Commercial motor vehicle definition

Scope

The definition of CMV in 49 CFR 383.5 covers both interstate and intrastate drivers and motor carriers and applies to the commercial driver’s license (CDL) standards in Part 383 and the drug and alcohol testing requirements in Part 382.

Regulatory citations

• 49 CFR 390.5T — Definitions
• 49 CFR 382.107 — Definitions
• 49 CFR 383.5 — Definitions

Key definitions

• Gross combination weight rating (GCWR): The greater of:
  • A value specified by the manufacturer of the power unit, if such value is displayed on the Federal Motor Vehicle Safety Standard (FMVSS) certification label required by the National Highway Traffic Safety Administration; or
  • The sum of the gross vehicle weight ratings (GVWRs) or the gross vehicle weights (GVWs) of the power unit and the towed unit(s), or any combination thereof, that produces the highest value.
  Exception: 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.
• Gross vehicle weight rating (GVWR): The value specified by the manufacturer as the loaded weight of a single motor vehicle.
• Highway: Any road, street, or way, whether on public or private property, open to public travel. “Open to public travel” means that the road section is available, except during scheduled periods, extreme weather or emergency conditions, passable by four-wheel standard passenger cars, and 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. Toll plazas of public toll roads are not considered restrictive gates.
• Interstate commerce: Trade, traffic, or transportation in the United States that is:
  • Between a place in a state and a place outside of such 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.

Summary of requirements

The basic definition of “commercial motor vehicle” used throughout most of the FMCSRs is found in 49 CFR 390.5. This definition refers to a 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 to transport more than 8 passengers (including the driver) for compensation;
• Is designed to transport 16 or more people including the driver, and is not used to transport passengers for compensation; or
• Is transporting hazardous materials in quantities requiring the vehicle to be placarded.

The regulations in 49 CFR Parts 390 through 396 apply to drivers of vehicles meeting this definition. Such regulations include those for driver qualification, hours of service, cargo securement, vehicle marking, and inspection and maintenance, among others.

A different definition of “commercial motor vehicle” is used for parts 380, 382, and 383. These parts regulate the commercial driver’s license (CDL), drug/alcohol testing, and new-driver training. The definition used for these parts refers to a vehicle used in commerce, whether interstate or intrastate, that meets one of the following criteria:

• Has a GCWR or GCW of 26,001 pounds or more, whichever is greater, inclusive of a towed unit(s) with a GVWR or GVW of more than 10,000 pounds, whichever is greater;
• Has a GVWR or GVW of 26,001 pounds or more, whichever is greater;
• Is designed to transport 16 or more passengers, including the driver; or
• Is of any size and is used in the transportation of hazardous materials.*

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