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...

A driver used by a motor carrier operates a CMV to and from his/her residence out of State. Is this considered interstate commerce?

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...

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

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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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?

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 an anhydrous ammonia nurse tank considered a CMV and subject to FMCSRs?

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...

A driver of a commercial motor vehicle (CMV) is changing lanes. A passenger car driver near the CMV loses control, leaves the roadway, and is involved in an accident. The passenger car must be towed. Is the CMV considered to be “involved” under the defini

A driver of a commercial motor vehicle (CMV) is changing lanes. A passenger car driver near the CMV loses control, leaves the roadway, and is involved in an accident. The passenger car must be towed. Is the CMV considered to be “involved” under the definition of “accident” in § 390.5T?...

A person is transported to a hospital from the scene of a commercial motor vehicle traffic accident.

FMCSA-RG-390.5T-FAQ027

Question 27: A person is transported to a hospital from the scene of a...

Are crashes involving motorists striking attenuator trucks while the impact attenuators or crash cushions are deployed included within the definition of ‘‘accident’’ with regard to the motor carrier responsible for the operation of the attenuator truck?

Are crashes involving motorists striking attenuator trucks while the impact attenuators or crash cushions are deployed included within the definition of ‘‘accident’’ with regard to the motor carrier responsible for the operation of the attenuator truck?

Guidance: No. Attenuator trucks...

What is considered a ‘‘public road?”

What is considered a ‘‘public road?”

Guidance: The term “public road” has the same meaning as “highway” in § 390.5T.