Question 1: What is a commercial motor vehicle?

Guidance: The general definition for a commercial motor vehicle is contained in Part 390 of the Federal Motor Carrier Safety Regulations (FMCSR) for vehicles operating in interstate commerce and in the Michigan Motor Carrier Safety Act of 1963, Act 181 of 1963 for vehicles operating in Michigan intrastate commerce. The definition applies to both private and for-hire carriage.

With the focus on trucking and the transportation of a commodity, a commercial motor vehicle operating in interstate or Michigan intrastate commerce is:

• Any single vehicle having a gross vehicle weight rating or an actual loaded weight of 10,001 pounds or more, or
• A combination vehicle (a power unit towing another vehicle or trailer) having a gross combination weight rating (rating of towing and towed unit/s added together) or actual combined loaded weight of 10,001 pounds or more, or
• Any sized vehicle used to transport hazardous material in amounts which would require the vehicle to be placarded

Guidance: Section 405 of the Surface Transportation Assistance Act of 1982 (STAA) (49 USC 31105) states, in part, that no person shall discharge, discipline or in any manner discriminate against an employee with respect to the employee's compensation, terms, conditions or privileges of employment for refusing to operate a vehicle when such operation constitutes a violation of any federal rule, regulation, standard or order applicable to CMV safety. In such a case, a driver may submit a signed complaint to the Occupational Safety and Health Administration.

Guidance: No. The term "employee", as defined in the Federal Motor Carrier Safety Regulations 390.5, specifically includes an independent contractor employed by a motor carrier. The existence of operating authority has no bearing upon the issue. The motor carrier is, therefore, responsible for compliance with the regulations by its driver employees, including those who are owner-operators.

Guidance: The FMCSR, 390.5, defines a public road as "any road under the jurisdiction of a public agency and open to public travel or any road on private property that is open to public travel".

Guidance: The Michigan Motor Carrier Safety Act of 1963 adopts federal safety regulations for Michigan intrastate operations. The act does provide limited exemptions from federal regulations for certain industries and drivers operating in intrastate commerce.

Guidance: Operating authority [in a sense] is "permission" granted by a state or the federal government to motor carriers, allowing the carriers to operate as a for-hire carrier of freight or passengers in intrastate or interstate commerce, respectively. To obtain the required operating authority, the motor carrier must apply to the appropriate governing agency. For further information concerning Michigan intrastate or interstate operating authority and the application process, contact the Michigan Public Service Commission at (517) 241-6025

Guidance: "Gross vehicle weight rating" or "GVWR" means the value specified by the manufacturer as the loaded weight of a single vehicle. "Gross combination weight rating" or "GCWR" means the value specified by the manufacturer as the loaded weight of a combination vehicle. In the absence of a value specified by the manufacturer, GCWR will be determined by adding the GVWR of the power unit and the total weight of the towed unit and any load on that unit.

Guidance: "Gross weight" means the weight of a vehicle without a load plus the weight of any load thereon.

Question 9: Is it a violation if the actual loaded weight of a commercial motor vehicle or combination of vehicles exceeds the GVWR or GCWR specified by the manufacturer?

Guidance: No, as long as the allowable load limits established by federal, state or local jurisdictions have not been exceeded.