The Federal Motor Carrier Safety Regulations (FMCSRs) generally apply to all employers, employees, and commercial motor vehicles involved in the transportation of passengers across state lines and any other operation deemed to be operating in interstate commerce. The major categories of passenger-carrying vehicles subject to regulation include for-hire motor carriers, private motor carriers of passengers (both business and non-business), and school buses. The FMCSRs and the requirements of the Americans with Disabilities Act exist at all levels of passenger transport, from small private church groups to large tour operators, with certain exceptions.

• A passenger carrier is a commercial motor vehicle (CMV) subject to Federal Motor Carrier Safety Regulations (FMCSRs) if it is used to transport in interstate commerce eight or more passengers for compensation; or 15 or more passengers not for compensation.
• The FMCSRs may apply to passenger carriers whether the vehicles are leased, borrowed, rented, or owned, and whether empty or loaded.

A commercial eight-passenger van that weighs less than 10,000 pounds, which is not normally regulated as a CMV, could become subject to the FMCSRs if pulling a trailer. In general, the FMCSRs apply to all employers, employees, and CMVs involved in the transportation of passengers or property across state lines for a commercial purpose (known as “interstate commerce”). This can include companies that operate vehicles for their own private use — such as a professional orchestra using buses for concert tours — as well as those transporting passengers for compensation (for-hire), such as a charter bus service.

The FMCSRs may apply whether the vehicles are leased, borrowed, rented, or owned, and whether empty or loaded. In some cases, vehicles operating strictly within a single state (operating in intrastate commerce) are also subject to the rules.

Applicability and exceptions

Some exemptions from all or portions of the regulations do exist, however, often based on the size of the vehicle or the type of operation. The applicability of and exceptions from the FMCSRs are found in 390.3 with important definitions provided in 390.5. Also, under 390.9, state and local governments are not precluded from adopting and enforcing state and local vehicle safety rules if those rules don’t prevent full compliance with the FMCSRs.

To review FMCSA guidance on several passenger-carrying vehicle scenarios refer to Appendix A of Part 390. Scenarios include but are not limited to:

• Passengers using air and ground transport – A move can be in interstate commerce even if the ground transportation is entirely in one state, which means the Federal Motor Carrier Safety Regulations (FMCSRs), not state regulations, apply unless otherwise exempt.
  • Hotel, parking, and car rental shuttles receive indirect compensation via the rate paid for a package of services. These are for-hire operations requiring interstate authority when travel is incidental to air travel.
• Education-related transportation at private and government-run schools – Contractors to school districts and non-profit, private schools with extracurricular activity trips were covered.
• Faith-based organizations – Any compensation for interstate trips can make a faith-based organization subject to FMCSRs.
• Employer-related transportation – If any compensation is received from employees, the operation is for-hire. FMCSRs apply if the move is in interstate commerce, involves compensation, and the vehicle otherwise meets the definition of a CMV from 390.5.
  • If the vehicle movement involves no compensation, is rated to carry 15 or fewer passengers, including the driver, and is less than 10,001 pounds, FMCSA does not regulate the vehicle or driver.
• Assisted living facilities – If engaged in transportation using CMVs across state lines, FMCSA regulates these operations due to the indirect compensation received from the residents’ fees, unless exempt from many FMCSRs under 390.3(f)(6).
• Youth camps – Applicable regulations when crossing state lines.

Key definitions

For purposes of the FMCSRs:

• An employer is any person engaged in a business affecting interstate commerce who owns or leases a CMV in connection with that business, or assigns employees to operate it.
• An employee is any individual (other than an employer) who is employed by an employer and who, in the course of that employment, directly affects CMV safety. This includes drivers (including independent contractors), but also, mechanics or anyone else who might affect the safety of vehicle operations.

