CMV Confusion

Discussion in 'Trucking Industry Regulations' started by Volvo670ISX500, Mar 31, 2022.

  1. Volvo670ISX500

    Volvo670ISX500 Bobtail Member

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    Jan 24, 2008
    Chicago , il
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    Can someone explain something to me please. This is a bit confusing to me.

    Part 390 on the fmcsa regulations site says
    Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle -

    (1) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater;

    But then the definitions under Part 383 state;

    Commercial motor vehicle (CMV) means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle is a -

    (1) Combination Vehicle (Group A) - having a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater; or

    (2) Heavy Straight Vehicle (Group B) - having a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 pounds or more), whichever is greater; or

    These 2 seem to contradict each other. I have a driver with a regular passenger license driving a small box truck with the gvwr of 19,500 lb. Would he be allowed to drive this truck or would he need a commercial license?
     
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  3. ZVar

    ZVar Road Train Member

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    Sep 10, 2010
    Flint, MI
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    Part 390 is a general definition and defines what a CMV is for purposes of FMCSA regulation.
    Part 383 is specific to needed a CDL.
    The part that maters is from:
    "383.5 Definitions.
    As used in this part:"
    Means it only apples to part 383
    The definition of 390 has:
    § 390.1 Purpose.
    This part establishes general applicability, definitions, general requirements and information as they pertain to persons subject to this chapter.

    Two different definitions make it confusing yes, but in a nutshell a CMV is all vehicles used in commerce with a GCWR of 10,001 or more, and a CDL is needed for vehicles of 26,001 lbs or more.
     
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  4. Volvo670ISX500

    Volvo670ISX500 Bobtail Member

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    Jan 24, 2008
    Chicago , il
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    Thank you very much for your explanation. Makes much more sense now.
     
  5. Todd727

    Todd727 Light Load Member

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    Jun 7, 2021
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    ZVar got it, you can also use the titles of those two chapters to help make sense and understand that they are addressing two separate subjects.

    PART 383 - COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES

    PART 390 - MOTOR CARRIER SAFETY REGULATIONS: GENERAL
     
  6. roundhouse

    roundhouse Road Train Member

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    Jul 11, 2018
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    Basically anything over 10k lbs is a commercial vehicle . Which can require a medical card and logbook depending on various circumstances, but doesn’t require a CDL .
    A pickup truck with a small trailer is over 10k gvwr
    Every lawn care company etc .
    The DOT doesn’t hassle them too much . Yet .

    Any thing over 26k required a CDL
     
  7. Todd727

    Todd727 Light Load Member

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    Jun 7, 2021
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    Last statement isn't correct. You can be at 36K and not require a CDL, if the drive unit is 26K GVWR and the towed trailer is 10K GVWR.

    However, every dually pickup dragging a 14K tag or gooseneck would need a CDL.

    upload_2022-4-16_8-49-52.png
     
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