Passenger Carrier Overview

The Passenger Carrier information provided is general in nature, summarized, and intended to assist the motor carrier in understanding major regulation compliance points. It does not take place of the published Federal Motor Carrier Regulations which can be found in Title 49 of the US Code of Federal Regulations. The motor carrier is responsible for maintaining familiarity and compliance with ALL current and applicable regulations.

Motor Carrier of Passengers is categorized by the type of service they offer and the size of the vehicles. A general summery is provided below in order to determine which category fits your operation.

1. For-Hire Motor Carrier of Passengers (small vehicle), vehicles designed or used to transport 9 to 15 passengers including the driver, is the transportation of passengers, the motor carrier is directly compensated, and is generally available to the public at large. Examples includes: limos, taxis, and shuttle vans.
2. For-Hire Motor Carrier of Passengers, vehicles designed or used to transport more than 15 passengers including the driver, is the transportation of passengers for a commercial purpose where the motor carrier is compensated, either directly or indirectly, and is generally available to the public at large. Examples includes: intercity bus lines such as Greyhound, charter buses and canoe rental companies.
3. Private Motor Carriers of Passengers – Business (small vehicle) vehicles designed or used to transport between 9 and 15 passengers including the driver, is the transportation of passengers, not for direct compensation, provided the vehicle does not otherwise meet the definition of a commercial motor vehicle. This type of vehicle and operation is indirectly compensated for providing transportation incidental to their main business.Examples includes: white water rafting companies and hotel shuttles.
4. Private Motor Carriers of Passengers – Business, vehicles designed or used to transport more than 15 passengers including the driver, is the transportation of passengers in the furtherance of a commercial purpose and not available to the general public. Examples includes: professional musicians and companies that transport their own employees.
5. Private Motor Carriers of Passengers – Nonbusiness, vehicles designed to transport more than 15 passengers including the driver, is the transportation of passengers that is not in the furtherance of a commercial purpose, not available to the general public and does not require or accept compensation for the transportation. Examples includes: church buses, civic organizations, scout groups, charitable organizations and private schools.
6. School Buses

The hours of service regulations for passenger carrying commercial motor vehicles are different than the hours of service regulations for property carrying commercial motor vehicles. The passenger carrying hours of service regulation is:

49 CFR 395.5 Maximum driving time for passenger-carrying vehicles:

Subject to the exceptions and exemptions in §395.1:

(a) No motor carrier shall permit or require any driver used by it to drive a passenger-carrying commercial motor vehicle, nor shall any such driver drive a passenger-carrying commercial motor vehicle:

1. More than 10 hours following 8 consecutive hours off duty; or
2. For any period after having been on duty 15 hours following 8 consecutive hours off duty.

(b) No motor carrier shall permit or require a driver of a passenger-carrying commercial motor vehicle to drive, nor shall any driver drive a passenger-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver's services, for any period after—

1. Having been on duty 60 hours in any 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; or
2. Having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week.

Note: Drivers of passenger carrier CMVs fall under the 10 hours driving and 15 hours on duty limits, are not required to take a 30 minute break before the 8^th hour of being on-duty and/or driving, and are not allowed to “re-start” their 60/70 hour clock by taking 34 hours off duty

49 CFR 383.5

49 CFR 390.5

Bus means any motor vehicle designed, constructed, and/or used for the transportation of passengers, including taxicabs.

Charter transportation of passengers means transportation, using a bus, of a group of persons who pursuant to a common purpose, under a single contract, at a fixed charge for the motor vehicle, have acquired the exclusive use of the motor vehicle to travel together under an itinerary either specified in advance or modified after having left the place of origin.

Commercial Motor Vehicle* means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle—

1. Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or
2. Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
3. Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
4. Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C.

*Note this definition is different than the definition in 49 CFR 383.5. This CMV definition is for applicability of the Federal Motor Carrier Safety Regulations.

Direct compensation means payment made to the motor carrier by the passengers or a person 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.

For-hire motor carrier means a person engaged in the transportation of goods or passengers for compensation.

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).

School bus means a passenger motor vehicle which is designed or used to carry more than 10 passengers in addition to the driver, and which the Secretary determines is likely to be significantly used for the purpose of transporting preprimary, primary, or secondary school students to such schools from home or from such schools to home.

School bus operation means the use of a school bus to transport only school children and/or school personnel from home to school and from school to home.