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Rules for Motor Sports Transportation. Presented by the North Carolina State Highway Patrol / Federal Motor Carrier Safety Administration /and the North Carolina Division of Motor Vehicles License & Theft Section. North Carolina State Highway Patrol. Colonel Walter J. Wilson Jr.
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Rules for Motor Sports Transportation Presented by the North Carolina State Highway Patrol / Federal Motor Carrier Safety Administration /and the North Carolina Division of Motor Vehicles License & Theft Section
North Carolina State Highway Patrol Colonel Walter J. Wilson Jr. Lieutenant Colonel Jamie J. Hatcher Major William R. Glover Field Operations Size and Weight Unit Commander Captain W. M . Nichols Motor Carrier Safety Assistance Program Unit Commander Captain G. E. Gray
Mission Primary Goal: Ensure safe, efficient transportation on streets and highways. Objective: Reduce the rate of highway related motor vehicle collisions and fatalities.
BENEFITS TO NORTH CAROLINA • Provide a safer street or highway for the traveling public. • Reduce CMV and Passenger vehicle collision rates in your area. • Reduce injury and fatality rates. • Reduce damage to streets and city property from oversized or overweight vehicles.
Property Hauling Vehicle Regulations • Registration requirements-NCDMV • Size and Weight restrictions-NCSHP • Applicability to Federal Motor Carrier Safety Regulation? Federal Motor Carrier Safety Administration. • Motor Fuels Tax Division-NCDOR
Registration North Carolina Division of Motor Vehicles License and Theft Section 919-861-3185
What is a House Car? General Statue 20-4.01 d2 Motor home or house car – A vehicular unit, designed to provide temporary living quarters, built into as an integral part, or permanently attached to, a self-propelled motor vehicle chassis or van. The vehicle must provide at least four of the following facilities: • cooking • refrigeration or icebox • self-contained toilet • heating or air conditioning • a portable water supply system including a faucet and sink • separate110-125 volt electrical power supply, or an LP gas supply
Is this a House Car? What are you using it for?
House Car ? The use is questionable.
What is a Truck Tractor? General Statue 20-4.01 48 Truck Tractors – Vehicles designed and used primarily for drawing other vehicles and not so constructed as to carry any load independent of the vehicle so drawn.
Truck Tractor This is NOT a recreational vehicle.
Camping Trailer TRUCK
Registration Cont. • Type of combinations and Registration Guidelines. House Car or Straight Truck, depending on if property hauling area
Registration Cont. Summary • If vehicle has a 5th wheel, it must be registered as a Truck Tractor. • If vehicle, regardless of design, is being used to pull or haul property, then it must be registered as property hauling vehicle. • If vehicle is being used in commerce, it must be registered as a commercial vehicle.
Definitions G.S. 20-4.01 • Property-Hauling Vehicles are defined as: Vehicles used for the transportation of property. • Truck Tractors. – Vehicles designed and used primarily for drawing other vehicles and not so constructed as to carry any load independent of the vehicle so drawn.
Definitions G.S. 20-4.01 • Semi trailers. – Vehicles without motive power designed for carrying property or persons and for being drawn by a motor vehicle, and so constructed that part of their weight or their load rests upon or is carried by the pulling vehicle. • Trailers. – Vehicles without motive power designed for carrying property or persons wholly on their own structure and to be drawn by a motor vehicle, including "pole trailers" or a pair of wheels used primarily to balance a load rather than for purposes of transportation.
Size and Weight Requirements North Carolina State Highway Patrol Motor Carrier Enforcement Section 919-715-8683
Length Requirements • A single vehicle having two or three axles shall not exceed 40 feet in length overall of dimensions inclusive of front and rear bumpers. • Recreational vehicles shall not exceed 45 feet in length overall, excluding bumpers and mirrors.
Length Requirements G.S. 20-116 Reads: Except as provided by G.S. 20‑115.1, no combination of vehicles coupled together shall consist of more than two units and no such combination of vehicles shall exceed a total length of 60 feet inclusive of front and rear bumpers, subject to the following exceptions: Motor vehicle combinations of one semi trailer of not more than 53 feet in length and a truck tractor (power unit) may exceed the 60‑foot maximum length.
Length Requirements • G.S. 20-115.1 Reads: • Motor vehicle combinations consisting of a semi trailer of not more than 53 feet in length and a truck tractor may be operated on primary routes of North Carolina provided the motor vehicle combination meets the requirements of this section. • (1) A semi trailer in excess of 48 feet in length must meet one or more of the following conditions: • a. The distance between the kingpin of the trailer and the rearmost axle, or a point midway between the two rear axles, if the two rear axles are a tandem axle, does not exceed 41 feet. • b. The semi trailer is used exclusively or primarily to transport vehicles in connection with motor sports competition events, and the distance between the kingpin of the trailer and the rearmost axle, or a point midway between the two rear axles, if the two rear axles are a tandem axle, does not exceed 46 feet; and
Length Requirements In Summary, unless the configuration consist of a Truck Tractor and Semi-Trailer with a Kingpin, The maximum length for a combination of vehicles is 60 feet, bumper to bumper
Examples • Semi Trailer Kingpin
Weight Requirements • The single‑axle weight of a vehicle or combination of vehicles shall not exceed 20,000 pounds. • The tandem‑axle weight of a vehicle or combination of vehicles shall not exceed 38,000 pounds.
