What is a Commercial Motor Vehicle?
" I'm not a trucking company"
"I have never been stopped before" (It only takes once...)
You may not be a trucking company as the pubic thinks of trucking companies. But the Federal Motor Carrier Safety Administration (FMCSA) regulates EVERY vehicle with a gross vehicle weight rating (GVWR) OR actual weight greater than 10,001 lbs in interstate commerce. There are companies that think the Federal Motor Carrier Safety Administration Regulations (FMCSR) do not apply to them because they are "not a trucking company".
If you are in business to make money and you operate a 3/4 ton pickup with a gross vehicle weight rating (GVWR) or actual weight is more than 10,001 pounds, you are a motor carrier and nearly all of the FMCSA regulations apply to your company.
Companies that have one employee or are a Mom and Pop operation with a vehicle or combination of vehicles with a GVWR/GVCWR greater that 10,001 pounds MUST follow the rules.
Types of companies who have attended our seminar or who have utilized our consulting services include
Convenience stores (Fuel Haulers)
Oil Companies that carry fuels
Bark and Mulch company
Retail store that builds their own interiors
Ditch digger and boring companies
Private bus companies
Oil field service companies
For-hire carriers from 2 trucks to 350 trucks
Farm supply carriers
Linemen and power line construction
Road and bridge builders
Trade Show exhibitors
Welding supply distributors
Bottled gas carriers
Tow truck operators
Rural Electric Coops
Oil field chemicals
Electrical fixture sales
Water Well drillers
Portable Building movers
Manufactured housing movers
Oil field construction
Manufactures of specialized material
Construction equipment sales
Farm equipment sales
Dirt and rock works
Brick sales wholesale and retail
Trailer sales companies
Cotton hull hauler
Oil well service company
Fence building company
Farm supply store (greater than 150 miles from source)
Lawn mowing service
Communication company repairing or erecting towers etc.
Drilling company (drills piers)
Portable building retailer
Rock and gravel sales yard
Hay company that moves it's own hay (greater than 150 miles from source)
Manufacturer transporting their product
Livestock haulers (Greater than 150 miles from source)
Newspaper company carrying their products
Disaster clean up company
Septic system repair or maintenance
Coast to Coast for-hire carriers
BOTTOM LINE- IF YOUR ARE DRIVING A VEHICLE INTERSTATE WITH A GVWR OR GCVWR OR ACTUAL WEIGHT OVER 10,001 POUNDS IN THE FURTHERANCE OF YOUR BUSINESS, YOU ARE A MOTOR CARRIER, A PRIVATE MOTOR CARRIER, AND THE FMCSA REGULATIONS APPLY.
If you are carrying a hammer and a box of drywall nails and driving to a job, you are a CMV if your GVWR is greater than 10,001 pounds. Most 3/4 ton vehicles are close to or are over 10,001 GVWR . All one tons fall under the regulations.
SOME STATES DID NOT ADOPT THE REGULATIONS AS WRITTEN IN THE FMCSR'S. IN TEXAS, NEW MEXICO, OKLAHOMA, LOUISIANA AND SEVERAL OTHER STATES WHILE IN INTRASTATE TRAVEL YOU ARE A CMV AT 26,001 POUNDS GVWR. BUT WHEN YOU ARE HEADED OUT OF ONE OF THOSE STATES YOU ARE IN INTERSTATE COMMERCE AND THE REGULATIONS ARE ENFORCED AT 10,001 POUNDS GVWR.
Most states adopted the FMCSA's as written. A very few states take exceptions to the FMCSR's as allowed by the FMCSA in 49CFR part 350. States are allowed to define a CMV in Intrastate Commerce as a vehicle that has a GVWR up to 26,001 pounds. Another exception is to allow a state to alter the HOS rules. Very few states use these HOS exceptions and most follow the FMCSA regulations as written.
DID YOU KNOW?
Did you know every company that uses CDL Drivers must have a Drug and Alcohol program in place?
Did you know that these companies must be enrolled in a random drug and alcohol testing program?
Believe it or not those two questions are ignored and companies are fined for not properly implementing and maintaining a drug and alcohol program.
I have heard it many times, " It is just me and my son, we do not use drugs." Or "It is just the three of us and we do not use drugs or alcohol." Mom and Pop operations must follow the same rules that apply to a company with 500 trucks that operates for hire. There is no difference between the two companies in the eyes of FMCSA.
Did you know that it is easy for a compliance review officer to find false log book entries? In fact, the auditor will find about 90 percent of all false logs if they exist. Log book mistakes are a huge item that most often lead to big fines during an audit.
Did you know that there are at least 6 items in a driver qualification file? I say at least because of different factors dictate more items at times. If you leave some of these out of the file, it could and has lead to a fine.
Do you know when a DVIR is required? I have found a lot of companies did not know the answer to that question. And 95 percent of the companies I have contact with do not know how to properly complete a DVIR.
Did you know there are basically two parts of maintenance that are required to be kept? Not having a preventative maintenance program will lead to all kinds of trouble. Do you know what is required in a maintenance file?
Did you know many calls to STEVE TALKINGTON CONSULTING come from trucking companies or private carriers that have just had a compliance review and they received a conditional rating? A conditional rating can cause your insurance to double in cost or can cause an insurance company to drop you like a hot rock. A lot of times it is money well spent to hire a consultant to come in and show you where you may be lacking and make sure you get a satisfactory rating first time around.
I have customers that I picked up AFTER A COMPLIANCE REVIEW that had unsatisfactory and conditional ratings and had paid fines of $18,000, $24,000, $9,300, $13,000, $8,200, $1,500. Don't let your company be fined - hire a consultant BEFORE the review!