Transcript WLA WI DOT Power Point - Wisconsin Limousine Association

Limousine Operations
Sgt. Mark J. Abrahamson
920-960-8193
6/26/2016
Recent efforts to increase safety and education
► Nationwide
- Passenger Safety Initiative (PSI)
 Conducted increased efforts in June (Midwest Division)
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Miller Park, Chilton Brewfest, Fireside, and carrier contacts
 Continued focus on increasing compliance and reduce crash rates
► Wisconsin
– Legislative Efforts
 Common Motor Carrier Definition Change – Addressed improper insurance (Act 364)
 Addition of “Intrastate carriers” to Chapter 194 (Act 135)
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FMCSR’s Applicability
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Commercial motor vehicle means a vehicle used in
commerce to transport passengers or property when the
vehicle. (Note: this definition is different for CDL and Alcohol and Controlled Substance Testing Requirements)
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(1) Has a GVWR, GCWR, gross vehicle weight or gross combination
weight 10,001 pounds or more
(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
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Applicability
The extent of regulation applicability depends on:
Designed capacity or the number of passengers you are
transporting.
► Interstate or Intrastate commerce
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 Interstate must comply with full FMCSR’s
 Intrastate has some “relief” from full compliance requirements with
FMCSR’s (Transportation Order Tr327)
Determining Passenger Capacity
Registration and Intrastate Insurance
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Capacity is determined by dividing by 20 the total seating space measured in inches
Operators License and Interstate Insurance
Capacity is determined by the original manufacturers design
► Original design cannot be “changed” by removing seats unless all are removed and the
vehicle is converted to a property carrying unit.
► Wisconsin’s passenger vehicle endorsement is based on designed capacity OR actually
carrying 16 or more passengers including the driver.
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For registration and intrastate insurance seat space is measured where the seat cushion
meets the back cushion across. The total of all measurements divided by 20” determines
applicability. 49CFR571.3 defines manufacturers OEM designed capacity determination.
Applicability
The extent of regulation applicability depends on:
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If the transportation is for compensation
The FMCSA has determined that any business entity that assesses a
fee, monetary or otherwise, directly or indirectly for the transportation
of passengers is operating as a for-hire carrier. Thus, the
transportation for compensation in commerce of passengers by motor
vehicle would be subject to the FMCSR’S.
Interstate Commerce/Airport
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“through-ticketing” The Secretary of Transportation has jurisdiction
over an entity making intrastate passenger-carrying trips only where
there is a “contractual connection” between the intrastate carrier and
an interstate carrier for the “continuous passage” of the passengers.
Walters, 575 F.3d at 1233-34.
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If a contractual connection exists (i.e. Package dealHotel/Transportation/Flight fare) the intra-state travel within a state
will be subject to all applicable interstate requirements.
MCS 150 FORM
► Required
to be updated at least every 24 months
 Must indicate passenger carrier
 Identify vehicle types in operation
Keep current to changes in carrier
operations information affects CSA data.
8 passengers or less
What’s needed to comply?
Exempt from federal safety regulations but requires compliance with authority and
insurance.
Intrastate Commerce:
► Possess for-hire authority from WisDOT (PC#)
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For passenger vehicles with a gross weight of 10,000 pounds or less is $300,000
Passenger vehicles over 10,000lbs and carrying capacity of less than 16 including the driver = $1.5M
Interstate Commerce:
► Possess for-hire authority from FMCSA (MC#)
► Insurance in amount of $1,500,000 on file with FMCSA
► Proof of insurance at principle place of business (MCS-90B or MCS-82B)
9-15 Passenger
What’s needed to comply?
Intrastate Commerce: (strictly within Wisconsin)
► USDOT # (MCS 150 filing)
► Vehicle Marking – Must display USDOT# and Carrier Name on both sides of limousine
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Contrasting Color, Visible from 50’
May use a magnetic sign if desired
Positioned at any location on the side of the limousine
9-15 Passenger
Intrastate Continued
Drivers subject to Part 392
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Handheld cell phone use and texting prohibited
No alcohol or drug
Cannot be ill or fatigued
Vehicles subject to Part 393/396
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Emergency exit requirements and testing every 90 days
Must be inspected annually in accordance with 396.17 (Annual DOT) proof carried in the limousine
If carrier operates more than (1) vehicle must complete pre and post trip inspections. Post trip must
be documented if violations are discovered. (maintain record for 3 months)
Authority and Insurance
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Requires PC Authority (One time $50, annual renewal of $5 added to registration fee)
For passenger vehicles with a gross weight of 10,000 pounds or less is $300,000
Passenger vehicles over 10,000lbs and carrying capacity of less than 16 including the driver = $1.5M
REGISTERED AS A PASSENGER CAR NOT A TRUCK
9-15 Passenger
INTERSTATE
In addition to the previous intrastate requirements the
following may be required:
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Record of Duty Status unless within 100 miles and use time cards. Still subject
to the 10/15, 60/70hr rule.
