§383.5 - Definitions  

Guidance Q&A

Question 1:

a.   Does “designed to transport” as used in the definition of a CMV in § 383.5 mean original design or current design when a number of seats are removed?

b.   If all of the seats except the driver’s seat are removed from a vehicle originally designed to transport only passengers to convert it to a cargo-carrying vehicle, does this vehicle meet the definition of a CMV in § 383.5?

Guidance:

a.   “Designed to transport” means the original design. Removal of seats does not change the design capacity of the CMV so long as it still transports passengers.

b.   No, unless this modified vehicle has a GVWR or GVW, whichever is higher, of 26,001 pounds or more, or is used to transport placarded HM. This vehicle shall not transport passengers. Only the driver may occupy this converted vehicle.