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CDL - DeRating of Vehicle's MGVWR

Entry DateDecember 23, 2017
Issue Number17-051-DRV
NameTrooper Scott C. Maguire
AgencyMA State Police Commercial Vehicle Enforcement Section
AddressPO Box 9Milbury, Massachusetts, 01527United StatesMap It (opens in a new tab)
Phone5082590875
Email[email protected]
CommitteeDriver-Traffic Enforcement Committee
StatusClosed
Summary of Issue

I would like to receive guidance on how we can properly and uniformly determine who, if anyone, and how an entity or individual may legally re-rate (up or down) the GVWR of a CMV. There are various Federal agencies that all seem to have an opinion on this process, however some of them are presenting conflicting interpretations and guidance.

Justification or Need

My example is this: A 2005 Ford F750 VIN:3FRXF76S05V131509 (Originally made as an incomplete vehicle) certified at 33,000 GVWR is used as a truck with a cargo body for a number of years. This vehicle is sold. A junkyard removes the cargo body, attaches a dump-body and de-rates same to 26,000 GVWR by removing part of the original certification label in the doorjamb and attaching a yellow sticker with new axle weight rating and GVWR. Doing so now makes this same chassis a NON-CDL vehicle. 49CFR 567 seems to prohibit this in two ways. The first is the original sticker must remain. Second, 49CFR 567 fixes the GVWR after the first sale to a consumer. FMCSA seems to think this isn’t a problem as long as the 26,000 pound limit isn’t exceeded. With this logic, could I go buy a yellow sticker on eBay , attach it to a Kenworth T800 3 axle tractor and “de-rate” it to 26,000 lbs. GVWR? The curb weight of same is less than 19,000 lbs. fully fueled. So I could now drive this without a CDL and pull a 10,000 lb trailer? This is a slippery slope. Are there limits? What type of certifications if any, are needed? Engineering Certification? Liability Insurance?

Request for Action

The main reason for this request is for roadside inspectors to have a uniform standard in which to determine when a vehicle requires a CDL and when one does not. Keep in mind that when these vehicles are removed from the CDL requirement, it also removes the Drug/Alcohol testing requirement for the operator. I would ask that FMCSA define GVWR in 390 and 393 as original manufacturer’s weight rating from the factory. We need a uniform set of guidelines for the procedure in which a GVWR may be altered. With multiple agencies providing conflicting information and standards, uniformity of enforcement is impossible.