When Do Federal CMV Regulations Apply?

Commercial motor vehicles (CMVs) are involved in many road accidents in Florida, most commonly due to complications from their size and weight. When an accident happens, and an injured plaintiff wants to file suit for negligence, one detail they may overlook is the issue of whether the CMV was engaged in interstate commerce or intrastate commerce. This is an issue that governs whether federal or state CMV regulations should apply, which can make a major difference in your case.

Interstate vs. Intrastate

The federal government’s definition of a commercial motor vehicle differs in two major ways from the definition propagated by the state of Florida – namely, the weight required to qualify, and the type of commerce in which the vehicle is engaged. The state’s regulations hold that only vehicles with a gross weight of 26,001 pounds or more qualify as CMVs, while the Federal Motor Carrier Safety Administration (FMCSA)’s rules only specify a minimum of 10,001 pounds or more; meanwhile, FMCSA regulations explicitly state that only vehicles engaged in interstate commerce qualify as CMVs under federal law. Florida’s law requires a qualifying vehicle be engaged in intrastate commerce only.

That said, keep in mind that a vehicle may be engaging in interstate commerce even if it never leaves the state of Florida; if the contents do, or if they have come from another state or country, they are products in interstate commerce and a CMV must be registered appropriately in order to handle them. This may not be relevant to your case, per se, but depending on the specifics of your situation, you may be able to use the fact of a CMV operating illegally as evidence to argue negligence per se – that is, that the CMV driver and their employer are negligent as a matter of law.

Does Classification Matter?

The reason why determining whether a CMV qualifies as such under federal or state law matters is because commercial vehicles and their drivers are held to certain standards that others may not have to observe. The concept of negligence per se is easier to use against a commercial motor vehicle and its owners and operators than it is against a private individual. In addition, companies that own and operate CMVs are required to carry a certain amount of insurance coverage to use in the event of an accident, as opposed to a private individual, who may be judgment proof.

If you have been involved in an accident with a CMV, it is important to establish whether or not the vehicle was engaging in interstate commerce, and which set of regulations will apply to its actions. These two factors can make a significant difference in your case, and whether or not you receive proper compensation for the harm you have suffered. This is a complex area of law, and the right attorney can be the difference between vindication and denial.

Contact A Tampa CMV Accident Attorney

It can feel very overwhelming to have to focus on what seems like minor details after a potentially catastrophic accident. A Tampa CMV accident attorney from the Rinaldo Law Group can be there to help guide you through the legal process. Call our office today at (813) 831-9999 to schedule a free consultation.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0320/Sections/0320.01.html