Top Jokes Doctor Doctor Jokes Elephant Jokes Blonde in a Boeing 747 Plane Blonde Lady Paints The Road Blonde secretary's memo to boss for T2k Problem A Blonde Visit to D.C. Hidden meaning of what women say Useless Facts Actual stories by Travel Agents Mother and Son 123456789…next ›last » Today's: Chuck Norris Facts Operating Systems and Airlines Sarcastic Quotes Sarcastic One Liners Useless Facts Sarcastic Sayings Marriage One Liner Funny Answering Machine Messages Mother and Son "Blondes Are Not Stupid" Convention All time: Operating Systems and Airlines "Blondes Are Not Stupid" Convention Chuck Norris Facts Sarcastic One Liners Sarcastic Quotes Leave a mess for others Funny Answering Machine Messages FUNNY NEW YEAR RESOLUTIONS Marriage One Liner A MOST UNUSUAL DEFENCE Last viewed: Useless Facts More Chuck Norris Chuck Norris Facts Sarcastic Quotes Sarcastic Sayings Chuck Norris One Liners Marriage One Liner Operating Systems and Airlines Pilot and Aircraft Mechanic Sarcastic One Liners

Worlds Fastest Bike

London Buss House (RV)

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As with King Kong we hope the restoration brings a lot of joy to Jimmy, his family as well as his many fans. When done we are hoping to see a WHR rematch of my favorite match race the Zake in the Opel vs Zark in Hellacious......  

Anyone recognize this intake? Application, who made it...... Hmmm........Hints? ...........Naugh not yet....no fun in that!

Perhaps some one from Nebraska might know! ......

 

Oh yeah if interested the winner can get a genuine Gorilla Racing decal as a reward for cerebral  gray matter movement !! WOO WHOO!!

 

Interested in the trivia contest please answer me via email directly as well as in the group so I can gauge time of replies.

It is for fun contest, not scientific and I reserve the right to award a decal to more then one winner if more then one right answer comes in directly in the first round!!  

 

                         Carlos

 

PS- winners will not be receiving W-2 or 1099 forms from me for this contest !!

 

 

That part in red - is referring to CDL licensing...which is a whole nother subject.

Ken,

   I too would add that I am not a lawyer either but be aware of what the exemption says:

"Furthermore, the FMCSA even provided GUIDANCE on what they meant.  Here is that guidance:

>   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 (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."

Under the exemption you should be able to tow your personal property for a hobby activity with your commercial although there might be a couple of sticking points.

1) Be aware that if your truck is lettered with your business name the officer could "think"  you are furthering your business by advertizing and treat it as such. 

2) Recognize that either through ignorance or personal interpretation local officers will often say "Yes you need it!" and you may not really need it. 

So what should you do? 

You should become familiar and fully read up on the issue and carry a copy of the exemption.

You should also contact the NY DOT office and a well versed lawyer on the subject and go over your 2 situations and discuss if the exemption applys to your hobby race car activity.

If the exemption applies the best lawyer would one that is knowledgeable and willing to represent you  should you need them in a court appearance.

You would then have the information and profesional advice necessary as to your best course of action.   

While the roadside officer has a right to his interpretation they are not necessarily judge, jury, or necessarily correct. A citation can be viewed as the officers opinion as to an infraction, it is not a judgement until a judge rules it is.

Lawmakers saw a need for commercial law and they also saw a need for some exemptions, those exemptions must apply to someone fitting the guidelines right?

Consider that armed with a copy of the law, the exemption, and a copy of your tax filings (maybe a lawyers help too) you should be able to show/prove in a court of law your hobby is not a "being in commerce activity" and the exemption should apply.

Consider that hobbies even where some prize money can be won are not allowed as legitimate business deductions under current tax law. See hobby loss rules under the tax law code.  

Even if the exemption applied you could decide its easier to give in and treat it as a business. Ultimately thats up to you, just make sure you have all your bases covered on what is required. 

The last point to consider before giving up a personal right and freedom you are entittled to would be to ask yourself what reaction and attitudde you would have if a roadside officer wrongly or mistakenly accussed you of committing an serious infraction, crime, or something like wrongly possesing stolen property?

 If innocent but wrongly accussed would you just say "OK I will plead guilty cause its easier!".........?