Weight Requirements • For the purpose of licensing, the weight of self‑propelled property‑carrying vehicles shall be the empty weight and heaviest load to be transported, as well as the trailer being towed, as declared by the owner or operator.
Determining appropriate weight • The best way to determine the appropriate weight to license the vehicle is to weigh the truck and trailer with the maximum load on a scale. • The license weight for your vehicle is found on the registration card under the gross weight section.
Permanent Weigh Stations • G.S. 20-118.3-Any person operating a vehicle or a combination of vehicles having a GVWR of 10,001 pounds or more or any vehicle transporting hazardous materials that is required to be placarded under 49 C.F.R. § 171‑180 must enter a permanent weigh station or temporary inspection or weigh site as directed by duly erected signs or an electronic transponder for the purpose of being electronically screened for compliance, or weighed, or inspected.
Fuel Tax Registration NC Department of Revenue • Qualified motor vehicle - a motor vehicle used, designed, or maintained for transportation of persons or property and: • Having two axles and a gross vehicle weight or registered gross vehicle weight exceeding 26,000 pounds or 11,797 kilograms; or • Having three or more axles regardless of weight; or • Is used in combination, when the weight of such combination exceeds 26,000 pounds or 11,797 kilograms gross vehicle or registered gross vehicle weight. Qualified motor vehicle does not include recreational vehicles.
Fuel Tax Registration- Exemption • Recreational vehicle - vehicles such as motor homes, pickup trucks with attached campers, and buses when used exclusively for personal pleasure by an individual. In order to qualify as a recreational vehicle, the vehicle shall not be used in connection with any business endeavor.
Federal Motor Carrier Safety Administration (FMCSA) How Our Regulations Apply to the Motor Sports Industry.
Federal Motor Carrier Safety Administration Regulations • 390.3 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. • Part 390 describes who is subject to most of our regulations. • The definition of interstate commerce in part 390.5 is very important (cont.)
Interstate Commerce (Cont.) • Interstate Commerce (390.5 definition) - Interstate commerce means trade, traffic, or transportation in the United States— (1) Between a place in a State and a place outside of such State (including a place outside of the United States); (2) Between two places in a State through another State or a place outside of the United States; or (3) Between two places in a State as part of trade, traffic, or transportation originating or terminating outside the State or the United States. • Trade, traffic, or transportation includes everyone using a vehicle over 10,000 GVWR.
What About Personal Property? • 390.3(f) explains who is exempted from our regulations. • (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;
Interpretation on Motor Sports • 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? (Cont.)
Interpretation on Motor Sports (Cont.) • 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.
So, Now What? • If you operate a CMV in interstate commerce between 10,001 gross vehicle combination weight rating (gcwr) and 26,001 gcwr you are subject to all of our regulations except Part 383 (Commercial Drivers Licenses) and Part 382 (Controlled Substance and Alcohol Testing). • If you operate a single CMV in interstate or intrastate commerce that is above 26,001 gvwr or a CMV with a gross combination weight rating of 26,001 or more pounds you are subject to all of our regulations. • Intrastate carriers with the combination gross vehicle weight rating (CGVWR) of less then 26,001 lbs 49 CFR shall not apply unless you are transporting a placardable amount of Hazmat, or 16 or more passengers. • Annual federal Inspection shall apply to vehicles with a GVWR of 10,001lbs
What are the FMCSA Regulations? • Part 390 - DOT number requirement • Part 391 - Driver Qualification & Medical Cards • Part 395 - Hours of Service and Log Books • Parts 393 & 396 - Vehicle Maintenance • Part 383 - Controlled Substance & Alcohol Testing • Hazardous Materials Regulations (i.e. Racing Fuel) • This is just a partial list of applicable regulations, for more information go to www.fmcsa.dot.gov for all the regulations and an Education, Training, and Assistance (ETA) Packet
Commercial Drivers License • Class (A) Commercial Motor Vehicle that has a combined GVWR of at least 26,001 lbs and that has a towed unit with a GVWR of at least 10,001 lbs. • Class (B) Commercial Drivers License is required when the towing unit has a GVWR of at least 26,001 lbs and the towed unit has a GVWR of less than 10,001 lbs.
GVWR Locations • GVWR’s are located on the inside of the driver’s door of most trucks and on the tongue of most trailers. • In the case where the GVWR is not present, the actual weight or registered weight may be used to determine the appropriate license.
Contact Information • North Carolina State Highway Patrol Motor Carrier Administration-(919)-715-8683 • North Carolina Department of Revenue- Motor Fuels Tax Division- (919)-733-3409 • NC DMV License and Theft-(919)-861-3185 • Federal Motor Carrier Safety Administration-(919)-856-4378 WWW.NCSHP.ORG