Airport Ground Transportation Association

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Airport Ground Transportation Association

• March 12, 2012
• Orlando, Florida
• Peter Chandler, Team Leader
• Commercial Passenger Carrier Safety Division

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Topics to be Covered

1. Airport Related Transportation and Interstate
   Commerce
2. FMCSAs Commercial Requirements
3. FMCSAs Safety Regulations and 9-15 Passenger
   Vehicles
4. CSA Program Overview
5. SaferBus Mobile Application

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Interstate Commerce

• Case law has broadened the legal view of
  interstate commerce in regard to airport related
  transportation.
• The expansion of internet-based travel
  arrangements has prompted a rethinking of the
  formalistic rules defining interstate travel.

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Interstate Commerce

• Through ticketing or a common arrangement, such
  as a written or contractual agreement with an
  airline, is no longer viewed as necessary for
  passenger transportation to or from an airport to
  be considered interstate commerce.
• The courts have rejected the view that through
  tickets are a requirement for interstate
  commerce.

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Interstate Commerce

• Common arrangements or through tickets are not
  the only ways to have interstate commerce.
• The prearranged nature of passenger carriage to
  and from an airport with an absence of random or
  on-call characteristics can be sufficient to
  render the transportation service as interstate.
  

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Interstate Commerce

• If local ground transportation is prearranged for
  interstate travelers, the courts have found the
  local transportation to be part of the flow of
  interstate commerce.
• When passengers arrive at an airport and fend for
  themselves to get to their next stop in any
  manner or at any time that suits them, passenger
  transportation subsequent to airport arrival is
  not a continuation of an interstate trip.

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Commercial Requirements

• A for-hire motor carrier that transports
  passengers in interstate commerce must obtain
  operating authority from FMCSA.
• Operating authority can be applied for on-line.
  There is a 300 fee and an MC number is assigned
  for your application.
• Operating authority applicants that are passenger
  carriers must go through a vetting process to
  verify the applicant is not a carrier attempting
  to reincarnate.

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Commercial Requirements

• The characteristics of the operated passenger
  vehicle have no relevance to the requirement to
  obtain operating authority.
• Operating authority is not required for the motor
  transportation of passengers incidental to
  transportation by aircraft. The transportation
  must (1) be confined to the transportation of
  passengers having an immediately prior or
  subsequent movement by air and (2) be within a
  25-mile radius of the airport with exceptions
  (refer to section 372.177).

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Commercial Requirements

• To obtain operating authority, evidence of
  insurance and designation of a process agent must
  be filed with FMCSA.
• Required level of insurance or financial
  responsibility depends upon the designed seating
  capacity (including the driver) of the largest
  vehicle.
• 16 or more passengers ? 5 million
• 15 or less passengers ? 1.5 million

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Financial Responsibility

• Even if you company is not required to obtain
  operating authority, a for-hire motor carrier
  transporting passengers in interstate commerce is
  subject to the same Federal financial
  responsibility requirements.
• Proof of financial responsibility such as a Form
  MCS-90B must be maintained at the principal place
  of business.
• There is a taxicab service exception.

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Safety Regulations

• A passenger carrier is subject to FMCSAs safety
  regulatory oversight when the vehicle transports
  passengers in interstate commerce and the vehicle
  is designed or used to transport 9 to 15
  passengers (including the driver) for
  compensation.
• The applicable regulations depend upon the form
  of the received compensation (i.e., in the form
  of either direct compensation or not for direct
  compensation). 

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Safety Regulations

• Direct compensation means payment made to the
  motor carrier by the passengers or the individual
  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. 

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Safety Regulations

• Motor carriers operating 9 to 15
  passenger-carrying commercial motor vehicles for
  direct compensation, regardless of the distance
  traveled, in interstate commerce are subject to
  the safety standards in part 385 and parts 390
  through 396 of the Federal Motor Carrier Safety
  Regulations.

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Safety Regulations

• Motor carriers are subject to these same
  regulations when their vehicle has a gross
  vehicle weight or gross vehicle weight rating of
  10,001 or more pounds and transports passengers
  in interstate commerce, even if the vehicle is
  designed and used to transport 8 or less
  passengers.

