49 U.S.C. Gross Combination Weight (GCW) is the actual weight of the fully loaded tow vehicle plus the towed vehicle (trailer, car, boat, etc. Even today, it is not uncommon for an enforcement official to assume the GCWR is required. Examples of Gross Combined Vehicle Weight Rating in a sentence. In the United States and Canada, the static tongue load, the weight of the trailer as measured at the trailer coupling, is generally recommended to be 1015% of the GTWR. Organization and Purpose ., Mr. Nowak's second major contention is that the proposed definition could promote unsafe practices. Non-CDL means any other type of motor vehicle license, such as an automobile driver's license, a chauffeur's license, or a motorcycle license. 1144, 1745; sections 32101(d) and 34934, Pub. Laws vary from state to state, but typically vehicles over 10,000lb are required to stop at weigh stations. 114, Pub. 1748, 1766, 1767; sec. total weight of the trailer and the load. (2) Any withdrawal of a person's privileges to drive a CMV by a State or other jurisdiction as the result of a violation of State or local law relating to motor vehicle traffic control (other than parking, vehicle weight or vehicle defect violations). GVWR and GCWR are used to specify weight limitations and restrictions. 4130-4132, Pub. (2) To an individual domiciled in another State meeting the requirements of 383.23(b)(2). but the term does not include house trailers, trailers of less than one-ton carrying capacity used to L. "gross vehicle weight" means the weight of a vehicle without load plus the weight of any load thereon; 31502(b)(2)]. electronic version on GPOs govinfo.gov. If your RV is composed of more than one unit (towing a trailer or a vehicle), then the GCW is the total weight of all connected vehicles and . The Gross Combination Weight Rating (GCWR) is the maximum allowable weight of the motorhome and the loaded trailer, or toad, that the motorhome can handle without the risk of being damaged. Enhanced content is provided to the user to provide additional context. Therefore, this final rule is categorically excluded (CE) from further analysis and documentation in an environmental assessment or environmental impact statement under FMCSA Order 5610.1, paragraph 6(b) of Appendix 2. 429, 777; and 49 CFR 1.87. While the FMCSA agrees that the display of the GCWR information on the Start Printed Page 15248certification label would be helpful, the Agency does not have the authority to adopt that requirement. 6. 2. 13045, Protection of Children from Environmental Health Risks and Safety Risks. Tank vehicle means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank or tanks having an individual rated capacity of more than 119 gallons and an aggregate rated capacity of 1,000 gallons or more that is either permanently or temporarily attached to the vehicle or the chassis. As a result, the definition might reduce safety because the driver and or carrier may assume that the [Agency's GCWR] number . Gross vehicle weight rating . FMCSA amends the Federal Motor Carrier Safety Regulations (FMCSRs) by revising the definition of gross combination weight rating (or GCWR) to clarify the applicability of the Agency's safety regulations for single-unit trucks (vehicles other than truck tractors) when they are towing trailers, and the GCWR information is not included on the vehicle manufacturer's certification label. and determined under our environmental procedures Order 5610.1 (69 FR 9680, March 1, 2004) that this action does not have any effect on the quality of the environment. (1) A State allows the driver to change his or her self-certification to interstate, but operating exclusively in transportation or operation excepted from part 391, as provided in 390.3(f), 391.2, 391.68 or 398.3 of this chapter; (2) A State allows the driver to change his or her self-certification to intrastate only, if the driver qualifies under that State's physical qualification requirements for intrastate only; (3) A State allows the driver to change his or her certification to intrastate, but operating exclusively in transportation or operations excepted from all or part of the State driver qualification requirements, or. Therefore, FMCSA did not consider the use of voluntary consensus standards. . Curb Weight. The term GCWR is an acronym that stands for "gross combination weight rating." It may not be a term that many drivers are familiar with, but it's certainly a number that's important to know, especially if you'll ever use your vehicle to tow a trailer. 4136, Pub. . 31502(b)(1)], and (2) qualifications and maximum hours of service of employees of, and standards of equipment of, a motor private carrier, when needed to promote safety of operation [49 U.S.C. Alcohol concentration (AC) means the concentration of alcohol in a person's blood or breath. 03/18/2014 at 8:45 am. (2) Trade, traffic, and transportation in the United States that affects any trade, traffic, and transportation described in paragraph (1) of this definition. A vehicle with a GVM up to 4,500kg is termed a light vehicle, while those over 4,500kg are termed heavy vehicles. 31136(a)(5)]. 