For purposes of most of the FMCSRs, the definition of “commercial motor vehicle” (CMV), found in 390.5, is any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle:

• Is designed or used to transport 9 or more passengers (including the driver) for compensation; or
• Is designed or used to transport 16 or more passengers (including the driver) not for compensation; or
• Has a gross vehicle weight rating (GVWR), gross combination weight rating (GCWR), gross vehicle weight (GVW), or gross combination weight (GCW) of 10,001 pounds or more, whichever is greater; or
• Is used to transport a certain amount of hazardous materials.

Based on this definition, the FMCSRs do not apply to CMVs which weigh or are rated at 10,000 pounds or less unless they transport enough passengers (or hazardous materials).

The CMV definition includes combinations of vehicles that by themselves may not be regulated. For example, a commercial eight-passenger van that weighs less than 10,000 pounds and which is not normally regulated as a CMV could become a regulated CMV when pulling a trailer, potentially making it subject to the FMCSRs.

Note also that a different CMV definition is used for the commercial driver’s license (CDL) and drug/alcohol testing regulations under Parts 382 and 383. These regulations apply to interstate or intrastate vehicles weighing or rated at 26,001 pounds or more, designed to transport 16 or more passengers (including the driver), or placarded for hazardous materials (see 382.107 and 383.5).

• Commercial motor vehicle (CMV) operations exempt from most of the Federal Motor Carrier Safety Regulations (FMCSRs) include, but are not limited to, school buses, transportation performed by the government, and the occasional transportation of personal property without compensation.
• An exemption applies to carriers providing direct emergency assistance to help save lives or property or to protect public health or safety during a government-declared emergency.
• CMV drivers and motor carriers can apply for limited waivers or exemptions from the FMCSRs.

Section 390.3 describes the types of operations that are exempt from most of the Federal Motor Carrier Safety Regulations (FMCSRs) (although not exempt from the commercial driver’s license (CDL) or drug/alcohol testing regulations in 382 and 383):

• All school bus operations (between home and school) as defined in 390.5;
• Transportation performed by the federal government or a state or local government (but not including transportation by contractors or others on behalf of the government);
• The occasional transportation of personal property by individuals when there is no compensation involved and the transportation is not business-related;
• The transportation of human corpses or sick and injured persons;
• The operation of rescue vehicles while involved in emergency and related operations; and
• The operation of CMVs designed to transport between 9 and 15 passengers (including the driver), not for direct compensation (these operations, however, are not completely exempt from the FMCSRs).

Refer to 390.5 for important definitions.

“Emergency” exemptions

Sections 390.23 and 390.25 provide for an exemption from all of Parts 390-399 of the FMCSRs for carriers that are providing direct emergency assistance to help save lives or property or to protect public health and safety during a government-declared emergency. Each governmentally-declared emergency exemption can be different with respect to applicable and exempt regulations so understanding the specifics of each one is imperative. The emergency exemption may only be used when an authorized FMCSA, federal, state, or local official has declared an emergency, and may only be used while providing direct assistance, but no more than 5 days for a local emergency or 30 days for a regional emergency.

Applying for a waiver or exemption

Drivers and motor carriers can apply for their own limited waivers or exemptions from the rules. Waivers and exemptions both provide temporary relief from one or more of the FMCSRs, but waivers are only good for up to three months while exemptions are good for up to five years and can be renewed. The process for applying for a waiver or exemption can be found in Part 381.

• For-hire carriers must provide interstate transportation of passengers for direct or indirect compensation and generally provide the service to the public at large.
• Passenger-carrying vehicles less than 10,001 pounds and designed to carry 9 to 15 passengers (including the driver) with no compensation involved, are excluded from the definition of a commercial motor vehicle (CMV) and not subject to the Federal Motor Carrier Safety Regulations (FMCSRs).

For-hire motor carriers of passengers provide transportation of passengers in exchange for some sort of compensation. Examples of for-hire passenger transportation include intercity bus services, charter bus services, canoe rental company bus services, and hotel bus services.

Factors required to classify a carrier as “for-hire”

According to the Federal Motor Carrier Safety Administration, three factors need to be present before a motor carrier of passengers is classified as a for-hire carrier:

1. The motor carrier provides interstate transportation of passengers for a commercial purpose;
2. The motor 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 (although it does not have to be).

