CMV/MV Regulations in Maryland - It's the law!

Greetings all,

Just wanted to share some research for those of you who reside in Maryland and either operate an MV or are thinking about operating one. The laws regarding MV's (or a privately owned commercial vehicle) are very difficult to decipher and extremely hard to determine what applies and what does not, I -still- might have some information wrong, but just know that I've spoken to nearly a dozen officials to get as much clarity about the law as possible and read ever regulation dozens of times.

It is true that depending on WHO you talk to, they may have a different interpretation of the law, but what I've provided here is based on verification with Maryland State Highway Administration (SHA), Maryland State Police, and the Federal Motor Carrier Safety Administration (FMCSA). If you believe what I have posted is incorrect, please let me know. Again, this applies to Maryland only.

Some history, prior to my 5-ton M934A1, I owned a historic ambulance with a GVW of 18,900 lbs. I adhered to all applicable laws and held a DOT physical card (Maryland requires one to be carried when operating a commercial vehicle over 5T GVW - 2007 law).

Let's start by talking about WHY it is so hard to figure out what laws apply to you and what laws do not. The laws are written so incredibly confusing that I'm surprised that even the law makers can make any sense of this. Look at this example under the Application paragraph of the Code of Maryland Title 11, Section 21 - Commercial Motor Vehicles:

COMAR Title 11 Section 21.01.03 - Application.

A. Except as otherwise amended or exempted, these regulations are applicable to all trucks, truck tractors, trailers, semitrailers, pole trailers, converter dollies, combination vehicles, and buses having a gross vehicle weight rating or gross combination weight rating of 10,001 or more pounds.
B. These regulations apply to all interstate carriers and to those intrastate carriers:

(1) Transporting hazardous materials of a type and quantity requiring placarding under federal hazardous materials regulations; or
(2) Operating a vehicle designed to transport 16 or more passengers, including the driver.
​

C. The application provisions, amendments, and exemptions set forth in Regulations .05—.08 and .11—.14 of this chapter apply to those intrastate carriers not:

(1) Transporting hazardous materials of a type and quantity requiring placarding under federal hazardous materials regulations; or
(2) Operating a vehicle designed to transport 16 or more passengers, including the driver.​

D. The amendments and exemptions set forth in Regulations .09 and .10 of this chapter apply to interstate and intrastate carriers.
E. Regulations .04-1—.04-3 of this chapter apply to interstate carriers, intrastate carriers, and individuals driving a commercial motor vehicle requiring a commercial driver's license and employed by the State or a political subdivision of the State.
F. Regulation .04-4 of this chapter applies to interstate for hire carriers and intrastate for hire carriers with vehicles that exceed a gross vehicle weight rating of 26,000 pounds and are designed to carry property.

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Are you confused yet? I am. But let's look at bullet A. "Except as otherwise amended or exempted, these regulations are applicable to all trucks, truck tractors, trailers, semitrailers, pole trailers, converter dollies, combination vehicles, and buses having a gross vehicle weight rating or gross combination weight rating of 10,001 or more pounds."

(By the way, what's further confusing is that Maryland adopts the FMCSA's definition of a "Commercial Motor Vehicle" as their own, yet the FMCSA defines a commercial vehicle as one in "interstate commerce". I would recommend not trying to use this as a loophole to get you out of a ticket as Maryland has plenty of further definitions which talk about operating "intrastate".

Do the Maryland Commercial Motor laws apply to me? Yup! Is my M934A1 truck a commercial vehicle? Afraid so.. But I'm not using the vehicle for a "commercial" purpose, why do they apply to me? The definition of a "commercial vehicle" actually has nothing to do with the vehicle being used for commerce (as of 2002) but a combination of the type of vehicle, weight of the vehicle OR if it is being used for commerce may qualify it as a commercial vehicle (with some exceptions like RV's, Farm equipment, and emergency equipment like ambulances or firetrucks). FYI, Maryland defines what an emergency vehicle is and historic vehicles do not qualify, sorry guys!

Remember above when I said that in Maryland, ALL vehicles over 5T require Maryland Intrastate DOT numbers? If you read the law, it's a required identification of a vehicle over 5T GVW and in fact is included in the VEHICLE IDENTIFICATION section of the Transportation title! It's free, but I will warn you - you will be listed on Saferweb (FMCSA's safety search system) as Maryland actually obtains your DOT number from the FMCSA.

