Understanding commercial vehicle delivery requirements

From an NTEA member As an upfitter that occasionally drives vehicles to the customer after completion, what requirements apply to us when our employees deliver the vehicles? Also, do our drivers need a commercial driver’s license (CDL)? First, you must determine if the vehicles your employees are delivering are considered commercial motor vehicles (CMVs) for general purposes and if they’ll be traveling across state lines. Then, if the vehicles are classified as CMVs for CDL purposes, your drivers will need to have a CDL. You’ll also need to be aware of federal and state rules that may apply to your operations, as well as any local requirements. This article addresses federal CMV, CDL and other motor carrier requirements, but it’s important to know your own state and local regulations in case there are equivalent or even more restrictive requirements for state-funded roadways. Note, federal motor carrier requirements apply to the federal aid designated highways (i.e., national network) across the country, which are funded each year by the federal government. Those funds are given to each state to maintain and improve the sections of road that fall under their respective jurisdiction. Conversely, other roads that lie within a given state and are funded by the state’s own taxes are subject to that state’s rules. This would include their own CMV, CDL and motor carrier requirements if they choose to elect different rules than the Federal Motor Carrier Safety Regulations (FMCSR). Basically, the rules follow the money. Thus, there are a number of CMV requirements to consider prior to addressing any CDL requirements. A CMV under FMCSR 49 CFR Part 390.5T means “any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle – Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or Is designed or used to transport more than 8 passengers (including the driver) for compensation; or Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C.” The gross vehicle weight rating (GVWR) and configuration of the vehicle are primary factors in determining if the vehicles being driven by your employees will be considered CMVs, but notice that the definition of a CMV includes the term “interstate commerce.” Interstate commerce (also defined in 49 CFR Part 390.5T) means “trade, traffic, or transportation in the United States Between a place in a State and a place outside of such State (including a place outside of the United States); Between two places in a State through another State or a place outside of the United States; or Between two places in a State as part of trade, traffic, or transportation originating or terminating outside the State or the United States.” This is where the destination of the vehicle being delivered becomes important. If delivering a vehicle to your customer fits the description of a CMV as defined in 49 CFR 390.5T, for a “…motor vehicle used on a highway in interstate commerce to transport passengers or property…”, the property being the customer’s vehicle, then your business now qualifies as a “private motor carrier.” An additional definition from 49 CFR Part 390.5T for a private motor carrier “means a person who provides transportation of property or passengers, by commercial motor vehicle, and is not a for-hire motor carrier.” Prior to operating as a motor carrier, you are required to file a Motor Carrier Identification Report (form MCS-150) in accordance with 49 CFR Part 390.19T as part of the registration process with the Federal Motor Carrier Safety Administration (FMCSA). The FMCSA will issue you a motor carrier ID number which will need to be displayed as part of the marking requirements for the CMVs your employees are operating. The marking requirements for CMVs are contained in 49 CFR Part 390.21T. A beneficial provision is that the marking requirements allow the use of a “removable device,” like magnetic signs, to “…display the legal name or a single trade name of the motor carrier and the motor carrier’s USDOT number” on “…both sides or at the rear of a single driven vehicle” being operated in driveaway services. Another relevant definition from 49 CFR Part 390.5T is driveaway-towaway operation, which “means an operation in which an empty or unladen motor vehicle with one or more sets of wheels on the surface of the roadway is being transported_ Between vehicle manufacturer’s facilities; Between a vehicle manufacturer and a dealership or purchaser; Between a dealership, or other entity selling or leasing the vehicle, and a purchaser or lessee; To a motor carrier’s terminal or repair facility for the repair of disabling damage (as defined in this section) following a crash; or To a motor carrier’s terminal or repair facility for repairs associated with the failure of a vehicle component or system; or By means of a saddle-mount or tow-bar.” Prior to considering CDL requirements, but given that you would be operating as a private motor carrier in driveaway-towaway operations, your drivers would be subject to the qualifications requirements under 49 CFR Part 391, including medical qualifications, as well as the hours of service requirements (i.e., log books) under Part 395. However, there may be some exceptions that apply to your business under these