For-hire motor carriers of passengers are subject to all the FMCSRs, with possible exceptions based on vehicle weight, capacity, and method of compensation.

Methods of compensation

The following are considered the two methods of compensation:

1. Direct compensation means payment made to the motor carrier by the passengers or a person acting on behalf of the passengers for the transportation services provided, and not included in a total package charge or other assessment for highway transportation services.
2. Indirect compensation exists when the cost of transportation is included in a total package charge for services such as in a tour group or rafting trips with package rates, as well as assisted living facilities with general fees or assessments for various services, including transportation, contained in the total facility charge to all residents.

Vehicle weight and capacity

Passenger-carrying vehicles weighing less than 10,001 pounds and designed to carry 9 to 15 passengers including the driver, with no compensation (direct or indirect) involved, are not subject to the FMCSRs and are excluded from the definition of a “commercial motor vehicle” in 390.5. The operation of such vehicles is exempt from the FMCSRs even if the carrier operates other vehicles that are subject to the safety regulations. An example of “no compensation” would be a company transporting employees without collecting fees from employees or a private school paying for transportation exclusively out of the school’s general budget.

• For-hire regular-route passenger carriers must comply Part 374 and the Americans with Disabilities Act requirements along with the regulations in Parts 380 to 399.

Part 374 of the FMCSRs contains miscellaneous requirements for passenger carriers, covering diverse issues from discrimination and smoking to charter rights and bathroom conditions. The following is an overview of the requirements; refer to Part 374 for details on the respective Sections and Subparts.

Discrimination: Part 374 Subpart A

Interstate motor carriers of passengers that provide transportation to the public for a fee may not base their seating practices on the basis of race, color, creed, or national origin. Every ticket sold must include a plainly legible notice that reads: “Seating aboard vehicles operated in interstate or foreign commerce is without regard to race, color, creed, or national origin.” Discrimination is also prohibited within terminal facilities.

Each interstate carrier of passengers must ensure that its terminal facilities have a visible sign or placard containing the full text of the Part 374 anti-discrimination regulations and captioned: “Public Notice: Regulations Applicable to Vehicles and Terminal Facilities of Interstate Motor Carriers of Passengers, by order of the Secretary, U.S. Department of Transportation.” Any interference, by any person or government body, with a carrier’s observance of the antidiscrimination requirements must be reported within 15 days to the DOT, including a description of the actions the carrier may have taken to eliminate the interference.

Smoking: Part 374 Subpart B

Interstate motor carriers of passengers that provide transportation to the public for a fee must prohibit smoking on vehicles transporting passengers in scheduled or special service.

Chartered trips are exempt from this. Carriers have to make passengers, drivers, and other employees aware of the smoking ban through appropriate announcements, no-smoking symbols, and the posting of signs in all vehicles. The signs must be (and remain) legible and must indicate that smoking is prohibited by federal regulation.

Regular-route operations: Part 374 Subpart C , Subpart D, and Subpart E requirements

Under Part 374 Subpart C unless otherwise noted, interstate motor carriers of passengers that provide regular-route transportation to the public for a fee must comply regulations in the areas of:

• Ticketing and passenger information,
• Baggage service (Subpart C) and excess baggage value (Subpart D),
• Terminal facilities,
• Service responsibilities,
• Equipment including transportation of persons with disabilities,
• Bus and driver identification,
• Petitions for exception from regulations, and
• Incidental charter rights (Subpart E).

• Private motor carriers of passengers (PMCPs) are classified as “business” or “non-business.”
• “Business PMCPs” include companies that transport employees, private school students to athletic and other events, and professional musicians using buses for concert tours.
• “Non-business PMCPs” include churches, scout groups, civic or scientific organizations, and other charitable organizations that may purchase or lease buses for private transportation of members.

There are two types of private motor carriers of passengers (PMCPs) - “business” and “non-business.” The “business PMCP” provides private transportation of passengers for a commercial purpose. The “non-business PMCP” provides private transportation of passengers not for a non-commercial purpose.

