393.5 - Definition of a Commercial Motor Vehicle

Please review the following topic and have it added to the CVSA conference enforcement committee discussions agenda Sept. 2015. Discussions on 49 CFR 393.5 definitions of Commercial Motor Vehicle section (b) specific gross vehicle weight “GVW”. When “GVW” was added this caused confusion on the enforcement and industry side of when a commercial driver’s license is needed. When you look in 383.91 for class of license it is explained as a straight vehicle requiring a Class BVCDL (when the gross vehicle weight rating exceeds 26,001 lbs). My question is exactly this; I am operating a straight truck with a Manufacturer Gross Vehicle weight rating of 25,999 lbs. and the vehicle is loaded so it weighs 26,002lbs. Because of the definition this vehicle requires a CDL, but under the class of license states GVWR of 26,001lbs or more which the vehicle is not. I am referred back to the definition when I question local and state enforcement authorities on this but no one can answer me when I provide the information in 383.91. Recently an enforcement officer that cited this exact same violation stated the driver needed a CDL. When I asked him what class he stated class B. I then read him 383.91 and also the state enforcement statute he was from and he then said” class C”. I then read what a class C license is for he then said “Class B, I don’t know then, you should contact the state department of public safety.” This is just one example. The definition of commercial motor vehicle in 383.5 states that you can drive a straight truck with a GVWR of 26,000 lbs. and tow a trailer that has a MGWR of 10,000lbs or under and not need a CDL. So this is 34,000 lbs. gross weight if both units are loaded at that weight and no CDL is needed. I understand CVSA and FMCSA made these changes to help eliminate overweight vehicles but this is not the way to enforce this. The company and subsidiary companies I represent operate approximately 22,000 vehicles nationwide with a large amount of our fleet does not requiring a cdl, specifically vehicles with a GVWR of 25,999 lbs. This is done so CDL drivers are not required to obtain a position with our company. They are trained and operate as a professional driver and meet all the requirements of FMCSA for a Non CDL driver. If the driver is now required to be trained as a CDL driver and obtain a proper class license we then loose a large amount of driver to other industries that have higher pay. Now we are forced to start the cycle over by re training a driver with less experience and the cycle continues. Meanwhile the company receives higher CSA Driver fitness and other CSA violations on their score. The company profile will have a driver who operated without a CDL license under driver fitness and if reviewed will needed to explain why a driver did not have a complete driver qualification file and drug and alcohol requirements met. How can we have a driver test for a CDL license and be trained in the vehicle they operate daily when the vehicle is not manufactured as a “CDL” required vehicle? The state testing facility would not accept the vehicle for a CDL test. Another larger vehicle would be required for training and testing and the driver would not operate that type of vehicle again for employment purposes. Again this does not make sense. Why not require all vehicles with a GVW above 26,001 to have a CDL?? I certainly hope that does not happen but I use that as an example. Again, if by adding gross weight to the definition of 383.5 was to assist in reducing over weight violations why are all carries being punished for this? Bottom line is, if it’s not put down in writing, it does not exist. How then can it be enforced if the regulations are not clear?

High level of Importance: As described above. Change of the definition in 49 CFR 383.5 Definition of Commercial Vehicle. Remove(2) Has a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 pounds or more), whichever is greater; or (REMOVE GROSS VEHICLE WEIGHT)

Review for discussion at CVSA Confernce in September. Change of the definition in 49 CFR 383.5 Definition of Commercial Vehicle. Remove(2) Has a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 pounds or more), whichever is greater; or (REMOVE GROSS VEHICLE WEIGHT)