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TigerLilly

ELD mandate

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What constitutes a Commercial Motor Vehicle (CMV) classification?

  • Are you writing off your truck or trailer as a business loss or expense on your tax returns? Tax write offs for your truck and trailer would make them fall under the commercial classification.
  • Are your truck and/or trailer being used for your business? If your truck or trailer is being used for your business, they fall under the commercial classification.  If you are a trainer, your truck and trailer is used for business, there’s no doubt about it.  If you are a non-pro or amateur competitor, your truck and trailer can be considered as used for business (see “furtherance of a commercial enterprise” explanation below).  If you are a non-pro or amateur and breed horses and sell them, your truck and trailer are considered as used for business.
  • Do you only haul your own horses? If not and if you collect payment, (for example splitting fuel costs) to haul a friend or client’s horse to a show, to the trainer, to the vet, or to the breeder, your truck and trailer are considered commercial vehicles.
  • Have you won money competing with your horse or a client’s horse? Even though most often competing with horses is not profitable for a non-pro when calculating all the costs, the FMCSA could consider money won at a horse show or event, a profit.  They can also consider hauling to an event with the intent or hopes of winning some money, as pursuing a profit. This definition of “profit” then classifies your truck and trailer as commercial.
  • Do you have sponsors? Do you have their stickers on your truck or trailer?  Just about everyone knows a roper, rodeo or horse show contestant who has a “day job” (horseshoer as an example) that spends part of their time traveling to events to compete.  In many cases, especially with rodeo events, (some associations have strict rules about sponsorships and others do not) they also have sponsors, whether its ropes, saddle pads, clothing or other equipment.  Those sponsorships qualify as “furtherance of a commercial enterprise” and then puts them in the commercial category.
  • If your vehicle has a Gross Vehicle Weight Rating of more than 10,000 pounds and is used for your business or with the intent to make a profit (see “furtherance of a commercial enterprise” below”), or involved in interstate commerce, like going to horse shows out of your home state, it then falls into the commercial vehicle classification by the Federal Motor Carrier Safety Administration (FMCSA).

http://protecttheharvest.com/2017/11/29/eld-mandate-will-impact-the-horse-industry/

 

http://www.equinechronicle.com/everything-you-need-to-know-about-the-eld-mandate/

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By: Brittany Bevis

Since today is December 18th, which marks the official implementation date of the widely discussed and increasingly controversial Electronic Logging Mandate, EquineChronicle.comwanted to compile a list of the best resources to answer the many questions that have been circulating since the news first broke.

 

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Booo, Hisss!

This is going to be hard on the little guy and expensive to enforce. It will not affect me at this time and wont affect me even if I do decide to compete since my husband is a cdl driver already. 

There is a lot open to interpretation in this. 

"Do you only haul your own horses? If not and if you collect payment, (for example splitting fuel costs) to haul a friend or client’s horse to a show, to the trainer, to the vet, or to the breeder, your truck and trailer are considered commercial vehicles."

This^ seems to conflict with the below.

The FMCSA rule has some language that is far reaching with significant ramifications for horse enthusiasts.  The category “furtherance of a commercial enterprise” is one of the qualifications considered when determining whether a driver and their truck and trailer fall under the commercial classification and apply to the scenarios we have listed above.  Here’s the information as outlined on the FMCSA website’s Q&A section:

“ 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.”

If I haul a horse for someone and they pay for my fuel to do it, I am not making money, not going to declare this expense or income on my taxes and am not going to do this commercially. It is confusing to me at this point. I am happy my husband is a cdl driver already. 

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It is confusing to say the least. So if I buy my friend gas for hauling my horse to a show,  she is good? But if I give her cash it's profit and she is in violation? 

If I go to a race 4 hours away, win $600, then I am in violation? 

 

It sort of reminds of asset forfeiture. The laws around it are so grey that how it is enforced just depends on who you are dealing with. 

Edited by TigerLilly

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17 minutes ago, little cow said:

How will this affect those that haul horses commercially?  If they have their CDl, they are good, right?

It affects the hours they drive. If the haul is over X amount of hours, they have to stop, rest so many hours, which means finding a place to stable the horses.

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This will increase costs. The ELD mandate is going to directly affect the costs of goods shipped by truck, including livestock. I wonder where a bull hauler is going to house a semi load of beeves for 12 hours? Rest stop on the highway?

My understanding is there are mileage stipulations, less than 10 hours or 150 miles or some such where the CDL doesn't matter. This will not help haulers in states that only have one or two sale barns to haul to but it might help with folks that only rodeo locally.

It is going to come down to being able to prove a person is not making money or creating commercial gain. I don't really believe splitting gas with someone to haul to a trail ride is going to fall into the requires a CDL, DOT#, is a commercial enterprise category. Vehicle weight will also come into play where it really hasn't for RVs. Some RVs that do not currently require a CDL driver will now even if they are not considered commercial. Commercial vehicles used to be about breaks, air breaks require CDLs while others did not. I am not sure how much vehicle weight and length played into that though. Private vehicles, like those 40 foot buses, may not require CDL drivers and be subject to CDL rules such as current medical card and a manual log. I'm not certain of that right now though.

I am hearing reports of overzealous officers creating havoc with folks but I have no confirmation of any of it. 

The Electronic Log D(I can't remember what the D is for!) is about trucks basically being low jacked. It is supposed to limit the number of hours a driver is behind the wheel and enforces breaks after 12 hours ( I think). Once a vehicle is in motion, the hour count begins and it does not stop when a person stops for fuel, to eat or for bathroom breaks. This will put pressure on truckers to NOT stop for the entire 12 hours rather than encourage more frequent breaks to ward off fatigue. 

My BIL has been an over the road trucker for many years, 30 or so now, and the company he currently works for already has the trucks low jacked to control driver speed, miles, hours, location, etc. The trucks belong to the company so the drivers really can't complain about the over sight. I can see how an independent driver would object though.

I don't know if the company rules for breaks and stuff are different that what is currently mandated. I have not asked him.  

This all seems very gray to me. I have not studied it enough to really know it. I guess I should since we have an LQ that meets gross vehicle weight requirements for CDL and a 40 ft motor home that probably does too. I pull the trailer often but only rarely drive the motor home but I guess I need to know.

I'm going to hate going through the trouble of getting a CDL again.

 

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It is but the truck has to have sleeping quarters separate from the cab. I think the requirement is for no access to driver area from the sleeper but I ma not certain. I had heard team drivers were not happy because most sleepers have access to the cab and this was going to cause problems with rest time.

2 drivers in a pickup, like hauling animals to a rodeo or event will not work since sleeping in the passenger seat doesn't count. 

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are we talking about the GOP "tax reform" that should benefit the middle class?  guess what? a tiny clause was inserted taking away a 20 dollar benefit for people who ride their bikes to work.   wonder what else is hidden in there. 

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I'm using a hauler to pick up a new bull for us and his costs did not increase.  Then again, we aren't going to any shows.  

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 I'm glad your cost did not increase. 

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It is interesting because he's hauling from NY to FL.  The animals (usually horses) he hauls have stalls and he sleeps in a sleeper part of his truck.  He does have a CDL.  I hope he doesn't get busted.  He's a veteran and this is how he supports himself.   

I'm glad you guys will be okay.  Over time, we'll see if this translates into more cost to the consumer as well as more regulations that don't make sense.  It seems like every time there is a high profile accident involving a big rig, Congress has to pass a law, even if it's a bad one.  

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