Business PMCPs

Examples of “business PMCPs” include companies that use buses to transport their own employees, private school transportation (paid for out of the school’s budget) of students to athletic or other events, and professional musicians who use buses for concert tours. Business PMCPs do not include commercial businesses that provide transportation to the public. Business PMCPs are subject to the same regulations and exceptions as for-hire carriers, but:

• The insurance requirements (Part 387) do not apply; and
• Under 391.69, certain qualification requirements do not apply to certain drivers who have been employed by the same company since 1994.

Commuter vanpool exemption - Commuter vanpool operations may or may not be subject to FMCSA safety regulations. According to the Federal Motor Carrier Safety Administration, vanpools are exempt from its safety regulations when all the following conditions are met:

1. The motor vehicle is operated by individuals traveling to and from work transporting other individuals as part of a daily commute in an interstate, single daily round trip;
2. The motor vehicle is designed and used to carry no more than 15 individuals (including the driver);
3. The gross vehicle weight and gross vehicle weight rating are both less than 10,001 pounds; and
4. The money received by the vanpool operator for transportation does not have to be reported to the Internal Revenue Service.

Non-business PMCPs

Examples of “non-business PMCPs” include churches, scout groups, civic or scientific organizations, and other charitable organizations that may purchase or lease buses for private transportation. This does not include individuals providing personal conveyance of passengers for recreational purposes; a non-business PMCP must be engaged in some type of group activity.

Non-business PMCPs are subject to the same regulations and exceptions as for-hire carriers but are exempt from many paperwork requirements. Specifically, these operations are exempt from:

• Insurance requirements (Part 387);
• Driver minimum-age restrictions;
• The need for drivers to provide a list of violations from the past 12 months;
• Road tests;
• Employment applications, driving-record checks, previous-employer inquiries, and annual reviews (Part 391, Subpart C);
• The requirement for drivers to be medically examined and carry a medical exam certificate (but drivers are not exempt from the minimum physical qualifications in 391.41(b));
• Driver qualification and investigation files;
• Records of duty status (logs);
• Maintenance records as required by 396.3(b); and
• Daily post-trip vehicle inspection reports.

• School bus operations between a school and the students’ home are exempt from the Federal Motor Carrier Safety Regulations (FMCSRs) except the bans on texting and hand-held cellphone use.
• School buses operated by the government, such as a local school district, are exempt from the FMCSRs, but this exemption does not extend to contractors performing the transportation on behalf of the government.

Under the Federal Motor Carrier Safety Regulations (FMCSRs), a “school bus” is a passenger motor vehicle designed or used to carry a driver plus 11 or more passengers and is primarily used for the purpose of transporting pre-primary, primary, or secondary-school students between home and school. These “standard” school bus operations — those that operate between a school and students’ homes — are exempt from the FMCSRs under 390.3(f)(1), except for the bans on texting and hand-held cellphone use.

School buses operated by the government, such as a local school district, are exempt from the FMCSRs entirely, under 390.3(f)(2), but this exemption does not extend to contractors performing transportation on behalf of the government.

School buses used to transport post-secondary students or for travel to extracurricular activities across state lines, however, may be subject to at least some of the rules.

The following table outlines how the FMCSRs in Parts 382 and 383, and Parts 390 — 396 apply to school-bus operations:

• Entry-level driver training for passenger-carrying drivers hired prior to February 7, 2022, with less than one year of commercial driver’s license (CDL) driving experience, must include training in driver qualifications, hours of service, driver wellness, and whistle-blower protection.
• Passenger-carrying drivers who do not have a commercial learner’s permit (CLP), CDL, or a passenger or school bus endorsement, prior to February 7, 2022, must be trained pursuant to applicable provisions of the Entry-Level Driver Training Final rule.
• Interstate passenger carriers for-hire are prohibited from discriminatory seating, smoking (except in chartered trips), and must abide by various requirements if providing regular-route transportation services.

