State vs Federal Definitions Of A Commercial Motor Vehicle

The words ‘commercial motor vehicle’ (CV or CMV) provoke different images in different minds, though most people tend to think of extremely large vehicles like buses or trucks. While many of these do qualify, even smaller vehicles may also fit the label as well – and, depending on the definition one is using, more vehicles still may qualify. It may seem like hairsplitting, but having a vehicle designated as a CV can make a difference both to commercial drivers and to any victims of crashes.

Comparisons

The relevant federal statute describes CMVs as any vehicle used “on a highway in interstate commerce” to transport passengers (of a certain number, depending whether or not the driver is compensated) or property. It also specifies a gross vehicle weight rating (GVWR) of 10,001 pounds or more, or a single or ‘combination’ vehicle with a GVWR of 26,001 pounds or more. Alternatively, a vehicle of any size can be classified as a CV if it is placarded and carrying hazardous materials.

Florida’s state statute, meanwhile, is similar, but different. The state law defines a CMV as a vehicle not owned or operated by a government, using “special fuel or motor fuel” on the highways, and whether a single or combination vehicle, has a GVWR of at least 26,001 pounds. There is no mention in the statute of any vehicle carrying hazardous materials qualifying, so such vehicles may not be CVs under Florida law.

Why Does It Matter?

One might question why nomenclature matters to the average person, but the simple answer is that CMVs and their owners and operators are held to much higher safety and conduct standards than ordinary drivers. Many transport companies also fall under the label of common carrier, which requires an even more stringent standard of care. If these standards are breached by the actions of a trucking company or their drivers, a plaintiff has a greater chance to recover monetary damages as long as the evidence is present to prove it.

If you have been involved in an accident with a commercial motor vehicle, the odds are that your injuries are quite severe – but with the right legal help, you may be able to seek damages if you believe that negligence played a role. It can feel intimidating to file this kind of lawsuit, but if you truly believe that a CV driver’s negligence caused your injuries, you have the right to seek recompense.

Call A Tampa Commercial Vehicle Accident Attorney

Understanding the classification of vehicles may seem unnecessary, but it can make all the difference in the event of an accident. A Tampa commercial vehicle accident attorney from the Rinaldo Law Group can help to guide you through the legal process if you are in this position – call our office today to schedule a consultation.

Source:

fmcsa.dot.gov/faq/what-difference-between-commercial-motor-vehicle-cmv-and-non-cmv