1012(b) of Pub. Federal Motor Carrier Safety Administration, Purpose and Summary of the Major Provisions, V. Discussion of Regulatory Changes in Sections 383.5 and 390.5, E.O. A Rule by the Federal Motor Carrier Safety Administration on 03/19/2014. . . Quoting a dry weight can make a car's weight and power-to-weight figures appear far more favorable than those of rival cars using curb weight. L. 109-59, 119 Stat. 49 CFR 172.101 1748, 1766, 1767; sec. result, it may not include the most recent changes applied to the CFR. While a comment that constitutes a logical outgrowth of an NPRM may be considered within the scope of a rulemaking under the requirements of the Administrative Procedure Act, adoption of a far-reaching alternative regulatory scheme, like that proposed by TTMA and Mr. Gregg, without prior discussion would test the limits of those doctrines. will bring you directly to the content. The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. The term "Gross Combination Weight" refers to: *. The previous definition said that [i]n the absence of a value specified by the manufacturer, GCWR will be determined by adding the GVWR of the power unit and the total weight of the towed unit and any load thereon. As explained above, this meant that scales were typically needed to determine GCWR. "Published Edition". [1][2] This rating is set by the vehicle . The term "police vehicle" means a vehicle used by a peace officer for law enforcement purposes that is owned or leased by a city or is a private vehicle owned or leased by the peace officer and . Recreational vehicles (RVs), boat trailers, trailers, or commercial trucks with exposed storage racks or more than four (4) wheels or exceeding a Gross Combined Vehicle Weight Rating (GCVWR) of 12,000 pounds must park in the designated RV Parking Area.. For the operation of a passenger vehicle Gross Combined Vehicle Weight Rating . to the courts under 44 U.S.C. L. 106-159, 113 Stat. Texting means manually entering alphanumeric text into, or reading text from, an electronic device. Please do not provide confidential A bridge formula does not reduce axle load allowance, rather gross vehicle weight (GVW), which can affect load distribution and actual axle weights.[16][17][18]. Military services means the United States Army, Navy, Marine Corps, Air Force, and Coast Guard, and their associated reserve and National Guard units. Gross combination weight: Weight of tractor, trailer, and maximum load. Comments or questions about document content can not be answered by OFR staff. Vehicles or combinations with a GVWR over 26,000lb (11,793kg) generally require a Commercial Driver License (CDL) or a Non-Commercial Class "A" or "B" license. FMCSA Response: The recommendation to require manufacturers to list the GCWR on the certification label is beyond the scope of this rulemaking. Gross combination weight rating means the value specified by the manufacturer as the loaded weight of a combination or articulated vehicle;. Additional Information. This document has been published in the Federal Register. The term "Gross Combination Weight" refers to: Total weight of a powered unit, the trailer and the cargo. The rule will provide clear criteria for determining the applicability of the FMCSRs when the GCWR is the deciding factor. GCWR, however, is a weight rating of the vehicle but takes a hitched up trailer into account. will bring you to those results. 1748, 1766, 1767; sec. . Although neither the MCSA nor the CMVSA referred explicitly to combination vehicles, Congress clearly did not intend to exempt this huge population of vehicles from the safety regulations applicable to CMVs. "Dry mass" redirects here. . Consequently, I certify that the final rule would not have a significant economic impact on a substantial number of small entities. 52 FR 20587, June 1, 1987, unless otherwise noted. or . For the defunct airport, see, "GAWR" redirects here. . If you have questions for the Agency that issued the current document please contact the agency directly. Costs, if any, will be borne by motor carriers and drivers who had previously concluded, based on the wording of the GCWR definition, that their operations were not subject to certain safety regulations, but now will comply with the applicable rules. 31136(a)]. be amended to show that in no case shall the GCWR exceed the sum of the [GAWRs] of the power unit and the towed unit(s). Mr. Gregg pointed out that [t]he GCW is not the sum of the GVWs when the connections between the vehicles transfer vertical loads, such as 5th wheel hitches. This definition may differ from definitions used by governmental regulatory agencies or other organizations. . L. 106159, 113 Stat. Mr. Gary Siekmann, Office of Enforcement, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001, by telephone at (202) 493-0442 or via email at Garry.Siekmann@dot.gov. (iii) Using a device capable of performing multiple functions (e.g., fleet management systems, dispatching devices, smart phones, citizens band radios, music players, etc.) The new definition also allows enforcement officers to combine actual weights with GVWRs and to treat the heaviest combined value as the GCWR. This table of contents is a