What is the definition of a commercial motor vehicle?

There are two different definitions of “commercial motor vehicle” (CMV) in the Federal Motor Carrier Safety Regulations. Which definition applies depends on which regulations are being referenced.

The basic definition of a CMV is found in Sec. 390.5 and refers to a vehicle used in interstate commerce. According to this definition, a CMV is a vehicle that:

• Has a gross vehicle weight rating (GVWR), gross combination weight rating (GCWR), 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 more than 15 passengers (including the driver) and is not used to transport passengers for compensation; or
• Is of any size and is used in the transportation of hazardous materials.*

The regulations in Parts 390 through 396 apply to drivers of vehicles meeting this definition. These regulations include driver qualification, hours of service, and inspection and maintenance requirements, among others.

A different CMV definition is used in Parts 382 and 383, the regulations dealing with the commercial driver’s license and drug and alcohol testing. This CMV definition refers to vehicles used in interstate or intrastate commerce. According to this definition, a CMV is a vehicle that:

• Has a GCWR or GCW of 26,001 pounds or more, whichever is greater, inclusive of a towed unit with a GVW or GVWR of more than 10,000 pounds, whichever is greater;
• Has a GVW or GVWR of 26,001 pounds or more;
• 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.*

Drivers must have a CDL and undergo drug and alcohol testing if they drive vehicles meeting the definition stated above.

*Note: 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 Part 172 or any quantity of a material listed as a select agent or toxin in 42 CFR Part 73.