Be Part of the Ultimate Safety & Compliance Community
Trending news, knowledge-building content, and more – all personalized to you!
The Federal Motor Carrier Safety Regulations contain two different definitions of “commercial motor vehicle” (CMV). Knowing the difference is vital for compliance.
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.
The CMV definition in 49 CFR 390.5 covers interstate motor carriers and drivers. It applies to all of the regulations in Parts 390, 391, 392, 393, 395, 396, 397, and 399.
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:
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:
*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.