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Applicable Regulations

• Filing a motor carrier identification report and
  marking the commercial motor vehicles with the
  USDOT number
• New entrant safety audit and safety fitness
  rating
• Accident register recordkeeping requirements
• Medical examination and driver qualification file
  related requirements
• Hours of service related requirements
• Inspection, repair, and maintenance related
  requirements 

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Safety Regulations

• Motor carriers operating 9 to 15
  passenger-carrying commercial motor vehicles not
  for direct compensation, regardless of the
  distance traveled, in interstate commerce are
  required to
• file a motor carrier identification report and
  obtain a USDOT number,
• mark their commercial motor vehicles with the
  USDOT identification number, and
• maintain an accident register. 

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Safety Regulations
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CSA

• We believe CSA has improved the efficiency and
  effectiveness of FMCSAs enforcement and
  compliance program. CSA better enables FMCSA to
  achieve the Agencys mission to reduce commercial
  motor vehicle crashes, fatalities, and injuries.

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Administrator Ferros Top Priorities

• Raise the bar for motor carriers to enter the
  industry
• Maintain a high standard of safety and compliance
  to remain in the industry
• Remove unsafe drivers and motor carriers from the
  roadways

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What Changed

• The way FMCSA assesses motor carrier safety
• Identifies unsafe carrier and driver behaviors
  that lead to crashes
• Uses all safety-based roadside inspection
  violations (not just
  out-of-service violations)
• How FMCSA addresses motor carrier safety issues
• Reaches more motor carriers earlier and more
  frequently
• Improves efficiency of investigations by focusing
  on specific unsafe behaviors and requiring
  corrective actions

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Three Core Components

• New intervention processEmploys an array of
  interventions instead of the sole option of a
  labor-intensive compliance review
• Passenger Carriers may have a focused
  investigation if they have had a comprehensive
  investigation within the last 12 months.
• New approach to Safety Fitness Determination
  (SFD)
• In the future, the safety rating will be tied to
  current safety performance and not limited to
  results of acute and critical violations from a
  compliance review.

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BASICs

• BASICs focus on behaviors linked to crash risk
• Unsafe Driving (Parts 392 397)
• Fatigued Driving (Hours-of-Service) (Parts 392
  395)
• Driver Fitness (Parts 383 391)
• Controlled Substances/Alcohol (Parts 382 392)
• Vehicle Maintenance (Parts 393 396)
• Cargo-Related (Parts 392, 393, 397 HM)
• Crash Indicator

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New Intervention Tools

• New intervention tools reach more carriers and
  influence safety compliance earlier
• Warning Letters
• Investigations
• Off-site Investigations (Not for passengers
  carriers)
• Focused On-site Investigations
• Comprehensive On-site Investigations
• Follow-on corrective actions
• Cooperative Safety Plan (CSP)
• Notice of Violation (NOV)
• Notice of Claim (NOC)
• Operations Out-of-Service Order (OOS)

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• Mandatory High Risk Passenger Carrier
  Investigation Policy
• Passenger carriers that are designated as high
  risk for one monthly assessment and have had no
  comprehensive or focused investigation within the
  previous 12 months must be investigated within 90
  days.

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• For more information about CSA, please visit
  http//csa.fmcsa.dot.gov

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• SaferBus Mobile Application
• The Look Before You Book campaign with the
  SaferBus app as its primary feature grew out of
  the discussions related to the National
  Motorcoach Safety Summit.

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SaferBus Mobile Application

• SaferBus app provides 24/7 access to important
  safety information that passengers should review
  before selecting a bus company for
  transportation.
• We believe consumers who are armed with good
  information will choose the safest not
  necessarily the cheapest way to get from one
  place to another.
• SaferBus app users can link to the NCCDB Web site
  and file a complaint from their iPhone or iPad.
• Droid compatible SaferBus app is being developed
  too.

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Contacting FMCSA

• You can contact the FMCSA Passenger Carrier
  Safety Division by e-mail at
• MC-ECP_at_DOT.GOV
• My e-mail is
• peter.chandler_at_dot.gov

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• Thank You
• Any questions?