CMV driver and vehicle safety and DOT

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  What is the definition of a commercial motor vehicle?

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

  The general definition of a CMV is found in §,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, gross combination weight rating, gross vehicle weight, or gross combination weight of 10,001 pounds or more,
  • is designed to transport more than 8 passengers (including the driver) for compensation,
  • is designed to transport more than 16 passengers (including the driver) and is not used to transport passengers for compensation, or
  • is transporting hazardous materials in a quantity requiring the vehicle to be placarded.

  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.

  A different definition of a CMV is used in Parts 382 and 383, the regulations dealing with the commercial driver&rsquo,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 gross combination weight rating of 26,001 pounds or more inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds.
  • has a gross vehicle weight rating of 26,001 pounds or more,
  • is designed to transport 16 or more passengers, including the driver, or
  • is transporting hazardous materials in a quantity requiring the vehicle to be placarded.

  Drivers must have a CDL and undergo drug and alcohol testing if they drive vehicles meeting the definition stated above. This same definition, applicable only to interstate commerce, places a driver under entry-level driver training requirements found in Part 380.

  What is a ",private", carrier?

  Private carriage exists when:
  1. Property is transported by a person engaged in a business other than transportation, and
  2. The transportation is within the scope of and furthers a primary business (other than transportation) of the person.

  Source