Private Motor Carriers of Passengers |
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Topics: Federal Highway Administration
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Rodney E. Slater
Federal Register
23 February 1994
[Federal Register: February 23, 1994]
_______________________________________________________________________
Part VII
Department of Transportation
_______________________________________________________________________
Federal Highway Administration
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49 CFR Part 390, et al.
Private Motor Carriers of Passengers; Rule
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
49 CFR Parts 390, 391, 393, 395, and 396
[FHWA Docket No. MC-88-15]
RIN 2125-AB62
Private Motor Carriers of Passengers
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Final rule with request for comments.
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SUMMARY: In accordance with changes in the definitions of interstate
commerce and commercial motor vehicle contained in the Motor Carrier
Act of 1984, the FHWA is amending the Federal Motor Carrier Safety
Regulations (FMCSRs) to make private motor carriers of passengers
involved in interstate transportation subject to them with certain
exceptions. Implementation of the final rule is being delayed to allow
the new class of regulatees an opportunity to comment on the type and
scope of educational and technical assistance necessary and to provide
ample time to come into compliance with the FMCSRs.
DATES: This regulation is effective January 1, 1995; comments must be
received on or before October 1, 1994.
ADDRESSES: All signed, written comments should refer to the docket
number that appears at the top of this document and must be submitted
to HCC-10, room 4232, Office of the Chief Counsel, Federal Highway
Administration, 400 Seventh Street, SW., Washington, DC 20590. All
comments received will be available for examination at the above
address from 8:30 a.m. to 3:30 p.m., e.t., Monday through Friday,
except legal Federal holidays. Those desiring notification of receipt
of comments must include a self-addressed stamped postcard or envelope.
FOR FURTHER INFORMATION CONTACT: Mr. F. Daniel Hartman, Office of Motor
Carrier Standards, (202) 366-4009, or Mrs. Allison Smith, Office of the
Chief Counsel, (202) 366-0834, Federal Highway Administration,
Department of Transportation, 400 Seventh Street, SW., Washington, DC
20590. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday
through Friday, except legal holidays.
SUPPLEMENTARY INFORMATION:
Statutory Authority
Since 1935, the Federal government has been regulating, for safety
purposes, interstate transportation performed by for-hire carriers of
property and passengers and private carriers of property. Prior to the
passage of the Motor Carrier Act of 1984 (Pub. L. 98-554, 98 Stat.
2832, 49 U.S.C. app. 2501 et. seq.), the Federal government's
jurisdiction did not extend to private motor carriers of passengers
(PMCPs).
With the enactment of the Motor Carrier Safety Act of 1984,
Congress defined the FHWA's jurisdiction on the basis of vehicles
operating in interstate commerce. The stated purposes of the 1984 Act
were to (1) promote the safe operation of commercial motor vehicles;
(2) minimize dangers to the health of operators of commercial motor
vehicles; and (3) assure increased compliance with traffic laws and
with the commercial motor vehicle safety rules.
Congress expanded the definition of commercial motor vehicle (CMV)
in section 204 of that Act (49 U.S.C. app. 2503) to include any self-
propelled or towed vehicle used on highways in interstate commerce to
transport passengers or property if (a) such vehicle has a gross
vehicle weight rating of 10,001 or more pounds; (b) such vehicle is
designed to transport 16 or more passengers, including the driver; or
(c) such vehicle is used in the transportation of hazardous materials
which require a placard.
Interstate commerce was defined in the same section of the Act as
``trade, traffic, or transportation in the United States which is
between a place in a State and a place outside of such State (including
a place outside of the United States) or is between two places in a
State through another State or a place outside of the United States.''
Therefore, anyone operating or causing to be operated vehicles as
defined in the Act in interstate commerce became subject to regulation
by the Secretary of Transportation.
Current Regulations
The FMCSRs are contained in title 49, Code of Federal Regulations,
parts 350 through 399. These regulations set minimum safety standards
for motor carriers, vehicles and drivers involved in interstate
commerce. The areas covered include driver qualification, licensing,
hours of driving and on duty time, vehicle safety equipment, operating
condition, inspection and maintenance. Consistent with the pre-1984
authority, PMCPs are currently exempt from the FMCSRs (parts 390-399)
pursuant to 49 CFR 390.3(f)(6).