Update: The actual law itself regarding the MD DOT numbers being placed on your vehicle depends on the "registered" GVW of the vehicle. For historic vehicles in the State of Maryland, this field on your registration should be "0 N/A" and therefor the requirement is not met and you do not need ti display MD DOT numbers. If your registration has a GVW of OVER 10,000 lbs, you will need to display MD DOT numbers.

More info on Maryland DOT Numbers: Maryland SHA - DOT Numbers

So if you're caught without a Maryland DOT number on your vehicle and your registration has a GVW of over 10,000 lbs, you could get a ticket for improper vehicle identification! Not sure what that fine is, but I don't want to find out! Oh and by the way, I put my numbers on a magnetic sign so that I can remove them when I reach my destination.

Regarding weigh stations in Maryland, many of you might believe that you are not required to pull into weigh and inspection stations in Maryland. Guess what? ALL Tucks over 5T GVW are required to stop at ALL weigh stations in Maryland (varies by state), the definition of a truck excludes vehicles like School Buses, RVs, Farm equipment and emergency vehicles, but if your vehicle is a truck AND is over 5T GVW, you MUST pull into inspection stations. Now whether or not you'll be pulled over for passing the weigh station is another story. I for one do not want to take that risk! Technically, even U-Haul trucks over 5T GVW are required to stop, but none ever does...

Also as I mentioned above, you are required to carry a DOT physical card while operating a commercial motor vehicle over 5T along with a drivers license of an appropriate class with any required endorsements (like air brakes) to operate your vehicle. Most of us will need a CDL B w/ air brakes at a minimum.

Lastly, regarding vehicle safety. Maryland law requires that all commercial vehicles be operated in a safe manner and have certain safety equipment (like safety triangles, fuses, and a fire extinguisher) be carried on board at all times. If you are inspected and your vehicle is deemed unsafe to operate or is missing safety equipment, you may face penalties and may not be allowed to operate your vehicle!

If I am incorrect about anything about please let me know, I wish everyone the best of luck and free of trouble with the law

Good luck to you!
Bonte

I recovered a deuce from Maryland (because it wanted to live down South) and I remember wondering if I was expected to stop at the weigh stations - then I saw the reference to a 5T weight threshold at one of them. So, I played dumb and skated past all of them between there and Georgia. Who knows as you pass a new state line what new and different local bureaucratic hurdles you are expected to know and jump through. I kept expecting a DOT cop to be scrambled to 'splain it to me but I made it through unmolested.

I think the truck is happier in Georgia.

Geez, I'm glad my historic m813 has NO gvwr. Thats right, it was zeroed out by the state

jaxsof said:

Geez, I'm glad my historic m813 has NO gvwr. Thats right, it was zeroed out by the state

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Are you talking about the weight rating that's listed on your registration?


Edit: As far as the original post I tried to read the MD reg to see if there were any exemptions listed and all I can say is what the flock! That has got to be the worst laid out format for a regulation that I've ever seen. It looks like it was written in a way that requires you to pay a lawyer to interpret it.

Ruppster said:

Are you talking about the weight rating that's listed on your registration?


Edit: As far as the original post I tried to read the MD reg to see if there were any exemptions listed and all I can say is what the flock! That has got to be the worst laid out format for a regulation that I've ever seen. It looks like it was written in a way that requires you to pay a lawyer to interpret it.

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Yes, the registered weight of my M813 is N/A. As an historic vehicle, I am expressly forbidden from carrying anything that isnt historic vehicle, or organization (vehicle club) related.

As to your edit, Absolutely!!!
And two different lawyers will probably have two interpretations.

jaxsof said:

Yes, the registered weight of my M813 is N/A. As an historic vehicle, I am expressly forbidden from carrying anything that isnt historic vehicle, or organization (vehicle club) related.

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That's what I thought, just wanted to make sure that was what you were referring to before asking my next question. The way you brought it up makes me think you believe it exempts you from the rules posted by the OP. Is that correct?

Now I'm confused (again)

Ruppster said:

That's what I thought, just wanted to make sure that was what you were referring to before asking my next question. The way you brought it up makes me think you believe it exempts you from the rules posted by the OP. Is that correct?

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My title and registration too lists "0/NA" under the GCW and GVW's, this is the same for my ambulance as well. When I asked the DMV, they told me that they simply do not list the GCW and GVW on the title and registration.

