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Knowing how the basic definition of “commercial motor vehicle” (CMV) applies throughout the Federal Motor Carrier Safety Regulations (FMCSRs) is key to compliance.
Scope
The CMV definition applies to most everyone operating a large commercial truck or bus, subjecting them to all or most of the FMCSRs.
Regulatory citations
- 49 CFR 390.5 — Definitions
Key definitions
- Commercial motor vehicle: Any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle:
- Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or
- Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
- Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
- Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding.
- Driver: Any person who operates any commercial motor vehicle.
- Employer: Any person engaged in a business affecting interstate commerce who owns or leases a commercial motor vehicle in connection with that business, or assigns employees to operate it, but such term does not include the United States, any state, any political subdivision of a state, or an agency established under a compact between states approved by the Congress of the United States.
- 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.
- Gross vehicle weight rating (GVWR): The value specified by the manufacturer as the loaded weight of a single motor vehicle.
Summary of requirements
The term “commercial motor vehicle” (CMV) appears throughout the FMCSRs as found in 49 CFR Parts 350-399. Because there is more than one CMV definition in those regulations, however, it can be hard to tell which one applies to any given rule.
The basic, most commonly used CMV definition appears in 390.5, and is shown above. That section contains many definitions, and it indicates that those definitions apply throughout “this subchapter” of the regulations, “unless specifically defined elsewhere.”
What does ‘this subchapter’ mean? The word “subchapter” is referring to a specific block of regulations within the U.S. Code of Federal Regulations (CFR). In this case, the use of “this subchapter” is referring to CFR Title 49 (which contains all the transportation-related regulations), Volume 5, Chapter 3 (which contains regulations from the Federal Motor Carrier Safety Administration (FMCSA)), Subchapter B, which is the Federal Motor Carrier Safety Regulations. Within that subchapter are Parts 350-399.
Going back to the wording of 390.5, the CMV definition found in that section applies throughout Parts 350-399 (“this subchapter”) except in cases where a particular Part has its own definition.
When would it be different? There are a few cases where the CMV definition differs from that found in 390.5. Parts 380, 382, and 383 all rely on the CMV definition found in 382.107 and 383.5 (which are the same). Basically, this alternative definition refers to a larger class of vehicles (i.e., over 26,000 pounds, or designed for 16 or more passengers, or placarded for hazardous materials). Drivers of these larger (or placarded) vehicles are subject to additional regulations for CDL licensing, drug/alcohol testing, and new-driver training.
What are the implications of this? Because most parts of the FMCSRs rely on the CMV definition found in 390.5, operators of those vehicles are subject to most of the CMV safety regulations even if the vehicle does not require a CDL license. This includes regulations for FMCSA registration, driver qualification, hours of service, vehicle equipment (brakes, lights, fire extinguishers, triangles, cargo securement, etc.), vehicle maintenance, daily and annual vehicle inspections, DOT markings, and so on.
What about intrastate-only vehicles? For intrastate commerce (within a single state and not in furtherance of interstate commerce), states have the option of adopting their own CMV definitions, within certain limits. The weight thresholds for intrastate-only vehicles vary greatly, often mimicking the federal standard of 10,001 pounds or tying them into the need for a CDL. Yet other states have adopted weights completely unrelated to any federal rule (e.g., 18,001 pounds).