The Commercial Motor Vehicle Safety Act of 1986 (CMVSA)(Title XII,
Pub. L. 99-570, 49 U.S.C. app. 2701-2718) established requirements for
testing and licensing of all drivers of commercial motor vehicles as
defined in that Act. Under the implementing regulations in 49 CFR part
383, all drivers subject to that part must successfully complete a
knowledge test and skills examination, as applicable, both of which are
administered by the driver's State of residence. The State then issues
a Commercial Driver's License (CDL), which is the only license that may
be possessed by an operator of a commercial motor vehicle. The
operative definitions in the CMVSA of 1986 extend jurisdiction to any
driver of a defined vehicle, whether in interstate or intrastate
commerce, and whether or not otherwise subject to DOT jurisdiction. The
current rulemaking does not alter the provisions of Part 383 for any
CMV driver, nor does it affect other regulatory exemptions, e.g., the
transportation of school children and government operations.
The FHWA issued a Notice of Interpretation (58 FR 27328, May 7,
1993) to clarify its policy relating to for-hire transportation of
passengers. That notice clarifies the FHWA's policy that businesses
operating passenger-carrying commercial motor vehicles in interstate
commerce, and receiving direct or indirect compensation for their
transportation services, are for-hire motor carriers subject to the
minimum levels of financial responsibility requirements. If the
passenger-carrying capacity of the vehicle is 16 or more, including the
driver, they are also subject to the remainder of the FMCSRs.
Rulemaking History
In 1985, the FHWA issued an advance notice of proposed rulemaking
(ANPRM) in the Federal Register (50 FR 2998, Docket No. MC-114) to
obtain comments on the merits of regulating PMCPs. Recognizing the wide
diversity of operating practices, the FHWA (shortly after the 1984 Act)
contracted for a study to gain greater insight into the operating
practices of these carriers. (ASW Associates, Silver Spring, Md., June
10, 1987.) Although there is little definitive accident data, the study
concluded that highway safety would be enhanced by regulating PMCPs.
After comments to the ANPRM were received and analyzed, the FHWA issued
a notice of proposed rulemaking (NPRM) on February 17, 1989 (MC-88-15),
proposing to assert jurisdiction over these carriers with respect to
certain requirements of the FMCSRs (see 54 FR 7362).
In the NPRM, the FHWA acknowledged that all buses should be in safe
operating condition and driven by qualified drivers. However, it would
be overly burdensome and counterproductive to attempt to require every
entity transporting people by bus, regardless of purpose, to comply
with the whole range of regulations, including recordkeeping
requirements.
In the NPRM, the FHWA divided PMCPs into two groups based on the
relationship of the driver to the motor carrier. Group I consisted of
all employees hired to perform primarily as drivers. Group II consisted
of volunteer drivers (who may also be employees) who received little or
no remuneration for their driving and drove for less than 10 percent of
their work time. The division of the two groups was intended to
recognize the distinction between business and nonbusiness operations.
Under the proposal advanced in the NPRM, Group I would have been
treated the same as for-hire motor carriers of passengers and would
have been subject to all of the FMCSRs. Group II would have been
subject to CDL and the vehicle and maintenance requirements, but would
not have been required to keep driver qualification files.
The FHWA was also aware that some buses currently in use may not
have been subject to the National Highway Traffic Safety
Administration's (NHTSA) fuel system requirements at the time of
manufacture. The NPRM proposed to ``grandfather'' this equipment and,
therefore, would not require retrofitting of the fuel systems if the
vehicle has been maintained and meets the original manufacturer's
standards.
Discussion of Comments to the Docket
The FHWA received 28 comments to this docket: 14 from organizations
and groups potentially affected by the rulemaking, 5 from national
associations, 3 from for-hire bus companies, 2 from State enforcement
agencies, 1 from a Federal advisory board, 1 from a union, and 2 from
individuals. Only three commenters, two of which were churches, opposed
the rule as an unnecessary regulatory burden.