Federal Medical Card
Interstate for-hire authority (MC#)
Insurance on file with FMCSA $1,500,000 proof at principle business on MCS90B or MCS-82B
Driver qualification Part 391
16+ Passenger
What’s needed to comply?
Intrastate Commerce:
► USDOT # (MCS 150 filing)
► Vehicle Marking – Must display USDOT# and Carrier Name on both sides of Bus/Limousine
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Contrasting Color, Visible from 50’
May use a magnetic sign if desired
Positioned at any location on the side of the limousine
16+ Passenger
Intrastate Continued
Drivers subject to CDL, Part 382 – Drug/Alcohol Program, Part 392Driving requirements, Hours of Service.
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Handheld cell phone use and texting prohibited
No alcohol or drug use
Cannot be ill or fatigued
Must have had a pre-employment Drug/Alcohol test and be in random pool
Possess a CDL for type of vehicle operating with passenger endorsement
Possess a Federal Medical Card unless grandfathered
Subject to Wisconsin Hours of Service Rules (Tr327) (If GVWR >26,000LBS)
Drive maximum of 12 hours after 10 consecutive hours off
Be on-duty 16 hours after 10 consecutive hours off
On duty 70 hours in 7 consecutive days
On duty 80 hours in 8 consecutive days
► Time cards at business if within 150 air miles
► If over 150 miles must have record of duty status
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16+ Passenger
Intrastate Continued
Authority and Insurance
PC authority is required if for compensation
► Must have on-file with WisDOT or FMCSA $5M proof of insurance. Proof must
be on file with DMV on Form E
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(Seating capacity determined by dividing by 20 the total seating space measured in inches)
Vehicles subject to Part 393/396
Emergency exit requirements and testing every 90 days
► Must be inspected annually in accordance with Wisconsin Motor Bus Program
► If carrier operates more than (1) vehicle must complete pre and post trip
inspections. Post trip must be documented if violations are discovered.
(maintain record for 3 months)
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Registered as a BUS
16+ Passenger
INTERSTATE
In addition to the previous intrastate requirements the following may be required:
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Record of Duty Status unless within 100 miles and use time cards outside of
100 air miles requires a record of duty status
Meet the Hours of service for Passenger Vehicles through Part 395
► 10 hours of drive time after 8 consecutive off
► 15 hours of on-duty after 8 consecutive off
► 60/70 Hour rule
Interstate for-hire authority (MC#)
► Insurance on file with FMCSA $5,000,000 proof at principle business on MCS90B or MCS-82B
► Registered as a BUS and inspected annually through Wisconsin Bus Inspection
Program
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Passenger Considerations
Open Intoxicants Prohibition:
Does not apply to passengers in a limousine or in a motor
bus who possess any bottle or receptacle containing
alcohol beverages that has been opened. If the vehicle is
operated by a chauffeur holding a valid license and
endorsements authorizing operation of the vehicle.
"Chauffeur" means a person employed full time or on a regular basis, including
leased drivers, for the principal purpose of operating a motor vehicle
"Limousine" means any motor vehicle for charter or hire which is operated by a
chauffeur and designed for transporting persons rather than property
Complaint Procedures
► National
Complaint Data Base – Interstate
or 383/382 Violations
 https://nccdb.fmcsa.dot.gov/nccdb/home.aspx
►Anonymous
not given much weight
►Typically visited by FMCSA staff
►May not assure divulgence of reporter
Complaint Procedures
► Intrastate
Violations:
 No web based process – must call or email
►DSP
Motor Carrier Information Line 608-267-9762
►Unless required by court do not divulge reporter
Questions?
► Sgt.
Mark Abrahamson 920-960-8193
[email protected]
ETA – Educational Technical Assistance –pdf
https://www.fmcsa.dot.gov/safety/carrier-safety/motor-carriers-guide-improving-highway-safety