FAQ: General Information |
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. The Michigan Motor Carrier Safety Act of 1963, Act 181 of 1963 adopted this part of the FMCSR into the Michigan Vehicle Code by reference (making these rules applicable to CMV's operating in Michigan intrastate commerce). In 2005 the definition for a commercial motor vehicle was removed from Act 181. The definition contained in 390.5 of the FMCSR applies
to both private and for-hire transportation.
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Question 2: What is the lettering requirement for commercial vehicles in Michigan, haven't they changed recently? Yes, the Michigan Vehicle Code modified it's lettering law in 2005. In MVC 257.723 the following requirements apply to vehicles used for business activities: (1) 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. (2) Except for towing or platform bed wrecker road service vehicles, the identification requirements of subsection (1) may be met through the use of removable devices which meet the requirements of subsection (1). These devices shall be of durable construction and securely attached to each side of the motor truck or truck tractor. The removable devices shall be attached so that the identification is in a horizontal position. (3) A vehicle in compliance with the identification requirements of the federal motor carrier safety regulations, 49 CFR parts 390-399, is considered to be in compliance with this section. (4) This section does not apply to a truck eligible for and registered under a farm or manufacturer license plate, that has a gross vehicle weight of less than 10,000 pounds.
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| Question 3: What protection is afforded a driver for refusing to violate
the FMCSR? 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. |
| Question 4: May a motor carrier employing
owner-operators with their own operating authority transfer the responsibility
for compliance to the owner-operators?
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. |
| Question 5: What is considered a "Highway"?
Guidance: The Federal Motor Carrier Safety Regulations, 390.5 define a highway as, any road, street, or way, whether on public or private property, open to public travel. “Open to public travel” means that the road section is available, except during scheduled periods, extreme weather or emergency conditions, passable by four-wheel standard passenger cars, and open to the general public for use without restrictive gates, prohibitive signs, or regulation other than restrictions based on size, weight, or class of registration. Toll plazas of public toll roads are not considered restrictive gates. |
| Question 6: What
is "operating authority"? 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 |
| Question 7: What
is a "gross vehicle weight
rating" and a "gross combination weight rating?" 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. |
| Question 8: What is a "gross weight?"
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 letter my truck with my business information? Guidance: YES, 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. See question 2. |
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.
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