The new “Tank Vehicle” definition, which became effective and enforceable in all 50 states last summer, will likely have a disproportionate effect on the food commodity transportation sector due to the tendency to transport milk, creams, food syrups, and other liquid food products in a wide variety of tanks, intermediate bulk containers (“IBC’s”), and bladder bags. Those who are proactive in understanding the new definition and its impact are sure to have a competitive advantage over those who learn of it through law enforcement.

On May 9, 2011, the Federal Motor Carrier Safety Administration (“FMCSA”) published a final rule (“Final Rule”) amending the definition of a Tank Vehicle. The new definition expands the type and number of vehicles hauling tanks that now require a driver to carry a Tank Vehicle endorsement on his or her CDL.