Sign in to follow this  
Followers 0
HM96109

DOT Operating Authority

3 posts in this topic

I am in a semantics argument with two different agencies. The DOT - FMSCA website (390.201) indicates that I need DOT operating authority to engage in for-profit interstate commuter van service (3 vans, 12 passengers each including myself - fellow employees will take turns driving), but a local agency says I don't have to do it because Title 49 13506 states that "a motor vehicle carrying no more than 15 individuals in a single, daily roundtrip to commute to and from work" is exempt. Am I just reading 13506 too literally? I see the word "a", and I believe we are talking about one van, not a fleet of 3.

Share this post


Link to post
Share on other sites
On 9/25/2017 at 5:03 PM, HM96109 said:

I am in a semantics argument with two different agencies. The DOT - FMSCA website (390.201) indicates that I need DOT operating authority to engage in for-profit interstate commuter van service (3 vans, 12 passengers each including myself - fellow employees will take turns driving), but a local agency says I don't have to do it

 

First you tell us that some web site (presumably somewhere within this site) says something, which obviously is not specific to your company.  Then you tell us that some unidentified local agency in your unidentified state says something different that apparently is specific to your company.  So....with whom are you having an argument?  It sounds like you're interpreting something you read on the web site to mean something as it applies to your company, but someone at the unidentified local agency has told you that your interpretation is correct.  Is that right?  Also, what does the reference to "390.201" mean?

 

 

On 9/25/2017 at 5:03 PM, HM96109 said:

Am I just reading 13506 too literally?

 

I assume you're talking about 49 U.S.C. section 13506(a)(10), which states that "[n]either the Secretary [of Transportation] nor the [Surface Transportation] Board has jurisdiction under this part over . . . a motor vehicle carrying not more than 15 individuals in a single, daily roundtrip to commute to and from work."  The phrase "under this part" refers to Part B of Subtitle IV of Title 49 of the U.S. Code.  Part B is fairly expansive and ranges from sections 13101 to 14916.  I'm not familiar (and am not going to become familiar) with the entire scope of Part B, so I can't tell you how it might apply to your business.

 

 

On 9/25/2017 at 5:03 PM, HM96109 said:

I see the word "a", and I believe we are talking about one van, not a fleet of 3.

 

In the language I quoted above, "a motor vehicle" refers to any motor vehicle, and the sub-section in question is not purporting to deal with multi-vehicle operations.  Stated differently, section 13506 deals with the jurisdiction of the Secretary and the Board over individual vehicles.  It may be that a company has a fleet of multiple vehicles, and some of them may be subject to jurisdiction under Part B and some of them may not be.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now
Sign in to follow this  
Followers 0