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*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...
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...
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...
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...
Question 5: A driver used by a motor carrier operates a CMV to and from his/her residence out of State. Is this considered interstate commerce?
Guidance: If the driver is operating a CMV at the direction of the motor carrier, it is considered interstate commerce and is subject to the...
Question 4: If a vehicle with a manufacturer’s GVWR of less than 10,001 pounds has been structurally modified to carry a heavier load, may an enforcement officer use the higher actual gross weight of the vehicle, instead of the GVWR, to determine the applicability of the FMCSRs?
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Question 3: If a vehicle’s GVWR plate and/or VIN number are missing but its actual gross weight is 10,001 pounds or more, may an enforcement officer use the latter instead of GVWR to determine the applicability of the FMCSRs?
Guidance: Yes. A vehicle is a “commercial motor vehicle”...
Is a vehicle used to transport or tow anhydrous ammonia nurse tank considered a CMV and subject to FMCSRs?
Guidance: Yes, provided the vehicle is not an off-road vehicle, its GVWR or GCWR meets or exceeds that of a CMV as defined in § 390.5, and/or the vehicle transports HM in a...
Question 1: Do the definitions of "farm", "farmer" and "agricultural crops" apply to greenhouse operations?
Guidance: FMCSA published an NPRM to clarify the meaning of “agricultural commodity” in § 395.1(k) [84 FR 36559, July 29, 2019]. This question will be addressed in that...
Section 390.3T(f)(5) provides an exemption from the FMCSRs for the operation of fire trucks and rescue vehicles while such vehicles are being used in emergency and related operations. What is meant by the phrase “fire trucks and rescue vehicles?
Guidance: For the purposes of § 390.3T(f...