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Airport Ground Transportation Association

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The expansion of internet-based travel arrangements has prompted a rethinking of the formalistic rules defining interstate travel. Interstate Commerce . – PowerPoint PPT presentation

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Title: Airport Ground Transportation Association


1
Airport Ground Transportation Association
  • March 12, 2012
  • Orlando, Florida
  • Peter Chandler, Team Leader
  • Commercial Passenger Carrier Safety Division

2
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

3
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.

4
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.

5
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.

6
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.

7
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.

8
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).

9
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

10
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.

11
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). 

12
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. 

13
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.

14
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.

15
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 

16
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. 

17
Safety Regulations
18
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19
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20
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21
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.

22
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

23
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

24
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.

25
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

26
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)

27
  • 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.

28
  • For more information about CSA, please visit
    http//csa.fmcsa.dot.gov

29
  • 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.

30
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.

31
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

32
  • Thank You
  • Any questions?
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