Private motor carriers of passengers subject to the federal motor carrier safety regulations

Private Motor Carriers of Passengers
subject to the
Federal Motor
Carrier Safety
Regulations

BUSINESS PMCPS
Business PMCPs provide private, interstate transportation of passengers in the furtherance of a commercial purpose.
Examples of business PMCPs include companies which use b u s es to transport their own employees, and professional musicians who use buses for concert tours.
Commercial businesses that provide passenger transportation to the general public are not business PMCPs. They are considered "for-hire" and are already subject to the FMCSRs.
NONBUSINESS PMCPs
Nonbusiness PMCPs provide private, interstate transportation of passengers that is not in the furtherance of a commercial purpose.
Examples of nonbusiness PMCPs include churches, scout groups, and other charitable organizations that may purchase o r lease buses for the private transportation of their respective groups.
Churches, other charitable organizations, or private associations, that offer charter bus operations to the general public with the intent to make a profit are not nonbusiness PMCPs. They are considered "for-hire" and are already subject to the FMCSRs.

The Motor Carrier Safety Act of 1984 expanded the authority o f t h e United States Department of Transportation to regulate the safety of interstate transportation of passengers by commercial motor vehicles.
On January 1, 1995, private motor carriers of passengers (PMCPs) became subject to the Federal Motor Carrier Safety Regulations (FMCSRs) for the first time.
ARE YOU A PRIVATE MOTOR CARRIER OF PASSENGERS?
You are a PMCP if you do not offer transportation services for hire, but you do: 1. Transport passengers in interstate commerce, and
2. U s e a vehicle designed to carry more than 15 passengers, including the driver (or the vehicle is greater than 10,000 pounds GVWR).
Even if you do not operate interstate, you may still be subject to State regulations similar to the FMCSRs. Transportation provided directly by Federal, State or local governments, or agencies thereof, is generally exempt from these regulations.
As a private motor carrier of passengers your operation will fall into one of two groups: business or nonbusiness.

WHAT ABOUT SCHOOL BUSES?

The transportation of preprimary, primary and secondary school children from home to school and from school to h o me, or any transportation performed by a governmental agency such as a public school district, is not subject to the FMCSRs.

However, transportation of students by a private school that owns or leases a bus for an extracurricular activity, such as an out-of-state field trip, is subject to the FMCSRs and is classified as nonbusiness private transportation of passengers.

The chart below summarizes the applicability of the FMCSRs to school bus transportation.

Public School Transportation
Private School Transportation of Preprimary, Primary, and Secondary Students
Private School Transportation of Post-Secondary Students
Contract Transportation of Preprimary, Primary, and Secondary Students
Contract Transportation of Post-Secondary Students.

School to Home or
Home to School Not subject Not subject
Subject as nonbusiness PMCP transportation Not subject
Subject as for-hire transportation

Extracurricular School Activities
Not subject
Subject as nonbusiness PMCP transportation
Subject as nonbusiness PMCP transportation
Subject as for-hire transportation
Subject as for-hire transportation

HOW WILL THE RULE BE ENFORCED?
The primary enforcement activity for both groups of PMCPs is driver/vehicle inspections. Inspections are performed at carrier terminals or destination points such as amusement parks, convention centers, and sporting complexes, as well as on the road.
As a business PMCP you are subject to compliance reviews at your business premises, the FMCSA's safety fitness rating process and penalties for receiving an unsatisfactory safety rating. During a compliance review your operation's safety management practices and regulatory compliance as evidenced by the records you maintain and the condition of your vehicles.
Following a compliance review your operation will be rated satisfactory, conditional, or unsatisfactory. Any carrier receiving an unsatisfactory rating will be prohibited from transporting passengers, effective 45 days after receipt of the rating, unless corrective action is taken.

As a nonbusiness PMCP you will may be rated. You may be subject to compliance reviews based on your safety performance history.

WHAT IS REQUIRED?

As a PMCP you must meet certain requirements of the FMCSRs depending on whether your operation is classified as business or nonbusiness.

49 CFR PART: TOPIC
383 CDL
387 Financial Responsibility
390 General
391 Qualifications of Drivers
392 Driving of Motor Vehicles
393 Parts and Accessories
395 Hours of Service
396 Inspection, Repair, and Maintenance

BUSINESS Yes No
Yes Yes*
Yes
Yes**
Yes Yes

NONBUSINESS Yes No
Yes* Yes*
Yes
Yes**
Yes* Yes*

WHAT DO I NEED TO DO NOW?
You may go to www.fmcsa.dot.gov or your FMCSA office in your state to obtain a Motor Carrier Identification Report, Form MCS-150.
The Motor Carrier Identification Report identifies previously unknown or unregulated motor carriers and assists the FMCSA in prioritizing such carriers for reviews. The completed MCS-150 must be forwarded to the FMCSA Attn:USDOT Number Application, 1200 New Jersey Avenue, S.E., Washington, D.C. 20590. Failure to submit a Form MCS-150 could result in FMCSA enforcement action.
After receiving the completed MCS-150, the FMCSA will assign you a U.S. DOT number. All PMCPs are required to mark their name, city state and US DOT number on the side of their vehicles as required by 49 CFR part 390.21.
To help you meet the requirements of the FMCSRs, you should also request an Educational and Technical Assistance (ETA) package from your local FMCSA Office or www.fmcsa.dot.gov. The ETA package contains sample record keeping forms and is designed to assist in complying with the FMCRs. The package will also contain a special passenger transportation supplement to aid you in determining how your operation is classified and explain in greater detail what is required of you.

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Safety Message from Project PIE (Public Information & Education) Fact Sheet #016 Georgia Department of Public Safety Motor Carrier Compliance Division PO Box 1456, Atlanta, GA 30371-1456 (404) 624-7211 www.dps.georgia.gov

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