Insights

Could You lot be Subject to DOT Regulations and Not Know It? (Part one) Watch Your Weight

September 28, 2017

Property & Casualty

When working with clients, I periodically encounter situations where a client is unknowingly out of compliance with Department of Transportation (DOT) regulations. Many times, these issues relate to light trucks or vans that are occasionally used to tow trailers. In that location are passenger carrier rules also as hazardous material rules, which I will address in Function 2 of this series on DOT regulations.

For this post I will make two assumptions. First, I will assume that we are discussing vehicles being used in commerce. If they are driven for business concern in any fashion they are in commerce. The second supposition I will make is that these vehicles are being driven on public roadways. If you operate only on private property or are not operating in commerce, the DOT does not accept jurisdictional authority over your operations.

Here, I will discuss only DOT weight regulations and the weight threshold that will trigger DOT regulations applicative to light trucks and trailers.

Truck and Trailer
The topic of DOT weight regulations tends to get disruptive for three reasons:

1. There are ii types of armada operations. One is called intrastate (For the sake of simplicity, let's say that means never crossing state lines; more on that in a later mail) and ane is called interstate (crossing state lines). Depending on which type of fleet yous operate and which state yous operate in, the weight threshold that triggers a need for compliance can be dissimilar. For case, for intrastate fleets the state of Colorado threshold is 16,000 pounds GVWR (Gross Vehicle Weight Rating) / GCWR Gross Combined Weight Rating); the state of Arizona threshold is eighteen,000 pounds GVWR / GCWR; other states take different thresholds; and some states stick with 10,001 pounds GVWR / GCWR, which matches the federal government standard for interstate CMV definitions. In other words, depending on which state you're in and whether or not you cross country lines, the threshold is dissimilar.

ii. The style that these weights are measured is non intuitive to those who have not dealt with DOT regulations earlier. These weights are not the actual weights of a vehicle or trailer, but instead include the weight of the vehicle plus the weight information technology can conduct. These 2 weights add up to the GVWR. This information is normally posted on the within of the driver'south door and on trailers. The label below is from a light duty minivan:
Light Duty Minivan Label

iii. It does not matter whether the weight rating is of a single vehicle (GVWR) or a combination of vehicles (GVWR + GVWR = GCWR). If it exceeds the threshold, then DOT regulations starting time to kick in.

To help explain why this is often missed, it may be helpful to await at an example. Information technology is not uncommon for a three-quarter ton truck to accept a GVWR as high as x,000 pounds, especially with diesels, which is simply one pound shy of the federal GVWR limit that would require DOT compliance at some level. Allow'due south look at what happens if such a truck is used for either interstate or intrastate purposes:

  • Interstate: If a trailer is then added to a truck of this blazon, the combination would be a CMV considering the combined weight (GCWR) exceeds 10,001 pounds.
  • Intrastate: In some states, the combination would qualify as a CMV once information technology hit x,001 pounds, and in some states with higher weight thresholds it would merely become a CMV once it striking that state's threshold. Using Colorado as an example, if the trailer GVWR is six,000 pounds (not uncommon for a dual-axle trailer), the combined weight of 16,001 pounds would at present require compliance with DOT regulations specific to Colorado.

Fifty-fifty if you lot have quarter-ton trucks or vans, their GVWR can be vii,000 pounds or higher. A trailer with a GVWR of 3,001 pounds or higher would push the GCWR to 10,001 pounds.

Some other somewhat confusing cistron is that none of these thresholds mean that a driver must have a commercial driver's license (CDL) to drive the vehicle. That is a different threshold ready at a higher weight level. Many employers assume that if their drivers don't need a CDL, then they are not subject to any DOT regulations. In fact, they may be required to keep driver qualification files; pull and check motor vehicle records; maintain medical cards; carry out road evaluations; ensure their drivers are not disqualified; keep hours of service records; and more.

To larn more about federal regulations, visit the Federal Motor Carrier Safety Administration (FMCSA) website. Questions about country-specific regulations can be sent to your Woodruff Sawyer account team or addressed to a state-specific enforcement agent, such as the state patrol or land constabulary.

Follow these links for Part 2 and Function 3 of this series, on passengers and payment type and substances and toxins, respectively.