49 CFR Part 374 — Passenger Carrier Regulations

PART 374—PASSENGER CARRIER REGULATIONS Authority: 49 U.S.C. 13301 and 14101; and 49 CFR 1.87. § 374.1 Applicability. This part applies to motor carriers subject to 49 U.S.C. subtitle IV, part B (secs. 13101-14916). [81 FR 68345, Oct. 4, 2016] Subpart A—Discrimination in Operations of Interstate Motor Carriers of Passengers Source: 36 FR 1338, Jan. 28, 1971, unless otherwise noted. Redesignated at 61 FR 54709, Oct. 21, 1996. § 374.101 Discrimination prohibited. No motor carrier of passengers subject to 49 U.S.C. subtitle IV, part B shall operate a motor vehicle in interstate or foreign commerce on which the seating of passengers is based upon race, color, creed, or national origin. [36 FR 1338, Jan. 28, 1971. Redesignated at 61 FR 54709, Oct. 21, 1996, as amended at 62 FR 15423, Apr. 1, 1997; 81 FR 68345, Oct. 4, 2016] § 374.103 Notice to be printed on tickets. Every motor carrier of passengers subject to 49 U.S.C. subtitle IV, part B shall cause to be printed on every ticket sold by it for transportation on any vehicle operated in interstate or foreign commerce a plainly legible notice as follows: “Seating aboard vehicles operated in interstate or foreign commerce is without regard to race, color, creed, or national origin.” Note: The following interpretation of the provisions of § 374.103 (formerly § 1055.2) appears at 27 FR 230, Jan. 9, 1962: The words, “Seating aboard vehicles operated in interstate or foreign commerce is without regard to race, color, creed, or national origin”, should appear on the face of every ticket coming within the purview of the section. If the ticket is in parts or consists of additional elements, such as coupons, identification stubs, or checks, it shall be sufficient for the purposes of § 374.103 that the notice appear only once on the ticket and be placed on the face of that portion of the ticket which is held by the passenger. [36 FR 1338, Jan. 28, 1971. Redesignated at 61 FR 54709, Oct. 21, 1996, as amended at 62 FR 15423, Apr. 1, 1997; 81 FR 68345, Oct. 4, 2016] § 374.105 Discrimination in terminal facilities. No motor carrier of passengers subject to 49 U.S.C. subtitle IV, part B shall in the operation of vehicles in interstate or foreign commerce provide, maintain arrangements for, utilize, make available, adhere to any understanding for the availability of, or follow any practice which includes the availability of, any terminal facilities which are so operated, arranged, or maintained as to involve any separation of any portion thereof, or in the use thereof on the basis of race, color, creed, or national origin. [36 FR 1338, Jan. 28, 1971. Redesignated at 61 FR 54709, Oct. 21, 1996, as amended at 62 FR 15423, Apr. 1, 1997; 81 FR 68345, Oct. 4, 2016] § 374.107 Notice to be posted at terminal facilities. No motor carrier of passengers subject to 49 U.S.C. subtitle IV, part B shall in the operation of vehicles in interstate or foreign commerce utilize any terminal facility in which there is not conspicuously displayed and maintained so as to be readily visible to the public a plainly legible sign or placard containing the full text of these regulations. Such sign or placard shall be captioned: “Public Notice: Regulations Applicable to Vehicles and Terminal Facilities of Interstate Motor Carriers of Passengers, by order of the Secretary, U.S. Department of Transportation.” [36 FR 1338, Jan. 28, 1971. Redesignated at 61 FR 54709, Oct. 21, 1996, as amended at 62 FR 15423, Apr. 1, 1997; 81 FR 68345, Oct. 4, 2016] § 374.109 Carriers not relieved of existing obligations. Nothing in this regulation shall be construed to relieve any interstate motor carrier of passengers subject to 49 U.S.C. subtitle IV, part B of any of its obligations under 49 U.S.C. subtitle IV, part B or its certificate(s) of public convenience and necessity. [36 FR 1338, Jan. 28, 1971. Redesignated at 61 FR 54709, Oct. 21, 1996, as amended at 62 FR 15423, Apr. 1, 1997; 81 FR 68345, Oct. 4, 2016] § 374.111 Reports of interference with regulations. Every motor carrier of passengers subject to 49 U.S.C. subtitle IV, part B operating vehicles in interstate or foreign commerce shall report to the Secretary, within fifteen (15) days of its occurrence, any interference by any person, municipality, county, parish, State, or body politic with its observance of the requirements of these regulations in this part. Such report shall include a statement of the action that such carrier may have taken to eliminate any such interference. [36 FR 1338, Jan. 28, 1971. Redesignated at 61 FR 54709, Oct. 21, 