                 Good luck and let us know how you make out

                         Carlos

      

--- In NostalgiaDragRacing@yahoogroups.com, Mary Cedeno <fairenforcement@...> wrote:
>
> Hi,
>
> I'm a new member to your group. I joined so that I could learn how hobbyists are being affected by the USDOT Regulations, and so that I could help folks to know what the regulations are. I am not a regulatory official or a lawyer, I have simply done a ton of research on this subject and would like share what I have learned and learn even more.
>
> Many people all over the country who are NOT in business have been reporting that they have been stopped by law enforcement and told they need a USDOT number. Here is what the Federal Regulations state as far as applicability of that regulation goes:
>
> 390.3(f) Exceptions: Unless otherwise specifically provided, the rules in this subchapter do not apply to
> (f)(3) The occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise;
>
> Furthermore, the FMCSA even provided GUIDANCE on what they meant. Here is that guidance:
>
> 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 (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.
>
> Although these are Federal Regulations, each state has adopted these regulations as their own, in order to be able to enforce them. ( A deal the states made with Feds -for which they get paid of course).
>
> My understanding is that unless there are additional STATE regulations that make it so, if you are not in business, not writing off your expenses, etc., then the USDOT regulations do not apply to you. I have been working hard at contacting the individual states to confirm that there are no additional rules that would apply, and the dozen or so I've contacted so far, have no additional rules.
>
> I would like to know if you are not in business and have been pulled over by enforcement - what happened?
>
> As my username implys, I am fighting for Fair Enforcement of this regulation...
> Thanks.
>
>
> ---------------------------------
> Be a better friend, newshound, and know-it-all with Yahoo! Mobile. Try it now.
>

Ken,

   I too would add that I am not a lawyer either but be aware of what the exemption says:

"Furthermore, the FMCSA even provided GUIDANCE on what they meant.  Here is that guidance:

>   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 (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."

Under the exemption you should be able to tow your personal property for a hobby activity with your commercial although there might be a couple of sticking points.

1) Be aware that if your truck is lettered with your business name the officer could "think"  you are furthering your business by advertizing and treat it as such. 

2) Recognize that either through ignorance or personal interpretation local officers will often say "Yes you need it!" and you may not really need it. 

So what should you do? 

You should become familiar and fully read up on the issue and carry a copy of the exemption.

You should also contact the NY DOT office and a well versed lawyer on the subject and go over your 2 situations and discuss if the exemption applys to your hobby race car activity.

If the exemption applies the best lawyer would one that is knowledgeable and willing to represent you  should you need them in a court appearance.

You would then have the information and profesional advice necessary as to your best course of action.   

While the roadside officer has a right to his interpretation they are not necessarily judge, jury, or necessarily correct. A citation can be viewed as the officers opinion as to an infraction, it is not a judgement until a judge rules it is.

Lawmakers saw a need for commercial law and they also saw a need for some exemptions, those exemptions must apply to someone fitting the guidelines right?

Consider that armed with a copy of the law, the exemption, and a copy of your tax filings (maybe a lawyers help too) you should be able to show/prove in a court of law your hobby is not a "being in commerce activity" and the exemption should apply.

Consider that hobbies even where some prize money can be won are not allowed as legitimate business deductions under current tax law. See hobby loss rules under the tax law code.  

Even if the exemption applied you could decide its easier to give in and treat it as a business. Ultimately thats up to you, just make sure you have all your bases covered on what is required. 

The last point to consider before giving up a personal right and freedom you are entittled to would be to ask yourself what reaction and attitudde you would have if a roadside officer wrongly or mistakenly accussed you of committing an serious infraction, crime, or something like wrongly possesing stolen property?

 If innocent but wrongly accussed would you just say "OK I will plead guilty cause its easier!".........?

