You need a USDOT Number in Kansas if:

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Presentation transcript:

Kansas Commercial Vehicle Operators Watch This:   Do I Need A USDOT Number in Kansas?   

You need a USDOT Number in Kansas if: If your vehicles fit the definition of a Commercial Vehicle, are engaged in the furtherance of Commerce and do not fall under one of the exemptions. Your vehicles are operating in the furtherance of commerce if any of the following apply to you:   Money earned is declared as income from a business for tax purposes; Costs for the underlying activities are deducted as a business expense for tax purposes; Products and/or money is accepted for advertising a sponsor; The transport vehicle is being used in the furtherance of a commercial operation. You advertise and/or put yourself out for monetary gain. (i.e. free pick up of scrap material, that you salvage for monetary gain)

A Commercial Motor Vehicle (CMV) that requires a USDOT number, means a motor vehicle or combination of motor vehicles used in furtherance of commerce to transport passengers or property if: the vehicle has a gross vehicle weight rating or gross combination weight rating, or a gross vehicle weight or gross combination weight over 10,000 pounds; or the vehicle is designed or used to transport more than eight passengers, including the driver, for compensation; or the vehicle is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or the vehicle is of any size and is used in the transportation of hazardous materials required to be placarded. * *Material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded or any quantity of a material listed as a select agent or toxin.

Gross combination weight rating (GCWR) means the value specified by the manufacturer as the loaded weight of a combination vehicle. In the absence of a value specified by the manufacturer, GCWR will be determined by adding the GVWR of the power unit and the total weight of the towed unit and any load thereon. Gross vehicle weight rating (GVWR) means the value specified by the manufacturer as the loaded weight of a single vehicle. Exemptions for USDOT Requirement: All commercial vehicles in your fleet must match one of the exemptions listed in order for you to claim the exemption. If one commercial vehicle in your fleet does not meet the exemption at all times, you must have a USDOT number.

List of 9 Exemptions for USDOT:    List of 9 Exemptions for USDOT:  1. The owner of livestock or producer of farm products transporting livestock of such owner or farm products of such producer to market in a motor vehicle of such owner or producer, or the motor vehicle of a neighbor on the basis of barter or exchange for service or employment, or to such owner or producer transporting supplies for the use of such owner or producer, or in the motor vehicle of a neighbor on the basis of barter or exchange for service or employment.    My trucks are Farm Registered or used exclusively for my farm operation and DO NOT TRAVEL OUT OF KANSAS. 2. The transportation of children to and from school, or to motor vehicles owned by schools, colleges, and universities, religious or charitable organizations and institutions, or governmental agencies, when used to convey students, inmates, employees, athletic teams, orchestras, bands or other similar activities.  This exception would not apply to Commercial Vehicles hired by one of the entities listed above to transport children other than to or from school. Example: Buses hired to take students on a school trip. 3. Motor vehicles owned and operated by the United States, the District of Columbia, any state, any municipality or any other political subdivisions of this state. 4. Persons operating motor vehicles which have an ad valorem tax situs in and are registered in the state of Kansas, and used only to transport grain from the producer to an elevator or other place for storage or sale for a distance of not to exceed 50 miles. This can only be the sole use of this vehicle; if they exceed 50 miles or haul other items for hire they must have a USDOT number. 5. Any motor vehicle with a normal seating capacity of not more than the driver and 15 passengers while used for vanpooling or otherwise not for profit in transporting persons who, as a joint undertaking, bear or agree to bear all the cost of such operations, or motor vehicles with a normal seating capacity not more than the driver and 15 passengers for not-for-profit transportation by one or more employees to and from the factories, plants, offices, institutions, construction sites or other places of like nature where such persons are employed or accustomed to work.

List of 9 Exemptions for USDOT: 6. The operation of hearses, funeral coaches, funeral cars or ambulances by motor carriers. 7. Motor vehicles used to transport water for domestic purposes, as defined by subsection (c) of K.S.A. 82a-701, and amendments thereto, or livestock consumption.   (c) "Domestic uses" means the use of water by any person or by a family unit or household for household purposes, or for the watering of livestock, poultry, farm and domestic animals used in operating a farm… 8. The operation of vehicles used for servicing, repairing or transporting of implements of husbandry, as defined in K.S.A. 8-1427, and amendments thereto, by a person actively engaged in the business of buying, selling or exchanging implements of husbandry, if such operation is within 100 miles of such person’s established place of business in this state, unless the implement of husbandry is transported on a CMV. 8-1427 "Implement of husbandry" defined. "Implement of husbandry" means every vehicle designed or adapted and used exclusively for agricultural operations…regardless of ownership. 9. Referred to as “Tools of the Trade Exemption” (A) Except for motor vehicles under subparagraph (B), motor vehicles, with a GVWR of 26,000 lbs. or less, carrying tools, property or material belonging to the owner of the vehicle, and used in repair, building or construction work, not having been sold or being transported for the purpose of sale, except vehicles transporting hazardous materials which require placards. (B) Except vehicles transporting hazardous materials which require placards, motor vehicles, with a GVWR of 26,000 lbs. or less, carrying tools, property or material belonging to the owner of the vehicle, and used in repair, building or construction work and such tools, property or material are being transported to or from an active construction site located within a radius of 25 miles of the principal place of business of the motor carrier.

Commercial Vehicles come in all shapes and sizes: Consider the configuration of your Commercial Vehicle (trailer and power unit) when defining the vehicle. The Registered weight of the power unit must include the weight of all units in combination and the load carried.      If you need a USDOT Number and Your Commercial Vehicles travel across any state line; you will need an Interstate USDOT number If you need a USDOT Number and Your Commercial Vehicles do not leave Kansas; you will need an Intrastate USDOT Number.

For any additional questions regarding USDOT numbers, please contact mc@kdor.ks.gov *As of July 1, 2013; the exemption listed below has been repealed by statute and may no longer be used as an exemption to the USDOT requirement. 7. Motor vehicles used to transport water for domestic purposes, as defined by subsection (c) of K.S.A. 82a-701, and amendments thereto, or livestock consumption.