The regulatory guidance is presented in a question-and-answer format. The guidance is generally applicable to drivers, commercial motor vehicles (CMVs), and motor carrier operations subject to the FMCSRs.

All prior interpretations and regulatory guidance concerning the applicability of the FMCSRs to operations of mobile cranes in interstate commerce issued in the Federal Register, as well as memoranda and letters, may no longer be relied upon as authoritative if they are inconsistent with the guidance published on August 27. This guidance will provide the motor carrier industry and federal, state, and local law enforcement officials with uniform information for assessing the applicability of the FMCSRs to the operations of mobile cranes. The effective date of guidance was immediate.

The Notice included changes to guidance to 49 CFR Part 390, specifically, §390.5 Definitions. It replaced Question 9 to read as follows:

Question 9: Are mobile cranes operating in interstate commerce considered CMVs, and are they subject to the FMCSRs? Guidance: The definition of CMV encompasses mobile cranes. Unlike the off-road motorized construction equipment discussed in Guidance Questions 7 and 8 above, mobile cranes are readily capable of traveling at highway speeds, over extended distances, and in the mixed traffic of public highways. Although the functions a crane performs are distinct from the transportation provided by a truck, the ready mobility of the crane depends on its permanent integration with a truck chassis. The truck chassis is equipped with wheels, tires, brakes, a suspension system, and other components. The mobile crane itself, like an empty CMV (see Guidance Question 6), is considered property.

Return to Archives