A commercial motor vehicle (CMV) is one that operates for commercial, or business, purposes. Rather than a driver operating a vehicle for personal reasons, a commercial driver operates a vehicle for business. Commercial vehicles may carry products or passengers. According to the Federal Motor Carrier Safety Administration (FMCSA), a commercial motor vehicle must also meet specific weight requirements. The FMCSA and other organizations have laws in place specifically for CMVs. Here, our personal injury lawyers in San Antonio evaluate what is considered a commercial motor vehicle.
Defining a Commercial Motor Vehicle
Most drivers know that big rigs, or 18-wheeler tractor-trailers, are commercial vehicles. They may not, however, equate smaller trucks and vans with CMVs. Yet even a standard pickup truck towing a trailer could be a commercial vehicle depending on its weight. The general definition of a commercial motor vehicle has several parts under the FMCSA.
- A self-propelled or towed vehicle used to transport goods or passengers, with
- A gross vehicle weight rating or combination weight rating of 26,001 points or more, or
- Seats to transport more than eight passengers for money, or
- Seats to transport more than 15 passengers, not for money, or
- A bed or trailer to transport a large quantity of hazardous material.
Understanding which vehicles receive the commercial motor vehicle designation is important, as it means the owner/operator must comply with specific laws. Driving a vehicle that classifies as a CMV without taking the proper steps could lead to legal trouble. Buses and some vans qualify as commercial motor vehicles, as do large trucks and some tow trucks. Other types of CMVs include garbage trucks, delivery trucks, cement trucks, flatbed trucks and vehicles that transport passengers.
What Is the Difference Between a Commercial Motor Vehicle (CMV) and a Non-CMV?
A commercial motor vehicle is used in commerce, meaning it is hired for business purposes. It is a truck, bus, van or other commercial vehicle that is paid to transport people or property. CMVs may travel intrastate (within one state only) or interstate (between two or more states) as part of a paid job. Non-CMVs, on the other hand, are used for personal – nonbusiness – reasons.
Another difference between a CMV and a non-CMV is the vehicle’s carrying capabilities. A non-CMV is not designed to carry more than 2,000 pounds (one ton) of cargo. A commercial motor vehicle, however, can carry 80,000 pounds or more. This is why it is necessary to have a special license (and higher insurance) to drive a CMV.Â
Types of Commercial Motor Vehicles
Commercial motor vehicles have been designed for different business purposes. A CMV designed for transporting passengers, for instance, will be different from one made for transporting cargo or goods. Each type of CMV has a unique set of regulatory requirements under the FMCSA.Â
CMV types you might see in Texas include:
- Semi-trucks, tractor-trailers or 18-wheelers
- Flatbed (open bed) trucks
- Box trucks
- Refrigerated trucks
- Utility trucks
- Tankers
- Garbage trucks
- Tow trucks
- Firetrucks or ambulances
- Buses and school buses
- Large vansÂ
- Delivery vans
Examples of non-CMVs are passenger vehicles, minivans, SUVs, motorcycles and recreational vehicles. Differentiating a CMV from a non-CMV is important, as this will determine the set of laws the vehicle’s driver was required to obey at the time of a motor vehicle accident. It will also affect the insurance coverage available to pay for a crash. A car accident lawyer in San Antonio is here to help you.
Commercial Driver’s License Requirements
Most commercial motor vehicles require matching commercial driver’s licenses to lawfully operate them. A commercial driver’s license (CDL) is a special class of license a driver can obtain after certain tests and training. Drivers must pass knowledge (written) and skills (driving) tests to obtain CDLs in Texas. The skills test must involve a commercial vehicle similar to the one the driver plans on operating. Holding a commercial driver’s license comes with unique rules and regulations for drivers.
- May only drive an approved CMV depending on the class of the license
- Intrastate vs. interstate commerce depending on the license
- Hours of service regulations
- Legal blood alcohol concentration limit of 0.04%
- Required endorsements for certain DMVs and/or cargo
- Medical certification requirement
Some commercial motor vehicles do not require CDLs under Texas law. For example, the state Department of Public Safety does not require a commercial driver’s license to operate military vehicles, farm vehicles, fire trucks, emergency vehicles, air-carrier owned vehicles or recreational vehicles the owner only drives for personal use. The state will instead require a Class A or Class B noncommercial license depending on the vehicle.
Breaching CMV Requirements
Commercial motor vehicles come with a greater number of regulations than standard vehicles. CMVs must uphold federal laws under the FMCSA, as well as special state laws in Texas. Operators must purchase special commercial vehicle insurance, for example. CMVs must fall under a certain weight or else move into a different class. A commercial vehicle owner needs to realize he or she has a CMV. Otherwise, the driver could accidentally break a rule and face legal repercussions, such as driver’s license suspension or fines.
If a commercial vehicle owner or operator breaches any state or federal rules, he or she could be guilty of negligence. Breaking CMV regulations could cause an accident. In this case, the negligent party could be liable for damages. The driver or vehicle owner may have to pay fines from the Department of Transportation, as well as reimburse the victim for economic and noneconomic damages. Liability for a commercial vehicle accident could go to the driver, the vehicle owner or the company. Make sure to contact a truck accident lawyer in San Antonio.
What Are CMV Exceptions?
The FMCSA has some exceptions, or instances where its laws do not apply to commercial motor vehicles. One exemption is if a commercial vehicle is being used to transport personal property outside of business purposes. If a CMV is used to transport goods, vehicles or animals without pay, most CMV rules will not apply. However, hours of service and electronic logging device regulations will still be in effect.
If a commercial motor vehicle is used strictly for nonbusiness purposes, federal law does not require a commercial driver’s license for the operator. However, a CDL may still be a requirement of the driver’s home state. In Texas, a CDL is not required if the vehicle is beneath certain weight restrictions or is a particular type of vehicle.
If a traffic accident occurs while a CMV is being operated for nonbusiness purposes, federal laws under the FMCSA may not apply to the case. The status of the truck and the purpose of the drive will need to be established to determine which laws, rules and regulations applied to the driver at the time. If it is discovered that the vehicle was a CMV exception, the driver could avoid liability based on an alleged legal violation.
Learn More About Commercial Motor Vehicle Accidents in Texas
If you or a loved one has been involved in an accident with a large truck, bus or another type of commercial motor vehicle in Texas, contact Hill Law Firm Accident & Injury Lawyers for a free case review. We can help you understand which state and federal laws will apply to your case based on the circumstances.