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

Propane carriers

Landscapers

Bark and Mulch company

Retail store that builds their own interiors

Ditch digger and boring companies

Water 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

Construction companies

Industrial services

Builders

Road and bridge builders

Trade Show exhibitors

Disposal services

Welding supply distributors

Bottled gas carriers

Oil companies

Environmental services

Tow truck operators

Rural Electric Coops

Wireline services

Drilling fluids

Oil field chemicals

Concrete Companies

Concrete contractors

Electrical fixture sales

Water Well drillers

Portable Building movers

Manufactured housing movers

Oil field construction

Pipeline welding

Pipeline companies

Sign companies

HVAC companies

Manufactures of specialized material

Wholesale lumber

Construction equipment sales

Farm equipment sales

Insurance companies

Dirt and rock works

Brick sales wholesale and retail

Dairies

Irrigators

Roofing companies

Trailer sales companies

Weed controller

Cotton hull hauler 

Oil well service company

Drywall company

Herbicide applicator

Fence building company

Farm supply store (greater than 150 miles from source)

Lawn mowing service

Communication company repairing or erecting towers etc.

Electrician

Plumber

Drilling company (drills piers)

Cosmetic business

Water hauler

Portable building retailer

Rock and gravel sales yard

Millwrights

Welders

Hay company that moves it's own hay (greater than 150 miles from source)

House framer

Roofer

Manufacturer transporting their product

Food truck

Loggers

Grocery delivery

Livestock haulers (Greater than 150 miles from source)

Newspaper company carrying their products

Demolitions companies

Disaster clean up company

Retailer

Wholesaler

Septic system repair or maintenance

Foundation companies

Lumber Yards

 

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.  

 

https://ask.fmcsa.dot.gov/app/answers/detail/a_id/104

 

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!