the term "gross combination weight" refers to:the term "gross combination weight" refers to:

Until the ACFR grants it official status, the XML GVWR)[8] of 3,500kg (7,700lb). Examples of Gross Combined Vehicle Weight Rating in a sentence. and services, go to The term "Gross Combination Weight" refers to: Total weight of a powered unit, the trailer and the cargo. . Title 49 was last amended 6/22/2023. Navigate by entering citations or phrases Endorsement means an authorization to an individual's CLP or CDL required to permit the individual to operate certain types of commercial motor vehicles. Comments or questions about document content can not be answered by OFR staff. 1532 et seq. (i) Inputting, selecting, or reading information on a global positioning system or navigation system; or, (ii) Pressing a single button to initiate or terminate a voice communication using a mobile telephone; or. might allow for situations where combination vehicles are dangerously overloaded. L. 11758, 135 Stat. 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. L. 10756, 115 Stat. New definition is finally correct and makes it easy for people to understand. Dave Schofield expressed the same view. 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 . This revised definition provides a uniform means for motor carriers, drivers, and enforcement officials to determine whether a driver operating a combination vehicle is subject to the commercial driver's license (CDL) requirements (49 CFR Part 383) or the general safety requirements (49 CFR Part 390). 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. (a) As used in this Code section, the term: (1) "Gross combination weight rating (GCWR)" means the combined gross vehicle weight ratings of all vehicles in a combination of vehicles. The curb weight refers to how much a specific vehicle weighs when carrying a full fuel tank and all the standard equipment pieces. 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. 3501 et seq. This PDF is 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. Disqualification means any of the following three actions: (1) The suspension, revocation, or cancellation of a CLP or CDL by the State or jurisdiction of issuance. 2. This table of contents is a navigational tool, processed from the Office hours are from 9 a.m. to 5 p.m. 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. NTEA supported the second element of the definition, which defines GCWR as (among other things) the combined GVWRs of the towing unit and trailer. 13132 and determined that it does not have Federalism implications. . Anyone with a class C licence can drive class C1 vehicles.[9]. L. 109-59, 119 Stat. The amendments made by this rule are based on the Secretary's authority to regulate the safety and standards of equipment of for-hire and private carriers. ), including all cargo, fluids, passengers, and optional equipment. (ii) With a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, whichever is greater, of more than 26,001 pounds may utilize the exemptions in 390.39 anywhere in the State of registration or across State lines within 150 air miles of the farm or ranch with respect to which the . 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. Road damage rises steeply with axle weight, and is estimated "as a rule of thumb for reasonably strong pavement surfaces" to be proportional to the fourth power of the axle weight. 4114 and amended by secs. you don't need to back up more than ten feet. 1144, 1745; sections 32101(d) and 34934, Pub. 13045, Protection of Children from Environmental Health Risks and Safety Risks. 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. Under the Regulatory Flexibility Act, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (Title II, Pub. We can break the GVWR down further into three major elements: 1. 6. [13] This means that doubling the axle weight will increase road damage (2x2x2x2)=16 times. 1503 & 1507. Other Regulations Relating to Transportation, Federal Motor Carrier Safety Administration, Department of Transportation, Federal Motor Carrier Safety Regulations, Commercial Driver's License Standards; Requirements and Penalties, https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-383/subpart-A/section-383.5, Federal Motor Carrier Safety Administration, Department of Transportation. This rule therefore has not been formally reviewed by the Office of Management and Budget (OMB). This action will also result in consistent application of the rules by Federal and State enforcement personnel. There is no standard for dry weight, so it's open to interpretations.[5]. 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. FMCSA Response: The Agency agrees with their comments. the Federal Register. 31136(a)(5), this rule does not change the long-standing prohibitions and penalties against operating a CMV, as defined either in 49 CFR 383.5 or 49 CFR 390.5, without complying with applicable requirements. Controlled substance has the meaning such term has under 21 U.S.C. A commercial motor vehicle transporting an empty storage container tank, not designed for transportation, with a rated capacity of 1,000 gallons or more that is temporarily attached to a flatbed trailer is not considered a tank vehicle. A standard car driving licence issued by an EU country (i.e. It is imperative that the FMCSA drop the sum of the GVWRs definition and work with NHTSA to post the GCWR rating on the certification to promote safe operation of combination vehicles., TTMA and John Gregg argued that the GCWR of a vehicle should be the sum of its gross axle weight ratings (GAWR). 