WASHINGTON, D.C. (Jan. 15, 2001) — A new definition of “commercial vehicle” gives the U.S. Federal Motor Carrier Safety Administration jurisdiction over interstate for-hire property and passenger carriers based on gross vehicle weight as well as weight rating.

Under the current definition, a vehicle used to transport property or passengers is a commercial vehicle if it has a gross vehicle weight rating of 10,001 pounds or more. A new rule, published Jan. 11 in the Federal Register, changes that to “a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds, whichever is greater.” Thus a vehicle rated at 9500 pounds but loaded to 10,500 pounds would, by definition, be a commercial vehicle and subject to federal safety rules.

The major focus of the rule change is smaller vans that carry passengers long distances for compensation. FMCSA says there is evidence that these long-haul commercial vans are involved in a high level of fatal accidents, yet they are not subject to federal safety regulations such as driver qualifications and vehicle maintenance and inspection.

The current rules classify passenger buses and vans as commercial vehicles if they are designed to transport more than 15 passengers. The new definition, effective Feb. 12, drops that to more than eight passengers, including the driver, if the passengers are transported for compensation. It remains at 15, including the driver, if passengers are not transported for compensation.

For-hire interstate operators of small buses and vans will have to complete a motor carrier identification report (MCS-150) so that the agency can determine the number of drivers, vehicles and companies currently operating.

FMCSA has also proposed changes to federal safety regulations that would require operators of small buses and vans that transport passengers beyond a 75-mile radius to comply to meet the same safety requirements as motorcoach operations, with the exception of commercial driver’s license and drug and alcohol testing.