Knowledge check: Passenger Carrier compliance across several states: Answer

Answer: Require each facility to follow Federal Motor Carrier Safety Regulations (FMCSRs) instead of using less stringent state regulations. Some state rules are more strict than federal rules, but these scenarios are limited. Using exceptions to safety regulations in a compliant manner is not a defense in post-crash litigation.

Federal rules are almost always more stringent than state regulations. Require each operation, regardless of whether they could operate under intrastate-only rules to follow the FMCSRs. This strategy can minimize the risks of non-compliance, as well as policies and procedures across operations. Some state regulations apply to any passenger carrier and must be followed. You must understand and comply with those rules.

Several states have adopted the federal definition of a commercial motor vehicle, to which safety regulations apply. However, many states regulate passenger vehicles above the “9 or more for compensation level” from the definition in 390.5. While you could take advantage of running vehicles without complying with many federal regulations, that may not be the best risk management strategy.

Many new safety directors do not have a clear picture of compliance across their multi-state operations. A mock audit of each operating facility by an expert third-party could provide a baseline evaluation. After reviewing your prioritized action steps from the mock audit, you can better determine if standardizing compliance under the FMCSRs and meeting mandatory state requirements when more strict may be a more protective long-term strategy.