...
Question 1: a. Does “designed to transport” as used in the definition of a CMV in §383.5 mean original design or current design when a number of seats are removed?
b. If all of the seats except the driver’s seat are removed from a vehicle originally designed to transport only passengers to convert it to a cargo-carrying vehicle, does this vehicle meet the definition of a CMV in §383.5?
Guidance: a. “Designed to transport” means the original design. Removal of seats does not change the design capacity of the CMV so long as it still transports passengers.
b. No, unless this modified vehicle has a GVWR or GVW, whichever is higher, of 26,001 pounds or more, or is used to transport placarded HM. This vehicle shall not transport passengers. Only the driver may occupy this converted vehicle.
Question 2: When a State agency contracts with private parties for services involving the operation of CMVs, is the State agency or contractor considered the employer?
Guidance: For the purposes of part 383, if the contractor employs individuals and assigns and monitors their driving tasks, the contractor is considered the employer. If the State agency assigns and monitors driving tasks, then the State agency is the employer.
Question 3: Does the definition of a CMV in §383.5 of the CDL requirements include parking lot and/or street sweeping vehicles and is a driver of such a vehicle required to have a CDL?
Guidance: If the GVWR of a parking lot or street sweeping vehicle is 26,001 pounds or more, it is a CMV under §383.5. If the vehicle is operated on a public highway, the driver would need a CDL.
Question 4: One definition of CMV is a vehicle “designed to transport” 16 or more passengers, including the driver. Does that include standing passengers if the vehicle was specifically designed to accommodate standees?
Guidance: No. “Designed to transport” refers only to the number of designated seats; it does not include areas suitable, or even designed, for standing passengers.
Question 5: Must operators of motor graders or motor scrapers obtain CDLs and be subject to controlled substances and alcohol testing if they operate the equipment on public roads?
Guidance: No.
Question 6: Are rubberized collapsible containers or “bladder bags” attached to a trailer considered a tank vehicle, thus requiring operators to obtain a CDL with a tank vehicle endorsement?
Guidance: Yes.
Question 7: A driver operates a combination vehicle with a GCWR of 26,001 pounds or more. The tractor is towing a semitrailer and a full trailer, each with a GVWR of less than 10,000 pounds. Is this combination a Group A vehicle that requires a driver with a Class A CDL?
Guidance: Yes. The GVWR for multiple towed units are added to determine whether the 10,000 pound GVWR threshold has been met. If the total GVWR for the two trailers is more than 10,000 pounds, and the tractor’s GVWR is sufficient to produce a GCWR of at least 26,001 pounds, the combination is a Group A vehicle requiring a driver with a Class A CDL with a double/triple trailers endorsement.
For example, a combination vehicle with a GCWR of 36,000 pounds includes a semitrailer and a trailer, each of which has a GVWR of 6,000 pounds. This is a Group A vehicle having a Gross GCWR of 36,000 pounds inclusive of two towed units having a combined GVWR of 12,000 pounds.
Question 8: On May 9, 2011, FMCSA revised the definition of “tank vehicle” to include any CMV that is designed to transport any liquid or gaseous materials within a tank or tanks having an individual rated capacity of more than 119 gallons or more that is either permanently or temporarily attached to the vehicle or the chassis. Does the new definition include loaded Intermediate Bulk Containers (IBCs) or their tanks temporarily attached to a CMV?
Guidance: Yes. The new definition is intended to cover (1) a vehicle transporting an IBC or other tank used for any liquid or gaseous materials with an individual rated capacity of 1,000 gallons or more that is either permanently or temporarily attached to the vehicle or chassis; or (2) a vehicle used to transport multiple IBCs or other tanks having an individual rated capacity of more than 119 gallons and an aggregate rated capacity of 1,000 gallons or more that are permanently or temporarily attached to the vehicle or the chassis.
Question 9: On May 9, 2011, FMCSA revised the definition of “tank vehicle.” Does the new definition cover the transportation of empty Intermediate Bulk Containers (IBCs) or other tanks, or empty storage tanks?
Guidance: No. The definition of “tank vehicle” does not cover the transportation of empty IBCs or other tanks, or empty tanks when these containers are manifested either as empty or as residue on a bill of lading, and are actually empty or contain only residue. Furthermore, the definition of tank vehicle does not cover the transportation of empty storage tanks that are not designed for transportation and have a rated capacity of 1,000 gallons or more, that are temporarily attached to a flatbed vehicle.