navigational tool, processed from the Military service member means a member of the United States Army, Navy, Marine Corps, Air Force, and Coast Guard, and their associated reserve, and National Guard units. legal research should verify their results against an official edition of The better method for determining the GCWR of a combination vehicle is to add the GVWRs or GVWs of the power unit and the towed unit(s).. The United States Environmental Protection Agency regulations define curb weight as follows: Curb weight means the actual or the manufacturer's estimated weight of the vehicle in operational status with all standard equipment, and weight of fuel at nominal tank capacity, and the weight of optional equipment computed in accordance with 86.183201; incomplete light-duty trucks shall have the curb weight specified by the manufacturer.[3]. 1673, 1677-1678; secs. FMCSA does not share SAE's apparent belief that vehicle operators would load their combinations to a GCWR allowed by this rule that might exceed the GCWR established by the manufacturer of the towing vehicle. 405, 818, July 6, 2012] enacted a fifth requirement, i.e., that the regulations ensure that (5) an operator of a commercial motor vehicle is not coerced by a motor carrier, shipper, receiver, or transportation intermediary to operate a commercial motor vehicle in violation of a regulation promulgated under this section, or chapter 51 [Transportation of Hazardous Material] or chapter 313 [Commercial Motor Vehicle Operators] of this title [49 U.S.C. Section 31136(a) requires the Secretary to publish regulations on commercial motor vehicle (CMV) safety. The Agency expects the rule to reduce the risk of driver coercion. Five commenters favored the proposed rule, six opposed it (for different reasons), and one comment did not directly address the proposed change. Employee means any operator of a commercial motor vehicle, including full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner-operator contractors (while in the course of operating a commercial motor vehicle) who are either directly employed by or under lease to an employer. *. A CDL is also required for certain vehicles under 26,000lb GVWR, such as buses and for-hire passenger vehicles of 16 or more passengers, all vehicles transporting placarded hazardous materials or wastes regardless of weight or load class, and any vehicle towing a trailer with a Gross Trailer Weight over 10,000lb (4,536kg) where the combined weight is greater than 26,000lbs. We can break the GVWR down further into three major elements: 1. Alien means any person not a citizen or national of the United States. GCW. CVSA said that it strongly supports FMCSA's proposal to change the definition of `Gross Combination Weight Rating' in Parts 383 and 390 to read as indicated in the NPRM. Under the Regulatory Flexibility Act, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (Title II, Pub. CDL driver means a person holding a CDL or a person required to hold a CDL. It is significantly less than the weight of a vehicle in a driveable condition and therefore rarely used. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through OMB, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. The current regulation is sufficient as it reads.. you don't need to back up more than ten feet. This rule does not require the collection of any personally identifiable information. It is not an official legal edition of the Federal The Truck & Engine Manufacturers Association also expressed no concern over that possibility. should verify the contents of the documents against a final, official A driver should look _______ ahead of the vehicle while driving. The term gross freight denotes the freight money collected or to be collected without calculating the expenses relating to the running cost of the ship for the voyage undertaken. Navigate by entering citations or phrases No matter if your vehicle is SUV or truck, they will have different GCWR. . 49 U.S.C. . Gross combination weight rating (GCWR) - Maximum GCW specified . 70105. The definition as proposed, while well intentioned, is likely to exacerbate this situation. NTEA therefore recommended that GCWR be defined simply as the GVWR of the towing unit added to the GVWR of the trailer(s). View the most recent official publication: These links go to the official, published CFR, which is updated annually. This rule therefore has not been formally reviewed by the Office of Management and Budget (OMB). Gross combination weight rating (GCWR) is the greater of: (1) A value specified by the manufacturer of the power unit, if such value is displayed on the Federal Motor Vehicle Safety Standard (FMVSS) certification label required by the National Highway Traffic Safety Administration, or. 40-8-50. When they see a label without a GCWR figure they will, incorrectly, cite the driver/owner for a false or incorrect label. full text search results Conviction means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated. the current document as it appeared on Public Inspection on When issued to a CDL holder, a CLP serves as authorization for accompanied behind-the-wheel training in a CMV for which the holder's current CDL is not valid. The CE under paragraph 6(b) addresses rulemakings that make editorial or other minor amendments to existing FMCSA regulations. 