Safety Enforcement

The mission of the Office of Commercial Vehicle Enforcement (CVE) is to prevent crashes and protect property by performing commercial motor vehicle inspections and enforcing Florida’s traffic laws.  Safety Enforcement is performed by CVE Troopers who have approximately 500 additional hours of commercial motor vehicle specialized training. Sections 316.302 and 316.70, Florida Statutes adopts the Federal Motor Carrier Safety Regulations found in Title 49 of the Code of Federal Regulations (49 CFR). Here is a video on how a North American Standard Level 1 Inspection is conducted in accordance with the Federal Motor Carrier Safety Regulations and the Commercial Vehicle Safety Alliance Inspection Procedures.

Interstate Carriers of Property

Section 316.302(1)(a), Florida Statutes adopts specific parts of the Federal Motor Carrier Safety Regulations for owners and drivers that are engaged in interstate commerce. These parts are 49 CFR Part 382, 49 CFR Part 383, 49 CFR Part 384, 49 CFR Part 385, 49 CFR Part 386, 49 CFR Part 390, 49 CFR Part 391, 49 CFR Part 392, 49 CFR Part 393, 49 CFR Part 395, 49 CFR Part 396, and 49 CFR Part 397. “Interstate commerce” is defined in 49 CFR 390.5 as “trade, traffic, or transportation in the United States – (1) Between a place in a State and a place outside of such State; (2) Between two places in a State through another State or a place outside of the United States; or (3) Between two places in a State as part of trade, traffic, or transportation originating or terminating outside the State or the United States.”

Intrastate Carriers of Property

Florida Statute 316.302(1)(b) adopts specific parts of the Federal Motor Carrier Safety Regulations for owners and drivers that are engaged in intrastate commerce. These parts are 49 CFR Part 382, 49 CFR Part 383, 49 CFR Part 384, 49 CFR Part 385, 49 CFR Part 386, 49 CFR Part 390, 49 CFR Part 391, 49 CFR Part 392, 49 CFR Part 393, 49 CFR Part 395, 49 CFR Part 396, and 49 CFR Part 397. “Intrastate commerce” is defined in 49 CFR 390.5 as “any trade, traffic, or transportation in any State which is not described in the term interstate commerce.”

Section 316.302, Florida Statutes gives some additional exceptions to “a person who operates a commercial motor solely in intrastate commerce not transporting any hazardous material in amounts that require placarding pursuant to 49 CFR Part 172.” “Person” is defined in section 316.003, Florida Statutes as “any natural person, firm, copartnership, association, or corporation.” Please contact your legal counsel to determine if these exceptions can be used.

Interstate and Intrastate Carriers of Passengers

Section 316.70, Florida Statutes adopts specific parts of the Federal Motor Carrier Safety Regulations to ensure the safe operation of nonpublic sector buses. These parts are 49 CFR Part 382, 49 CFR Part 385, 49 CFR Part 390, 49 CFR Part 391, 49 CFR Part 392, 49 CFR Part 393, 49 CFR Part 395, 49 CFR Part 396, and 49 CFR Part 397. “Nonpublic sector bus” is defined in Florida Statute 316.003 as “any bus which is used for the transportation of persons for compensation and which is not owned, leased, operated, or controlled by a municipal, county, or state government or a governmentally owned or managed nonprofit corporation.” Additionally, “bus” is defined in section 316.003, Florida Statutes as “any motor vehicle designed for carrying more than 10 passengers and used for the transportation of persons and any motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.”