Hmm, this is interesting though. jaxsof might be onto something. Page 45 of the Maryland Motor Carrier Handbook regarding the MD DOT Numbers lists this as the qualifier for needing a MD DOT Number:

• Trucks registered over 10,000 pounds
• Truck-tractors
• Buses

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Further, the announcement itself regarding MD DOT numbers from the SHA confirms the word "registered". Now, the question is, what does "registered" mean? Does this mean what appears on my registration or on my data plate?

The FAQ from the SHA conflicts with the above:

Why do I need a DOT number?
All motor carriers with a total GVW(gross vehicle weight) or GCW (gross combined weight) of over 10,000 pounds need a number

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Definition of a "motor carrier" from the handbook:

Motor Carrier: An individual, partnership, corporation, or other
public or private entity engaged in the transportation of goods or
persons.

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(Hmm, interesting that it says "motor carriers" and not "commercial vehicles", I've met some big folks but never anyone quite that heavy!)

I have left a message with the guy who wrote the Maryland Trucking Handbook at the SHA. Once I have a definitive answer, I will post an update! I also will ask him of the "0N/A" value exempts us from having to pull into weigh stations as the wording may be the same regarding "registered".

PS: Another question that came up is if a PM Log is required for us to keep if we have more than two vehicles (in my case, I own two). Motor carriers who operate only a single vehicle are exempt from keeping a PM Log.

@jaxsof - Regarding cargo - I did not find any regulation limiting the cargo to only historic purposes, can you point me to the title & section where this appears?

Good stuff guys!
Bonte

And jaxsof, I get your name now. lol

Bonte said:

...The laws are written so incredibly confusing that I'm surprised that even the law makers can make any sense of this. ..
Bonte

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Would you expect anything less in the People's Republic of Maryland? When I bought my rural land to build my home I researched the COMAR and the County code to determine what I could (and could not) do on my 40+ acres. I determined that I COULD camp (RV) on my property while I awaited the permits to build a house. Needless to say, grumpy neighbor (3/4 mile away) complained to zoning. Zoning said I could NOT camp in the RV. I quoted them Chapter and Section for the County code that said I could. They said hold on, well check..... and then "well that section is a little vague". I told them it was their problem, they wrote it, and it is not my problem.

Have not had any problems with my M1009. Just waiting to be pulled over for no license plate light. I have it on magnets on the rear gate next to the left tail-light.

Bonte, the name does have a reason, and it makes grown men giggle like schoolgirls.

FED Reg defines commercial as being used for commerce. Nor am I "engaged in the transportation of goods or persons."

And before we get into it, I am maintaniing, for now, that I do not need an IFTA to drive into another state. It is still a POV.

Update: I had an hour and a half call with an official at the SHA that is in the Motor Carrier department, we had a wonderful conversation and he was able to clarify a few things for me.

First off, @jaxof. You are absolutely correct! You do NOT have to display a MD DOT Number on your vehicle as long as your registration shows that your GVW is 10,000 lbs or less. In the case of historic vehicles, this value is 0 (It's 0 on both of my historic vehicles as well). The SHA Motor Carrier official and I read the section together which sets the requirements of having a Maryland DOT number. He confirmed that this is the number ON your registration and NOT the vehicle rating.

Because your registration has a 0 N/A for GVW, therefor you are not required to display an MD DOT Number on your vehicle. I'm going to remove my numbers off of my ambulance as there is no reason to have them due to this fact. If you are ever questioned by an officer in Maryland why you do not have MD DOT numbers, point out that the law says "registered" and Historic vehicles are exempt from GVW on their registration. (This is not a loophole, it is the law)

PS: He admitted in the 10 years that this law has been in effect, he has been telling folks that they need MD DOT Numbers, but he was unaware that for historic vehicles that the GVW is listed as 0 N/A.

Further, regarding weigh stations. There is no set law which says exactly what vehicles must enter weigh stations, HOWEVER - There is always a sign before a weigh or inspection station that tells you everything you need to know and if you should enter. For example, if the sign reads:

"All Trucks over 5T GVW must enter Weigh Station when flashing"

If you are driving a truck (yes, we are) and that truck has a GVW of 5T or greater, and the sign is flashing, you MUST enter regardless if your vehicle is being used personally and not for commerce. If you do not, you risk getting a ticket for not obeying a posted sign. U-Haul trucks that skip the weigh station can be pulled over (he admitted pulling over plenty of them for skipping the weigh). He told me that normally he let them off of the hook as long as they're using the truck personally, but he would put them through an inspection first

I've driven through dozens of weigh stations and not once did I get inspected. Usually I'm waved through, but sometimes they'll weigh me. Sure it takes up your time (and some fuel), but I'd hate to imagine what the ticket would cost or how many points I'd get for disobeying a traffic sign.

