Knowing the definition of “commercial motor vehicle” (CMV) is a cornerstone of compliance with highway safety regulations. The CMV definition that applies to a specific vehicle, however, will depend on several variables.

• Understanding what a CMV is requires familiarity with several important definitions.
• In general, vehicles over 10,000 pounds are DOT-regulated.
• State-by-state rules may differ.

The basic definition of “commercial motor vehicle” (CMV) used throughout most of the Federal Motor Carrier Safety Regulations (FMCSRs) — the federal rules governing truck and bus safety — is found in 49 CFR 390.5. This definition refers to a motor vehicle used on a highway in interstate commerce that meets any one of the following criteria:

• Has a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR), or gross vehicle weight (GVW) or gross combination weight (GCW) of 10,001 pounds or more, whichever is greater;
• Is designed or used to transport nine or more passengers (including the driver) for compensation;
• Is designed or used to transport 16 or more passengers (including the driver), not for compensation; or
• Is transporting hazardous materials in a quantity requiring the vehicle to be placarded.

As used in this CMV definition:

• Gross vehicle weight rating (GVWR) means the value specified by the manufacturer as the loaded weight of a single motor vehicle.
• Gross combination weight rating (GCWR) means the greater of: (1) the value specified by the manufacturer of the power unit, as shown on the certification label, or (2) the sum of the GVWRs or the GVWs of the power unit and the towed unit(s), or any combination of those that produces the highest value. Note that the GCWR of the power unit will not be used to define a commercial motor vehicle when the power unit is not towing another vehicle.
• Highway means any road, street, or way (whether on public or private property) that is “open to public travel,” meaning that the road or way is available (except during scheduled periods, extreme weather, or emergency conditions) and passable by four-wheel standard passenger cars, and is open to the general public for use without restrictive gates, prohibitive signs, or regulation other than restrictions based on size, weight, or class of registration.
• Interstate commerce means trade, traffic, or transportation in the United States:
  • Between a place in a state and a place outside of that state (including a place outside of the United States);
  • Between two places in a state through another state or a place outside of the United States; or
  • Between two places in a state as part of trade, traffic, or transportation originating or terminating outside the state or the United States.
• Motor vehicle means any vehicle, machine, tractor, trailer, or semitrailer (or any combination of those) propelled or drawn by mechanical power and used on highways in the transportation of passengers or property (including the vehicle itself). This does not include vehicles operated on rails, nor trolley buses powered by an overhead electrical wire.

Which rules apply to these CMVs?

The regulations in Parts 390–399 apply to drivers of vehicles meeting the basic CMV definition, with some exceptions. That is, whenever the phrase “commercial motor vehicle” appears in Parts 390–399, it is referring to the basic definition.

Such regulations include those for driver qualification, hours of service, cargo securement, vehicle marking, and inspection and maintenance, among many others.

Based on this, note that the FMCSRs do not apply to motor vehicles that weigh or are rated at 10,000 pounds or less unless they transport enough passengers or hazardous materials. Even if not regulated as CMVs, such vehicles remain subject to normal traffic laws, registration and insurance requirements, and other state-administered rules.

Caution!

The CMV definition includes combinations of vehicles that by themselves may not be regulated. For example, a pickup truck that weighs less than 10,000 pounds and is not normally regulated as a CMV could become a regulated CMV when pulling a small trailer. Both the trailer and truck would then be regulated under the FMCSRs.

Intrastate operations

A key part of the CMV definition is “interstate commerce,” meaning commerce that crosses state or national borders. Motor carriers and drivers involved only in intrastate (in-state) commerce are subject to that state’s CMV laws and regulations. Under those laws or regulations, the CMV definition may differ from the one already described.

• CMVs over a certain size (or placarded) are subject to additional DOT regulations.
• The added rules apply to both interstate and in-state operations.

A subset of the Federal Motor Carrier Safety Regulations (FMCSRs) applies only to larger commercial motor vehicles (CMVs), those that meet the CMV definition found in 382.107 and 383.5. Drivers of these larger vehicles must:

• Hold a commercial driver’s license (CDL),
• Undergo U.S. Department of Transportation (DOT)-mandated drug and alcohol testing, and
• Complete entry-level driver training.

The definition refers to a vehicle used in commerce, either interstate or intrastate, that meets one of the following criteria:

• Has a gross combination weight rating (GCWR) or gross combination weight (GCW) (whichever is greater) of 26,001 pounds or more, including a towed unit(s) with a gross vehicle weight rating (GVWR) or gross vehicle weight (GVW) (whichever is greater) of more than 10,000 pounds;
• Has a GVWR or GVW (whichever is greater) of 26,001 pounds or more;
• Is designed to transport 16 or more passengers, including the driver; or
• Is used to transport certain hazardous materials.

As used in this definition:

Commerce:

• Any trade, traffic, or transportation within the jurisdiction of the United States between a place in a state and a place outside of that state, including a place outside of the United States; or
• Trade, traffic, and transportation in the United States that affects any trade, traffic, and transportation described above.

Gross vehicle weight rating (GVWR): The value specified by the manufacturer as the loaded weight of a single motor vehicle.

Gross combination weight rating (GCWR): The greater of: (1) the value specified by the manufacturer of the power unit, as shown on the certification label, or (2) the sum of the GVWRs or the GVWs of the power unit and the towed unit(s), or any combination of those that produces the highest value. Note that the GCWR of the power unit will not be used to define a CMV when the power unit is not towing another vehicle.

Hazardous material: Any material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under Subpart F of Part 172 or any quantity of a material listed as a select agent or toxin in 42 CFR 73.

Which rules apply to these CMVs?

The regulations in Parts 380, 382, and 383 apply to drivers of vehicles meeting this definition of CMV, with some exceptions. That is, whenever the phrase “commercial motor vehicle” appears in those parts, it is referring to the larger-CMV definition.

These regulations govern CDLs, drug/alcohol testing, and entry-level driver training.

In effect, the operator of a larger CMV must comply with all of the FMCSRs found in Parts 350-399.

Longer combination vehicle (LCV) definition

Special training requirements apply to drivers of longer combination vehicles (LCVs), defined in 380.105 as: “any combination of a truck-tractor and two or more trailers or semi-trailers, which operate on the National System of Interstate and Defense Highways with a gross vehicle weight (GVW) greater than 36,288 kilograms (80,000 pounds).”

The LCV training requirements are found in Part 380 Subparts F – G.

Transport Canada has given the provinces and territories authority over motor carrier safety in Canada.

In general, a commercial motor vehicle in Canada is defined as one that is a:

• Truck, tractor, trailer, or any combination thereof that has a registered gross vehicle weight exceeding 4,500 kilograms; or
• Bus that is designed and constructed to have a designated seating capacity of more than 10 persons, including the driver.

This general definition is a guideline. Each jurisdiction in Canada defines a commercial motor vehicle a little differently. Jurisdictions may apply different sets of rules based on the types of vehicles the carrier operates and whether the carrier’s vehicles travel within or out of the carrier’s base jurisdiction.

The applicability of motor carrier safety rules depends largely on the provinces or territories in which the carrier is based and where the carrier operates.