The American Bus Association (ABA) supported the NPRM, expressing
the opinion that PMCPs are less safe than for-hire carriers because
they operate older, inferior equipment, with less experienced drivers,
and in its opinion, are involved in a disproportionate number of fatal
accidents. The ABA also stated that these drivers should be subject to
the same driver qualification and hours of service requirements,
including recordkeeping, because they are usually less experienced and
qualified. The ABA raised questions about the enforceability of the
definition in the NPRM for limited PMCPs, specifically the 10 percent
driving time factor. It felt these carriers would reduce driving time
below 10 percent to avoid the paperwork requirements. The ABA also
recommended that all PMCPs get a U.S. DOT number to facilitate
enforcement.
The United Bus Owners of America and the National School
Transportation Association supported the rule, maintaining that anyone
transporting passengers should comply fully with the FMCSRs, including
recordkeeping, in the interest of safety for the passengers on board a
vehicle and the motoring public at large. The International Brotherhood
of Teamsters supported the rule and favored the division of PMCPs into
groups for the purpose of paperwork burden relief.
Those commenters opposed to the NPRM were concerned that the rule
placed an unnecessary burden on churches, with little accident or
safety data to support the rule. They contended that many churches will
terminate interstate travel rather than attempt to comply with the
requirements.
Two States wrote to the docket--one supporting and one opposing the
proposal. The Transportation Cabinet of the Commonwealth of Kentucky
supported the rule. The Cabinet believed that school bus operations
also should be subject to the FMCSRs, but did not provide data to
support its position. The Department of Motor Vehicles in North
Carolina opposed the rule as an unnecessary burden, claiming private
buses are usually not used in commerce. The Department instead
recommended that FHWA staff focus on truck safety problems.
FHWA's Response
In consideration of the comments to the NPRM, the FHWA concluded
that the use of volunteer driver status, coupled with the 10 percent
driving factor, would not be a workable criterion for separation of the
two groups because of the uncertainty in defining ``volunteer status''
and measuring the 10 percent driving time factor. Instead, the FHWA
will base its distinction on whether the motor carrier is providing the
transportation of passengers in furtherance of a commercial purpose
other than transportation.
Those PMCPs involved in a business activity which provides
transportation, in the furtherance of a commercial purpose other than
for-hire transportation, will be subject to all of the FMCSRs,
including recordkeeping. Those PMCPs engaged in nonbusiness activities,
but providing transportation of some kind, must have safe drivers and
vehicles and will be subject to many of the FMCSRs. These PMCPs will
not be required to comply with the current recordkeeping requirements.
The FHWA also agrees with, and has incorporated into the final rule,
comments that all PMCPs should obtain a U.S. DOT number, which should
facilitate the proper collection of accurate roadside inspection and
enforcement information. The ``grandfather'' provision for fuel system
requirements, as proposed in the NPRM, also has been retained.
Although interstate commerce is historically defined to include
trade, traffic, or transportation across State boundaries and is not
limited to business entities in profit-making ventures, the FHWA
believes most churches will fall within the definition of nonbusiness
PMCPs. As such, these carriers will not be subject to the current
recordkeeping requirements. Under this final rule, once a driver
obtains a CDL, no additional files, such as driver qualification
records including the medical examination certificate, or drivers'
record of duty status, are required to be maintained.
Requirements of the Final Rule
The final rule is very similar to the NPRM except that (1) the
definition of PMCP has been consolidated with the definition of private
motor carrier of property, (2) the definitions of ``nonbusiness PMCPs''
and ``business PMCPs'' have been added, (3) nonbusiness PMCPs will be
exempt from subpart H of part 391 and all current recordkeeping
requirements, (4) PMCPs will not be subject to the road and written
test requirements of part 391, and (5) all passenger carriers will be
required to obtain a US DOT number to identify their buses for
enforcement by Federal and State officials.
Many operations which are classified as PMCPs are companies that
transport their workers to and from job sites. PMCPs also include
nonbusiness-type organizations, including scout, church and civic
groups, that characteristically use volunteers to transport members by
bus and charge no fee, or only a nominal fee to cover expenses of the
transportation service provided.