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 . (3) Refusal to undergo such testing as is required by any State or jurisdiction in the enforcement of 383.51(b) or 392.5(a)(2) of this subchapter. edition of the Federal Register. Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. Both the previous and revised definitions of GCWR include two alternative methods of determining GCWR, but the revised definition is simpler to understand and apply. The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 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. Gross combination weight rating (GCWR) can vary according to the model and manufacturing company of the vehicle. 1748, 1766, 1767; sec. Driver applicant means an individual who applies to a State or other jurisdiction to obtain, transfer, upgrade, or renew a CDL or to obtain or renew a CLP. Suggest a Term 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. The NPRM focused on a more immediate approach with minimal economic impact to the industry. 31136(a)(1)]; (2) the responsibilities imposed on operators of CMVs do not impair their ability to operate the vehicles safely [49 U.S.C. We recommend you directly contact the agency associated with the content in question. For the reasons stated above, FMCSA amends title 49, Code of Federal Regulations, chapter III, subchapter B, parts 383 and 390, as follows: 1. This final rule does not impose an unfunded Federal mandate, as defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. that agencies use to create their documents. [1] Has a gross vehicle weight rating, gross combination weight rating, gross vehicle weight, or gross combination weight of 4,536 kg (10,001 lbs.) The Agency is withdrawing questions 3 and 4 to 49 CFR 383.5 (62 FR 16369, 16395, April 4, 1997) and questions 3, 4, and 11 to 49 CFR 390.5 (62 FR 16369, 16406-16407, April 4, 1997). The gross trailer weight rating (GTWR) is the total mass of a road trailer that is loaded to capacity, including the weight of the trailer itself, plus fluids and cargo, that a vehicle is rated to tow by the manufacturer. ", "What is kerb weight and how much does your car weigh? Motor vehicle means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, except that such term does not include a vehicle, machine, tractor, trailer, semitrailer operated exclusively on a rail. 70105. 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. It does not include two-way or Citizens Band Radio services. Military services means the United States Army, Navy, Marine Corps, Air Force, and Coast Guard, and their associated reserve and National Guard units. 49 CFR 172.101 1 CFR 1.1 . 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. any vehicle other than those used for passenger transport) with a GVWR of over 7,500kg (16,500lb) must obtain a class C licence. For purposes of this definition in this part, the term "engine" includes internal combustion engines and other devices that convert chemical fuel into motive power. If you wish to comment on actions by employees of FMCSA, call 1-888-REG-FAIR (1-888-734-3247). 1012(b) of Pub. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996, FMCSA wants to assist small entities in understanding the effects of this final rule. FMCSA analyzed this final rule in accordance with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. These tools are designed to help you understand the official document The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. (3) A determination by the FMCSA that a person is not qualified to operate a commercial motor vehicle under part 391 of this subchapter. 31136(a)(2) and (3), respectively, and deals with 49 U.S.C. As a result, entities in a position to coerce drivers to operate in violation of the CDL requirements (49 CFR Part 383) or certain safety regulations (49 CFR Parts 390-399) will either ensure each of their decisions is consistent with the rules or be unable to avoid the fact that any decision inconsistent with the rules represents an act of coercion. This definition may differ from definitions used by governmental regulatory agencies or other organizations. A car driver licence is limited to driving vehicles up to a maximum GVM of 4,500kg (9,921lb). The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. If you have questions for the Agency that issued the current document please contact the agency directly. total weight of a powered unit and the trailer. Pressing enter in the search box Five commenters favored the proposed rule, six opposed it (for different reasons), and one comment did not directly address the proposed change. 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. legal research should verify their results against an official edition of Vehicle weight is a measurement of wheeled motor vehicles; either an actual measured weight of the vehicle under defined conditions or a gross weight rating for its weight carrying capacity. About the Federal Register Background and more details are available in the State and Federal laws set strict limits on the axle weight and gross weight of combination vehicles, irrespective of their GCWR. Driver's license means a license issued by a State or other jurisdiction, to an individual which authorizes the individual to operate a motor vehicle on the highways. *. In the EU a tractor can generally have 10 tonnes (22,000lb) on a single axle, with suspension type and number of tires often allowing slightly higher loads. 