requirements. There are also requirements for the vehicles themselves contained in 49 CFR Part 393-Parts and Accessories Necessary for Safe Operation. Most of the parts and accessories, such as lighting, are already required under the Federal Motor Vehicle Safety Standards (FMVSS), but CMVs have additional equipment that is not prescribed under the FMVSS regulations. One such component for straight trucks is rear end protection as described in 49 CFR part 393.86. Also, 49 CFR Part 393 Subpart H spells out the requirements for emergency equipment that must be kept on-board the vehicle, such as a fire extinguisher, spare fuses and warning devices for stopped vehicles. Now that we have reviewed regulations applicable to vehicles that have been determined to be CMVs and the corresponding motor carrier and driver’s requirements, the next step would be to determine if the vehicles being delivered by your drivers also meet the definition of CMVs for CDL purposes. The need for a CDL will depend on the GVWR of the vehicles being driven, their configuration and applicable requirements of the state where your business is located. CDL, as defined in the Federal Motor Carrier Safety Regulations, 49 Code of Federal Regulations (CFR) Part 383.5, means “a license issued to an individual by a State or other jurisdiction of domicile, in accordance with the standards contained in this part, which authorizes the individual to operate a class of a commercial motor vehicle.” A CMV, for CDL purposes, is also defined in 49 CFR Part 383.5, and it means “a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle is a Combination Vehicle (Group A)—having a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater; or Heavy Straight Vehicle (Group B)—having a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 pounds or more), whichever is greater; or Small Vehicle (Group C) that does not meet Group A or B requirements but that either— Is designed to transport 16 or more passengers, including the driver; or Is of any size and is used in the transportation of hazardous materials as defined in this section.” Again, the term “commerce” appears as part of the CMV definition, and under Part 383.5 which means_ “Any trade, traffic, or transportation within the jurisdiction of the United States between a place in a State and a place outside of such State, including a place outside of the United States; or Trade, traffic, and transportation in the United States that affects any trade, traffic, and transportation described in paragraph (1) of this definition.” One of the differences between the definition of CMV for CDL and for general purposes is that the GVWR and the gross combination weight limits increase to 26,001 pounds and above for CDL purposes under these federal regulations. Again, you will need to check for any additional state or local requirements or restrictions that may apply. Whatever becomes the broader and/or most restrictive regulation for your situation, if your drivers are delivering vehicles designated as CMVs for purposes of CDL, they will need to have CDLs to operate them. Quite possibly, drug and alcohol testing could be required as well. Drug and alcohol testing requirements under 49 CFR Part 382 go hand-in-hand with the CDL requirements of Part 383. If your state requires a CDL for CMV operation of a lower GVWR than 26,001 pounds, you will need to determine what, if any, drug and alcohol testing requirements exist under the state’s regulations. To recap, if you’re delivering a vehicle that fits the description of a CMV, and you are taking part in interstate commerce by delivering it in driveaway-towaway operations, then you have requirements to fulfill as a private motor carrier. Also, the CMVs you are delivering will need to be marked accordingly as CMVs and have the required parts and accessories, as well as emergency equipment, available on-board. Your drivers must meet qualification requirements and comply with the hours of service. If in addition to this, you are delivering a vehicle that would be considered a CMV for CDL purposes, under the federal definition or by that of your state or local government, and thus you are taking part in commerce by delivering it, your drivers need to have a CDL and most likely undergo drug and alcohol testing. If the vehicles are over 26,000 pounds, then the drug and alcohol testing is mandatory due to the federal regulations. Once again, your particular state and/or local government may have requirements over and above the federal requirements for roads under the control of the state or locality you may be using to deliver your customer vehicles. Now you know why there are companies that will transport or drive commercial motor vehicles for you to your customers. But, even if you have another company handle the transportation of the CMVs you’re producing for your customers, you will still want to ensure the vehicles have all the required parts and accessories necessary for safe operation, as your customers will rely on you to provide them. This can give you an opportunity to provide the emergency equipment required under 49 CFR Part 393 Subpart H as part of your services.

Understanding commercial vehicle delivery requirements

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