As detailed above, it is not always obvious when a commercial motor vehicle accident is indeed a CMV case. There can be vehicle and trailer configurations that cause a vehicle to exceed 10,000 lbs and subject it to the regulations. If you are going to handle a commercial motor vehicle accident involving these large, complex machines, it is important to understand the machine and the configurations in which they operate. Also, it’s important to understand the lingo, especially during the discovery process.
What Is a “Commercial Vehicle”?
Even if a person is not a “motor carrier” in the traditional sense (that is, they do not operate commercial vehicles for a living), they may still be subject to certain provisions of the FMCSR if they operate a commercial motor vehicle unknowingly or temporarily. A defendant that is “operating a commercial motor vehicle as defined in 49 C.F.R. § 390.5” is “required to comply with the FMCSR.”
Let’s take a look at the definitions. Under 49 C.F.R. § 390.5, a “commercial motor vehicle” means: any self-propelled or towed motor vehicle used on a highway in intrastate and interstate commerce to transport passengers or property when the vehicle:
- Has a gross vehicle weight rating, gross combination weight rating, gross vehicle weight, or gross combination weight of 4,537 kg (10,001 lbs.) or more;
- Is designed or used to transport more than eight passengers, including the driver, for compensation;
- Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
- Is used to transport material determined to be hazardous by the Secretary of the United States Department of Transportation under 49 U.S.C. § 5103 and transported in a quantity that requires placards under regulations prescribed under 49 C.F.R., Subtitle B, Chapter I, Subchapter C.
The most commonly used definitions, in our experience, are the Gross Vehicle Weight Rating (GVWR), Gross Combination Weight Rating (GCWR), or the actual Gross Vehicle Weight (GVW) and Gross Combination Weight (GCW). Each of these is discussed further below. With the limit being only 10,001 lbs, a company with a truck and trailer may quickly jump into regulation by the FMCSR without actually realizing the implications. In instances like this, certain regulations may apply regardless of whether the driver has a commercial driver’s license or the company is registered as a motor carrier, especially if a commercial motor vehicle accident occurs.
Let’s review the various configurations of trucks and trailers to assist you in evaluation.
Bob-Tail Truck
A tractor or truck is a large vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment. While we typically encounter tractors hauling trailers, we have handled accidents in which these tractors are riding without a trailer, commonly referred to as “bob-tail.” Standing alone, a “bobtail truck” can exceed 30,000 lbs.
Tractor-Trailer Combination
The most classic example of a commercial motor vehicle is the tractor-trailer combination. There are numerous types, but, in general, these vehicles involve a tractor (described above) and a trailer for hauling goods. These vehicles can weigh up to 80,000 lbs or more when fully loaded.
Tanker Truck
Tanker trucks are commercial vehicles used to transport liquids (such as fuel, chemicals, liquid waste, etc.). As the name implies, the trailer is fitted with a tank for holding liquids. Understanding this type of setup is important, as additional standards apply when a commercial motor vehicle is transporting hazardous materials.
Flatbed Trucks
Flatbed trucks are tractors fitted with a flat trailer used for hauling things that do not fit neatly in other types of containers. The most common configurations generally haul large machinery or parts, building materials (such as lumber or steel beams), manufactured homes, vehicles, etc. The defining characteristic is that the flatbed truck or trailer does not have walls or sides. Cargo is generally strapped to the flatbed to secure it.
Logging Truck
Logging trucks are very similar to flatbed trucks, but they have a unique trailer configuration developed specifically to haul large timbers. The trailer lacks a flat bed. The trailer is designed similarly to the letter holders that are commonly used in offices. The logs are stacked within upright forks that protrude from the frame of the trailer. These trailers are particularly dangerous because they go into remote places to load, they take a beating, and they pull a very unevenly distributed load. Also, the cargo (logs) tends to extend far behind the back of the trailer in uneven lengths.
Pro Note
Intrastate logging trucks operating in Georgia are subject to the Georgia Forest Product Trucking Rules. These standards vary somewhat from those applicable to traditional commercial motor carriers. Coverage of these specific regulations is outside the scope of this article, but please contact us if you have specific questions or need help with this type of case.
Box Trucks (Straight Trucks)
A box truck is simply a heavy-duty vehicle equipped with an enclosed container that is affixed to the rear frame of the vehicle. Good examples to think of are U-Haul and Midas vehicles. Unlike a big rig, the box truck does not employ a separate trailer to transport goods. These vehicles are routinely used by businesses to deliver goods over short distances. Many commercial motor carriers incorporate this type of vehicle into their service model. This is particularly true because certain box trucks (under 26,001 lbs GVWR) do not require a CDL to operate.
Pick-Up Trucks
Somewhat surprisingly to an unfamiliar lawyer, a pick-up truck with a trailer can be a CMV. When the pick-up truck and trailer exceed 10,000 lbs, it is subject to certain FMCSR. These smaller truck-trailer combinations are often referred to as “hot shots”.
Cement Trucks
Cement trucks, also known as concrete mixers, are used to mix and haul cement in a ready-to-pour state. These vehicles have all sorts of modifications to allow the mounting of a large motorized drum to the frame of the vehicle. Cement trucks are at risk of many of the accidents common to large commercial trucks. However, the unique risk associated with cement trucks includes tipping over. The weight of these trucks (26,001 – 40,000 lbs.) combined with the manner the cement is stored on the vehicle makes it more susceptible to overturn.
Cement trucks also involve multiple potentially liable individuals in the event of an accident, as these trucks are used in carrying out larger projects. Some potentially liable parties might include the driver, cement company, shipping company, sub-contractor, general construction contractor, truck, part, or specialty manufacturer, and local or state governments.
