WHAT IS A COMMERCIAL MOTOR VEHICLE (CMV)?

According to the FMCSRs, a commercial motor vehicle is any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property. To be considered a CMV, the vehicle must satisfy at least one of the following criteria: (1) have a gross vehicle weight rating (GVWR), gross combination weight rating (GCWR), gross vehicle weight (GVW), or gross combination weight (GCW) of 10,001 pounds or more, whichever is greater; (2) be designed or used to transport 9 or more passengers (including the driver) for compensation or 16 or more passengers (including the driver) not for compensation; or (3) be used to transport hazardous materials in quantities requiring the vehicle to have some sort of display posted that indicates to other drivers that they are carrying hazardous materials. For further clarity, the FMCSA defined both “motor vehicle” and “highway.” According to the FMCSA, a motor vehicle is any vehicle, machine, tractor, trailer, or semitrailer (or any combination of those) propelled or drawn by mechanical power and used on the highways in the transportation of passengers or property. However, this does not include vehicles operated on rails or trolley buses powered by an overhead electrical wire. Furthermore, the FMCSA defined a highway as any road, street, or way (whether on private or public property) that is “open to public travel.” It is noteworthy to mention that the CMV definition includes combinations of vehicles that by themselves may not be regulated. For example, a pickup truck that weighs less than 10,000 pounds could be considered a CMV and subject to the FMCSRs if it is pulling a small trailer that puts it over the 10,000 pound marker.

If you have a question about an accident or injury involving a semi-truck and how these regulations may be important as applied to the accident call Roth Davies, LLC Trial Lawyers for a free consultation.