Fyi On Haulers In State Of Florida

[ancrdave]

Got this from Sen. Bill Posey this morning... Hopefully you can make it out as it didn't transfer well from the e-mail

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S2296 GENERAL BILL by Posey (Similar H 0781)
Commercial Motor Vehicles [EPCC]; Exempts certain vehicles that
occasionally transport personal property to and from closed-course
motorsport facilities from the definition of "commercial motor vehicle"
for the purposes of statutory provisions relating to state uniform
traffic control and statutory provisions governing motor vehicle
licenses and driver's licenses, etc. EFFECTIVE DATE: 07/01/2008.
02/26/08 SENATE Filed
03/13/08 SENATE Introduced, referred to Transportation; Commerce;
Transportation and Economic Development Appropriations
-SJ 00263
03/27/08 SENATE On Committee agenda-- Transportation, 04/01/08, 9:30 am, 37-S
04/01/08 SENATE Favorable by Transportation; YEAS 8 NAYS 0; Now in
Commerce



Florida Senate - 2008 SB 2296
By Senator Posey

24-03697-08 20082296__
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A bill to be entitled
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An act relating to commercial motor vehicles; amending s.
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316.003, F.S.; exempting certain vehicles that
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occasionally transport personal property to and from
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closed-course motorsport facilities from the definition of
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"commercial motor vehicle" for purposes of statutory
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provisions relating to state uniform traffic control;
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amending ss. 320.01 and 322.01, F.S.; exempting certain
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vehicles that occasionally transport personal property to
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and from closed-course motorsport facilities from the
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definition of "commercial motor vehicle" for purposes of
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statutory provisions governing motor vehicle licenses and
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driver's licenses; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (66) of section 316.003, Florida
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Statutes, is amended to read:
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316.003 Definitions.--The following words and phrases, when
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used in this chapter, shall have the meanings respectively
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ascribed to them in this section, except where the context
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otherwise requires:
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(66) COMMERCIAL MOTOR VEHICLE.--Any self-propelled or towed
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vehicle used on the public highways in commerce to transport
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passengers or cargo, if such vehicle:
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(a) Has a gross vehicle weight rating of 10,000 pounds or
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more;
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(b) Is designed to transport more than 15 passengers,
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including the driver; or
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(c) Is used in the transportation of materials found to be
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hazardous for the purposes of the Hazardous Materials
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Transportation Act, as amended (49 U.S.C. ss. 1801 et seq.).
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A vehicle that occasionally transports personal property to and
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from a closed-course motorsport facility, as defined in s.
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549.09(1)(a), is not a commercial motor vehicle if it is not used
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for profit and corporate sponsorship is not involved. As used in
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this subsection, the term "corporate sponsorship" means a
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payment, donation, gratuity, in-kind service, or other benefit
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provided to or derived by a person in relation to the underlying
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activity, other than the display of product or corporate names,
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logos, or other graphic information on the property being
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transported.
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Section 2. Subsection (26) of section 320.01, Florida
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Statutes, is amended to read:
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320.01 Definitions, general.--As used in the Florida
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Statutes, except as otherwise provided, the term:
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(26) "Commercial motor vehicle" means any vehicle which is
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not owned or operated by a governmental entity, which uses
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special fuel or motor fuel on the public highways, and which has
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a gross vehicle weight of 26,001 pounds or more, or has three or
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more axles regardless of weight, or is used in combination when
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the weight of such combination exceeds 26,001 pounds gross
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vehicle weight. A vehicle that occasionally transports personal
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property to and from a closed-course motorsport facility, as
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defined in s. 549.09(1)(a), is not a commercial motor vehicle if
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the use is not for profit and corporate sponsorship is not
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involved. As used in this subsection, the term "corporate
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sponsorship" means a payment, donation, gratuity, in-kind
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service, or other benefit provided to or derived by a person in
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relation to the underlying activity, other than the display of
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product or corporate names, logos, or other graphic information
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on the property being transported.
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Section 3. Subsection (8) of section 322.01, Florida
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Statutes, is amended to read:
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322.01 Definitions.--As used in this chapter:

