94
RISK MANAGEMENT
ACT
MARCH 2014
Because the safe
operation of certain
large vehicles requires a
higher level of specialized
knowledge and skills,
every state and the
federal government
requires operators
of those vehicles to
possess a valid CDL.
Do you have
the right CDL
License?
T
he importance of commercial
motor vehicles (and their
drivers) to the nation’s
economy cannot be overemphasized.
The commercial transportation industry
provides the delivery of goods and
services, and more importantly; they
strive every day, to do so safely. SC&RA
members touch every American daily
be it hauling generators or transformers,
providing cranes at petrochemical plants,
or rigging at utility facilities, etc.
This widespread transportation of goods
and services, however, requires an equally
widespread, safe, and regulated system
of transport. For instance, the FMSCA
CDL Division oversees the CDL program,
which is one of many key programs and
serves to develop, monitor, and support
compliance with federal commercial
driver licensing standards for drivers,
carriers and states. Programs such as this
were developed “to help reduce or prevent
truck accidents, fatalities, and injuries
by requiring drivers to have a single
commercial motor vehicle driver’s license
and by disqualifying those drivers who
operate without the proper class CDL or
NOT one at all.”
CDL licensing requirements
Drivers have been required to have a
commercial driver’s license (CDL) in
order to drive certain commercial motor
vehicles (CMVs) since April 1, 1992.
Because the safe operation of certain
large vehicles requires a higher level of
specialized knowledge and skills, every
state and the federal government requires
operators of those vehicles to possess a
valid CDL.
For CDL purposes, 383.5 defines a
commercial motor vehicle (CMV) as a
motor vehicle or combination of motor
vehicles used in commerce to transport
passengers or property if the motor
vehicle:
■
Has gross combination weight rating
or gross combination weight of 11,794
kilograms or more (26,001 pounds or
more), whichever is greater, inclusive
of a towed unit(s) with a gross vehicle
weight rating or gross vehicle weight
of more than 4,536 kilograms (10,000
pounds), whichever is greater; or
■
Has gross vehicle weight rating or
gross vehicle weight of 11,794 or more
kilograms (26,001 pounds or more),
whichever is greater; or
■
Is designed to transport 16 or more
passengers, including the driver; or
■
Is of any size and is used in the
transportation of hazardous materials
as defined in this section.
If a vehicle meets the definition of a
CMV, its driver will need a state CDL
issued in compliance with federal
regulations. Employers are required to
allow only drivers with valid licenses to
operate their vehicles.
NOTE:
Currently, FMCSA regulatory guidance, the definition of CMV encompasses mobile
cranes. Mobile cranes are readily capable of traveling at highway speeds, over extended
distances, and in the mixed traffic of public highways. Although the functions a crane
performs are distinct from the transportation provided by a truck, the ready mobility of
the crane depends on its permanent integration with a truck chassis. The truck chassis
is equipped with wheels, tires, brakes, a suspension system, and other components.
The mobile crane itself, like an empty CMV is considered property. Thus, any company
operating a mobile crane as described above in interstate commerce is now required to
follow all rules and regulations that apply to Commercial Motor Vehicles, including the
need for drivers to have a Commercial Driver’s License. A myriad of problems will arise
if the crane company fails to properly maintain DQ files, Hours-of-Service records and
maintenance and inspection information where applicable.
THE AUTHORS:
Robert C.
Moore
is
Transportation
Program Manager,
NBIS Construction &
Transport Insurance
Services.
Chris Nelson
is Director of Risk
Management,
Transportation at
NBIS Construction &
Transport Insurance
Services.