Bonte

jaxsof said:

And before we get into it, I am maintaniing, for now, that I do not need an IFTA to drive into another state. It is still a POV.

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Think that way all you want but you will be singing a different tune when they hit you with a ticket as it ain't cheap. The ATHS (American Truck Historical Society) has been fighting this issue for years as they had lawyers look this issue over and confirmed that there's no exemption for personal use. "POV" means nothing to the IFTA people. IFTA specifically states tandem axle vehicles, regardless of GVWR, fall under their rules. The ATHS has been working at getting antique registered trucks exempt from this for years but have not had any luck yet. Till then I would rather spend the few bucks it cost for a permit then risk another ticket. I do not want to repeat the $600 I had to pay NC when I got caught without permits in their state. But as I've mentioned before in other posts even though this is a federal program some states still exempt personal use vehicles. About half the states I've driven through over the years told me I didn't need permits since I wasn't for hire. But you won't know that till you call the state and ask them yourself. Till you do you're just playing Russian roulette. It's your wallet.

Bonte said:

Update: I had an hour and a half call with an official at the SHA that is in the Motor Carrier department, we had a wonderful conversation and he was able to clarify a few things for me.

First off, @jaxof. You are absolutely correct! You do NOT have to display a MD DOT Number on your vehicle as long as your registration shows that your GVW is 10,000 lbs or less.

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First off that's great news, thanks for posting it. I would give you rep points for it but it won't let me since I gave you rep points for your initial post a couple of days ago. As far as the phone call I hope you got his name and phone number. If you did I would write that down (along with the date and time of call) in your binder so if you have any issues with other MD CLEO's in the future you can tell them who told you you didn't need it.

I've driven through dozens of weigh stations and not once did I get inspected. Usually I'm waved through, but sometimes they'll weigh me. Sure it takes up your time (and some fuel), but I'd hate to imagine what the ticket would cost or how many points I'd get for disobeying a traffic sign.

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I hear you on that one. When I've driven my personal use semi trucks through other states if I did not know what the requirements were I would go ahead and hit the scales. It's a lot better to talk to the scale official in their office instead of making them chase me down and trying to talk to them on the side of the road after I pissed them off for not stopping. I would rather use up 50 cents in fuel if it means I don't have to worry about a $100 or more ticket. In all my cross country trips I've never been stopped for inspections but I have been stopped a few times for random log book checks. Each time they let me go on my way as soon as I told them I wasn't for hire.

Ruppster said:

Think that way all you want but you will be singing a different tune when they hit you with a ticket as it ain't cheap. The ATHS (American Truck Historical Society) has been fighting this issue for years as they had lawyers look this issue over and confirmed that there's no exemption for personal use. "POV" means nothing to the IFTA people. IFTA specifically states tandem axle vehicles, regardless of GVWR, fall under their rules. The ATHS has been working at getting antique registered trucks exempt from this for years but have not had any luck yet. Till then I would rather spend the few bucks it cost for a permit then risk another ticket. I do not want to repeat the $600 I had to pay NC when I got caught without permits in their state. But as I've mentioned before in other posts even though this is a federal program some states still exempt personal use vehicles. About half the states I've driven through over the years told me I didn't need permits since I wasn't for hire. But you won't know that till you call the state and ask them yourself. Till you do you're just playing Russian roulette. It's your wallet.

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I'm with you on that one. I would just get the trip permit and not worry about it. There is no exemption for personal use in the IFTA manual. Driving a deuce as I do it would clearly fall under the definition of a "qualified motor vehicle" in as much as it was "designed for the transportation of property and has three (3) or more axles regardless of weight"

[FONT=TimesNewRoman, serif]Also don't forget they tried to break the “Historic” registration into two parts in this last legislative session. I will bet that the registration would read “under 10000” or “over 10000” instead of the current N/A. This would then open a hole new list of regs to have to comply with.[/FONT]