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Historically, the predecessor agencies of the FMCSA only regulated "for-hire" transportation of passengers with a vehicle designed to transport more than 15 passengers, including the driver. Private motor carriers of passengers (PMCPs) became subject to the FMCSRs on January 1, 1995. They are separated into two groups (business or nonbusiness) and are exempt from certain requirements of the FMCSRs. Motor carriers operating vehicles designed or used to transport 9 to 15 passengers (including the driver) for compensation became subject to three regulatory standards on February 12, 2001. For-Hire CarriersThree factors must be present before a motor carrier of passengers is classified as a "for-hire" carrier: The motor carrier provides interstate transportation of passengers for a commercial purpose;
Examples of for-hire transportation of passengers include, intercity bus service, charter bus service, canoe rental company bus service, and hotel bus service. Business PMCPsBusiness PMCPs provide private transportation of passengers in the furtherance of a commercial purpose. Examples of business PMCPs include companies that use buses to transport their own employees and professional musicians who use buses for concert tours. Non-business PMCPsNon-business PMCPs provide private transportation of passengers that is not in the furtherance of a commercial purpose. Examples of non-business PMCPs include churches, private schools, scout groups, and other organizations that may purchase or lease buses for the private transportation of their respective groups. Private Motor Carriers of Passengers (PMCP): BusinessWhat is a Business PMCP?Business PMCPs provide private transportation of passengers in the furtherance of a commercial purpose. Examples include companies that use buses to transport their own employees and professional musicians who use buses for concert tours. Commercial businesses that provide passenger transportation to the general public are not business PMCPs. Applicability of FMCSRsThe chart below summarizes the applicability of the Federal Motor Carrier Safety Regulations (FMCSRs) to Business Private Motor Carriers of Passengers (PMCPs). Minimum levels of financial responsibilityWhat is a Non-business PMCP?Non-business PMCPs provide private transportation of passengers that is not in the furtherance of a commercial purpose. Examples of non-business PMCPs include churches, private schools, civic organizations, scout groups, and other charitable organizations that may purchase or lease buses for the transportation of their respective groups. Applicability of FMCSRsThe chart below summarizes the applicability of the Federal Motor Carrier Safety Regulations (FMCSRs) to Non-business Private Motor Carriers of Passengers (PMCPs). Minimum levels of financial responsibility
Applicability of the Minimum Financial Responsibility Regulations to Motor Carriers of PassengersApplicabilityRegulations covering minimum levels of financial responsibility (insurance) are found in 49 CFR Part 387, Subpart B. These regulations are only applicable to "for-hire" carriers transporting passengers in interstate commerce. The chart below summarizes the applicability of the minimum levels of financial responsibility regulations to passenger carriers. A motor vehicle transporting only school children and teachers to and from school
Common Questions About the Applicability of the FMCSRs to Private Motor Carriers of Passengers (PMCPs)1. Are PMCPs required to mark their vehicles as required by 49 CFR Part 390.21?Yes. All PMCPs must register with the FHWA as required by 49 CFR 390.19, and mark their vehicle according to 390.21 with their name and U.S. DOT number. 2. Are non-business PMCP drivers required to be medically examined?No. Section 391.68 (a)(4) specifically states that much of Sections 391.41 and 391.45, which require a driver to be medically examined and to have a medical examiner's certificate on his/her person, do not apply to non-business PMCPs. However, non-business PMCP drivers are subject to the minimum physical qualification standards found in Section 391.41 (b) (1)-(13). Non-business PMCPs should become familiar with the minimum physical qualification standards found in Section 391.41 and the driver waiver conditions of Section 391.49. Non-business PMCP drivers may be placed out-of-service during terminal, en route, or destination inspections if they are required by Section 391.41 to have a waiver and do not possess one. 3. Are non-business PMCP drivers subject to the driver's hours of service regulations?Yes. However, they are not required to prepare or maintain records of duty status. Non-business PMCP driver's hours of service will be evaluated by enforcement officers during terminal, en route, and destination inspections based on evidence available at the inspection location. It is recognized that some individuals who volunteer to drive for non-business PMCPs may also drive for other motor carriers and in that capacity are required to maintain a record of duty status. All on-duty time performed for a non-business PMCP must be recorded on the records of duty-status submitted to that driver's regularly employing motor carrier. 4. Are non-business PMCPs required to have their vehicles inspected?Yes. Section 396.17 requires that commercial motor vehicles be inspected at least once annually. The inspection must be completed by a qualified inspector and must include all components identified in Appendix G of the FMCSRs. Documentation of this inspection must be kept on the vehicle. Applicability of the Federal Motor Carrier Safety Regulations to School Bus TransportationApplicability of FMCSRs (Parts 390-399) to School Bus Transportation
Applicability of Minimum Financial Responsibility Regulations to School Bus TransportationApplicability of the Federal Motor Carrier Safety Regulations to Commercial Operators of Small Passenger-Carrying VehiclesWhat requirements are applicable to operators of small passenger-carrying commercial motor vehicles?Operators of vehicles designed or used to transport 9 to 15 passengers (including the driver) for compensation, but not direct compensation, are subject to the Motor Carrier Identification Report (Form MCS-150) filing requirements of Section 390.19, the commercial motor vehicle marking requirements of Section 390.21, and the accident register recordkeeping requirements of Section 390.15. Operators of such vehicles for direct compensation are subject to the requirements of Parts 390 to 396. 
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