1996, as amended at 62 FR 15423, Apr. 1, 1997; 81 FR 68345, Oct. 4, 2016] § 374.113 Definitions. For the purpose of these regulations the following terms and phrases are defined: (a) Terminal facilities. (b) Separation. [36 FR 1338, Jan. 28, 1971. Redesignated at 61 FR 54709, Oct. 21, 1996, as amended at 62 FR 15423, Apr. 1, 1997; 81 FR 68345, Oct. 4, 2016] Subpart B—Limitation of Smoking on Interstate Passenger Carrier Vehicles § 374.201 Prohibition against smoking on interstate passenger-carrying motor vehicles. (a) All motor carriers of passengers subject to 49 U.S.C. subtitle IV, part B, shall prohibit smoking (including the carrying of lit cigars, cigarettes, and pipes) on vehicles transporting passengers in scheduled or special service in interstate commerce. (b) Each carrier shall take such action as is necessary to ensure that smoking by passengers, drivers, and other employees is not permitted in violation of this section. This shall include making appropriate announcements to passengers, the posting of the international no-smoking symbol, and the posting of signs in all vehicles transporting passengers in letters in sharp color contrast to the background, and of such size, shape, and color as to be readily legible. Such signs and symbols shall be kept and maintained in such a manner as to remain legible and shall indicate that smoking is prohibited by Federal regulation. (c) The provisions of paragraph (a) of this section shall not apply to charter operations as defined in § 374.503 of this part. [56 FR 1745, Jan. 17, 1991. Redesignated at 61 FR 54709, Oct. 21, 1996, as amended at 62 FR 15423, Apr. 1, 1997; 81 FR 68345, Oct. 4, 2016] Subpart C—Adequacy of Intercity Motor Carrier Passenger Service Source: 55 FR 11199, Mar. 27, 1990, unless otherwise noted. Redesignated at 61 FR 54709, Oct. 21, 1996. § 374.301 Applicability. These rules govern only motor passenger carriers conducting regular-route operations. [55 FR 11199, Mar. 27, 1990. Redesignated at 61 FR 54709, Oct. 21, 1996, as amended at 81 FR 68345, Oct. 4, 2016] § 374.303 Definitions. (a) Carrier (b) Bus (c) Facility (d) Terminal (e) Station (f) Service (g) Commuter service, (h) Baggage (i) Restroom [55 FR 11199, Mar. 27, 1990, as amended at 66 FR 49871, Oct. 1, 2001; 68 FR 56198, Sept. 30, 2003; 74 FR 2901, Jan. 16, 2009; 81 FR 68345, Oct. 4, 2016] § 374.305 Ticketing and information. (a) Information service. (2) Carrier agents and personnel who sell or offer to sell tickets, or who provide information concerning tickets and carrier services, shall be competent and adequately informed. (b) Telephone information service. (c) Schedules. (d) Ticket refunds. (e) Announcements. § 374.307 Baggage service. (a) Checking procedures. (2)(i) If baggage checking service is not provided at the side of the bus, all baggage checked at a baggage checking counter at least 30 minutes but not more than 1 hour before departure shall be transported on the same schedule as the ticketed passenger. (ii) If baggage checking service is provided at the side of the bus, passengers checking baggage at the baggage checking counter less than 30 minutes before the scheduled departure shall be notified that their baggage may not travel on the same schedule. Such baggage must then be placed on the next available bus to its destination. All baggage checked at the side of the bus during boarding, or at alternative locations provided for such purpose, shall be transported on the same schedule as the ticketed passenger. (b) Baggage security. (c) Baggage liability. (2) Carriers may refuse to accept as checked baggage and, if unknowingly accepted, may disclaim liability for loss or damage to the following articles: (i) Articles whose transportation as checked baggage is prohibited by law or regulation; (ii) Fragile or perishable articles, articles whose dimensions exceed the size limitations in the carrier's tariff, receptacles with articles attached or protruding, guns, and materials that have a disagreeable odor; (iii) Money; and (iv) Those other articles that the Secretary exempts upon petition by the carrier. (3) Carriers need not offer excess value coverage on articles of extraordinary value (including, but not limited to, negotiable instruments, papers, manuscripts, irreplaceable publications, documents, jewelry, and watches). (d) Express shipments. (e) Baggage at destination. (f) Lost or delayed baggage. (2) Every carrier shall make available at each ticket window and baggage counter a single form suitable both for tracing and for filing claims for lost or misplaced baggage. The form shall be prepared in