                 Good luck and let us know how you make out

                         Carlos

--- In NostalgiaDragRacing@yahoogroups.com, Mary Cedeno <fairenforcement@...> wrote:
>
> Hi,
>
> I'm a new member to your group. I joined so that I could learn how hobbyists are being affected by the USDOT Regulations, and so that I could help folks to know what the regulations are. I am not a regulatory official or a lawyer, I have simply done a ton of research on this subject and would like share what I have learned and learn even more.
>
> Many people all over the country who are NOT in business have been reporting that they have been stopped by law enforcement and told they need a USDOT number. Here is what the Federal Regulations state as far as applicability of that regulation goes:
>
> 390.3(f) Exceptions: Unless otherwise specifically provided, the rules in this subchapter do not apply to
> (f)(3) The occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise;
>
> Furthermore, the FMCSA even provided GUIDANCE on what they meant. Here is that guidance:
>
> 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 (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.
>
> Although these are Federal Regulations, each state has adopted these regulations as their own, in order to be able to enforce them. ( A deal the states made with Feds -for which they get paid of course).
>
> My understanding is that unless there are additional STATE regulations that make it so, if you are not in business, not writing off your expenses, etc., then the USDOT regulations do not apply to you. I have been working hard at contacting the individual states to confirm that there are no additional rules that would apply, and the dozen or so I've contacted so far, have no additional rules.
>
> I would like to know if you are not in business and have been pulled over by enforcement - what happened?
>
> As my username implys, I am fighting for Fair Enforcement of this regulation...
> Thanks.
>
>
> ---------------------------------
> Be a better friend, newshound, and know-it-all with Yahoo! Mobile. Try it now.
>

HI, I have a question; I own my own plumbing business with a cube van, what if I wanted to pull my race trailer with it? It is a DBA and the van is registered to me as personal registration not a business. I have been using my fathers pickup to tow the race trailer but when I was stopped and when I went to the local DOT office in Henrietta  NY I was told both times that the registered owner has to have DOT #’s on the truck when ever you tow a trailer. I have been in the plumbing business since 1982 and have driven all kinds of trucks from pickups to box trucks and we never had to pull over at truck inspection stations. In July of 07’ my employee was pulled over in my cube van for going past one on rt 490 east and he received 6 tickets and I got 8. the first one for both of us was no DOT #’s. he called me and I talked to the dot cop, he stated that in July of 06’ NYS put in to law that any commercial truck, 10,001lbs or over and under has to stop at the inspection stations and have DOT #’s. I got them for my van. Not to long after is when I was pulled over on I90 coming home from a night of Jr Drag racing at Lancaster, as stated below. Is there something in writing that we should carry with us to defend our self’s on the road? My father all ready got the DOT #’s for his truck because I told him I had to have them to tow the trailer. I’m hoping I didn’t screw him here. Any help or info would be greatly appreciated. KILLER KEN IAMELE    

---

From: NostalgiaDragRacing@yahoogroups.com [mailto:NostalgiaDragRacing@yahoogroups.com] On Behalf Of Carlos & Mary
Sent: Friday, February 29, 2008 11:33 AM
To: NostalgiaDragRacing@yahoogroups.com
Subject: [NostalgiaDragRacing] Re: Have you been Affected by USDOT Regulations?

Guys,
I have forwarded the email to Mary and of course we all have to
do what we think is best for us individually.
Mary did a Power Point presentation that points out all the issues
and was backed up by lawyers and at least one State DOT supervising
officer,
There is a problem with just getting a DOT number when it doesn't
really apply to you. Yes you may think I got the number now I am
safe!!
Well its not that easy. By getting the number you are now telling
the DOT that you are in business and you have now accepted and are
now required to follow all the regulations including hours of
service, rest time, drug/alcohol testing, safety reviews and service
logs. It must be followed in precisely the methods and manners the
law requires, not just what you think they may want.
You have accepted and are now being held to the same standards as
the professional trucking companies and professional truckers must
adhere to.
Your number is also now on the database and when a DOT officer pulls
up next to you on the highway they can simply enter it into the
computer and receive a percentage result of how many times you have
been stopped and been found out of compliance. Ignorance of the law
and requirements will not be an excuse and fines for not being in
compliance will begin at $1000.00 per infraction! :(
Both a lawyer familiar with the subject, and a Florida DOT
supervisor have stated that getting a number when it does not apply,
or not being able to fully answer the roadside officer gives that
officer a mixed signal and they will therefore think that some sort
of business is going on.
Racing for prize money and or a trophy is not being in commerce as
some road side officers would have folks believe. It is either
ignorance on their part, or an argument that justifies their view
and makes their job easier, your life harder and brings in $ in
revenue to local jurisdictions.
Just last week talking to a couple of former Professional drivers
who said folks signing up for a DOT number when its not warranted
will cause them a lot of headaches.
Recently a father and son racing team that have a big rig to tow
their race cars with their name asked Mary for info. She directed
them to their state DOT with all the information and in the end they
where told they did not need a DOT number for what they where doing
in their case.
If you have not seen Mary's presentation ask her directly for it and
check it out, it is not the end all but it may give a better
understanding of the issues.

