Is Your Pickup Truck A Commercial Motor Vehicle?

By Sandra Brakstad, President of Midwest Compliance Inc.,
Sauk Rapids Minnesota
800-656-1396
http://www.midwestcompliance.com/

In order to understand how and when some of your company’s smaller vehicles suddenly become commercial motor vehicles, which would place them and the drivers under DOT regulations, consider the following:

Commerce involves anything that is the furtherance of business, such as hauling supplies and tools to and from a worksite, dropping off workers, or just visiting a worksite during the course of business. Even if you are not hauling freight for someone else, you can still be considered a private motor carrier.

The weight of the pickup truck, the load, and trailer are included in the 10,001 pounds or greater threshold of the general commercial motor vehicle definition found in FMCSR, Part 390.5 (a Gross Vehicle Weight Rating (GVWR) or Gross Combination Weight Rating (GCWR) is 10,001 pounds or greater).

Also, any size vehicle (no matter how small) hauling hazardous materials in quantities requiring placards is defined as a commercial motor vehicle. An intrastate operation may be subject to a different CMV definition and safety regulations, depending upon the state. In Minnesota the rule is stated; “over 10,000 pounds.”

Even if the trailer is only a small utility trailer, if it places you at the 10,001 pounds or greater combination weight rating you are now operating a CMV. If the vehicle only meets the definition when pulling a trailer, you would only be concerned about observance of the safety regulations on those days it meets the definition.

When you find your pickup meets this CMV definition, whoever drives this vehicle must be completely qualified under Part 391, including a copy of the medical certificate on the person of the driver when operating the truck.

The driver must comply with hours-of-service regulations Even if he/she is within the 100-air mile radius and utilizes the 100-air mile radius exception, you will need to make sure that the driver does not exceed the 12 consecutive hours on duty, does not drive more than 11 of those 12 hours, and has at least 10 hours off between tours of duty. In addition, you will need to make sure that the driver, even if he/she does not operate the vehicle every day, is able to drive based on the 60- or 70-hour rule. (Either 7 days prior logs, plus the current day; or a Statement of On-Duty Hours.) If the driver cannot meet the conditions set forth in Part 395.1(e), the driver would have to complete a driver’s log for the day the vehicle is used as a CMV.

The pickup truck is also subject to vehicle inspection and maintenance. On those days that the vehicle meets the definition of a CMV, the driver must conduct a pre-trip inspection per Parts 396.13 and 392.7 and be satisfied that the truck is in safe operating condition. The driver must also document a post-trip inspection in accordance with Part 396.11. The next time the pickup truck is used this report must be maintained and reviewed prior to operation, even if days, weeks or a month elapses before the pickup truck is used as a CMV.

The pickups may have to stop at roadside inspection stations, and they must have annual inspections and display the required USDOT markings on those days they are defined as CMVs.

*Note: An intrastate operation may differ. Example: Minnesota intrastate regulations require that all CMVs have a USDOT number, but they need not display that number on the vehicle. We recommend that the USDOT number is carried inside the vehicle so that it may be made available to any enforcement personnel. Also, In Minnesota if a CMV has a GVWR of less than 26,000 pounds, an annual DOT vehicle inspection is not required.

A final note: any size vehicle hauling hazmat in quantities requiring placards would fall under CDL licensing requirements and DOT drug and alcohol testing, regardless of the vehicles GWR or GCWR. This would be true of both interstate and intrastate operations.

See you next month, until then take it one load at a time!

Sandra Brakstad
http://www.midwestcompliance.com/
800-656-1396