duplicate and signed by the passenger and carrier representative. The carrier or its agent shall receive the signed original, with any necessary documentation and additional information, and the claim check, for which a receipt shall be given. The passenger shall retain the duplicate copy. (3) The carrier shall make immediate and diligent efforts to recover lost baggage. (4) A passenger may fill out a tracing form for lost unchecked baggage. The carrier shall forward recovered unchecked baggage to the terminal or station nearest the address shown on the tracing form and shall notify the passenger that the baggage will be held on a will-call basis. (g) Settlement of claims. [55 FR 11199, Mar. 27, 1990. Redesignated at 61 FR 54709, Oct. 21, 1996, as amended at 62 FR 15423, Apr. 1, 1997] § 374.309 Terminal facilities. (a) Passenger security. (b) Outside facilities. (c) Maintenance. § 374.311 Service responsibility. (a) Schedules. (b) Continuity of service. (c) Trip interruptions. (d) Seating and reservations. (e) Inspection of rest stops. [55 FR 11199, Mar. 27, 1990. Redesignated at 61 FR 54709, Oct. 21, 1996, as amended at 62 FR 15423, Apr. 1, 1997; 66 FR 49871, Oct. 1, 2001; 74 FR 2901, Jan. 16, 2009] § 374.313 Equipment. (a) Temperature control. (b) Restrooms. (c) Bus servicing. § 374.315 Transportation of passengers with disabilities. Service provided by a carrier to passengers with disabilities is governed by the provisions of 42 U.S.C. 12101 et seq., [57 FR 35764, Aug. 11, 1992, as amended at 66 FR 49871, Oct. 1, 2001] § 374.317 Identification—bus and driver. Each bus and driver providing service shall be identified in a manner visible to passengers. The driver may be identified by name or company number. § 374.319 Relief from provisions. (a) Petitions. (b) Notice to the public. [55 FR 11199, Mar. 27, 1990. Redesignated at 61 FR 54709, Oct. 21, 1996, as amended at 62 FR 15423, Apr. 1, 1997] Subpart D—Notice of and Procedures for Baggage Excess Value Declaration Source: 40 FR 1249, Jan. 7, 1975, unless otherwise noted. Redesignated at 61 FR 54709, Oct. 21, 1996. § 374.401 Minimum permissible limitations for baggage liability. Motor carriers of passengers and baggage subject to 49 U.S.C. 13501 may not publish tariff provisions limiting their liability for loss or damage to baggage checked by a passenger transported in regular route or special operations unless: (a) The amount for which liability is limited is $250 or greater per adult fare; and (b) The provisions permit the passenger, for an additional charge, to declare a value in excess of the limited amount, and allow the passenger to recover the increased amount (but not higher than the actual value) in event of loss or damage. The carriers may publish a maximum value for which they will be liable, but that maximum value may not be less than $1,000. Appropriate identification must be attached securely by the passenger to each item of baggage checked, indicating in a clear and legible manner the name and address to which the baggage should be forwarded if lost and subsequently recovered. Identification tags shall be made immediately available by the carriers to passengers upon request. (c) Carriers need not offer excess value coverage on articles listed in § 374.307(c)(3). [81 FR 68345, Oct. 4, 2016] § 374.403 Notice of passenger's ability to declare excess value on baggage. (a) All motor carriers of passengers and baggage subject to 49 U.S.C. subtitle IV, part B, which provide in their tariffs for the declaration of baggage in excess of a free baggage allowance limitation, shall provide clear and adequate notice to the public of the opportunity to declare such excess value on baggage. (b) The notice referred to in paragraph (a) of this section shall be in large and clear print, and shall state as follows: Notice—Baggage Liability This motor carrier is not liable for loss or damage to properly identified baggage in an amount exceeding $____. If a passenger desires additional coverage for the value of his baggage he may, upon checking his baggage, declare that his baggage has a value in excess of the above limitation and pay a charge as follows: Identify Your Baggage Under FMCSA regulations, all baggage must be properly identified. Luggage tags should indicate clearly the name and address to which lost baggage should be forwarded. Free luggage tags are available at all ticket windows and baggage counters. The statement of charges for excess value declaration shall be clear, and any other pertinent provisions may be added at the bottom in clear and readable print. (c) The notice referred