Private Motor Carriers of Passengers
Topics: Federal Highway Administration
Rodney E. Slater
February 23, 1994
[Federal Register: February 23, 1994] _______________________________________________________________________ Part VII Department of Transportation _______________________________________________________________________ Federal Highway Administration _______________________________________________________________________ 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. ----------------------------------------------------------------------- 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
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