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Everything posted by diplomatman2002

  1. Rick As I have said in previous posts, Montana LLC;S are becoming a very iffy situation. As a member of the FMCA Governmental and Legislative Affairs Committee I have been keeping abreast of new laws and attempts to curb the use of Montana LLC'S. I have found that many states are cracking down on these. California, Colorado, Texas Oklahoma, and Connecticut are a few that come to mind. Yesterday I found that the state of Washington has enacted a law that states that anyone who is found to be living in the state and using a Montana LLC is subject to 60 percent penalty plus interest . Massachuttes has law enforcement watching for any such vehicles parked in Mass. for over 30 days at which time they will be subjected to fines and penalities. If you supply me with an e-mail address I would be happy to forward these to you. Paul diplomatman2002@yahoo.com
  2. In reference to the need to have a CDL license to drive an LLC vehicle. Since an LLC or Limited Liabilaty Coporation is considered a business, some class of a CDL would be required to operate any vehicle registered as such. If the RV was registered as an RV and not as an LLC in your home state, then that state's laws would govern what type of license you would be required to have to operate the vehicle. A few years ago I trained and had tested every salesman employed by an RV dealer because NY ruled that even though the salesmen did not drive for a living, when they took a customer out for a demo ride they were driving a coach with Dealer Plates and the plate was registered to a business and needed a CDL. I have just touched on a few situations where states can use the law to their benefit if they want to cite you. Another isssue is since you are registered as a business and traveling the interstate, are you required to be registered as a DOT-elegible commercial vehicle and required to have DOT numbers on your coach? It all boils down to, Do you want to certainly be legal or do you want to take that chance and posssibly pay hundreds or thousands of dollars fighting a case? Paul
  3. As a member of the FMCA Governmental and Legislative Affairs Committee, I have seen more and more of these LLC cases coming to light. First of all, let me make clear that I or the committee is not in a position or pretend to give legal advice concerning this situation, only an attorney can do that. Speaking only as a CDL trainer and someone who has contacts with several state motor vehicle departments on a regular basis, I can tell you that this LLC issue is being looked at very seriously by states as a source of revenue. Presently California, Colorado, Texas, Mass, Conn and several other states are coming down hard on LLC holders. In a conversation with a Massachusetts law enforcement official, I was told that they will key in on any motorhome and towed car that have different state registrations, They will ask to see the registrations for both vehicles. Then, if the RV has an LLC, they will check the drivers license and see if the operator has a CDL license. Assuming at that point that the RV is owned by a business. Then the RV will be checked to see if it has an IFTA fuel sticker. They will determine that the LLC is a business and therefore it is required to pay a fuel tax. Then a case will be brought seeking all back fuel taxes from the date of origin on the LLC, plus fines. The driver could face a ticket for driving out of class. LLC holders have to weigh whether it is in their best interest to take this risk or pay the taxes and register in their home state. Paul
  4. In the 47 plus years that I have been in the Commercial transportation field both in the safety and operational ends, I have seen people that choose to follow the letter of the law and be safe and those who choose to ride the edge, sometimes with success other times with dire results. Today the name of the game with the states is where can I get money and how much. You will see enforcement today like you would not have seen in the past when times were better. As to the question of how will they find out if I am legal or not, If you are stopped for any reason for instance speeding , light out or a road check , They will ask you for license and registration. If you have an LLC they will assume that you are a business. They will then check to see if you have an IFTA fuel sticker which indicates that you are registered to pay fuel tax, if not you are in violation of law and they will be looking for payment of the fuel tax plus a fine. They can then check your license , if you do not have a CDL then you could be charged with driving out of class. and if you are involved in an accident this could have other impacts. Bottom line is are you going to risk this and the expense ? Or are you going to play it safe? and follow the law to the letter. Diplomatman2002
  5. Massachusetts has announced a crackdown on Massachusetts residents registering their vehicles in another state. I have been advised by Massachusetts State Police that they have been instructed to give special attention to vehicles registered under an LLC and other forms of registration used to avoid Massachusetts' fees. Massachusetts joins a list of other states such as Connecticut, Colorado and California that are taking action against the use of LLCs. Paul DuBois FMCA Governmental and Legislative Affairs Committee
  6. I don't know if you are aware that the Agent Orange Equity Act of 2009 has been introduced in Congress with bipartisan support to include all veterans, including Navy veterans who were affected by Agent Orange in Vietnam. If veterans have any questions, One of our FMCA member's wives is working with Congressmen and veteran advocates to get the bill passed. She can be reached at susieq7921@verizon.net if you are a veteran and have any questions. Diplomatman2002
  7. I think it is an excellent idea to investigate the possibility of group pet health insurance. There are thousands of FMCA members that travel with pets and find the cost of individual pet health insurance prohibitive. I believe it would be a great member benefit. Paul DuBois
  8. I would be very cautious about using a LLC . Some states are starting to clamp down on LLC'S. It is my understanding that in some cases that California has determined that persons with an LLC are businesses and are seeking fuel tax payment from the time that the LLC was filed. Connecticut has also in some cases has started action against them due to the loss of revenue. With today's economy they are looking for new sources of income. Paul DuBois
  9. Wayne I received a call this morning from Rick Abare the Executive Director of the Maine Campground Owners Association. He is interested in hearing suggestions from us on the subject. In fact he is interestred in attending our Northeast Area Rally in Essex Junction, VT August 12-15 and taking a booth and also possibly doing a Q and A session. I think your suggestion is excellent. I will forward it to him Paul DuBois
  10. In NYS you are required to have a "R" designation on your license if your coach is over 26,000 LBS. There is no written test but you are required to take a road test which consists of 3 right turns, 3 left turns and parallel park. You must get a R designation permit from DMV to take the test. As a general rule Whatever the law in your home state is what you are governed by. Paul DuBois
  11. This evening I had an extended telephone conversation with Allen York of the Maine Campground owners association. I felt that it was a very productive conversation. I expressed my concern about RVers being charged full price for a short overnight stay at a campground where they would use no services. I referenced a personal example where I was charged $45.00 for a period from 8Pm to 7am in a campground in York Maine and expressed my view that there should be a reasonable fee charged for such a situation. Mr York advised that the campground owners are not necessarly opposed to an overnight stay in Walmart or similiar facility and realize the neccesity of it but what they are opposed to is rvers spending multiple nights in Walmarts or similiar locations with slides out, jacks down and awnings out. Mr York stated that he has had several cases where he has seen these coaches in Walmart and then have them come into his campground an offer him $5.00 to dump. I agree that this is not right. I will be having a discussion with the Execetive Director of the association in the next few days. I will extend an invitation to him to attend our Northeast Area Rally in Essex Junction , VT in August where we can have the opportunity to open a dialoge and work toward a solution that would benefit both sides. Paul DuBois Incoming Northeast Area VP
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