All employers and employees must be instructed in, be knowledgeable of, and comply with all applicable Federal Motor Carrier Safety Regulations (FMCSRs). (49 CFR 390.3(e)). New-hire and regular training is essential to maintaining a knowledgeable and safety-compliant passenger transportation workforce.

New-hire training

Most companies require new employees to undergo a period of initial training, many times referred to as “orientation.” A good part of the orientation should be spent going through the FMCSRs, as well as the company policies and procedures that are in place to assure compliance with and even exceed the regulations. It is important that both drivers and office associates know and understand the policies and procedures.

Most of the applicable safety-based regulations have been issued by the Federal Motor Carrier Safety Administration (FMCSA). These safety-based regulations include:

• Part 374 — Passenger carrier regulations
• Part 382 — Drug and alcohol testing
• Part 383 — CDL requirements
• Part 390 — General regulations
• Part 391 — Qualification of drivers
• Part 392 — Driving of motor vehicles
• Part 393 — Parts and accessories
• Part 395 — Hours of service applicable to passenger-carrying vehicle drivers (395.1 and 395.5)
• Part 396 — Inspection, repair, and maintenance

For additional information, see Hours of Service – Passenger Carrying Vehicles.

Entry-level driver training

Entry-level driver training for drivers hired prior to February 7, 2022, with less than one year of commercial driver’s license (CDL) driving experience, must have in their DQ file an ELDT certificate documenting training in driver qualifications, hours of service and fatigue countermeasures, driver wellness, and whistle-blower protection in accordance with Part 380 Subpart E.

Drivers who do not have a commercial learner’s Permit (CLP), CDL, or a passenger or school bus endorsement, prior to February 7, 2022, must be trained under the Entry-Level Driver Training Final rule as detailed in Part 380, Subpart F, and Appendices A, B, C, and D, as applicable.

For more details, see Entry-level driver training (ELDT).

Part 374 Passenger Carrier Requirements

Part 374 of the FMCSRs contains miscellaneous requirements for interstate passenger carriers for-hire, covering diverse issues from discrimination and smoking to detailed rules for regular-route transportation.

Discrimination

Interstate passenger carriers for-hire must not use seating practices based on race, color, creed, or national origin. Every ticket sold must include a plainly legible notice that reads: “Seating aboard vehicles operated in interstate or foreign commerce is without regard to race, color, creed, or national origin.” Discrimination is also prohibited within terminal facilities with required notices posted. Any interference with a carrier’s observance of the anti-discrimination requirements must be reported within 15 days to the U.S. Department of Transportation (DOT).

Smoking

Interstate passenger carriers for-hire must prohibit smoking on vehicles in scheduled or special service. Chartered trips are exempt from this. Carriers must make passengers, drivers, and other employees aware of the smoking ban through appropriate announcements, no-smoking symbols, and the posting of signs in all vehicles. The signs must be (and remain) legible and must indicate that smoking is prohibited by federal regulation.

Regular-route operations Interstate passenger carriers for-hire that provide regular-route transportation must comply with Part 374 requirements covering:

• Ticketing and passenger information
• Baggage
• Terminal facilities
• Service responsibilities
• Equipment
• Bus and driver identification
• Petitions for exception from regulations

Refer to Part 374 for additional details.

Other Agency Requirements

Another agency, the Occupational Safety and Health Administration (OSHA), provides general worker protections. Other DOT agencies, such as the DOT section that oversees the enforcement of the Americans with Disabilities Act passenger protections, also have regulations that apply to passenger-carrying drivers.

Areas of special regulatory oversight

Certain areas of interstate passenger carrier regulation are likely to get special oversight attention, including:

• Vehicle inspection (the rules and the company policy and procedures)
• Hours-of-service compliance (the rules and the company policy)
• Driver qualification requirements (the rules and the company policy)
• Americans with Disabilities Act (ADA)

• Entry-level driver training (ELDT) for passenger-carrying drivers hired prior to February 7, 2022, with less than one year of commercial driver’s license (CDL) driving experience, must include training in driver qualifications, hours of service, driver wellness, and whistleblower protection.
• Effective February 7, 2022, entry-level drivers who for the first time apply for or seek to upgrade to a Class A or B CDL or seek an endorsement for hazardous materials, passengers, or school buses must successfully complete a prescribed ELDT program of instruction provided by an entity listed on the Federal Motor Carrier Safety Administration’s (FMCSA’s) Training Provider Registry (TPR) before the state licensing agency will issue the CDL, upgrade, or endorsement.

