Question 1: What is a commercial motor vehicle?

Guidance: The general definition for a commercial motor vehicle is contained in Part 390 of the Federal Motor Carrier Safety Regulations (FMCSR) for vehicles operating in interstate commerce and in the Michigan Motor Carrier Safety Act of 1963, Act 181 of 1963 for vehicles operating in Michigan intrastate commerce. The definition applies to both private and for-hire carriage.

With the focus on trucking and the transportation of a commodity, a commercial motor vehicle operating in interstate or Michigan intrastate commerce is:

• Any single vehicle having a gross vehicle weight rating or an actual loaded weight of 10,001 pounds or more, or
• A combination vehicle (a power unit towing another vehicle or trailer) having a gross combination weight rating (rating of towing and towed unit/s added together) or actual or combined loaded weight of 10,001 pounds or more, or
• Any sized vehicle used to transport hazardous material in amounts which would require the vehicle to be placarded

Guidance: Section 405 of the Surface Transportation Assistance Act of 1982 (STAA) (49 USC 31105) states, in part, that no person shall discharge, discipline or in any manner discriminate against an employee with respect to the employee's compensation, terms, conditions or privileges of employment for refusing to operate a vehicle when such operation constitutes a violation of any federal rule, regulation, standard or order applicable to CMV safety. In such a case, a driver may submit a signed complaint to the Occupational Safety and Health Administration.

Guidance: No. The term "employee", as defined in the Federal Motor Carrier Safety Regulations 390.5, specifically includes an independent contractor employed by a motor carrier. The existence of operating authority has no bearing upon the issue. The motor carrier is, therefore, responsible for compliance with the regulations by its driver employees, including those who are owner-operators.

Guidance: The FMCSR, 390.5, defines a public road as "any road under the jurisdiction of a public agency and open to public travel or any road on private property that is open to public travel".

Guidance: The Michigan Motor Carrier Safety Act of 1963 adopts federal safety regulations for Michigan intrastate operations. The act does provide limited exemptions from federal regulations for certain industries and drivers operating in intrastate commerce.

Guidance: Operating authority [in a sense] is "permission" granted by a state or the federal government to motor carriers, allowing the carriers to operate as a for-hire carrier of freight or passengers in intrastate or interstate commerce, respectively. To obtain the required operating authority, the motor carrier must apply to the appropriate governing agency. For further information concerning Michigan intrastate or interstate operating authority and the application process, contact the Michigan Public Service Commission at (517) 241-6025

Guidance: "Gross vehicle weight rating" or "GVWR" means the value specified by the manufacturer as the loaded weight of a single vehicle. "Gross combination weight rating" or "GCWR" means the value specified by the manufacturer as the loaded weight of a combination vehicle. In the absence of a value specified by the manufacturer, GCWR will be determined by adding the GVWR of the power unit and the total weight of the towed unit and any load on that unit.

Guidance: "Gross weight" means the weight of a vehicle without a load plus the weight of any load thereon.

Question 9: Is it a violation if the actual loaded weight of a commercial motor vehicle or combination of vehicles exceeds the GVWR or GCWR specified by the manufacturer?

Guidance: No, as long as the allowable load limits established by federal, state or local jurisdictions have not been exceeded.

10: What types of vehicles are required to enter the weigh stations?

Guidance: In Michigan, A driver or owner of a commercial vehicle with other vehicles or trailers in combination, a truck or truck tractor, a truck or truck tractor with other vehicles in combination, or any special mobile equipment who fails to stop at or bypasses any scales or weighing station is guilty of a misdemeanor.

Note: a commercial vehicle includes all motor vehicles used for the transportation of passengers for hire, or constructed or used for transportation of goods, wares or merchandise including all motor vehicles designed and used for drawing other vehicles.

11. Am I required to identify my business on my truck?

Guidance: Michigan requires all commercial vehicles with a single or combination gross weight rating or total gross weight of more than 5,000 pounds and all towing or platform bed wrecker road service vehicles in operation upon the public highways of this state shall have the name, city, and state or the registered logo or emblem of the registered owner of the vehicle, and lessee of the vehicle if the vehicle is being operated under lease, painted or permanently attached on each side of the vehicle in letters of not less than 3 inches in height, not lower than the bottom edge of the door. This information shall be in sharp color contrast to the background

12. Can a Michigan resident lose his/her CDL for violations while operating a personal vehicle?

Guidance: Yes. Michigan law views certain moving violations a CDL holder commits and is convicted of, while operating a non-CDL vehicle, to be the same as if the CDL holder were operating a CDL vehicle. Consequently, the penalties for a conviction will be the same.

A CDL holder who, while operating a non-CDL on a Michigan highway, is charged with and subsequently convicted of:

a) a violation of Michigan 's drunk driving laws, or

b) leaving the scene of an accident, or

c) refusing to submit an officer's request for a drug or alcohol test, or

d) using the vehicle in the commission of a felony,

will lose his/her CDL for 1 year. A second violation the CDL will be lost for life.