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Commercial Vehicle Enforcement
Section FAQ's for Website
1.What is the definition of a commercial
motor vehicle?
Commercial motor vehicle means 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 4,536 kg (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 passengers, including the
driver, and is not used to 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.
2. When do I need a DOT number?
Each motor carrier that conducts
operations in interstate commerce must
file a Motor Carrier Identification
Report, Form MCS?150.
3. When do I need a CDL?
If you operate a Commercial motor
vehicle (CMV) or combination of motor
vehicles used in commerce to transport
passengers or property if the motor
vehicle
(a) Has a gross combination weight
rating of 11,794 kilograms or more (26,001
pounds or more) inclusive of a towed
unit with a gross vehicle weight rating
of more than 4,536 kilograms (10,000
pounds); or
(b) Has a gross vehicle weight rating
of 11,794 or more kilograms (26,001
pounds or more); or
(c) Is designed to transport 16 or
more passengers, including the driver;
or
(d) Is of any size and is used in
the transportation of materials found
to be hazardous for the purposes of
the Hazardous Materials Transportation
Act and which require the motor vehicle
to be placarded under the Hazardous
Materials Regulations (49 CFR part 172,
subpart F).
4. When do I need a medical card?
A person shall not drive a commercial
motor vehicle unless he/she is physically
qualified to do so and, except as provided
in 391.67, has on his/her person the
original, or a photographic copy, of
a medical examiner's certificate that
he/she is physically qualified to drive
a commercial motor vehicle.
5. Do I have to cover my load?
Sec. 70?907. Vehicles spilling load;
covering of load.
(a) No vehicle shall be driven or
moved on any street or highway unless
such vehicle is so constructed or loaded
as to prevent any of its load from dropping,
sifting, leaking or otherwise escaping
there from, provided that this section
shall not prohibit the necessary spreading
of any substance in street or highway
maintenance or construction operations.
(b) No person shall operate on any street
or highway any vehicle with any load
unless the load and any covering thereon
is securely fastened so as to prevent
the covering or load from becoming loose,
detached or in any manner a hazard to
other users of the street or highway.
(c) Any vehicle operating on a street
or highway with a load of dirt, sand,
gravel, garbage or any other material
susceptible to being blown, dropped,
spilled, leaked, or which otherwise
may escape there from, shall be covered
so as to prevent spillage; except that
this subsection shall not prohibit the
necessary spreading of any substance
connected with street or highway maintenance,
construction or snow removal.
6.
Do I have to secure my load?
This section applies to trucks, truck
tractors, semi trailers, full trailers,
and pole trailers. Each of those motor
vehicles must, when transporting cargo,
be loaded and equipped to prevent the
shifting or falling of cargo in the
manner prescribed by the rules in paragraph
(b) of this section. In addition, each
cargo carrying motor vehicle must conform
to the applicable rules in q393.102,
§393.104, and §393.106.
 (b) Basic protection component. ?
Each cargo carrying motor vehicle must
be equipped with devices providing protection
against shifting or falling cargo that
meet the requirements of either paragraph
(b)(1), L21, U3, or W of this section.
(b)(1) Option A. The vehicle must
have sides, sideboards, or stakes, and
a rear end gate, end board, or stakes.
Those devices must be strong enough
and high enough to assure that cargo
will not shift upon, or fall from the
vehicle. Those devices must have no
aperture large enough to permit cargo
in contact with one or more of the devices
to pass through it.
(b)(2) Option B. The vehicle must
have at least one tie down assembly
that meets the requirements of §393.102
for each 10 linear feet of lading or
fraction thereof (However, a pole trailer
or an expandable trailer transporting
metal articles under the special rules
in paragraph (c) of this section is
required only to have two or more of
those tie down assemblies at each end
of the trailer). In addition, the vehicle
must have as many additional tie down
assemblies meeting the requirements
of §393.102 as are necessary to secure
all cargo being transported either by
direct contact between the cargo and
the tie down assemblies or by dunnage
which is in contact with the cargo and
is secured by tie down assemblies.
(b)(3) Option C (for vehicles transporting
metal articles only). A vehicle transporting
cargo which consists of metal articles
must conform to either the rules in
paragraph (b)(1), U2), or L4,) of this
section, or the special rules for transportation
of metal articles set forth in paragraph
,(J of this section.
