Are mobile cranes operating in interstate commerce subject to the FMCSRs?
Guidance: Yes, the definition of CMV encompasses mobile cranes. Question 10: Does the FHWA define for-hire transportation of passengers the same as the former ICC did? Guidance: To the extent FHWA’s authority stems from 49 U.S.C. 31502 or other sections of Title 49 which are rooted in the Interstate Commerce Act, the FHWA is bound by judicial precedent and legislative history in interpreting that Act, much of which relates to the operations of the former ICC. However, since the MCSA of 1984 re-established the FHWA’s jurisdictional authority and resulted in a re-promulgation of the FMCSRs, the FHWA has been establishing its own precedents based on ‘‘safety’’ rather than ‘‘economics’’ as the overriding consideration. This has resulted in some deviation in the definition of terms by the two agencies, e.g., commercial zones, for-hire transportation, etc. The term ‘‘for-hire motor carrier’’ as defined in part 390 means a person engaged in the transportation of goods or passengers for compen
