14 hrs on duty, 11 hrs drive time, 10 hours off etc? Or are those DOT hours only for class A combination vehicles? Driving a box truck with air brakes.
ANY vehicle that is used as a commercial vehicle in interstate commerce with a rated weight of OVER 10,001, or any vehicle that requires a CDL the driver is subject to the Federal HOS rules. This chart is a brief summary!
I'm not going to edit my first post. In that chart, you see the word exemptions listed in that first block. YES, there are many such vehicles used in interstate commerce, and LOGGING is required! This is why the definition of commercial vehicles is not the same in all parts of the FMCSA rules.
I just got an email asking me to explain my comment in this thread better and to also link to the differences. Part 395 does NOT have a definition of what a CMV is. To see this you have to go take a look at 390.5 AND is repeated in 390.5T. 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; or (2) Is designed or used to transport more than 8 passengers (including the driver) for compensation; or (3) Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or (4) Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C. What trips people up on this subject and if you are not paying close attention seems like a contradiction can be found in 383.5. 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 (3) Small Vehicle (Group C) that does not meet Group A or B requirements but that either - (i) Is designed to transport 16 or more passengers, including the driver; or (ii) Is of any size and is used in the transportation of hazardous materials as defined in this section. The difference is 390 is describing what is a CMV is in general and part 383 is talking about what defines a CDL-required CMV. This is WHY the FMCSA has placed NO definition of a CMV in part 395. It's already done in part 390. Before my heart attack last fall I had spoken to someone I know at CVSA as well as someone at the FMCSA service center in Atlanta. A lot of questions about some of the topics discussed in these forums have been asked of both groups. Even JJ Keller has made inquiries. I do think that soon the FMCSA is going to make some changes to Part 395.5 and 395.5T as well as the Regulatory Guidance on some of these topics. In the meantime when you see the words Commercial Motor Vehicle written in 395 GO BY how it is defined in 390 BY THE LETTER!
