Commercial Motor Vehicles Are A Special Class

While there is not one specific, overarching definition of what constitutes a commercial motor vehicle (CMV) in the United States, federal and state authorities have all developed their own characterizations and criteria. Florida, for example, has its own definition of ‘CMV,’ just as other states and the federal authorities do. In general, these definitions are similar, but not exact.

Size Matters

One of the criteria that often comes up in determining classification is the size of the vehicle in question. While the total poundage required is different – Florida requires a vehicle either have three or more axles or weigh 26,001 pounds or more, while the Federal Motor Carrier Safety Administration (FMCSA) only mandates 10,001 pounds or more – CMVs are generally much larger than even the biggest passenger cars or pickup trucks.

This can also help to differentiate CMVs from standard work vehicles. For example, a recent Florida law lifted any homeowners’ association (HOA) restrictions on work vehicles being parked in driveways, but while CMVs may count as ‘work vehicles’ for some, they were explicitly excluded from the law. A vehicle that weighs 10,001 pounds or more (at minimum) is far too large and disruptive to park in a residential area.

What Does It Transport?

Another major point that helps to establish a vehicle as a CMV is the question of what it is transporting. If a vehicle is transporting passengers, it may be a CMV – but while Florida’s definition of a CMV does not specify a required number of passengers, the federal definition requires the vehicle be carrying at least 9 people for compensation, or at least 16 if done without compensation. If a vehicle otherwise qualifies but is not carrying so many passengers, it may not qualify.

It is easy to wonder why such hairsplitting is necessary, but legally, it can make all the difference for an injured plaintiff. If a vehicle qualifies as a CMV, its owner is required to carry a certain type and amount of insurance coverage, meaning that the company may have deeper pockets if the plaintiff decides to follow suit. Filing a negligence claim against a private individual in Florida can be difficult simply because many drivers are uninsured – roughly one-quarter, according to recent data.

Contact A Tampa CMV Accident Attorney

Not everyone may have access to the legal definition of what exactly constitutes a commercial motor vehicle, but there are certain factors that may point you toward yes or no. If you have been injured in an accident involving one of these vehicles, a Tampa CMV accident attorney from the Rinaldo Law Group can help you determine whether you have a case. Contact our office today 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