NRMCA Comments on New Federal "Tank Vehicle" Definition

In late September, the Federal Motor Carrier Safety Administration (FMCSA) published in the Federal Register a new proposed definition of "tank vehicle" to be used for determining when CMV drivers need a tank vehicle endorsement. This latest development on the tank vehicle issue stems from confusion over FMCSA’s previous poor attempts to provide clarification on the definition of a tank vehicle. NRMCA believes the new definition definitively determines that the current, average concrete mixer truck configuration will not need a tank vehicle endorsement. On Monday, NRMCA submitted comments to FMCSA stating that belief and endorsing the proposed definition. Specifically, the new definition would read:

49 C.F.R. 383.5 Definitions

Tank vehicle:

(1) Means any commercial motor vehicle transporting, or designed to transport, any liquid or gaseous materials within:

           (i) A tank that is either permanently or temporarily attached or secured to the vehicle or chassis and has a rated capacity of 1,000 gallons or more; or

           (ii) Multiple tanks either permanently or temporarily attached or secured, when the aggregate rated capacity of those tanks is 1,000 gallons or more, as determined by adding the capacity of each individual tank with a capacity of more than 119 gallons.

(2) If a commercial motor vehicle transports one or more tanks that are manifested either as empty or as residue and that are actually empty or contain only residue, those tanks shall not be considered in determining whether the vehicle is a tank vehicle.