Motor Carrier Safety Regulations for Passenger Carriers

Airport Ground Transportation Association

Spring Conference 2013

Asheville, NC

Where Do You Fit In?

Federal Motor Carrier Safety Regulations (FMCSRs):

“applicable to all employers, employees, and commercial motor vehicles, which transport property or passengers in interstate commerce”

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Key Definitions

¤ Interstate Commerce – means trade, traffic, or transportation in the US—

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

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Key Definitions

¤ Trade –

1.  the act or process of buying, selling, or exchanging commodities, at either wholesale or retail

2.  a purchase or sale; business deal or transaction.

3.  an exchange of items, usually without payment of money.

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Interstate Examples

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Interstate Examples

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Interstate Examples

The intention existing at the time of the movement starts fixes the character of the movement/traffic

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Interstate Examples

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Interstate Examples

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Interstate Examples

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A Different Approach…

¤ Regardless of the classification of the movement (inter vs. intrastate), the Federal rules for interstate movements will likely apply

¤ What becomes more important than the classification of the movement are the related definitions and exemptions that exist in the FMCSRs

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State Motor Carrier Safety Regulations

¤ Applicable to intrastate movements

¤ Each State has their own set of rules

¤ Many times closely mirror FMCSRs

¤ Changes often pertain to age and medical requirements, though also may include vehicle classification

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More Key Definitions in FMCSRs

¤ Commercial Motor Vehicle- any self-propelled or towed motor vehicle used to transport passengers or property when the vehicle—

1.  Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more, whichever is greater; or

2.  Is designed or used to transport more than 8 passengers (including the driver) for compensation; or

3.  Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation

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More Key Definitions in FMCSRs

¤ Vehicle classification - “Designed to transport”

¤ Number of original or current seating positions, including driver ¤  Does not include standee positions

¤ Re-configuration does not necessarily change classification

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More Key Definitions in FMCSRs

Types of carrier: For-hire vs. Private

¤ For-hire carrier – engaged in the transportation of goods or passengers for compensation:

1.  Carrier provides transportation of passengers for a commercial purpose;

2.  Carrier is compensated, either directly or indirectly, for the transportation service provided; and

3.  The transportation service is generally available to the public at large.

Specific examples cited: Hotel bus service

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More Key Definitions in FMCSRs

¤ Private carrier - provides transportation of property or passengers, by commercial motor vehicle, and is not a for-hire motor carrier

¤ PMCP-Business – engaged in the transportation of passengers which is provided in the furtherance of a commercial enterprise and is not available to the public at large

¤ PMCP Non-business – all other PMCPs

Specific PMCP examples cited:

Companies that use buses to transport their own employees

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Pause, Blink & Breathe !

You Should Now

Be Able To Figure Out

How You Are Classified

As A Carrier

1. For-Hire or Private 2. If Private, type of PMCP

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MORE Key Definitions

¤ Commercial Motor Vehicle (CMV):

1.  Has a gross vehicle weight rating (GVWR) of 10,001 pounds or more; or

2.  Is designed or used to transport more than 8 passengers (including the driver) for compensation; or

3.  Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation

Interpretation:

(1)  BUS (2) For-hire vehicle > 8 passengers (3) PMCP >15 passengers

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Common Misconception

CMV = Commercial Driver License

CMV

GVWR > 10,000 lbs.

OR

9-15 pax (incl. driver)

CDL

GVWR > 26,000 lbs

OR

16+ Passengers (incl. driver)

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Key Regulatory Areas

¤ Part 382: Drug & Alcohol [tied to CDL]

¤ Part 390: FMCSRs, General

¤ Part 391: Driver Qualification

¤ Part 392: Driving of CMVs

¤ Part 393: Parts & Accessories

¤ Part 395: Hours of Service

¤ Part 396: Vehicle Maintenance

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Key Exemptions in FMCSRs Regarding Applicability

¤ 390.3(f)(2) - Transportation performed by the Federal government, a State, or any political subdivision of a State…. [blanket exemption]

¤ 390.3(f)(6) - The operation of commercial motor vehicles designed or used to transport between 9 and 15 passengers (including the driver), not for direct compensation…. [a few specific regulations still apply]

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Regulatory Fines, Authority Issues

Does It Really Matter? Consequences…

Litigation Liability Exposure

Punitive Damages

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Other Considerations …

¤ Americans with Disabilities (ADA)

¤ Carrier Vetting/Selection

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Daecher Consulting Group provides professional and expert services in a variety of areas within the transportation, safety and insurance industries. Our areas of focus and expertise are commercial vehicle and passenger transportation operations.

Please visit our website at www.safetyteam.com to learn more about us and find detailed contact information.

Contact Info

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Matthew Daecher

matt@safetyteam.com

(717) 975-9190