ELDT before February 7, 2022

An entry level driver was defined as any driver with less than one year of experience operating a CMV with a commercial driver’s license (CDL), as required in Part 383, in interstate commerce.

Entry-level drivers hired prior to February 7, 2022, must have a certificate or diploma in their DQ file showing that they were trained in the following areas:

1. Driver qualification requirements — Part 391, Subparts B and E.
2. Hours of service — Part 395 (including ways to fight fatigue to avoid crashes).
3. Driver wellness — Basic health and wellness and avoiding excessive use of alcohol.
4. Whistleblower protection — The right of an employee to question the safety practices of an employer without the risk of losing a job or being subject to reprisals (Part 1978, which is an OSHA regulation).

ELDT on and after February 7, 2022

Effective February 7, 2022, minimum training standards have been established for entry-level drivers who for the first time apply for or seek to upgrade to a Class A or B CDL or seek an endorsement for hazardous materials (H), passengers (P), or school buses (S). These drivers are required to have ELDT from anFMCSA-registered training provider before the state licensing agency will issue the CDL, upgrade, or endorsement. Motor carriers will no longer need any proof that ELDT was completed; carriers must only ensure drivers have the proper license and endorsement(s).

Individuals subject to the ELDT requirements must successfully complete a prescribed program of instruction provided by an entity listed on FMCSA’s Training Provider Registry (TPR). The prescribed training, contained in Part 380 Appendix A through Appendix E, includes both theory and behind-the-wheel instruction:

• Theory (knowledge) - There is no minimum number of hours that driver-trainees must spend on the theory instruction. The rule prescribes specific topics for each of the five theory curricula, requiring the training provider to cover all topics, and requiring that driver-trainees demonstrate understanding of the material by achieving an overall minimum score of 80 percent on the theory assessment.
• BTW instruction (range and road) - The rule does not require a minimum number of BTW hours. The completion of the BTW portions of the various curricula is based solely on the training instructor’s assessment of each driver-trainee’s individual performance of the required elements of BTW training on the range and public road.

While federal rules do not require a minimum number of theory and BTW hours of instruction, states may have minimum hour requirements for theory and BTW instruction.

Passenger-carrying vehicle and school bus endorsement training curriculum requirements are found in Appendix C and D, respectively.

For more information, see Entry-level driver training.

• ADA regulations require accessible, timely, over-the-road bus (OTRB) service for passengers with disabilities, including wheelchair users, as well as annual reporting.
• An OTRB is defined as a bus with an elevated passenger deck located over a baggage compartment (typically referred to as a motorcoach).
• There are ADA-specific requirements governing OTRB accessibility, passenger boarding, intermediate or rest stops, lifts and ramps, wheelchairs, service animals, passengers with respirators or portable oxygen, passenger information, discrimination, and training.

The Americans with Disabilities Act of 1990 (ADA) is a civil rights law that helps give people with disabilities an equal opportunity to take part in American society, including its transportation services. The ADA guarantees equal access to both public and private transportation services.

For motor carriers of passengers that fall under its jurisdiction, the Federal Motor Carrier Safety Administration (FMCSA) enforces portions of the U.S. Department of Transportation’s (DOT’s) ADA regulations as found in Parts 37 and 38. In general, these ADA regulations require accessible, timely, OTRB service for passengers with disabilities, including wheelchair users, as well as annual reporting to the FMCSA. An OTRB is defined in 37.3 as a bus with an elevated passenger deck located over a baggage compartment. The FMCSA often refers to OTRBs as motorcoaches. Under federal law, the FMCSA has exclusive authority to enforce Subpart H of Part 37. Subpart H, Over-the-Road Buses (OTRBs), applies to all private companies that operate OTRBs.

