What Exactly Is A Commercial Motor Vehicle?
If a person hears an accident report, they may hear the term “commercial motor vehicle” (CMV) being used if one was involved. This is a very vague term, and it applies to many different types of vehicles, but not every vehicle on the road qualifies under state or federal law. The distinction matters because of the types of insurance that these carriers must have, and in some cases, it can affect the way a personal injury case is handled.
Federal Definition
The federal definition of a CMV is contained in the regulations of the Federal Motor Carrier Safety Administration (FMCSA), and it lists specific criteria that a CMV should have, though it need not have all of them. For example, under this definition, any vehicle that transports materials hazardous enough to require a placard qualifies as a CMV, even though it may not have sufficient weight to qualify if it was hauling something else.
This can be somewhat counterintuitive for the average person to understand, because the plain meaning of a “commercial motor vehicle” would simply be a vehicle that carries goods or passengers for a fee – but at least under federal law, more criteria are necessary in order to fit into that class of vehicle. The reason it may matter is because federal law requires commercial motor vehicles and their operating companies to carry a certain amount of insurance coverage to deal with accident cases.
Florida Definition
The Florida definition of a commercial motor vehicle encompasses fewer vehicles than the federal definition, mostly because all three specified criteria must apply in order for a vehicle to qualify as a CMV. A CMV in Florida must weigh at least 26,001 pounds or have three or more axles, regardless of weight. It also must not be owned or operated by a governmental entity, and use “special or motor fuel” on public highways.
It can sometimes be difficult to determine which definition should apply, but in general, the extent of the CMV’s business will make a difference. If the CMV is solely engaged in commerce within Florida, the Florida definition will apply; if the CMV is used in interstate commerce, it is more likely that the federal definition will control. Either way, it is generally a good idea to enlist a knowledgeable attorney to help clarify matters.
Contact A Tampa Commercial Motor Vehicle Accident Attorney
If you have been involved in a CMV crash, you need dedicated and knowledgeable legal representation. A Tampa commercial motor vehicle accident attorney from the Rinaldo Law Group can help. Call our office today to schedule a free consultation.
Source:
fmcsa.dot.gov/faq/what-difference-between-commercial-motor-vehicle-cmv-and-non-cmv
