You can’t be serious! My pickup truck might be a CMV?
Did you know that your company pickup truck just might be defined as a commercial motor vehicle (CMV)
according to the Federal Motor Carrier Safety Regulations (FMCSRs)? You may be thinking to yourself, “But I’m not
hauling cargo with the truck so it can’t be a commercial motor vehicle,” or “This truck is way too small.”
In order to understand how and when some of your company’s smaller vehicles suddenly become CMVs, consider
the following:
Commerce involves anything that is the furtherance of business, such as hauling supplies and tools to and
from a worksite, dropping off workers, or just visiting a worksite during the course of business. If you are
not hauling freight for someone else, you can still be considered a private (motor) carrier.
The weight of the truck, load, and any trailer you may be transporting are included in the 10,001 pounds
or greater definition of CMV found in §390.5. This includes the manufacturer’s specifications of the truck
by itself (i.e., Gross Vehicle Weight Rating (GVWR)) or with a trailer (i.e., Gross Combination Weight
Rating (GCWR)). If you exceed the manufacturer’s weight specifications, and the actual weight of the
vehicle and load, with or without a trailer, is 10,001 pounds or greater, this is considered a CMV based on
Gross Vehicle Weight (GVW) or Gross Combination Weight (GCW).
Any size vehicle is subject to the safety regulations if it is hauling placardable amounts of hazmat.
Even if the trailer is only a small utility trailer, if it places you at the 10,001 pounds or greater, you are now
operating a commercial motor vehicle. If the vehicle only meets the definition when pulling a trailer, you would
only be concerned about observance of the safety regulations on those days it meets the definition. This includes
USDOT markings on the side of the truck and properly secured cargo. The pickups may have to stop at roadside
inspection stations also.
When you find your pickup meets this CMV definition, whoever drives this vehicle must be completely qualified
under Part 391, including a copy of the medical certificate on the person of the driver when operating the truck.
And the driver must comply with hours-of-service regulations. Even if he or she utilizes one of the short haul
exceptions in §395.1(e) (i.e., 100-air-mile radius driver or 150-air-mile radius non-CDL driver), you will need to
make sure that he or she does not exceed the daily on-duty hours, does not drive more than 11 of those hours,
and has at least 10 hours off between tours of duty. In addition, you will need to make sure that the driver, even if
he or she does not operate the vehicle every day, is able to drive based on the 60- or 70-hour rule. If the driver
cannot meet the conditions set forth in §395.1(e), he or she would have to complete a driver’s log for the day the
vehicle is used as a commercial motor vehicle.
The pickup truck and trailer are also subject to vehicle inspection and maintenance rules. On those days that the
vehicle meets the definition of commercial motor vehicle, the driver must conduct a pre-trip inspection per §396.13
and §392.7 and be satisfied that the truck and trailer are in safe operating condition. The driver must also
document a post-trip inspection in accordance with §396.11. The next time the pickup truck and/or trailer is used
this report must be maintained and reviewed prior to operation, even if days, weeks, or months elapses. You must
a l s o r e t a i n r e c o r d s o n t h e a n n u a l / p e r i o d inspection of both the truck and trailer, including the appropriate
documentation while on the road (i.e., inspection stickers or a copy of the inspection forms). In addition, you would
be expected to present maintenance records on the truck and trailer in the event of an audit.
Need assistance with your companies DOT compliance? Contact us @ FLEETAUDIT@COX.NET or 520.591.5882