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Passenger-carrying commercial motor vehicles range from 9-15 passenger vans to school buses to motorcoaches. Federal motor carrier safety regulations can apply to passenger-carrying vehicles based passenger-carrier rating, gross vehicle weight or rated weight, and whether the vehicles are operating as for-hire or private, and interstate or intrastate. School buses and the driver can also be federally regulated depending on how they are used.
All carriers operating passenger vehicles rated by the manufacturer for 9 or more passengers for compensation, or are 10,001 pounds or greater, operating in interstate commerce are federally regulated. Some exceptions apply to specific operations and intrastate regulations can apply if vehicles are operating in intrastate commerce only.
Passenger vehicles — and the business models behind their operation — come in all shapes and sizes, from small private vans used to shuttle scout groups, to modern 50-passenger for-hire luxury coaches. But for the Federal Motor Carrier Safety Administration (FMCSA), an underlying concern for all passenger vehicles is safety.
For many years, the FMCSA’s predecessor agencies only regulated “for-hire” passenger transportation in vehicles designed to transport more than 15 people.
But today, safety regulations exist at all levels, governing small private church groups and large tour operators alike, with certain exceptions.
The following is a summary of the regulations and major exceptions affecting passenger-carrying operations, by size and business model. Keep in mind that intrastate operations are governed at the state and local level; contact your state for details.
To review FMCSA guidance on several passenger-carrying vehicle scenarios refer to Appendix A of Part 390. Scenarios include but are not limited to:
For-hire motor carriers. A “for-hire” carrier is one that provides interstate transportation of passengers for a commercial purpose and must obtain federal operating authority under Part 365. The service is generally available to the public, and the carrier is compensated, either directly or indirectly, for the transportation service provided. Examples: intercity bus service; charter bus service; canoe rental company bus service; hotel bus service. Large vehicles (16 passengers). Carriers operating for-hire passenger vehicles that are designed or used to transport 16 or more passengers, including the driver, are subject to most of the Federal Motor Carrier Safety Regulations (FMCSRs) as found in 49 CFR Parts 350-399, including rules for:
IF the vehicle is: | THEN the vehicle is: |
---|---|
not used for compensation of any kind (either direct* or indirect) | not subject to the FMCSRs. |
not used for direct compensation* | exempt from all the FMCSRs except:
|
used for direct compensation* | subject to all the FMCSRs. |
*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.
Examples of indirect compensation are tour groups and rafting trips with package rates as well as assisted living facilities with general fees or assessments for various service including transportation contained in the total facility charge to all residents.
Passenger-carrying vehicles 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 Federal Motor Carrier Safety Regulations (FMCSRs) and are excluded from the definition of a “commercial motor vehicle” in 390.5T. The operation of such vehicles are 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.
Private motor carriers. Private motor carriers of passengers (PMCPs) became subject to the FMCSRs on January 1, 1995. They are divided into “business” and “non-business” carriers.All PMCPs are exempt from Part 387, Minimum Levels of Financial Responsibility for Motor Carriers.
Business PMCPs. Business PMCPs provide private transportation in the furtherance of a commercial enterprise. They do not provide transportation to the general public. Examples: companies using buses to transport their own employees; private school transportation (paid for out of the school’s budget) of students to athletic or other events; professional musicians using buses for concert tours.Business PMCPs are subject to the same FMCSRs as for-hire carriers, as described above, except Part 387.
If the business PMCP has continuously employed a single-employer driver since July 1, 1994, then, as long as that driver continues to be a single-employer driver of that motor carrier, the driver under 391.69 is exempt from:
A “single-employer driver” is a driver who, in any period of seven consecutive days, is employed or used as a driver solely by a single motor carrier. This includes a driver who drives on an intermittent, casual, or occasional basis.Non-business PMCPs. Non-business PMCPs provide private transportation NOT in the furtherance of a commercial purpose. Examples: churches; scout groups; civic organizations; other charitable organizations that may purchase or lease buses for the private transportation of their respective groups.Non-business PMCPs are subject to the same FMCSRs as for-hire carriers, as described above, but under 391.68 are exempt from:
Type of operation | School to home or home to school | Extracurricular activities |
---|---|---|
Public school transporting students | Exempt from most FMCSRs except CDL licensing and drug/alcohol testing | Exempt from most FMCSRs except CDL licensing and drug/alcohol testing |
Private school transporting pre-primary, primary, and secondary students | Exempt from most FMCSRs except CDL licensing and drug/alcohol testing | Subject as business PMCPs |
Private school transporting post-secondary students | Subject as business PMCPs | Subject as business PMCPs |
For-hire contractors transporting pre-primary, primary, and secondary students | Exempt from most FMCSRs except CDL licensing and drug/alcohol testing | Subject as “for-hire” carriers |
For-hire contractors transporting post-secondary students | Subject as “for-hire” carriers | Subject as “for-hire” carriers |