Definitions
Business PMCPs
A business PMCPs is defined as any entity involved in the
interstate transportation of passengers; the transportation provided is
in the furtherance of the entity's commercial purpose, which is not
for-hire transportation; and the transportation is not available to the
general public. The FHWA believes that any business entity transporting
people should meet the same minimum safety requirements as those
businesses involved in the private transportation of property.
Therefore, these carriers must comply with the entire body of the
FMCSRs, including recordkeeping. These carriers need not comply with
the road and written test requirements of part 391, since these
requirements are essentially met by acquiring a CDL with proper bus
endorsements. In addition, these carriers need not comply with the fuel
system requirements of Sec. 393.67, provided the carrier's commercial
motor vehicle fuel systems have been maintained and meet the original
manufacturer's standards.
Nonbusiness PMCPs
A nonbusiness PMCPs is any entity involved in the interstate
transportation of passengers, other than for-hire, and does not meet
the definition of a business PMCPs. These carriers will be subject to
parts 383, 385 (requiring a Motor Carrier Identification Report), 390,
391 (excluding subpart H and recordkeeping requirements), 392, 393
(excluding fuel systems that have been maintained and meet the original
manufacturer's standards), 395 (excluding the recordkeeping
requirements), and 396 (excluding the recordkeeping requirements).
Churches, civic associations, scouts, and other charitable institutions
that may purchase or lease buses for sponsored activities are included
in this category.
The special treatment afforded nonbusiness carriers is not to
relieve churches or civic associations from compliance with any of the
safety regulations when these carriers arrange tours for the public at
large and charge a fee with the intent to make a profit. In this
instance, nonbusiness carriers are in fact performing transportation
services as for-hire carriers. When engaged in chartering operations,
the transportation service is the primary activity of the organization
and such charter service is not incidental to the non-transportation
purposes of the organization. Such activities are and will continue to
be treated as for-hire transportation of passengers, subject to all the
FMCSRs.
Driver and Carrier Requirements
Business PMCPs
These carriers must meet all of the driver recordkeeping
requirements in part 391, except for the road and written test
requirements, which are essentially met by acquiring a CDL with proper
bus endorsements. This recordkeeping requirement includes maintaining
all documents required in a driver qualification file and drug testing
documentation. These carriers must also comply with the recordkeeping
requirements in part 395 regarding drivers' records of duty status.
Consistent with past FHWA practice, a one-time exemption for
currently employed drivers is provided in this rulemaking. The
recordkeeping requirements, including application for employment
(Sec. 391.21), investigation and inquiries (Sec. 391.23), and
notifications of previous employment (Sec. 383.35), will not apply to
those drivers regularly employed by a motor carrier prior to July 1,
1994 and for as long as the person continues to be regularly employed
as a driver for that motor carrier.
Nonbusiness PMCPs
Nonbusiness PMCPs must comply with the driving and on-duty hours
limitation contained in part 395. The costs associated with requiring
record retention by these motor carriers, who operate sporadically,
would outweigh the benefits and, accordingly, the FHWA will not impose
the recordkeeping requirements of part 395 on these carriers. It is
recognized that some individuals who volunteer to drive for their
church or civic organization may also drive for other motor carriers
and in that capacity are required to maintain a record of duty status
(driver logs). All on-duty and driving time, performed in a volunteer
capacity by an individual who is otherwise regularly employed as a
commercial driver, for a nonbusiness PMCP must be recorded on the
records of duty-status submitted to that driver's regularly employing
motor carrier. On duty and driving time for those drivers regularly
employed must be considered in determining whether the driver has
adequate time to drive as a volunteer, and vice-versa. The FHWA
believes this requirement is necessary to ensure that a fatigued driver
is not permitted or required to drive beyond the hours of service
limits.
These carriers are not required to have their drivers medically
examined and do not have to maintain the records required in parts 391,
395 and 396.
Drug and Alcohol Testing
Nonbusiness PMCPs are not subject to the current drug testing
requirements found in 49 CFR part 391. However, business PMCPs are
subject to those regulations.
