Which Vehicles Qualify As Commercial Motor Vehicles?

Referring to a large commercial truck or bus as a ‘commercial motor vehicle’ (CMV) or ‘commercial vehicle’ is common parlance nowadays, and colloquially, all of them fit this bill. However, there is a specific legal definition of a CMV in both Florida law and federal statutes – and it matters because it can affect the potential consequences for a driver if they cause an accident due to negligence.

Federal vs State Definition

There are significant differences between the federal and state definitions of a commercial motor vehicle, with the biggest being required weight. Federal law requires that a vehicle weigh 10,001 pounds or more, while Florida’s rule requires that a vehicle weigh a whopping 26,001 pounds in order to meet the definition. In addition, Florida’s rules specify that a vehicle must use ‘special’ or motor fuel, while the federal statute does not have this kind of requirement.

In addition, the federal statute grants CMV status to vehicles placarded as carrying hazardous materials, as well as setting a minimum threshold for the number of passengers transported in order to qualify. Florida’s statute does not discuss either of these statuses, instead simply requiring the minimum weight and mandating that the vehicle not be owned or operated by a government entity. The two laws are very different, but a trucker and their employer must be aware of both.

Why Does This Matter?

One might wonder why this distinction makes a difference to the average person. In truth, it generally does not – but to an accident victim, it can very much make a difference to their case. The most important way has to do with the requirements for driving (and insuring) such a vehicle – there is a slightly higher standard of proof in establishing negligence against a professional driver than there is against an ordinary civilian.

For example, a driver must pass certain tests in order to receive a commercial driver’s license (CDL). Being involved in an accident case can, if the driver was negligent, put that license in jeopardy. In addition, commercial vehicles are insured heavily, meaning that there is far less potential for the driver to be uninsured and be unable to meet a jury award if a case goes against them.

Contact A Tampa Commercial Vehicle Accident Attorney

Being involved in an accident with a commercial motor vehicle can change a person’s life, but it is important to have all the facts before filing suit. A Tampa commercial vehicle accident attorney from the Rinaldo Law Group can help to shoulder the legal load while you focus on getting your life back on track. Contact us today to schedule a free consultation.

Source:

federalregister.gov/documents/2001/01/11/01-765/federal-motor-carrier-safety-regulations-definition-of-commercial-motor-vehicle-cmv-requirements-for#:~:text=2832,%20at%202833)%20defined%20a,the%20vehicle%20to%20be%20placarded.