802(6) and includes all substances listed on schedules I through V of 21 CFR 1308 ( 1308.11 through 1308.15), as they may be amended by the United States Department of Justice. As used in this title, the term: . The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. ), and implementing regulations promulgated by the Environmental Start Printed Page 15250Protection Agency. Fatality means the death of a person as a result of a motor vehicle accident. . 552a note), requires the Agency to conduct a privacy impact assessment (PIA) of a regulation that will affect the privacy of individuals. [FR Doc. Section 522 of title I of division H of the Consolidated Appropriations Act, 2005, enacted December 8, 2004 (Pub. Vehicle means a motor vehicle unless otherwise specified. This will help eliminate differences of opinion between drivers and other entities regarding the applicability of the rules and previously published guidance. The 1935 Act provides that the Secretary may prescribe requirements for (1) qualifications and maximum hours of service of employees of, and safety of operation and equipment of, a motor carrier [49 U.S.C. Accordingly, we agree with FMCSA that the GCWR specified on the certification label of a truck or truck tractor should only serve as an optional element of the GCWR definition. While the Agency believes that the rule will adversely affect few, if any, small businesses, organizations, or governmental jurisdictions, any questions concerning its provisions or options for compliance should be directed to, the FMCSA personnel listed in the FOR FURTHER INFORMATION CONTACT section of the final rule. 1012(b) of Pub. Commercial driver's license information system (CDLIS) means the CDLIS established by FMCSA pursuant to section 12007 of the Commercial Motor Vehicle Safety Act of 1986. . Exception: The GCWR of the power unit will not be used to define a commercial motor vehicle when the power unit is not towing another vehicle. The cost, if any, will be borne by motor carriers and drivers who had previously Start Printed Page 15249concluded, based on the wording of the definition of GCWR, that their operations were not subject to certain safety regulations, but who now will comply with the applicable rules. L. 112-141, 126 Stat. 1503 & 1507. The gross axle weight rating (GAWR) is the maximum distributed weight that may be supported by an axle of a road vehicle. The GCWR is a function of the torque output of the engine, the capacity and ratios of the transmission, the capacity of the driving axles and tires, the capacity of the radiator, and the ability of the chassis to withstand that torque. The CMVSA required the Secretary of Transportation, after consultation with the States, to prescribe regulations on minimum uniform standards for the issuance of CDLs by the States and the information to be contained on each license (49 U.S.C. total weight of a powered unit and the trailer. which of the following statements is true when you are performing a pre trip inspection on your brakes and suspense systems? For a motorcycle, wet weight is the equivalent term. is available with paragraph structure matching the official CFR has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight of 4,537 kg (10,001 lbs.) daily Federal Register on FederalRegister.gov will remain an unofficial the material on FederalRegister.gov is accurately displayed, consistent with publication in the future. The NPRM proposed to remove FMCSA's regulatory guidance on certain issues because the revised GCWR definition would make it unnecessary. (2) The sum of the gross vehicle weight ratings (GVWRs) or the gross vehicle weights (GVWs) of the power unit and the towed unit(s), or any combination thereof, that produces the highest value. 405, 830; sec. The rating for gross combined weight or gross combination weight is determined for the vehicle based on the strength of its frame, suspension, axles and other towing-related components. might allow for situations where combination vehicles are dangerously overloaded. A standard car driving licence issued by an EU country (i.e. . The authority citation for part 383 continues to read as follows: Authority: State means a State of the United States and the District of Columbia. the hierarchy of the document. Federal Motor Carrier Safety Administration (FMCSA), DOT. Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. 3.2 Weight and Balance. or existing codification. . developer resources. Commercial motor vehicle (CMV) means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle is a, (1) Combination Vehicle (Group A)having a 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, (2) Heavy Straight Vehicle (Group B)having a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 pounds or more), whichever is greater; or, (3) Small Vehicle (Group C) that does not meet Group A or B requirements but that either, (i) Is designed to transport 16 or more passengers, including the driver; or.
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