WHAT IS A COMMERCIAL VEHICLE?

What is Considered a Commercial Vehicle

The Federal Motor Carrier Safety Regulations define a “commercial motor vehicle” as any self-propelled or towed motor vehicle in interstate commerce to transport passengers or property when the vehicle:

1. The vehicle must be in interstate commerce

The Regulations define “interstate commerce” as involving 3 situations: 

• When the vehicle is driving between a place in a state and a place outside the state; for example, a bus from Los Angeles, CA to Las Vegas, NV.

• Between two places within a state through another state: for example, the vehicle is driving from Galesburg, IL to Galena, IL but on the way, you pass through Iowa.

• Between two places in a state as part of trade, traffic, or transportation originating outside the State or the United States: a truck drives a load from New York, NY to Ithaca, NY that is after delivery in Ithaca will be taken to Vermont, NH. 

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Essentially, for the Federal Regulations to apply the vehicles must be involved in the business of multiple states. 

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   2. To transport Passengers or property

The commercial motor vehicle can either be involved in transferring persons or property. Some examples to consider include:

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• A commercial bus carrying more than 8 people. 

• A 14 passenger van 

• An eighteen-wheeler

• A tractor-trailer

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If the vehicle is in interstate commerce and is transporting either passengers or property, it may be a commercial vehicle. However, the FMCSRs require that:

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• has a gross vehicle weight of 10,001

• is designed to or used to transport more than 8 passengers including the driver for compensation

• is designed or used to transport more than 15 passengers including the driver and is not used to transport passengers for compensation OR

• is used in transporting certain hazardous materials 

This means that a consumer pick-up truck carrying a bed full of plywood that weighs 9,000 pounds will not qualify even if it drives from California to Louisiana. Alternatively, a pickup truck could qualify if it is carrying certain hazardous materials. An Uber carrying a 10 player soccer team from Tuscaloosa, AL to Columbus, MI may also qualify. A wide variety of vehicles can be considered commercial motor vehicles under the regulations. 

Potential Commercial Vehicle Exclusions

Additionally, the FMCSR sometimes excludes certain vehicles from the regulations. For example, Section 390.3 excludes school buses, transportation performed by the government, personal transportation not for profit, corpses, fire and emergency rescue vehicles, and emergency-related operations. 

The Federal Motor Carrier Safety Administration has determined that certain off-road motorized vehicles do not count as “motor vehicles” or “commercial motor vehicles” under the regulations. An off-road motorized vehicle is by design and function not intended for transportation purposes. Examples include vehicles like backhoes, graders, and bulldozers. These vehicles are not “commercial motor vehicles” for the regulations when operated at construction sites or on a public road not in the furtherance of a transportation purpose.