ADA reviews of OTRB services

The FMCSA conducts ADA reviews to ensure compliance by OTRB companies. During these reviews, the FMCSA evaluates compliance with regulations related to the purchase and leasing of buses, providing accessible service when requested, training employees, lift maintenance, and other aspects of the ADA regulations. The reviews occur during planned ADA strike-force events and during individual safety investigations.

Important ADA definitions

Accessible means that vehicles and/or facilities comply with the accessibility requirements of Parts 37 and 38.

Accessible bus or accessible OTRB means a bus that includes a lift for getting passengers who cannot climb steps onto a bus, specific locations for securing the wheelchair to prevent it from sliding, and other features to ease travel for passengers with disabilities.

Demand-responsive system means any system of transporting individuals that is not a fixed-route system, whether run by a public or private entity and including “specified public transportation.” Charter/tour systems and “dial-a-ride” systems, for example, are demand responsive.

Equivalent service means service provided to passengers with disabilities that is as good as the type of service provided to passengers without disabilities (e.g., a different accessible vehicle is used to provide service to the same traveling points for the same cost within the same time frame as a regularly scheduled OTRB). Equivalent service requires that passengers be allowed to travel in their own wheelchairs.

Fixed-route system means a system of transporting individuals, including “specified public transportation” service, in which a vehicle is operated along a prescribed route according to a fixed schedule.

Large operator means a large OTRB company with gross annual transportation revenues equal to or exceeding about $9.5 million. This threshold is based on the definition of “Class I motor carrier” and is adjusted annually for inflation.

Mixed service means providing both fixed-route and demand-responsive service, and 25 percent or less of the OTRB fleet is used in fixed-route service.

Over-the-road bus (OTRB) means a bus with an elevated passenger deck located over a baggage compartment. The FMCSA often refers to these simply as motorcoaches.

Small operator means a small OTRB company with gross annual transportation revenues less than about $9.5 million, including revenues from affiliated companies. This threshold is based on the definition of “Class I motor carrier” and is adjusted annually for inflation.

Specified public transportation means transportation provided by a private entity to the general public, with general or special service (including charter service) on a regular and continuing basis.

Refer to 37.3 for other definitions.

Fixed route versus demand-responsive

One of the key factors in distinguishing between these two types of service is whether a passenger — in order to use the service — must request the service, typically by making a call or internet request.

With fixed-route service, no action by the individual is needed to initiate public transportation. If an individual is at a bus stop at the time the bus is scheduled to appear, then that individual will be able to access the transportation system. With demand-responsive service, the person has to take an additional step in order to ride the bus, i.e., he or she must make a phone call or other request.

However, an interaction between a passenger and the transportation service does not necessarily make the service demand-responsive. For example, needing to buy a ticket, needing to flag down a vehicle, or needing to make a room reservation at a hotel before hopping on a shuttle does not make an otherwise fixed-route service demand responsive.

ADA requirements

The Americans with Disabilities Act covers many different types of employers. For general informaiton on the ADA please consult the Human Resources Disabilities and the ADA section. There are also ADA-specific requirements in Part 37 and Part 38 passenger carriers. Please consult Part 37 and Part 38 for the relevant sections covering the bus mode of transporation for:

• OTRB accessibility;
• Passenger-boarding process;
• Passenger procedures at intermediate or rest stops;
• Lift and ramp inspections, operation, and maintenance;
• Wheelchairs and occupant size;
• Securement of wheelchairs and passengers;
• Service animals;
• Passengers with respirators or portable oxygen;
• Information availability to passengers;
• Awareness of prohibited discriminatory practices;
• Training and refresher training necessary to maintain ADA proficiency (see Part 37, Subpart H); and
• ADA reporting.

