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Legal Blog

What Is Considered a Commercial Motor Vehicle?

The primary considerations for whether a vehicle qualifies as a commercial motor vehicle include:

  • The vehicle’s weight
  • Whether the vehicle travels across state lines
  • What type of cargo it carries
  • Whether the vehicle is transporting individuals for compensation
  • How many people the vehicle is designed to carry

To meet the qualifications of a Commercial Motor Vehicle, it must be a vehicle used on a highway in interstate commerce while transporting property or passengers and meet additional specified criteria, described below.

Legal Criteria Affecting Commercial Motor Vehicles

gross vehicle weightThe official criteria for determining a commercial motor vehicle is set by the Federal Motor Carrier Safety Administration (FMCSA). In an FAQ addressing the difference between a CMV and a non-CMV, the Administration discusses the various criteria it uses to categorize large vehicles, which include:

Gross Vehicle Weight

The Gross Vehicle Weight (GVW) is based on the maximum vehicle weight per the manufacturer. According to the Alternative Fuels Data Center (AFDC), the GVW includes the weight of fluids, cargo, and passengers.

These vehicles are divided into classes based on weight:

  • Classes 1-2 weigh 10,000 lbs. or below and are considered light-duty vehicles.
  • Classes 3-6 weigh between 10,001 and 26,000 lbs. and are medium-duty vehicles.
  • Classes 7 and 8 weigh between 26,001 and up and are considered heavy-duty CMVs.

Passengers

commercial passenger vanIf the vehicle is designed to hold more than 15 passengers, including the driver, it is likely considered a commercial vehicle (CMV). However, if you accept compensation for transporting passengers, the vehicle may qualify as a CMV if it is meant for as few as eight riders, including the driver.

As with every case, the unique circumstances determine how your attorney may manage your claim. For example, a large family that regularly has nine people in a van is not necessarily considered a CMV. However, a community provider providing transportation for that group may be classified as such.

Cargo

Regardless of the size of your vehicle, the cargo you transport may mean the vehicle qualifies for a CMV designation. According to the FMCSA guidance on 49 CFR Section 385.403, if the vehicle is transporting hazardous material that requires a placard, it is classified as a commercial motor vehicle. Examples of this may include:

  • Certain explosives
  • Radioactive materials
  • Specific quantities of poisonous inhalants
  • Certain compressed or refrigerated gasses

Requirements to Operate a CMV

If a vehicle meets the criteria for a CMV, what does this mean for how it is registered or operated? Understanding this and how it affects your case could make a difference in whether your claim is successful. Depending on the specific qualifications, the vehicle may require a USDOT#. This is often the case at certain weight limits and to transport hazardous material.

Commercial Driver’s License

It may make sense that a heavy vehicle operator would need a commercial driver’s license (CDL) to drive any commercial motor vehicle. However, this is not always the case. The FMCSA explains the following criteria for a CDL. Drivers will need a CDL in any of the following situations:

  • If the driver’s assigned vehicle has a GVWR or GCWR of 26,001 lbs or more, including towed trailers or vehicles
  • If the vehicle is used to transport 16 or more passengers (including the driver), either for compensation or in private instances
  • If the vehicle will be transporting hazardous materials in a volume that requires a placard according to 49 CFR

If a commercial driver is driving a vehicle with additional qualifiers, such as oversized loads, certain hazardous materials, and other types of cargo, they may need to take training for additional endorsements on their license. The employer, logistics company, or vehicle owner often determines this need.

Exceptions to a CDL Requirement

Some exceptions to the CDL requirement apply. This most often relates to drivers with a very specific function, including firefighters and others who drive emergency response vehicles. Additionally, military personnel who drive military vehicles, bus drivers, some farm vehicles, and beekeepers transporting bees seasonally may be exempt.

In most of these cases, the driver is specially trained to drive a specific type of vehicle and is not operating various vehicles with dramatic changes like a long haul trucker may experience.

How Does this Affect My Claim?

If you are managing a personal injury claim following an accident involving a commercial motor vehicle, the CMV designation may or may not affect your claim. It will not often affect the procedure of your case or what evidence is needed. However, one of the primary ways this may impact your case is that it can introduce additional liable parties.

A commercial motor vehicle claim often includes one or more third parties. This may be someone who owns the vehicle, employs the driver, trains the driver, or leases the vehicle for use. This can also mean an employer or company the driver contracts with may hold an additional insurance policy that can provide additional coverage if the driver’s policy is inadequate.

Suppose the CMV driver should have had a commercial driver’s license but did not have one at the time of the accident. This may support your case because you may have evidence of negligence because the driver was illegally operating the vehicle. If you suspect this is the case, you may benefit from speaking with a truck accident attorney.

Involved in a Commercial Vehicle Accident? Get a Free Case Evaluation Today

The Houston truck accident lawyers at The Krist Law Firm, P.C., we operate on a contingency fee basis, meaning you don’t owe us anything until we recover compensation for your injuries. This allows you to rest assured that you aren’t adding stacks of legal bills to your growing pile of concerns without knowing you have the compensation to cover them.

We value our client experience and will fight to recover your maximum compensation. We offer free case consultations to discuss your situation. You don’t have to try to face this alone, so call us today.