There's quite a bit of gray area with construction compliance requirements, especially with the FMCSA.
The Federal Motor Carrier Safety Administration (FMCSA) holds numerous industries to high safety standards — one of them being construction.
Many construction companies unknowingly do not meet the strict guidelines set by the FMCSA and often fall victim to violations and expensive fines as a result.
To help inform construction safety managers of these guidelines, we answer these common questions below:
- Does road motorized construction equipment meet the definitions of a commercial motor vehicle?
- Are operators of road motorized construction equipment required to have a commercial driver’s license (CDL)?
- Are operators of road motorized construction equipment required to have a commercial driver’s license (CDL)?
Read on to see if your construction compliance has a strong foundation, or if it needs a major build-out.
Does off-road motorized construction equipment meet the definitions of a commercial motor vehicle?
According to the FMCSA, off-road motorized construction equipment is not included in these definitions if it is being operated at a construction site or on a public road that has unrestricted access, as long as the equipment is not being used for transportation. Driving this equipment on a public road to get to or from a construction site does not count as using it for transportation.
The definition of off-road motorized construction equipment is meant to be interpreted narrowly and only applies to equipment that isn't designed for or used on public roads for transportation purposes.
Some examples of this equipment include motor scrapers, backhoes, motor graders, compactors, tractors, trenchers, bulldozers, and railroad track maintenance cranes.
Are operators of road motorized construction equipment required to have a commercial driver’s license (CDL)?
Yes, if the vehicle is considered a commercial motor vehicle according to the definitions contained in the Federal Motor Carrier Safety Regulations (FMCSRs), the operator must have a valid CDL.
If you’re operating a piece of equipment that has a gross vehicle weight rating (GVWR) of more than 26,000 pounds or a trailer that weighs more than 10,000 pounds, you’ll need a commercial driver’s license.
The standards for a CDL are set at the federal level, but CDLs are issued by states. Even small excavators and bulldozers often exceed this GVWR and require drivers to hold a CDL to operate them legally.
Are operators of road motorized construction equipment required to have a commercial driver’s license (CDL)?
Businesses that are involved in interstate commerce (crossing state lines) and meet any of the following criteria must register with the FMCSA and acquire a USDOT number:
- Operate commercial vehicles with a gross vehicle weight or gross combination weight of 10,001 lbs or more
- Operate vehicles designed or used to carry more than eight passengers (including the driver) for compensation
- Operate vehicles designed or used to carry more than 15 passengers (including the driver) regardless of compensation
- Operate vehicles used to transport hazardous materials (HAZMAT) according to FMCSA standards
If your company meets any of these criteria, you can find out how to get a DOT number in this Foley article.
Comprehensive Construction DOT Compliance with Foley
Foley's construction compliance software can help ensure you're meeting complex federal regulations that you may not even realize your company is responsible for. Our team of compliance consultants can assist you with DOT number filing along with our suite of DOT compliance programs to reduce your risk of violations and fines.
Get on the road toward better construction compliance by scheduling a free software demo with a Foley specialist today. You can also fill out the form below and one of our team members will contact you shortly!
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