to in paragraphs (a) and (b) of this section shall be (1) placed in a position near the ticket seller, sufficiently conspicuous to apprise the public of its provisions, (2) placed on a form to be attached to each ticket issued (and the ticket seller shall, where possible, provide oral notice to each ticket purchaser to read the form attached to the ticket), (3) placed in a position at or near any location where baggage may be checked, sufficiently conspicuous to apprise each passenger checking baggage of its provisions, and (4) placed in a position at each boarding point or waiting area used by the carrier at facilities maintained by the carrier or its agents, sufficiently conspicuous to apprise each boarding passenger of the provisions of the said notice. [40 FR 1249, Jan. 7, 1975, as amended at 62 FR 15423, Apr. 1, 1997; 81 FR 68345, Oct. 4, 2016] § 374.405 Baggage excess value declaration procedures. All motor carriers of passengers and baggage subject to 49 U.S.C. subtitle IV, part B, which provide in their tariffs for the declaration of baggage value in excess of a free baggage allowance limitation, shall provide for the declaration of excess value on baggage at any time or place where provision is made for baggage checking, including (a) at a baggage checking counter until 15 minutes before scheduled boarding time, and (b) at the side of the bus or at a baggage checking counter in reasonable proximity to the boarding area during boarding at a terminal or any authorized service point. [40 FR 1249, Jan. 7, 1975, as amended at 62 FR 15423, Apr. 1, 1997; 81 FR 68346, Oct. 4, 2016] Subpart E—Incidental Charter Rights Authority: 49 U.S.C. 13301, 13501, 13506; and 49 CFR 1.87. Source: 54 FR 46619, Nov. 6, 1989, unless otherwise noted. Redesignated at 61 FR 54709, Oct. 21, 1996. § 374.501 Applicability. The regulations in this part apply to incidental charter rights authorized under 49 U.S.C. 13506. These regulations do not apply to interpreting authority contained in a certificate to transport passengers in special and/or charter operations. [54 FR 46619, Nov. 6, 1989. Redesignated at 61 FR 54709, Oct. 21, 1996, as amended at 62 FR 15423, Apr. 1, 1997; 81 FR 68346, Oct. 4, 2016] § 374.503 Authority. Motor carriers transporting passengers, in interstate or foreign commerce, over regular routes authorized in a certificate issued as a result of an application filed before January 2, 1967, may transport special or chartered parties, in interstate or foreign commerce, between any points and places in the United States (including Alaska and Hawaii). The term “special or chartered party” means a group of passengers who, with a common purpose and under a single contract, and at a fixed charge for the vehicle in accordance with the carrier's tariff, have acquired the exclusive use of a passenger-carrying motor vehicle to travel together as a group to a specified destination or for a particular itinerary. § 374.505 Exceptions. (a) Incidental charter rights do not authorize the transportation of passengers to whom the carrier has sold individual tickets or with whom the carrier has made separate and individual transportation arrangements. (b) Service provided under incidental charter rights may not be operated between the same points or over the same route so frequently as to constitute a regular-route service. (c) Passenger transportation within the Washington Metropolitan Area Transit District (as defined in the Washington Metropolitan Area Transportation Regulation Compact, Pub. L. No. 86-794, 74 Stat. 1031 (1960), as amended by Pub. L. No. 87-767, 76 Stat. (1962) is not authorized by these regulations, but is subject to the jurisdiction and regulations of the Washington Metropolitan Area Transportation Commission. (d) A private or public recipient of governmental assistance (within the meaning of 49 U.S.C. 13902(b)(8)) may provide service under incidental charter rights only for special or chartered parties originating in the area in which the private or public recipient provides regularly scheduled mass transportation services under the specific qualifying certificate that confers its incidental charter rights. [54 FR 46619, Nov. 6, 1989. Redesignated at 61 FR 54709, Oct. 21, 1996, as amended at 62 FR 15423, Apr. 1, 1997]

Related documents

• 49 CFR Part 390 — Federal Motor Carrier Safety Regulations; General#511840
• 49 CFR Part 369 — Reports of Motor Carriers#511820
• 49 CFR Part 389 — Rulemaking Procedures—Federal Motor Carrier Safety Regulations#511839
• 48 CFR Part 3447 — Transportation#511676
• 48 CFR Part 647 — Transportation#511093