Does a driver leasing company that hires, assigns, trains, and/or supervises drivers for a private or for-hire motor carrier become a motor carrier as defined by 49 CFR 390.5T?

Question 16: Does a driver leasing company that hires, assigns, trains, and/or supervises drivers for a private or for-hire motor carrier become a motor carrier as defined by 49 CFR 390.5T?

Guidance: No.

Does the definition of a ‘‘commercial motor vehicle’’ in § 390.5T of the FMCSRs include parking lot and/or street sweeping vehicles?

Question 15: Does the definition of a ‘‘commercial motor vehicle’’ in § 390.5T of the FMCSRs include parking lot and/or street sweeping vehicles?

Guidance: If the GVWR of a parking lot or street sweeping vehicle is 10,001 or more pounds, and it operates in interstate commerce, it...

To what extent would the windshield and/or mirrors of a vehicle have to be damaged in order for it to be considered ‘‘disabling damage’’ as used in the definition of an accident in § 390.5T?

Question 13: To what extent would the windshield and/or mirrors of a vehicle have to be damaged in order for it to be considered ‘‘disabling damage’’ as used in the definition of an accident in § 390.5T?

Guidance: The decision as to whether damage to a windshield and/or mirrors is...

A CMV becomes stuck in a median or on a shoulder, and has had no contact with another vehicle, a pedestrian, or a fixed object prior to becoming stuck. If a tow truck is used to pull the CMV back onto the traveled portion of the road, would this be consid

Question 12: A CMV becomes stuck in a median or on a shoulder, and has had no contact with another vehicle, a pedestrian, or a fixed object prior to becoming stuck. If a tow truck is used to pull the CMV back onto the traveled portion of the road, would this be considered an accident?

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A company has a truck with a GVWR under 10,001 pounds towing a trailer with a GVWR under 10,001 pounds. However, the GVWR of the truck added to the GVWR of the trailer is greater than 10,001 pounds. Would the company operating this vehicle in interstate c

Question 11: A company has a truck with a GVWR under 10,001 pounds towing a trailer with a GVWR under 10,001 pounds. However, the GVWR of the truck added to the GVWR of the trailer is greater than 10,001 pounds. Would the company operating this vehicle in interstate commerce have to comply with...

Does the FMCSA define for-hire transportation of passengers the same as the former ICC did?

Question 10: Does the FMCSA define for-hire transportation of passengers the same as the former ICC did?

Guidance: To the extent FMCSA’s authority stems from 49 U.S.C. 31502 or other sections of Title 49 which are rooted in the Interstate Commerce Act, the FMCSA is bound by judicial...

Are mobile cranes operating in interstate commerce considered CMVs, and are they subject to the FMCSRs?

*Question 9: Are mobile cranes operating in interstate commerce considered CMVs, and are they subject to the FMCSRs?

Guidance: The definition of CMV encompasses mobile cranes. Unlike the off-road motorized construction equipment discussed in Guidance Questions 7 and 8 above, mobile...

What types of equipment are included in the category of off-road motorized construction equipment?

Question 8: What types of equipment are included in the category of off-road motorized construction equipment?

Guidance: The definition of off-road motorized construction equipment is to be narrowly construed and limited to equipment which, by its design and function is obviously not...

Does off-road motorized construction equipment meet the definitions of "motor vehicle" and "commercial motor vehicle" as used in §§ 383.5 and 390.5T?

Question 7: Does off-road motorized construction equipment meet the definitions of "motor vehicle" and "commercial motor vehicle" as used in §§ 383.5 and 390.5T?

Guidance: No. Off-road motorized construction equipment is outside the scope of these definitions: (1) When operated at...

Is transporting an empty CMV across State lines for purposes of repair and maintenance considered interstate commerce?

Question 6: Is transporting an empty CMV across State lines for purposes of repair and maintenance considered interstate commerce?

Guidance: Yes. The FMCSRs are applicable to drivers and CMVs in interstate commerce which transport property. The property in this situation is the empty...