1. Limousine Operations
Sgt. Mark J. Abrahamson
6/26/2016

2. Recent efforts to increase safety and education
Nationwide - Passenger Safety Initiative (PSI)
Conducted increased efforts in June (Midwest Division)
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) .

3. FMCSR’s Applicability
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)
(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

4. The extent of regulation applicability depends on:
Designed capacity or the number of passengers you are transporting.
Interstate or Intrastate commerce
Interstate must comply with full FMCSR’s
Intrastate has some “relief” from full compliance requirements with FMCSR’s (Transportation Order Tr327)

5. Determining Passenger Capacity
Registration and Intrastate Insurance
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.
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.

6. The extent of regulation applicability depends on:
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.

7. Interstate Commerce/Airport
“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
If a contractual connection exists (i.e. Package deal- Hotel/Transportation/Flight fare) the intra-state travel within a state will be subject to all applicable interstate requirements.

8. 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.

9. What’s needed to comply?
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#)
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)

10. What’s needed to comply?
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
Contrasting Color, Visible from 50’
May use a magnetic sign if desired
Positioned at any location on the side of the limousine

11. 9-15 Passenger Intrastate Continued
Drivers subject to Part 392
Handheld cell phone use and texting prohibited
No alcohol or drug
Cannot be ill or fatigued
Vehicles subject to Part 393/396
Emergency exit requirements and testing every 90 days
Must be inspected annually in accordance with (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
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

12. 9-15 Passenger INTERSTATE
In addition to the previous intrastate requirements the following may be required:
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 MCS-90B or MCS-82B
Driver qualification Part 391

13. What’s needed to comply?
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
Contrasting Color, Visible from 50’
May use a magnetic sign if desired
Positioned at any location on the side of the limousine

14. 16+ Passenger Intrastate Continued
Drivers subject to CDL, Part 382 – Drug/Alcohol Program, Part 392- Driving requirements, Hours of Service.
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

15. 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
(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)
Registered as a BUS

16. 16+ Passenger INTERSTATE
In addition to the previous intrastate requirements the following may be required:
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 MCS-90B or MCS-82B
Registered as a BUS and inspected annually through Wisconsin Bus Inspection Program

17. 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

18. Complaint Procedures
National Complaint Data Base – Interstate or 383/382 Violations
Anonymous not given much weight
Typically visited by FMCSA staff
May not assure divulgence of reporter

19. Complaint Procedures Intrastate Violations:
No web based process – must call or
DSP Motor Carrier Information Line
Unless required by court do not divulge reporter

20. Questions? Sgt. Mark Abrahamson 920-960-8193
ETA – Educational Technical Assistance –pdf