Application of the FMCSR Upon Private Motor Carriers
whatisaCMVcna
1. By Jim Martin, CNA Underwriting Consulting Director and Robert Beneze, Risk
Control Consulting Director
An employer’s use of a “commercial motor vehicle” (CMV) depends on many
factors. This includes whether the vehicle operates in interstate or intrastate
commerce; the regulations of the Department of Transportation, the Federal
Motor Carrier Safety Administration (FMCSA), the Pipeline and Hazardous
Material Safety Administration (PHMSA), and the state location.
Interstate vs. Intrastate
Interstate commerce is defined in the Federal Motor Carrier Safety Regulations
(FMCSRs) as trade, traffic or transportation in the United States:
1) Between a place in a State and a place outside of such State (including
a place outside of the United States;
2) Between two places in a State through another State or a place outside
of the United States; or
(3) Between two places in a State as part of trade, traffic, or transportation
originating or terminating outside the State or the United States.1
Intrastate commerce is when an operator drives a CMV only within one state and
does not meet any of the descriptions in the above definition of interstate
commerce.2
If a CMV is engaged in intrastate commerce only, it may be
defined differently by the state in which is operated, based upon the
vehicle/combined vehicle weight.
NOTE: If a CMV operates in both intrastate commerce and interstate commerce
it is considered to be engaged in interstate commerce.
Regulations
Interstate operations are subject to the regulations of the FMCSARs, regardless
of the states in which the vehicle is traveling.3
The definition of commercial motor vehicle varies within the FMSCA regulations.
In Part 382, which applies to alcohol and drug use and testing, a CMV is
defined as a motor vehicle or combination of motor vehicles used in commerce to
transport passengers or property if the vehicle: Has a gross combined weight
rating (GCWR) or gross combination weight (GCW) of 26,001 pounds or more,
whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight
1
49 CFR §390.5
2
Id.
3
49 CFR §§ 390-396
What Are Commercial Motor Vehicles
and How Are They Defined?
2. rating (GVWR) or gross vehicle weight (GVW) of more than 10,000 pounds,
whichever is greater; or
• Has a GVWR or GVW of 26,001 pounds or more, whichever is greater;
or
• Is designed to transport 16 or more passengers, including the driver; or
• Is of any size and is used in the transportation of materials found to be
hazardous for the purposes of the Hazardous Materials Transportation Act and
which require the motor vehicle to be placarded under the Hazardous Material
Regulations.4
In Part 383, Commercial Driver’s License Standards, a CMV is defined as a
motor vehicle or combination of motor vehicles used in commerce to transport
passengers or property if the motor vehicle:
(1) Has a GCWR or GCW of 26,001 pounds or more, whichever is greater,
inclusive of a towed unit(s) with a GVWR or GVW of more than 10,000 pounds,
whichever is greater; or
(2)Has a GVWR or GVW of 26,001 pounds or more, whichever is greater; or
(3) Is designed to transport 16 or more passengers, including the driver; or
(4) Is of any size and is used in the transportation of hazardous materials as
defined in this section.5
Driver Selection Guidance: Regulated Vehicles
The definition of commercial motor vehicle differs under the Federal Motor
Carrier Safety Regulations (FMCSRs)., In this Part, a CMV is defined as any
self-propelled or towed motor vehicle used on a highway in interstate commerce
to transport passengers or property when the vehicle:
• Has a GVWR or GCWR, or GFW or GCW of 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 USC §103 and transported in a quantity
4
49 CFR §382.107
5
49 CFR §383.5
3. requiring the vehicle to be placarded under 49 CFR, subtitle B, chapter I,
subchapter C.6
Parts 390 --396 of the FMCSRs apply to drivers of vehicles meeting this
definition. These regulations address driver qualifications, hours of service,
inspection and maintenance requirements, among other topics.
FMCSR Part 391 Qualification of Drivers
Driver qualification files must comply with FMCSR Part 391.51. The following is
the GVW for each state when a vehicle used in intrastate commerce only is
considered a CMV, and would be subject to driver qualification file requirements
as noted in FMCSR 391.51.
State definitions of CMV for intrastate operations are as follows:
20 States, including DC use 10,001 pounds:
AR, CO,DC,GA,HI,IL,KY,MA,MD,ME,MI,MN,NH,NY,OH,OR,RI,UT,WA,WV.
26 States use 26,001 pounds:
AL, DE, FL, IA,ID,IN KS, LA, MT, MS, MO, NE, NV, NJ, NM, NC, ND, OK, SC,
SD, TN, TX, VT, VA, WI, WY.
Five states use other weights/requirements:
AK-14,000
AZ-18,000
CT-18,001
PA-17,001
IN-FOR HIRE 10,001- PRIVATE 26,001
* At the time of publication, California had not adopted §391.51 regarding driver
qualification files.
Fleets must require each driver to demonstrate that the driver is capable of safely
operating each different type of vehicle before driving such vehicle on a highway
unsupervised. The fleet must maintain a record of the different types of vehicles
and vehicle combinations each driver is capable of driving. An application for
employment and a signed and dated Department of Motor Vehicles report must
also be maintained.
This information is based on a poll of the states prior to publication of this article.
Be sure to check local and state DMV’s and the DOT for possible updates in the
weight requirement for CMVs, as they are subject to change.
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and Trademark Office. Certain CNA Financial Corporation subsidiaries use the "CNA" service
6
49 CFR §390.5
