Re: State Police checks
The exception most usually appropriate for our private trucks and trailers is 49 CFR 390.3(f)(3) which states that the Federal Motor Carrier Safety Regulations do not apply for "The occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise."
This has been interpreted by the FMCSA under the guidance section of their website. It states:
Question: 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.
Seems as though so long as you comply with the above guidance you should be okay.
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