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; The final rule is effective April 18, 2014. [1][2] This rating is set by the vehicle . For the Catholic devotion, see, "Dry weight" redirects here. Register documents. Section 522 of title I of division H of the Consolidated Appropriations Act, 2005, enacted December 8, 2004 (Pub. L. 109-59, 119 Stat. "Published Edition". GVWR includes total vehicle weight plus fluids, passengers, and cargo. 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. The gross combined weight rating or gross combination weight rating (GCWR), also referred to as the gross combination mass (GCM), gross train weight (GTW), or maximum authorised mass (MAM), is the maximum allowable combined mass of a road vehicle, the passengers and cargo in the tow vehicle, plus the mass of the trailer and cargo in the trailer. Related to Gross Combined Weight Rating. Chapter 313]. This question could be decided only by the use of scales. The authority citation for part 383 continues to read as follows: Authority: 4136, Pub. Consequently, I certify that the final rule would not have a significant economic impact on a substantial number of small entities. Fatality means the death of a person as a result of a motor vehicle accident. The final GCWR definition therefore includes an 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 gross axle weight rating (GAWR) is the maximum distributed weight that may be supported by an axle of a road vehicle. [M]ost trucks and tractors do not include a GCWR on the FMVSS certification label, and when they do it could be misleading. . . This is the maximum allowable weight of a fully-loaded motorhome. A UK driving licence holder who passed his or her class B driving test in or before 1996 is limited to driving vehicles with a GVWR of 7,500kg (16,500lb) or less, including minibuses not used for hire or reward. Drivers, carriers and enforcement officials should not have to search manufacturers' product literature for the GCWR or FMCSA's Web site or commercial publications for regulatory guidance. The official, published CFR, is updated annually and available below under Back. . 03/18/2014 at 8:45 am. which of the following statements is true when you are performing a pre trip inspection on your brakes and suspense systems? You are responsible for not being overloaded. 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. This site displays a prototype of a Web 2.0 version of the daily Gross combination weight rating (GCWR) has the meaning given in 49 CFR 571.3. For the term gross combination weight (gcw) may also exist other definitions and meanings, the meaning and definition indicated above are indicative not be used for medical and legal or special purposes, all the information in our site are given for nonprofit educational purposes . The bottom line is that enforcement must have scales. provide legal notice to the public or judicial notice to the courts. Each document posted on the site includes a link to the The manufacturer's GCWR alone could not, and should not, exempt the driver of an overloaded vehicle from the applicable regulatory requirements. This is due to different testing techniques, differences in what is being excluded, and a lack of defining how testing was conducted by the organization doing the testing. You can learn more about the process 4. Sometimes large passenger or non-commercial vehicles such as RVs are exempt from this. 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. site when drafting amendatory language for Federal regulations: GCWR, however, is a weight rating of the vehicle but takes a hitched up trailer into account. Anyone looking to drive any vehicle with a GVWR of up to 3,5007,500kg (7,70016,500lb) must obtain a class C1 licence. citations and headings Electronic device includes, but is not limited to, a cellular telephone; personal digital assistant; pager; computer; or any other device used to input, write, send, receive, or read text. Having your customer sign the printed Summary Form from the iShowroomPro Job Rating Tool shows that the buyer recognizes the _____ of the truck being purchased. L. 106159, 113 Stat. Vehicle group means a class or type of vehicle with certain operating characteristics. By creating a definition that starts out by referencing a GCWR figure on the certification label, we believe many enforcement officials will assume that the certification labels require such a figure. and offers further clarification. Gross combined weight rating (GCWR) refers to the total mass of a vehicle including all trailers. Document page views are updated periodically throughout the day and are cumulative counts for this document. The GCW is actually the sum of the Gross Axle Weights (GAW) of the vehicles in the combination.. If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency. View the most recent official publication: These links go to the official, published CFR, which is updated annually. Federal Register. . 31309. Only official editions of the FMCSA has analyzed this final rule under E.O. FMCSA has determined that it is not a significant energy action under that order because it is not a significant regulatory action under E.O. [2] Organizations may also define curb weight with fixed levels of fuel and other variables to equalize the value for the comparison of different vehicles. 