Dump Truck
Dump trucks come in many forms and sizes. The premise behind the vehicle is that the bed of the vehicle is equipped with hydraulics that allow one end to rise into the air. The contents of the truck are then expelled by gravity from the other end. Dump trucks are a form of vocational truck used to haul garbage, demolition, or granular materials, such as sand or gravel. It generally has a boxed rear (bed) with an open or soft-covered top.
Dump trucks are very common in Georgia as a result of the large amount of farming and agriculture in the state. Commercial vehicle accidents involving these vehicles give rise to unique risks and potentially liable parties. It is common for cargo or debris to fall from these trucks when not properly loaded. Also, dump trucks are frequently used as part of larger projects.
Potentially liable parties include the driver, shipping company, cargo owner (e.g., farmer), vehicle manufacturer or specialty parts manufacturer, and state or local governments.
Garbage Trucks
Garbage trucks are present in every municipality and county in Georgia. These are specialty trucks constructed with any number of configurations to allow for the collection and transport of garbage. Common forms of garbage trucks include side loaders, front loaders, grapple trucks, pneumatic collection, and rear loaders (the most common). All of these configurations entail heavy frames and motorized systems (such as hydraulics).
The large, bulky nature of the vehicle, combined with the excessive weight, makes it very difficult to handle and maneuver on the open road. Also, the vehicles generally operate in open traffic and make routine stops. Sanitation engineers routinely ride on the side of the vehicle and step on and off to collect refuse. Operators employ the mechanical collection arms without good visibility of the rear and sides of the vehicle. Civilians are often walking on the sidewalks or roadways where these vehicles are operating. This operational pattern dramatically increases the likelihood of collisions with other vehicles and injuries.
Garbage truck accidents, as a form of commercial vehicle accident, give rise to potential liability among numerous parties, including drivers, sanitation engineers, vehicle manufacturers, specialty parts manufacturers, waste management companies, and local or state governments.
Tow Trucks
Tow trucks, often called wreckers, are specialty forms of commercial vehicles used to transport vehicles. They come in two common configurations:
1) a long, flat-bed truck that has a hydraulic function to tip the bed and allow for loading of one or more vehicles.
2) a truck with a mounted hydraulic/mechanical system for winching up one end of a vehicle and transporting it in a suspended state.
The flatbed model of a tow truck gives rise to risks of tipping over and loss of cargo. Also, the load sits very high on the bed of the vehicle, which makes handling and maneuvering the vehicle more difficult. The winching-lift configuration creates a unique handling situation for inexperienced drivers. Also, it gives rise to the possibility of mechanical malfunction and the vehicle working loose from the wheel.
Numerous potentially liable individuals may be implicated in a commercial motor vehicle accident involving a tow truck, including the driver, tow company, vehicle manufacturer of specialty part manufacturer, and cargo loader.
Pro Note
The various truck configurations discussed herein may also be statutorily defined. It is important to review the local definitions to see if the vehicle in question is subject to unique regulations.
Buses
Buses have their own special Federal regulations; though, many of the standards laid out in the FMCSR can be applied to bus operations. Under Federal law, “bus” means a motor vehicle with motive power, except a trailer, designed for carrying more than 10 persons. Georgia law, likewise, defines “bus” to mean “every motor vehicle designed for carrying more than ten passengers and used for the transportation of persons and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.” Specialty types of buses defined under the Federal regulations include: “School bus,” “Multifunction school activity bus (MFSAB),” and “Multipurpose passenger vehicle.” Buses are subject to very specific regulations concerning design and operations.
Depending on the owner, use, and function of the business, commercial vehicle accidents involving buses implicate a number of potentially liable individuals. These include the bus driver, bus owner, management company, business contracting bus services, vehicle or specialty parts manufacturer, and state or local governments.
Passenger-Carrying Vehicles (over 8 Persons)
A passenger-carrying van for over 8 persons is subject to certain regulations by the FMCSA.
“Motor carriers operating 9 to 15 passenger-carrying commercial motor vehicles for direct compensation, regardless of the distance traveled, are subject to the safety standards in part 385 and parts 390 through 396 [of the Federal Motor Carrier Safety Regulations].” The FMCSR requires that the operator register with the FMCSA and place its USDOT number and business name on the vehicle. There are other requirements too, including maintaining an accident register, meeting driver qualification and medical exam requirements, complying with hours of service regulations, and more.
Likewise, motor carriers “operating 9 to 15 passenger-carrying commercial motor vehicles for indirect compensation, regardless of the distance traveled, are required to: (1) Register with FMCSA; (2) Mark their commercial motor vehicles with the USDOT identification number; (3) Maintain an accident register; (4) Comply with the prohibition against drivers texting while driving; and, (5) Comply with the cellular phone restrictions for drivers.”
Commercial Vehicle Diversity
These examples are not meant to be exhaustive. Instead, they are meant to show the diversity of commercial vehicles subject to Federal regulation. As you have likely determined, the vehicles subject to the Federal regulations are far broader than one might initially assume. Collisions involving each of these types of vehicles implicate a broad range of Federal and state rules.
Speak with an Experienced Truck Accident Attorney Today
If you suspect your situation involves a commercial motor vehicle accident, it’s critical to speak with a knowledgeable attorney who understands the complexities of these cases. From identifying responsible parties to navigating federal regulations, the right legal team can make all the difference. Contact Weatherby Law Firm today for a free consultation, and let us help you determine the best path forward.
