2.4

The license line

Why the license line sits higher than the safety line

The § 383.5 commercial motor vehicle — the definition that triggers the license — is not built like the other one. Where § 390.5T sets one weight floor and hangs further triggers off it, § 383.5 is built out of the three vehicle groups, and its weight line begins at 26,001 pounds (11,794 kilograms), measured by gross combination or gross vehicle weight rating or by actual weight, whichever of those two is greater: a combination at or above that figure where the towed unit exceeds 10,000 pounds, or a single vehicle at or above it. Two routes then reach below that weight entirely: a vehicle designed to transport 16 or more passengers including the driver, and a vehicle of any size used to transport placardable hazardous materials. Chapter 1 set the two definitions side by side to show that they do not share a line; this is where the consequences of that are worked out.

§ 383.3 sets the reach, and it is wider than the safety regulations’ own. The license rules apply to every person who operates such a vehicle in interstate, foreign, OR intrastate commerce, to all employers of such persons, and to all States. One further point is easy to miss and worth carrying. § 383.3(b) states that the exceptions in § 390.3(f) do not apply to Part 383, and that the employers and drivers named there must comply with the license rules unless this section provides otherwise. A note on that citation: Part 383 cites the suspended base section, and the operative exceptions are those of § 390.3T(f), which § 2.5 sets out. Being excepted from the safety regulations, in other words, does not except you from needing the license.

The exceptions Part 383 does make are its own and are narrow. § 383.3(c) requires States to exempt individuals operating commercial motor vehicles for military purposes, naming the categories of personnel it covers. § 383.3(d) is different in kind: it permits a State, at its discretion, to exempt certain farm-vehicle operators, firefighters, emergency response vehicle drivers and drivers removing snow and ice, and it limits that waiver to the driver’s home State unless a reciprocity agreement exists with adjoining States. A discretionary State exemption is not a federal entitlement — whether it exists where you drive is a question for that State. § 2.1 showed a State adding requirements on top of the federal ones; this is the same State discretion running the other way. What each vehicle group demands of a driver is Chapter 3’s subject.

Key terms

Commercial driver’s licenseVehicle groupApplicabilityState discretionMilitary exception