(b)(4) Option D. The vehicle must
have other means of protecting against
shifting or failing cargo which are
similar to, and at least as effective
as, those specified in paragraph (b)(1),
U2, or U of this section.
7. Do I need trailer brakes?
Every commercial motor vehicle shall
be equipped with brakes acting on all
wheels.
8.
Who
needs a Missouri Class E License?
FOR HIRE LICENSE (Class E) ? Eligible
Age 18
You must have a Class E license if
you receive pay for driving a motor
vehicle transporting 14 or fewer passengers,
or if you will transport property for
pay or as part of your job, such as
a pizza or florist delivery driver.
Anyone who regularly operates a motor
vehicle for his or her employment, which
belongs to another person and is designed
to carry freight and merchandise, must
also have a Class E license. The vehicle
driven must be 26,000 pounds or less
gross vehicle weight rating (GVWR) and
not required to be placarded for hazardous
materials.
You must be 18 years old and have
passed the Class E written (includes
Chapter 15), vision and road sign tests.
If you already have a valid Missouri
license, a driving test is not required.
Under Missouri's Graduated Driver License
Law, you must still meet the "under
21 requirements" for a full license
at the time you apply for a For Hire
License at age 18. (Refer to the chart
on page 5.)
9.
When do I need a logbook?
a) Except for a private motor carrier
of passengers (non business), every
motor carrier shall require every driver
used by the motor carrier to record
his/her duty status for each 24 hour
period using the methods prescribed
in either paragraphs a 1 or U2 of this
section.
(a)(1) Every driver who operates
a commercial motor vehicle shall record
his/her duty status, in duplicate, for
each 24?hour period. The duty status
time shall be recorded on a specified
grid, as shown in paragraph (g) of this
section. The grid and the requirements
of paragraph a of this section may be
combined with any company forms. The
previously approved format of the Daily
Log, Form MCS 59 or the Multi day Log,
MCS 139 and 139A, which meets the requirements
of this section, may continue to be
used.
Exemptions
100 air mile radius driver. A driver
is exempt from the requirements of 395.8
if:
(e)(1) The driver operates within
a 100 air mile radius of the normal
work reporting location;
(e)(2) The driver, except a driver
salesperson, returns to the work reporting
location and is released from work within
12 consecutive hours;
(e)(3) At least 8 consecutive hours
off duty separate each 12 hours on duty;
(e)(4) The driver does not exceed
10 hours maximum driving time following
8 consecutive hours off duty; and
(e)(5) The motor carrier that employs
the driver maintains and retains for
a period of 6 months accurate and true
time records showing:
(e)(5)(i) The time the driver reports
for duty each day;
(e)(5)(ii) The total number of hours
the driver is on duty each day;
(e)(5)(iii) The time the driver is
released from duty each day; and
(e)(5)(iv) The total time for the
preceding 7 days in accordance with
5395.8(i)(21 for drivers used for the
first time or intermittently.
10.
How long do I have to make required
repairs?
Out of Service violations must be
repaired before the vehicle is used
on public streets. All other violations
must be repaired before the vehicle
is re?dispatched on another assignment.
11.
What does ""Out of Service"
mean?
Out of service order means a declaration
by an authorized enforcement officer
of a Federal, State, Canadian, Mexican,
or local jurisdiction that a driver,
a commercial motor vehicle, or a motor
carrier operation, is out of service
pursuant to §5386.72,
392.5 92.5, 3§ 95.13, , or compatible
laws, or the North American Uniform
Out of Service Criteria.
a) Authority to declare drivers Out
of Service. Every special agent of the
Federal Highway Administration (as defined
in Appendix B to this subchapter) is
authorized to declare a driver out of
service and to notify the motor carrier
of that declaration, upon finding at
the time and place of examination that
the driver has violated the out of service
criteria as set forth in paragraph (b)
of this section.
(b) Out of Service criteria. (1)
No driver shall drive after being on
duty in excess of the maximum periods
permitted by this part.
(b)(2) No driver required to maintain
a record of duty status under 3955 95.8
or
395.15 of this part shall fail to
have a record of duty status current
on the day of examination and for the
prior 7 consecutive days.
