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Under federal and state highway safety regulations, there are several definitions of “commercial motor vehicle” (CMV) depending upon the size of the vehicle and how and where it’s used. The definition that applies will determine the safety regulations that must be followed.
Under federal standards, the most basic definition is found in 49 CFR 390.5. This definition refers to a vehicle used on highways in interstate commerce and places the driver and vehicle under Parts 390 through 396 (including requirements related to vehicle marking, driver qualification, hours of service, inspection and maintenance, etc.). This definition includes vehicles that do not require a commercial driver’s license (CDL). (Refer to 390.5 also for definitions of “highway,” “interstate commerce,” and related terms.)
Another federal CMV definition — found in 382.107 and 383.5 — refers to vehicles that are (in general) larger than those defined in 390.5, and applies whether the vehicle is used for interstate or intrastate commerce. Vehicles that meet this definition, and their drivers, are subject to parts 382 and 383, which deal with CDLs and alcohol and drug testing. In effect, operators of these vehicles must comply with all of the Federal Motor Carrier Safety Regulations in parts 350-399.
If involved in intrastate commerce only, then state regulations apply, and each state is free to adopt its own CMV definition (within certain limits). Many states adopt the federal definition in 390.5, but others do not.