ADA reporting requirements

The DOT’s ADA reporting regulations require OTRB companies to submit three types of reports annually by the last Monday of every October:

1. Summary of service requests and services provided;
2. Fixed-route OTRB company’s annual lift-use summary; and
3. Annual report of ORRBs purchased/leased and overall fleet data.

Discriminatory practices

The following practices by are considered discriminatory:

• Denying transportation to passengers with disabilities.
• Using (or requesting the use of) persons other than company employees to provide routine boarding or other assistance to passengers with disabilities, unless the passenger requests or agrees to the assistance. This includes assistance from the passenger’s family members or traveling companions, medical or public safety personnel, etc.
• Requiring or requesting a passenger with a disability to reschedule a trip, or travel at a time other than the time the passenger has requested, in order to receive accessible transportation.
• Failing to provide reservation services to passengers with disabilities equivalent to those provided other passengers.
• Failing or refusing to comply with any applicable provision of Part 37.

While it is not considered discrimination to refuse to provide service to someone with disabilities who engages in violent, seriously disruptive, or illegal conduct, a passenger carrier cannot refuse service to someone solely because physical appearance (related to the disability) or involuntary behavior that may offend, annoy, or inconvenience the carrier’s employees or other persons.

• Over-the-road bus (OTRB) passenger carriers must comply with the ADA or have their authortiy denied or revoked.
• FMCSA is authorized to conduct ADA audits.

The Over-the-Road Bus Transportation Accessibility Act of 2007 authorized the FMCSA to deny or revoke the interstate operating authority of OTRB companies found to be willfully violating the ADA regulations. This is the agency’s only ADA enforcement option, and it results in a complete shutdown of the bus company. The FMCSA does not have the authority to assess fines, civil penalties, or any other sanctions for ADA violations. The U.S. Department of Justice (DOJ), however, does have the authority to issue civil penalties for ADA violations. Therefore, the FMCSA — as the agency generally in charge of OTRB company oversight — monitors OTRB companies’ ADA compliance and can report violations to the DOJ, which can then issue fines and penalties.

FMCSA does conduct ADA Reviews and there are potential violations OTRB carriers can be cited in an ADA audit checklist. These reviews must be conducted by trained ADA auditors and can be done alone or in conjunction with an FMCSA compliance review. A few key points of what to expect in an ADA review are:

• The carrier representative will receive a request which may include at a minimum, financial information, bills of sale and lease contracts for motorcoaches in the past 12 months, lists of vehicles and drivers, fixed route service details, lift maintenance records, and accessible service request records, ADA reports and training records, via email after an appointment for the review is made.
• The carrier must have as many accessible OTRBs available for assessment as feasible during the ADA review. If some accessible OTRBs will not be available for assessment, the auditor will request that the carrier provide records which substantiate the accessible status of the unavailable OTRBs such as final vehicle records, bills of sale or lease contracts, etc.
• The auditor will start the introductory interview by asking about provided services, identity and types of customers, how service requests are handled administratively, accessible and inaccessible OTRBs in the vehicle fleet, how ADA related employee training is conducted, lift maintenance program if accessible OTRBs are operated, any subcontracting arrangements with other OTRB operators with accessible service capacity, the frequency of accessible service requests and lift usage, etc. and will try to determine whether the OTRB operator provides any fixed-route or demand-responsive service.
• A determination will also be made as to whether the OTRB operator is affiliated with another transportation entity that is either a sibling or parent entity to determine of they could be considered large through affiliation when its singular annual transportation revenue is below the large threshold.
• It is also important for the auditor to determine whether the OTRB operator owns and/or term leases any accessible OTRBs. A compliant accessible OTRB has at least two securement locations for a wheelchair or other mobility device, and securement devices, as required by 49 CFR 38.159(a). Lifts will also be cycled by a company representative.

The table below below includes Serious and Minor violations. Serious violations will generally result in enforcement action. Minor violations are not insignificant and can result in enforcement action if done in a willful or repeated manner. Documentation of violations may be used by FMCSA to take an enforcement action and/or used to support subsequent investigations conducted by Department of Justice.