Question:I found your last article on hand held cell phone restrictions for Commercial Motor Vehicle (CMV) drivers to be very informative.

By | Posted January 18th, 2012 |

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I had been looking for the State Statue that adopted the Federal Ruling so that was helpful to read that.My question to you that I am having difficulty finding an answer to is: What is the State’s definition for a CMV? Is it a vehicle with a GVWR above 26,000# or is it a vehicle with a GVWR above 10,000#, which I assume would include any trailer that the vehicle is towing.

Answer: You are correct on both of those. Minnesota State Statute (MSS) has adopted the Federal Regulations. The definition of a CMV under 390.5 is “any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle:

1) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 10,001 pounds or more, whichever is greater; or

2) Is designed or used to transport more than 8 passengers (including the driver) for compensation; or

3) Is designed or used to transport more than 15 passenger (including the driver), and is not used transport passengers for compensation; or

4) 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.

Minnesota has adopted the Federal Regulations under MSS 221 chapter. This is where that not only Interstate but Intrastate (Minnesota travel only) motor carriers must comply with the federal regulations incorporated in this section. You mention assuming this would apply to “any trailer that a vehicle is towing”. Let me give an example of a 3/4 ton pickup pulling a trailer for commerce, depending on the load, it might be very close. I hope this helps explain the definition of a CMV.

If you have any questions concerning traffic related laws or issues in Minnesota send your questions to Trp. Jesse Grabow – Minnesota State Patrol at 1000 Highway 10 West, Detroit Lakes, MN 56501-2205. (Or reach him at, jesse.grabow@state.mn.us)

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