Under a final rule published in the Federal Register on February
15, 1994, the FHWA announced new drug and alcohol testing rules. These
rules were issued in response to the Omnibus Transportation Employee
Testing Act of 1991 and will require that all operators of CMVs subject
to the CDL requirements, be tested for controlled substances and
alcohol. Both business and nonbusiness PMCPs will be subject to these
rules.
Due to the broad scope of these rules, business and nonbusiness
PMCPs with 50 or more drivers will have until January 1, 1995 to comply
with the new drug and alcohol testing regulations. Business and
nonbusiness PMCPs with less than 50 drivers will be required to comply
with the new drug and alcohol testing regulations beginning January 1,
1996.
To further the purpose of the Omnibus Transportation Employee
Testing Act, no waiver or exemption from any provision of the new
rules, including the recordkeeping requirements, is provided.
Consequently, all nonbusiness PMCPs will be required to meet certain
recordkeeping requirements when the final rule is fully implemented.
Vehicle Requirements
Business PMCPs
Part 393, Parts and Accessories Necessary for Safe Operation, and
Part 396, Inspection, Repair and Maintenance, provide detailed safety
requirements for commercial motor vehicle components and inspection
thereof. Business PMCPs are required to comply with the vehicle
equipment requirements contained in part 393 (excluding fuel systems
that have been maintained and meet original manufacturer's standards)
and the maintenance and recordkeeping requirements in part 396. A few
carriers may need to perform minor retrofitting to bring their vehicles
into compliance with the requirements of part 393.
Nonbusiness PMCPs
Nonbusiness PMCPs must comply with the vehicle equipment
requirements in part 393 (excluding fuel systems that have been
maintained and meet original manufacturer's standards) and the
maintenance requirements of part 396. These carriers will not have to
comply with the recordkeeping requirements contained in part 396.
Insurance Requirements
Section 18 (a) through (g) of the Bus Regulatory Reform Act of 1982
(Pub. L. 97-261, 96 Stat. 1102, 1120, as amended) established minimum
levels of financial responsibility for for-hire motor carriers of
passengers. The Act did not extend coverage to motor carriers involved
in private transportation of passengers. Therefore, for purposes of
this final rule, PMCPs are not required to comply with part 387.
Enforcement
PMCPs will be subject to the FHWA and State motor carrier safety
enforcement activities. The FHWA has a field staff which monitors
compliance and enforces the regulations primarily by reviews of company
records. Also, the FHWA administers a formula grant program, the Motor
Carrier Safety Assistance Program (MCSAP), to reimburse States for
uniform enforcement of commercial motor vehicle safety and hazardous
materials compliance through roadside driver/vehicle inspections and
review of motor carrier safety practices.
Business PMCPs
The primary enforcement activity will be unannounced terminal and
roadside driver/vehicle inspections conducted by State personnel.
Roadside driver/vehicle inspections may include inspections performed
at origin or destination points such as parking lots, amusement parks,
sporting complexes, and convention centers as well as on the road. A
terminal inspection is a comprehensive vehicle inspection conducted at
the carrier's terminal facility, garage or at a bus station. The
vehicle standards for these inspections are reflected in the current
periodic inspection requirements (part 396, Appendix G). Business PMCP
drivers will have CDLs, medical cards, and records of duty status
reviewed.
Federal and State investigators will also conduct safety and
compliance reviews of these carriers at their principal places of
business. The investigators will review motor carriers' safety
management practices and regulatory compliance as evidenced by records
maintained. These carriers will also be subject to FHWA's rating
process and the provisions of the Motor Carrier Act of 1990 regarding
the consequences of unsatisfactory safety ratings, i.e., an
unsatisfactory rating will prohibit the operation of buses effective 45
days after receipt of the rating. Unsafe carriers will be subject to
the same civil and criminal penalties as all other carriers currently
under the jurisdiction of the FHWA. Carriers identified in FHWA's
information system as having unsafe operations will be scheduled for
safety and compliance reviews.
