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) 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) .

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

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)

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.

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.

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 1233-34. 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.

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.

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)

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

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 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 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: 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

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

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

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+ 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

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 Mark.Abrahamson@dot.wi.gov ETA – Educational Technical Assistance –pdf https://www.fmcsa.dot.gov/safety/carrier-safety/motor-carriers-guide-improving-highway-safety