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(8) "Commercial motor vehicle" means any motor vehicle or
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motor vehicle combination used on the streets or highways, which:
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(a) Has a gross vehicle weight rating of 26,001 pounds or
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more;
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(b) Is designed to transport more than 15 persons,
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including the driver; or
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(c) Is transporting hazardous materials and is required to
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be placarded in accordance with Title 49 C.F.R. part 172, subpart
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F.
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A vehicle that occasionally transports personal property to and
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from a closed-course motorsport facility, as defined in s.
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549.09(1)(a), is not a commercial motor vehicle if the use is not
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for profit and corporate sponsorship is not involved. As used in
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this subsection, the term "corporate sponsorship" means a
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payment, donation, gratuity, in-kind service, or other benefit
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provided to or derived by a person in relation to the underlying
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activity, other than the display of product or corporate names,
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logos, or other graphic information on the property being
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transported.
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Section 4. This act shall take effect July 1, 2008.



Session :Bills : : flsenate.gov





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[JackTripper]

Some day soon people will say, "yeah, I remember when I used to tow down to Florida to race" for all kinds of different reasons, most of which are noted above.

[Frasson118]

It sounds to me like Bill is trying to get racers exempt from the general laws that made it a hassle to tow into Florida.

But, honestly, looking at the field of racers at every track this past Speedweeks, I don't think many teams were staying home just because of the way the laws are written now.

[JackTripper]

Unless I'm misunderstanding, the point of this thing is "exempting certain vehicles that occasionally transport personal property to and from closed-course motorsport facilities from the definition of 'commercial motor vehicle'" but then Section 3 reads that the vehicle "is not a commercial motor vehicle if the use is not for profit and corporate sponsorship is not involved. As used in this subsection, the term 'corporate sponsorship' means a payment, donation, gratuity, in-kind service, or other benefit provided to or derived by a person in relation to the underlying activity, other than the display of product or corporate names, logos, or other graphic information on the property being
transported."

To me that reads that racing teams still aren't off the hook unless your hauling your blank racecar around to some races that don't pay much.

Am I just not reading this thing right?

[Winger]

Yeah, I don't think it's really changing much. It will possibly help the local short track guy who has to haul on an open trailer anyway. BTW, I noticed a lot of out of area cars at speedweeks too but I also noticed an extraordinary amount of "big" racers whose trailers were blank. Not the usual colorful outfits I was use to seeing.

[JackTripper]

I noticed that at the WoO show as well - Kasey Kahne's Sprint Car team was using a blank white hauler. Quite a few teams did that.

[Frasson118]

Over the years, I've heard of a lot of teams that leave the trailer un-lettered, because they feel like they are attracting thieves. If they know the cargo is very valuable, the more likely that some scumbag will get wild ideas. You know if someone sees a Bloomquist hauler, or Bigfoot, Gravedigger, etc... some a$$hole will want to steal a hood or fender as a souvenir to hang on the wall of his double-wide. Most choose to leave the temptation out of it.

I don't understand most legal mumbo-jumbo, but I do know that Bill Posey is a RACER and a friend to the sport. I'm sure he wouldn't have drafted something like this with the intention of hurting the short-track racer. I think it's fully intended to help them.

[rjb2]

Alot of the teams are not lettering the trailor because they are registering the toter homes as rv''s and stated registered rv on it so they don't fall in to commerial class and you are hauling personnel property plus insurance on is cheaper

[georgep]

Our rig that I brought down for speed weeks went in and out with no problem. We have the Leatherique on the Trailer, and tow unit. They asked what was in the trailer I told them a 1938 Chevy and a GATOR. They just shook there heads and off I went.
According to the legal beagle if you are a PAID driver and the Company pays all your expenses for the race then you are a PRO but not under ICC. If your rig is all lettered and UNDER the 26,000 # then you are NOT under ICC. If your rig is a Peterbuilt pulling a 53 ft box with a sponsor on it then you ARE under ICC.
If it looks like a duck, walks like a duck and sounds like a duck it is a DUCK eliminate one and it is NOT a duck. simple.