1748, 1766, 1767; sec. For example, many European Union manufacturers include the weight of a 75-kilogram (165lb) driver and luggage to follow European Directive 95/48/EC. informational resource until the Administrative Committee of the Federal In the absence of evidence that these vehicles are being used in combination, that is, to tow trailers, FMCSA believes it would be unfair (and for reasons of safety unnecessary) to use the manufacturer's GCWR to decide whether the driver and carrier must comply with the safety or CDL regulations. full text search results Laws vary from state to state, but typically vehicles over 10,000lb are required to stop at weigh stations. Instead, they should be able to rely on codified regulations that are accessible and easy to understand and implement. 5103 and is required to be placarded under subpart F of 49 CFR part 172 or any quantity of a material listed as a select agent or toxin in 42 CFR part 73. Some vehicle manufacturers have used the term shipping weight, which refers to the vehicle in as-built, no-option condition. Section 32911 of the Moving Ahead for Progress in the 21st Century Act (MAP-21) [Pub. Gross combination weight rating (GCWR) is defined in 49 CFR 383.5 and 390.5. 1144, 1726, 1743-1744); sec. Eligible unit of local government means a city, town, borough, county, parish, district, or other public body created by or pursuant to State law which has a total population of 3,000 individuals or less. This action provides a uniform means for motor carriers, drivers, and enforcement officials to determine whether a driver operating a combination vehicle is subject to the CDL requirements. Alien means any person not a citizen or national of the United States. . ., Mr. Nowak's second major contention is that the proposed definition could promote unsafe practices. Commercial vehicles over the 8,500lb threshold are required to have insurance under the Motor Carrier Act of 1980 and 49CFR 387.303. 4140, Pub. Moreover, the trailer's load, passengers, and vehicle capacity vary according to model and size. These markup elements allow the user to see how the document follows the Gross combination weight: Weight of tractor, trailer, and maximum load. . (2) Trade, traffic, and transportation in the United States that affects any trade, traffic, and transportation described in paragraph (1) of this definition. Vehicles over 6,000lb are restricted from some city roadways, although it is not always clear if this restriction is for actual curb weight or GVWR. DOT has a policy ensuring the rights of small entities to regulatory enforcement fairness and an explicit policy against retaliation for exercising these rights. total weight of a powered unit, the trailer and the cargo. On February 14, 2008, the CVSA petitioned FMCSA, among other things, to change the definition of GCWR which it said was proving problematic for inspectors and industry when determining what is considered to be a CMV and when a CDL is required. The Agency granted the petition on August 18, 2011, and agreed to initiate a rulemaking. Michael J. Schmidt, Sr., objected to any change in the current regulations. Gross combination weight rating (GCWR) - Maximum GCW specified . Register (ACFR) issues a regulation granting it official legal status. publication in the future. For access to the docket to read background documents, including those referenced in this document, or to read comments received, go to http://www.regulations.gov at any time and insert FMCSA-2012-0156 in the Keyword box, and then click Search. The docket is also available by going to the ground floor, Room W12-140, DOT Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. This will help eliminate differences of opinion between drivers and other entities regarding the applicability of the rules and previously published guidance. Beyond this, a different class of licence is required. Gross vehicle weight rating (GVWR) has the meaning given in 49 CFR 571.3. Hazardous materials means any material that has been designated as hazardous under 49 U.S.C. FMCSA also analyzed this final rule under the Clean Air Act, as amended (CAA), section 176(c) (42 U.S.C. 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. FMCSA has determined that this rule is not a significant regulatory action within the meaning of Executive Order (E.O.) Among other things, motor carriers are currently prohibited from using unqualified CMV drivers; and unqualified drivers are currently prohibited from operating CMVs. Brakes required. 214 and 215 of Pub. The NY DMV said that [t]he proposed rule clarifies the applicability of the safety regulations and provides a uniform means for motor carriers, drivers, and Federal and State enforcement officials to determine whether a driver operating a combination vehicle that does not display a GCWR, is subject to the CDL requirements. class B) limits the licence-holder to driving vehicles with a "maximum authorised mass" (i.e. Non-CMV means a motor vehicle or combination of motor vehicles not defined by the term commercial motor vehicle (CMV) in this section. L. 109-59, 119 Stat. 272, 297, sec. regulatory information on FederalRegister.gov with the objective of (4) A State removes the CLP or CDL privilege from the driver's license. 272, 297, sec. ), resulting in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $151 million (which is the 2012 inflation-adjusted value of the 1995 threshold of $100 million) or more in any 1 year.