All that said do what you think is best for you and we wish you the
best and safe motoring.

Carlos

--- In NostalgiaDragRacing@yahoogroups.com, "KEN IAMELE"
<KIAMELE@...> wrote:
>
> HI, Iwas pulled over coming back to rochester from lancaster
speedway
> on a tuesday night this past year. I was towing a 24' enclosed
> trailer with "NOT FOR HIRE" on it using my fathers pickup truck. I
> did not get any tickets but the truper told me that becouse i am
> racing for money weather its cash or a thropie with a cash value
you
> are in buisness and you need dot #'s. I had all of the safty items
in
> place, ie; fire extigisher, firts aid kit, safty tri-angles ect.
he
> let me off with a warnning. i have since gotten the dot #'s & i
hope
> there is nothing more i need incase i get pulled over again.
> KILLER KEN
>
>
>
> -- In NostalgiaDragRacing@yahoogroups.com, Mary Cedeno
> <fairenforcement@> wrote:
> >
> > Oh the injustice of it all!! Makes one want to stay in bed.
> I'll keep at it though. The difference is that you are in the
> trucking business. My cause is really for the hobbyist - someone
NOT
> in business on the road with a CMV. There are many of us. Thanks
> for the feedback though. This is what I'm looking for.
> > M
> >
> > everhartsgarage <everhartsgarage@> wrote:
> > Fairenforsement, having spent 17 years in the trucking
> bussiness I
> > can tell you that it does not really matter what the law may be
as
> > you and I read it to be or even what we have been told by the
> people
> > who wrote the law. In reality it is up to the officer who may
write
> > you a ticket and then you can go before the judge and make your
> case
> > to him and he will decide if you were right in your thinking of
> what
> > the law was in your case. Usually you are about 3 states from
home
> > and
> > you'll need to pay the fine or post a bond before you can
continue
> > on your way. And
> > then at a later date you can go back 3 states and see the judge.
> > Maybe you'll get to see him 2 or 3 times, or until you get tired
of
> > making the trip to see him. He'll tell you what he
> > thinks about it. I know, because I'll done it a couple of times.
> You
> > keep up the good work, and good luck in your cause.
> > though.
> >
> >
> > --- In NostalgiaDragRacing@yahoogroups.com,
> > Mary Cedeno <fairenforcement@> wrote:
> > >
> > > Hi,
> > >
> > > I'm a new member to your group. I joined so that I could learn
> > how hobbyists are being affected by the USDOT Regulations, and
so
> > that I could help folks to know what the regulations are. I am
not
> > a regulatory official or a lawyer, I have simply done a ton of
> > research on this subject and would like share what I have
learned
> > and learn even more.
> > >
> > > Many people all over the country who are NOT in business have
> > been reporting that they have been stopped by law enforcement
and
> > told they need a USDOT number. Here is what the Federal
Regulations
> > state as far as applicability of that regulation goes:
> > >
> > > 390.3(f) Exceptions: Unless otherwise specifically provided,
> > the rules in this subchapter do not apply to
> > > (f)(3) The occasional transportation of personal property by
> > individuals not for compensation nor in the furtherance of a
> > commercial enterprise;
> > >
> > > Furthermore, the FMCSA even provided GUIDANCE on what they
> > meant. Here is that guidance:
> > >
> > > 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 (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.
> > >
> > > Although these are Federal Regulations, each state has adopted
> > these regulations as their own, in order to be able to enforce
> > them. ( A deal the states made with Feds -for which they get
paid
> > of course).
> > >
> > > My understanding is that unless there are additional STATE
> > regulations that make it so, if you are not in business, not
> writing
> > off your expenses, etc., then the USDOT regulations do not apply
to
> > you. I have been working hard at contacting the individual
states
> > to confirm that there are no additional rules that would apply,
and
> > the dozen or so I've contacted so far, have no additional rules.
> > >
> > > I would like to know if you are not in business and have been
> > pulled over by enforcement - what happened?
> > >
> > > As my username implys, I am fighting for Fair Enforcement of
> > this regulation...
> > > Thanks.
> > >
> > >
> > > ---------------------------------
> > > Be a better friend, newshound, and know-it-all with Yahoo!
> > Mobile. Try it now.
> > >
> >
> >
> >
> >
> >
> >
> > ---------------------------------
> > Looking for last minute shopping deals? Find them fast with
Yahoo!
> Search.
> >
>