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?
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.
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
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
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.