Nonbusiness PMCPs
Nonbusiness PMCPs will be subject to the same terminal and roadside
driver/vehicle inspections as business PMCPs, except the drivers will
only be subject to having their CDL reviewed and hours of service
verified from evidence gathered at the scene. Compliance reviews will
not be performed on these carriers nor will they be subject to FHWA's
safety rating process, unless the information systems reveal that the
carrier has been identified as having ongoing roadside safety
inspection problems.
Marking
To facilitate State inspections of these vehicles and drivers, the
FHWA is requiring each PMCP to have its name, city and State, and U.S.
DOT number marked on the side of the bus to the extent presently
required of all motor carriers.
Implementation
Marketing and Educational Program
Because PMCPs have not been regulated in the past, the FHWA and
state personnel will be providing educational and technical assistance
for these carriers prior to the effective date. The FHWA is seeking
comments on the type and scope of educational and technical assistance
that should be provided to assist PMCPs in complying with the FMCSRs.
Comments must be received on or before October 1, 1994. The FHWA will
make the materials available to National and State organizations which
represent PMCPs or anyone who requests assistance directly from the
FHWA. The FHWA also has Division offices in every State that can answer
questions and provide technical assistance to these carriers upon
request. The addresses for the FHWA Division Offices are listed in
appendix D to 49 CFR part 7.
Effective Date
PMCPs (business and nonbusiness) will have until January 1, 1995,
to meet these requirements.
Rulemaking Analyses and Notices
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
Because this rulemaking has been the subject of substantial
congressional and public interest, the FHWA has determined that this
final rule is a significant regulatory action within the meaning of
Executive Order 12866 and a significant regulation under the DOT
regulatory policies and procedures. In the Motor Carrier Act of 1984,
Congress expanded the definitions of ``interstate commerce'' and
``commercial motor vehicle'' which expanded the Department of
Transportation's regulatory jurisdiction to include private motor
carriers of passengers. Both Congress and the bus industry have shown a
keen interest in the progress of this rulemaking. The safety benefits
and opportunities for benefits from this rule will offset any cost. A
regulatory evaluation has been prepared and is available for review in
the public docket.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (Pub. L. 96-354,
5 U.S.C. 605(b)), the FHWA has evaluated the effects of this rule on
small entities. Many small entities will be economically impacted by
this rulemaking and some may decide to cease transportation of
passengers rather than comply with the safety rules and regulations.
However, the overall impact on small entities will be minimal. The FHWA
is exempting the majority of small entities--those defined as
nonbusiness--from the paperwork and recording requirements of this
rule. The vast majority of PMCPs are small entities, especially the
non-business carriers. Some of the smallest entities may find it
preferable to discontinue their operations in interstate commerce, and
to charter buses for their interstate trips. Private carriers which pay
their drivers are even more likely to consider chartering as an option
because of their increased costs for driver salaries or other
compensation. Chartering does not reduce the cost of complying with
this rule, but does place an effective ceiling on how much this rule
might cost small entities. Thus, under the criteria of the Regulatory
Flexibility Act, the FHWA hereby certifies that this action will not
have a significant economic impact on a substantial number of small
entities.
Executive Order 12612 (Federalism Assessment)
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that this action does not have sufficient federalism implications to
warrant the preparation of a federalism assessment. This regulation
amends certain parts of the FMCSRs pertaining to the scope and
applicability of the FMCSRs to interstate transportation by PMCPs as
authorized by the Motor Carrier Act of 1984. The FMCSRs establish
minimum safety regulations which may be supplemented by the States,
provided the State safety laws and regulations are compatible with the
Federal requirements. (See 57 FR 40946, September 8, 1992, which
includes the Tolerance Guidelines for Adopting Compatible State Rules
and Regulations.) The statutory basis for Federal regulation of
interstate commerce has been outlined above. Accordingly, it is
certified that the policies contained in this document have been
assessed in light of the principles, criteria, and requirements of the
Federalism Executive Order.
Executive Order 12372 (Intergovernmental Review)
Catalog of Federal Domestic Assistance Program Numbers 20.217,
Motor Carrier Safety, and 20.218, Motor Carrier Safety Assistance
Program. The regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities apply
to this program.
