Pigeon River & Beyond - Back Country Horsemen, Michigan

Here is an interesting one.  I heard tonight that the DOT is requiring all vehicles that exceed 10,001 Lbs to register with the DOT and put the registration number on their vehicles.  I replied with "But I am a private individual."  They said that as a horse owner the DOT is viewing me as a farmer with the potential to "earn money on the horses".  That as a horse owner we have the potential to earn premiums at shows or a profit selling them.  Rumor has it that the DOT camped out at the last horse auction in Ravenna and were issuing tickets to truck/trailer operators that were in violation.  I looked up the Michigan requirements and I see the statement "Recreational and personal use vehicles are excluded."  It seems that I would fall into that category, I do not hire my rig out, I do not have any type of commercial use with it, I don't show, I don't breed, I don't train for anyone else, I just camp and enjoy the great outdoors. 

Does anyone have any information on this?

This one is a bit complicated. Below is the definition of a commercial vehicle as defined by the FMCSA.

Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle—

(1) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or

(2) Is designed or used to transport more than 8 passengers (including the driver) for compensation; or

(3) Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or

(4) Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C.

The verbiage is very important. The word here that is important is 'interstate'. Means crossing state lines. Since I will assume you do not leave the state of MI we will look at state regulations.

Below is an excerpt taken from state regs. If the transportation is incidental to your other enterprise i.e. farming you don't need a DOT number.

(i) "Motor carrier" means both motor common carriers of property and motor contract

carriers of property. Motor carrier does not include any person engaged in the transportation of

property by motor vehicle upon public highways where the transportation is incidental to, or in

furtherance of, any commercial enterprise of the person, other than transportation.

The MPSC regulates trucking in MI. This is where I found the above info.

http://www.dleg.state.mi.us/mpsc/motor/act_rules/act_rules_gcinter_gcintra_nohhg.pdf

This link below should have all the info you seek. I would advise you to print a copy and keep it in the vehicle. Read the whole document but pay close attention to pages 10 & 11.

http://www.dleg.state.mi.us/mpsc/motor/act_rules/act_rules_gcintra_nointergchhg_nointrahhg.pdf

Who was writing tickets in Ravenna? Was MSP Motor Carrier Div, or some else?

Disclaimer;

I am not an attorney. I do however own a trucking company.

You stated you don't show, breed, etc., that you just camp. Then you are exempt. Even if you did show, sell at auction, transportation would be incidental. If you are transporting for someone and they pay you money then you would be subject to the DOT regs. 

I hope this answers your question. 

Charlie your not the first to ask this or bring it up. I've seen this subject brought up on some other horse forums. If you know some one who got a ticket you might want to advise them to try to get a hold of the other people who also received tickets and get an attorney together. There was an attorney who specialized in motor carrier law in Grand Rapids. This would be the attorney someone would need.

I called the state.  I figured I was heading up camping this week and should just get the answer from the people that enforce the rules. So:

-As long as I am only camping and enjoying my horses, I am a private user and do not need registration.

-If I put a farm name on my vehicle or trailer, I need DOT numbers.

-If I haul my horses to a show or competition, I need DOT numbers.

-If I go to an auction with my trailer, I need DOT numbers, whether I am selling or buying.

-If I haul hay, I need DOT numbers.