(c) Motor vehicles declared "out
of service".
(c)(1) Authorized personnel shall
declare and mark "out of service"
any motor vehicle, which by reason of
its mechanical condition or loading
would likely cause an accident or a
breakdown. An "Out of Service Vehicle"
sticker shall be used to mark vehicles
"out of service".
(c)(2) No motor carrier shall require
or permit any person to operate nor
shall any person operate any motor vehicle
declared and marked "out of service"
until all repairs required by the "out
of service notice" have been satisfactorily
completed. The term "operate"
as used in this section shall include
towing the vehicle, except that vehicles
marked "out of service" may
be towed away by means of a vehicle
using a crane or hoist. A vehicle combination
consisting of an emergency towing vehicle
and an "out of service" vehicle
shall not be operated unless such combination
meets the performance requirements of
this subchapter except for those conditions
noted on the Driver Equipment Compliance
Check.
(c)(3) No person shall remove the
"Out of Service Vehicle" sticker
from any motor vehicle prior to completion
of all repairs, required by the "out
of service notice".
12.
How much weight can I carry?
Vehicles can carry up to 22,500 pounds
in the commercial zone. The vehicle
can only carry as much weight as covered
by the license plate purchased from
the state of issue and the capabilities
of the tires on the vehicle.
13.
What is a commercial zone?
Exempt intracity zone means the geographic
area of a municipality or the commercial
zone of that municipality described
by the FHWA in 49 CFR Part 372, Subpart
B. The descriptions are printed in Appendix
F to Subchapter B of this Chapter. The
term "exempt intracity zone"
does not include any municipality or
commercial zone in the State of Hawaii.
For purposes of §391.2(d), a driver
may be considered to operate a commercial
motor vehicle wholly within an exempt
intracity zone notwithstanding any common
control, management, or arrangement
for a continuous carriage or shipment
to or from a point without such zone.
14.
What is a CVSA Sticker?
Inspections must be performed by
and decals affixed by certified government
employees. The term "certified"
as used in this section means the government
employee performing inspections and/or
affixing CVSA decals must have first
successfully completed a training program
approved by the Alliance. Decals, when
affixed, shall remain valid for a period
not to exceed three consecutive months.
Vehicles displaying a valid decal generally
will not be subject to reinspection.
However, nothing shall prevent reinspection
of a vehicle or combination of vehicles
bearing valid inspection decals, under
the conditions specified in the section
titled, "Reinspection".
15.
When Do I qualify for a CVSA Sticker?
Vehicle (Mechanical) Each vehicle
(bus, truck, truck tractor, semi trailer,
trailer, etc.) used singularly or in
combination may qualify for a CVSA decal
if it passes inspection. "Pass
Inspection" means that during a
Level I or Level V inspection no defects
are found of the following critical
vehicle inspection items: brake system;
coupling devices; exhaust system; frame;
fuel system; turn signals; brake lamps;
tail lamps; head lamps; lamps on projecting
loads; safe loading; steering mechanism;
suspension; tires; van and open?top
trailer bodies; wheels and rims; windshield
wipers and emergency exits for buses.
For the purpose of decal issuance,
if no violation is detected during a
Level I or Level V inspection due to
a hidden part of the listed critical
vehicle inspection items, a decal shall
be applied.
Cargo Tank (Additional DecaI,).Decals
shall not be issued to U.S. DOT Specification
Cargo Tank vehicles found to have violations
of the following: retest requirements;
internal valves; cargo tank authorization;
manhole covers; discharge valves; cargo
tank integrity, and/or support and anchoring
requirements.
16.
Do I need a tow truck? Can I just
run it back to the yard?
If a vehicle that has been placed
"out of service" due to equipment
violations and cannot be repaired at
the scene, it should be towed to a place
where the proper repairs can be made.
If a person is caught operating a vehicle
in an " out of service" condition,
the driver will be arrested, required
to post a cash bond, and appear before
a judge. The vehicle will be,,impounded.
Conviction for operating in an "out
of service" conviction is a misdemeanor,
punishable by up to a year in jail,
$500.00 fine and a suspension of you
CDL or license.
What is tire weight rating?
The maximum safe weight a tire can
carry at a specified pressure. This
rating is stated on the side of each
tire.
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