Paperwork Reduction Act
The information collection requirements in part 390 of this rule
are being submitted to the Office of Management and Budget for approval
under the Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq.
National Environmental Policy Act
The agency has analyzed this action for the purpose of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and has
determined that this action would not have any effect on the quality of
the environment.
Regulation Identification Number
A regulation identification number (RIN) is assigned to each
regulatory action listed in the Unified Agenda of Federal Regulations.
The Regulatory Information Service Center publishes the Unified Agenda
in April and October of each year. The RIN contained in the heading of
this document can be used to cross reference this action with the
Unified Agenda.
List of Subjects in 49 CFR Parts 390, 391, 393, 395, and 396
Highway safety, Motor carriers, Motor vehicle safety, Reporting and
recordkeeping requirements.
Issued on: February 14, 1994.
Rodney E. Slater,
Federal Highway Administrator.
In consideration of the foregoing, the FHWA is amending title 49,
Code of Federal Regulations, subtitle B, chapter III, parts 390, 391,
393, 395 and 396 as set forth below.
PART 390--[AMENDED]
1. The authority citation for part 390 continues to read as
follows:
Authority: 49 U.S.C. app. 2503 and 2505; 49 U.S.C. 3102 and
3104; 49 CFR 1.48.
Sec. 390.3 [Amended]
2. In Sec. 390.3, paragraph (f)(6) is removed.
Sec. 390.5 [Amended]
3. In Sec. 390.5, the definition of motor carrier is revised; the
definitions of private motor carrier of passengers and private motor
carrier of property are removed; the definitions of private motor
carrier, private motor carrier of passengers (business) and private
motor carrier of passengers (nonbusiness) are added in alphabetical
order as follows:
Sec. 390.5 Definitions.
* * * * *
Motor carrier means a for-hire motor carrier or a private motor
carrier. The term includes a motor carrier's agents, officers and
representatives as well as employees responsible for hiring,
supervising, training, assigning, or dispatching of drivers and
employees concerned with the installation, inspection, and maintenance
of motor vehicle equipment and/or accessories. For purposes of
subchapter B, this definition includes the terms employer, and exempt
motor carrier.
* * * * *
Private motor carrier means a person who provides transportation of
property or passengers, by commercial motor vehicle, and is not a for-
hire motor carrier.
Private motor carrier of passengers (business) means a private
motor carrier engaged in the interstate transportation of passengers
which is provided in the furtherance of a commercial enterprise and is
not available to the public at large.
Private motor carrier of passengers (nonbusiness) means private
motor carrier involved in the interstate transportation of passengers
that does not otherwise meet the definition of a private motor carrier
of passengers (business).
* * * * *
PART 391--[AMENDED]
5. The authority citation for part 391 continues to read as
follows:
Authority: 49 U.S.C. app. 2505; 49 U.S.C. 504 and 3102; 49 CFR
1.48.
Sec. 391.31 [Amended]
6. In Sec. 391.31, paragraph (a) is revised to read as follows:
Sec. 391.31 Road test.
(a) Except as provided in subpart G, a person shall not drive a
motor vehicle unless he/she has first successfully completed a road
test and has been issued a certificate of driver's road test in
accordance with this section.
* * * * *
Sec. 391.35 [Amended]
7. In Sec. 391.35, paragraph (a) is revised to read as follows:
Sec. 391.35 Written examination.
(a) Except as provided in subpart G, a person shall not drive a
motor vehicle unless he/she has first taken a written examination in
accordance with this section.
* * * * *
8. In Sec. 391.51, paragraph (a) is revised to read as follows:
Sec. 391.51 Driver qualification files.
(a) Except as provided in subpart G, each motor carrier shall
maintain a driver qualification file for each driver it employs. A
driver's qualification file may be combined with the driver's personnel
file.
* * * * *
9. Sec. 391.68 is added to subpart G to read as follows:
Sec. 391.68 Private motor carrier of passengers (nonbusiness).
(a) The following rules in this part do not apply to a private
motor carrier of passengers (nonbusiness) and their drivers:
(1) Section 391.11(b)(8), (b)(10), (b)(11), and (b)(12), (relating
to driver qualifications in general).
