Transcript File - Airport Ground Transportation Association

Airport Ground Transportation Association
March 12, 2012
Orlando, Florida
Peter Chandler, Team Leader
Commercial Passenger Carrier Safety Division
U.S. Department of Transportation
Topics to be Covered
1. Airport Related Transportation and Interstate
Commerce
2. FMCSA’s Commercial Requirements
3. FMCSA’s Safety Regulations and 9-15
Passenger Vehicles
4. CSA Program Overview
5. SaferBus Mobile Application
U.S. Department of Transportation
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.
U.S. Department of Transportation
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.
U.S. Department of Transportation
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.
U.S. Department of Transportation
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.
U.S. Department of Transportation
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.
U.S. Department of Transportation
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).
U.S. Department of Transportation
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
U.S. Department of Transportation
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.
U.S. Department of Transportation
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
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).
U.S. Department of Transportation
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.
U.S. Department of Transportation
Safety Regulations
Motor carriers operating 9 to 15 passengercarrying 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.
U.S. Department of Transportation
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.
U.S. Department of Transportation
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
U.S. Department of Transportation
Safety Regulations
Motor carriers operating 9 to 15 passengercarrying 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.
U.S. Department of Transportation
Safety Regulations
U.S. Department of Transportation
U.S. Department of Transportation
U.S. Department of Transportation
U.S. Department of Transportation
CSA
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.
U.S. Department of Transportation
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
U.S. Department of Transportation
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
U.S. Department of Transportation
Three Core Components
New intervention process
Employs 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.
U.S. Department of Transportation
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
U.S. Department of Transportation
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)
U.S. Department of Transportation
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.
U.S. Department of Transportation
For more information about CSA, please
visit: http://csa.fmcsa.dot.gov
U.S. Department of Transportation
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.
U.S. Department of Transportation
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.
U.S. Department of Transportation
Contacting FMCSA
You can contact the FMCSA
Passenger Carrier Safety Division by
e-mail at:
[email protected]
My e-mail is:
[email protected]
U.S. Department of Transportation
Thank You
Any questions?
U.S. Department of Transportation