What Defines A Commercial Motor Vehicle?
If you are involved in a crash with a large truck or other vehicle carrying cargo, you may assume that it is classified as a commercial motor vehicle (CMV). However, a vehicle that operates as a part of a commercial enterprise will not always have the legal classification of a CMV. This can make a difference in terms of filing suit against the right defendant, as well as the potential repercussions a CMV driver or company may face.
Federal vs State Definitions
The definition of a CMV varies between federal law and Florida state law, though some similarities persist. The federal definition has three criteria: weighing at least 10,001 pounds or more, transporting more than 8 passengers for compensation or 15 passengers for free; or transporting hazardous materials requiring a placard. Florida’s definition, by comparison, requires a heavier weight – 26,001 pounds or more – and has strictures about the type of fuel the vehicle uses on public highways. The state definition applies to vehicles in intrastate commerce (that is, for trips within the state), while the federal definition applies to vehicles moving from state to state.
If a vehicle fits the classification, whether at the federal or state level, this means that both driver and vehicle must comply with all the relevant rules propagated by authorities. This can include everything from required vehicle maintenance to drug testing for CMV drivers to hours of service rules. Vehicles that are not classified as CMVs are not subject to such stringent regulations, and may have less of a duty of care toward other road users, though there is a baseline level of care owed by everyone on the road.
Why Is It So Important?
In the event of a crash, it may feel irrelevant as to whether the vehicle that struck you classifies as a CMV or not. However, the sheer requirements imposed upon CMV drivers and their employers should be enough to insist on the nature of the vehicle being clarified. A CMV driver who operates their vehicle under the influence of alcohol or drugs, for example, may face additional administrative penalties in addition to any criminal penalties resulting from the crash.
One of the most potentially crucial reasons for determining whether a vehicle meets the definition of a CMV is to determine whether the concept of negligence per se applies. Negligence per se is a legal concept that states a person is negligent as a matter of law if they break a law designed to protect a class of people by injuring a member of that class. The classic example is a driver who injures another road user by driving drunk – the laws against drunk driving are meant to protect everyone else on the road, so a driver in this situation would be negligent as a matter of law – the plaintiff would not have to painstakingly prove that.
Call A Tampa CMV Accident Attorney
If you have been in a crash involving a commercial motor vehicle, it can feel far too overwhelming to think about filing suit – but you have the right to try and recover for the harm you have suffered. A Tampa truck accident attorney from the Rinaldo Law Group can help make sense of the complex legal tangle surrounding this type of case. Call us today to schedule a free consultation.
Source:
fmcsa.dot.gov/faq/what-difference-between-commercial-motor-vehicle-cmv-and-non-cmv
