U.S. Department of Transportation Airport Ground Transportation Association Conference Henderson, Nevada October 8, 2012a Loretta G. Bitner, Chief Commercial

U.S. Department of Transportation

Airport Ground Transportation AssociationConference

Henderson, NevadaOctober 8, 2012a

Loretta G. Bitner, ChiefCommercial Passenger Carrier Safety Division

Office of Enforcement and ComplianceFederal Motor Carrier Safety Administration

Loretta G. Bitner


Interstate Commerce

What’s changed:

• The expansion of internet-based travel arrangements has prompted a rethinking of the formalistic rules defining interstate travel.

• The basic business model is changing due to new technologies.


Interstate Commerce

What’s changed:

• Case law has broadened the legal view of interstate commerce in regard to airport related transportation. May include:o Travel Agent

o Resort

o On-line ticketing


Interstate Commerce

Some courts have rejected the view that through tickets are required to determine interstate commerce. Saying:

• Through ticketing or a common arrangement, such as a written or contractual agreement with an airline, is no longer viewed as the sole requirement to be considered interstate commerce.

• The prearranged nature of passenger carriage to and from an airport with an absence of random or on-call characteristics may be sufficient to render the transportation service as interstate.


Interstate Commerce

• If local ground transportation is prearranged for interstate travelers, some 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.


FMCSA Jurisdiction

Two Types:

• Commercial - Inherited from the ICC• Operating Authority• Filing of Insurance • Process Agent

• Safety – Commercial Motor Vehicle Operations• Hours of Service• Vehicle Maintenance/Marking• USDOT Number• Driver Qualifications


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. Generally 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.• May take several months to be granted authority



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:

• be confined to the transportation of passengers having an immediately prior or subsequent movement by air; and

• be within a 25-mile radius of the airport with exceptions.

• Section 372.177



• To obtain operating authority, evidence of insurance and designation of a process agent (BOC-3) 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


Financial Responsibility

Even if your 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.


Safety Regulations

A passenger carrier is subject to FMCSA’s 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 direct compensation.


Safety Regulations

The applicable regulations depend upon the form of the received compensation. Either:

• direct compensation; or

• not for direct compensation.


Safety Regulations

Direct Compensation

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.


Safety Regulations

Motor carriers operating 9 to 15 passenger carrying commercial motor vehicles for direct compensation in interstate commerce are subject to the Federal Motor Carrier Safety Regulations in:

• part 385; and

• parts 390 through 396.

Regardless of the distance traveled


Safety Regulations

Motor carriers are subject to these same safety 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.


Applicable Regulations

What applies:

• 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


Applicable Regulations

What applies:

• Hours of service related requirements

• Inspection, repair, and maintenance related requirements

• Texting ban

• Hand held mobile telephone ban


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.


Safety Regulations





Compliance, Safety, Accountability

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


Administrator Ferro’s 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


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


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.


BASICs

BASICs focus on behaviors linked to crash risk

1. Unsafe Driving (Parts 392 & 397)

2. Fatigued Driving (Hours-of-Service) (Parts 392 & 395)

3. Driver Fitness (Parts 383 & 391)

4. Controlled Substances/Alcohol (Parts 382 & 392)

5. Vehicle Maintenance (Parts 393 & 396)

6. Cargo-Related (Parts 392, 393, 397 & HM)

7. Crash Indicator


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)


CSA

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.


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


Look Before You Book

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.


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.


Contacting FMCSA

Contact the FMCSA Passenger Carrier Safety Division by e-mail at:

[email protected]


Thank YouAny questions?

Documents

U.S. Department of Transportation Airport Ground Transportation Association Conference Henderson, Nevada October 8, 2012a Loretta G. Bitner, Chief Commercial