37 Tex. Admin. Code § 16.2 – Commercial Motor Vehicles

(a) Commercial motor vehicles (CMV) means a motor vehicle or combination of motor vehicles used to transport passengers or property if the motor vehicle:
1. (1) has a gross combination weight rating (GCWR) of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating (GVWR) of more than 10,000 pounds. In determining the GVWR of the towed unit, the weight of all vehicles being towed will be added together;
2. (2) has a GVWR of 26,001 or more pounds;
3. (3) is designed to transport 16 or more passengers, including the driver; or
4. (4) is transporting hazardous materials and is required to be placarded in accordance with 49 Code of Federal Regulations, Part 172, Subpart F.
(b) Gross combination weight rating (GCWR) means the value specified by the manufacturer as the loaded weight of a combination (articulated) vehicle. If there is no manufacturer's specified value, gross combination weight rating is determined by adding the GVWR of the power unit and the total weight of the towed unit or units and any load on a towed unit. Gross vehicle weight rating (GVWR) means the value specified by the manufacturer as the loaded weight of a single vehicle.
1. (1) If the GVWR or GCWR cannot be determined, then the registered gross weight or the actual gross weight of the vehicle(s), whichever is greater, can be used for enforcement purposes in determining CDL requirements.
2. (2) For purposes of determining whether a vehicle can be used for taking a skills test to obtain a CDL, only vehicle(s) for which the GVWR or GCWR (as defined or calculated under 49 Code of Federal Regulations, Part 383.5, and Texas Civil Statutes, Article 6687b-2, §3(19), (20)) is known may be used. If the GVWR or GCWR cannot be determined, the vehicle(s) cannot be used for taking a skills test. If the GVWR plate is missing from the vehicle(s) but, based on the driver license employee's knowledge and experience, he/she believes the vehicle(s) is over 26,000 pounds, then the employee may permit the vehicle(s) to be used for a skills test.

Source Note:The provisions of this §16.2 adopted to be effective July 16, 1990, 15 TexReg 3806; amended to be effective November 18, 1993, 18 TexReg 8228.