Florida Commercial Vehicle Definition Explained

Do you have a business in Florida that uses motor vehicles for commercial transportation? Having an understanding of the Florida commercial vehicle definition is important in ensuring compliance and managing your companies risk.

Florida is full of commercial vehicles of a wide variety sizes that make up a large part of the vehicular traffic in the state. 

Here’s the problem – most Florida business owners aren’t aware that the state has adopted many of the Federal Motor Carrier Safety Regulations (FMCRs) that apply to both interstate and intrastate operations.

As a business owner not familiar with these rules, your operations could have significant DOT compliance gaps and regulatory risk exposure. In other words, fines and penalties. 

What is a Commercial Vehicle in Florida?

Below is the basic definition from Florida Statute 316.003 that has been edited for length. If you’re involved in motorsports, have a corporate sponsorship or want to read the whole rule, follow this link.

The Florida CMV definition follows the federal definition of a commercial vehicle pretty close but there are some important differences. 

Florida Rules for Intrastate Transportation

DOT rules (or FMCRs) that have been adopted by the state of Florida apply to commercial vehicles that operate entirely within the state of Florida (intrastate). This includes vehicles that we’re all familiar with such as tractor trailers but also dump trucks, water trucks, pickup trucks/trailer combinations (if criteria are met), construction vehicles and more. 

How many FMCRs that your intrastate operation is subject to is determined by either the gross vehicle weight (GVW), gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR) of the truck and trailer or both the truck and trailer combined. 

If your company’s vehicles have a GWV, GVWR or GCWR of 26,001lbs or more you must comply with DOT rules such as:

• Obtaining a DOT number
• CDL rules
• Driver qualification files
• Medical card rules
• Drug and alcohol testing
• Driver rules
• Parts and accessories (brakes, lights etc)

As well as being subject to a compliance audit. This is just the tip of the iceberg!

Smaller Commercial Vehicles

Commercial vehicles that operate entirely within Florida but are less than 26,001lbs GVW, GVWR or GCWR but are over 10,000lbs are subject only to DOT rules relating to the vehicles safety items (lights, brakes etc). 

However, if you have any vehicle that’s hauling hazardous materials that requires placarding as outlined in part 172 of the hazardous materials regulations you are subject to DOT rules regardless of the size of the vehicle.

Do D.O.T. Rules Apply To Florida Commercial Vehicles?

Yes. As we discussed above, owners and drivers of commercial vehicles are 26,001lbs gross vehicle weight, gross vehicle weight rating or gross combination weight are required to comply with 49 CFR parts 382, 383, 385, 386 and 390-397. These parts are defined as:

382 – Drug and Alcohol

383 – CDL requirements

385 – Safety Fitness Procedures

386 – Proceedings

390 – Applicability

391 – Driver Qualification

392 – Driving of CMVs

393 – Parts and Accessories

395 – Hours of Service

396 – Inspection and Maintenance

397 – Hazmat

The breakdown for how the federal rules are applied to Florida commercial vehicles is found in a separate statute (FS 316.302). This state law specifies that once you meet the definition of a commercial defined above, specific parts of the FMCSRs will be applied to you.

Florida Commercial Vehicle Examples

Here’s a few examples of the types of commercial vehicle transportation operations in Florida and how DOT (or FMCRs) would be applied to them. 

Business 1

Business one transports intermodal containers and operates vehicles that have a gvwr and/or gcwr over 26,001lbs in interstate commerce, which includes furthering an interstate move of product. 49 CFR parts 382, 383, 385, 386 and 390-397 Will apply (everything). 

Business 2

Business two is a local landscaper (no hazmat) with a pickup truck and trailer that has a gvwr and/or gcwr of 14,000lbs that operates entirely in the state of Florida (intrastate). This vehicle must comply with 49 CFR parts 382, 392, 393, 396.3(a)(1) and 396.9.

Business 3

Business three is a Florida trucking company that moves freight entirely within the state of Florida (intrastate) and operates vehicles 26,001lbs gvwr and/or gcwr. 49 CFR parts 382, 383, 385, 386 and 390-397 Will apply

Are Forestry Trucks Exempt in Florida?

No. Forestry trucks operating entirely in the state of Florida must comply with 49 CFR parts 382, 392, 393, 396.3(a)(1) and 396.9 per FS 316.002.

If the vehicle is over 26,001lbs or has three axles regardless of weight, they must display the name of the vehicle owner or motor carrier and the town their based out of on each side of the motor vehicle. 

What’s Next?

This is just a short list of rules that may be applied to your business. If you have a business in Florida that uses vehicles and you’re confused about the Florida commercial vehicle definition and you need some help?

Drop us a line or give us a call! We’d be happy to help assess your needs and get you DOT compliant with an audit or training.