(2) Subpart C (relating to disclosure of, investigation into, and
inquiries about the background, character, and driving record of,
drivers).
(3) Subpart D (relating to road tests and written examinations).
(4) So much of Secs. 391.41 and 391.45 as require a driver to be
medically examined and to have a medical examiner's certificate on his/
her person.
(5) Subpart F (relating to maintenance of files and records).
(6) Subpart H (relating to controlled substances testing).
(b) The following rules in this part do not apply to a private
motor carrier of passengers (business) driver: subpart D (relating to
road tests and written examinations).
10. Section 391.73 is added to subpart G to read as follows:
Sec. 391.73 Private motor carrier of passengers (business).
The provisions of Sec. 391.21 (relating to applications for
employment), Sec. 391.23 (relating to investigations and inquiries),
Sec. 391.31 (relating to road tests), and Sec. 391.35 (relating to
written examinations) do not apply to a driver who has been a regularly
employed driver (as defined in Sec. 390.5 of this subchapter) of a
private motor carrier of passengers (business) as of July 1, 1994, so
long as the driver continues to be a regularly employed driver of that
motor carrier. Such a driver is qualified to drive a motor vehicle if
that driver fulfills the requirements of paragraphs (b)(1) through
(b)(9) of Sec. 391.11 (relating to qualifications of drivers).
11. In Sec. 391.83, paragraph (a) is revised to read as follows:
Sec. 391.83 Applicability.
(a) Except for a private motor carrier of passengers (nonbusiness),
this subpart applies to motor carriers and persons who operate a
commercial motor vehicle as defined in this subpart in interstate
commerce and are subject to the driver qualification requirements of
part 391 of this subchapter.
* * * * *
PART 393--[AMENDED]
12. The authority citation for part 393 continues to read as
follows:
Authority: 49 U.S.C. app. 2505; 49 U.S.C. 3102; 49 CFR 1.48.
Sec. 393.67 [Amended]
13. Section 393.67 is amended by adding a new paragraph (a)(6) to
read as follows:
Sec. 393.67 Liquid fuel tanks.
(a) * * *
(6) Private motor carrier of passengers. Motor carriers engaged in
the private transportation of passengers may continue to operate a
commercial motor vehicle which was not subject to this section or 49
CFR 571.301 at the time of its manufacture, provided the fuel tank of
such vehicle is maintained to the original manufacturer's standards.
* * * * * *
PART 395--[AMENDED]
16. The authority citation for part 395 continues to read as
follows:
Authority: 49 U.S.C. 3102; 49 U.S.C. app. 2505; and 49 CFR 1.48.
17. In Sec. 395.8, paragraph (a) introductory text is revised to
read as follows:
Sec. 395.8 Driver's record of duty status.
(a) Except for a private motor carrier of passengers (nonbusiness),
every motor carrier shall require every driver used by the motor
carrier to record his/her duty status for each 24 hour period using the
methods prescribed in either paragraphs (a)(1) or (2) of this section.
* * * * *
PART 396--[AMENDED]
18. The authority citation for part 396 continues to read as
follows:
Authority: 49 U.S.C. app. 2509; 49 U.S.C. 3102; 49 CFR 1.48.
19. In Sec. 396.3, the introductory text of paragraph (b) is
revised to read as follows:
Sec. 396.3 Inspection, repair, and maintenance.
* * * * *
(b) Required records--For vehicles controlled for 30 consecutive
days or more, except for a private motor carrier of passengers
(nonbusiness), the motor carriers shall maintain, or cause to be
maintained, the following record for each vehicle:
* * * * *
20. In Sec. 396.11, paragraph (d) is revised to read as follows:
Sec. 396.11 Driver vehicle inspection report(s).
* * * * *
(d) Exemption. The rules in this section shall not apply to a
private motor carrier of passengers (nonbusiness) operations,
driveaway-towaway operations as specified in Sec. 396.15, or to any
motor carrier operating only one (1) motor vehicle.
[FR Doc. 94-3951 Filed 2-22-94; 8:45 am]
BILLING CODE 4910-22-P