CMV or not?

Discussion in 'Trucking Industry Regulations' started by archer87q, Apr 17, 2013.

  1. archer87q

    archer87q Bobtail Member

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    Jan 20, 2012
    Phoenix, AZ
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    Greetings! Long-time lurker...first-time poster. I recently got offered a job driving a 16' straight truck for a local logistics company. The route is roundtrip over 1.5 days and covers 3 states. The truck is one of those Enterprise rental trucks with a lift gate.

    What's up for debate is whether or not this truck is considered a CMV, which would then subject it to DOT regulation. My brother-in-law (a former OTR driver) says it IS...I think it's NOT. The owner says its NOT, too, as its under the weight limit (10,001 lbs., IIRC). Brother-in-law seems to think that the fact that its transporting commercial goods across state lines (i.e. engaged in "interstate commerce") is the determining factor. Owner says he doesn't keep a logbook, ignores HOS limits, and bypasses ports of entry/scales.

    I have a Class B CDL, if it matters. I tried looking this info up myself online, but just got myself more confused! I just want to be sure I'm running legal.

    So, who's right? :biggrin_2556:
     
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  3. CondoCruiser

    CondoCruiser The Legend

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    Look in the drivers door jamb. If the the GVWR is 26,000 lbs or less than you don't. That's if you don't haul a RQ of hazardous materials.
    I think some 16 footers might go up to 26,000 lbs but not over.

     
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  4. MoGooder

    MoGooder Light Load Member

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    Kenosha, WI
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    If the sticker on the door jamb lists the GVWR less than 10001 lbs you do not need a CDL, you do not need to log and you do not need to enter weigh stations in MOST states. HAZMAT loads require a CDL with proper endorsement, you must log and you must enter weigh stations. You can go to Expediters Online to verify this information. As long as the GVWR is10001 lbs or less you are not subject to DOT Hours of Service rules and can drive as long long as you want. I wish you safe journeys.
     
    Last edited: Apr 18, 2013
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  5. MoGooder

    MoGooder Light Load Member

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    Kenosha, WI
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    If the sticker on the door jamb lists the GVWR less than 10001 lbs you do not need a CDL, you do not need to log and you do not need to enter weigh stations in MOST states. HAZMAT loads require a CDL with proper endorsement, you must log and you must enter weigh stations. You can go to Expediters Online to verify this information. As long as the GVWR is 10001 lbs or less you are not subject to DOT Hours of Service rules and can drive as long as you want. I wish you safe journeys.
     
  6. Allow Me.

    Allow Me. Trucker Forum STAFF Staff Member

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    Hauling freight for pay means it's a CMV and subject to inspection. Does bossman run it with rental companies ID only, or does he have his company name on it ?
     
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  7. MoGooder

    MoGooder Light Load Member

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    Kenosha, WI
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    According to post #2 a vehicle is considered a CMV when the GVWR exceeds 10000 lbs. I know that most expediters have their company names on the sides of the vehicle and they haul freight for pay through multiple states and they do not log or enter MOST weigh stations if their vehicle is under 10000 lbs unless they have a HAZMAT load.
     
  8. CondoCruiser

    CondoCruiser The Legend

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    Don't confuse state registration laws with what the federal gov't says it is a commercial vehicle. Almost every business including cars can have state commercial tags. That's not the deal breaker when it comes to a CMV in the feds eyes.

    This might answer it better

    They are designed to confused. 383.5 clearly defines a CMV but in this answer they say different.
     
    Last edited: Apr 17, 2013
  9. rightlane4trucking

    rightlane4trucking Light Load Member

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    Jun 5, 2010
    Mount Shasta, California
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    Archer,
    The confusion is understandable. The federal regulations actually contain multiple definitions of a Commercial Motor Vehicle (CMV) and any attempt to answer your original question requires an understanding of to which regulations each definition applies. The first definition (49 CFR 390.5) determines the applicability of the Federal Motor Carrier Safety Regulations Parts 390 through 396. The second definition is in 49 CFR 383.5 (as cited by Condo Cruiser) and determines the requirements to possess a CDL and to participate in controlled Substance and Alcohol testing.

    I wrote a fairly detailed article on this topic about a year ago and will include a link below.

    http://rightlane4trucking.com/pages/newsletters/nl0212whatisacmv.php
     
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  10. RickG

    RickG Road Train Member

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    Owensboro , KY
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    The OP says it's a route so may not be freight for hire. No MC authority required but it is still subject to FMCSR
     
  11. MoGooder

    MoGooder Light Load Member

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    Kenosha, WI
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    Ok, my question is being 10000 or less does he need to log, enter weigh stations and follow Hours of Service rules?
     
    Last edited: Apr 18, 2013
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