§ 390.401 Applicability.
Current wording, effective October 15, 2019.
These(a) rulesGeneral. governBeginning allon for-hireJanuary 1, 2021, and except as provided in paragraphs (b)(1) and (2) of this section, this subpart applies to the following actions, irrespective of duration, or the presence or absence of compensation, by motor carriers exceptoperating thosecommercial providingmotor vehicles to transport passengers:
(a1) Joint,The through,lease regular-routeof passenger-carrying servicecommercial undermotor continuingvehicles; leaseand
(2) orThe interchange arrangements,of ifpassenger-carrying thecommercial vehiclemotor owner'svehicles namebetween motor carriers.
(b) Exceptions—(1) Contracts and “MC”agreements numberbetween aremotor displayedcarriers asof prescribedpassengers atwith §active 390passenger carrier operating authority registrations.403, This subpart does not apply to contracts and ifagreements thebetween motor carriers of passengers that have filedactive passenger carrier operating authority registrations with the Commission'sFederal appropriateMotor RegionalCarrier DirectorSafety Administration when one such motor carrier acquires transportation service(s) andfrom postedanother insuch eachmotor terminalcarrier(s).
(2) andFinancial ticketleases. agencyThis onsubpart thedoes involvednot routesapply to a publishedcontract schedule(however showingdesignated, thee.g., pointslease, betweenclosed-end whichlease, eachhire jointpurchase, carrierlease assumespurchase, controlpurchase andagreement, responsibilityinstallment forplan, thedemonstration or loaner vehicle's, operation;etc.) between a motor carrier and a bank or similar financial organization or a manufacturer or dealer of passenger-carrying commercial motor vehicles allowing the motor carrier to use the passenger-carrying commercial motor vehicle.
(bc) Nonscheduled,Penalties. charter,If luxury-typethe passengeruse serviceof usinga limousinepassenger-typecarrying vehiclescommercial withmotor vehicle is conferred on one motor carrier subject to this subpart by another such motor carrier without a capacitylease ofor sixinterchange agreement, or fewerpursuant passengers.to
[55FRa 11199,lease Mar.or 27,interchange 1990.agreement Redesignatedthat atfails 61to FRmeet 54710,all Oct.applicable 21requirements of subpart G, 1996;both 62motor FRcarriers 49942,shall Sept.be 24,subject 1997]to a civil penalty.
(a) General. Beginning on January 1, 2021, and except as provided in paragraphs (b)(1) and (2) of this section, this subpart applies to the following actions, irrespective of duration, or the presence or absence of compensation, by motor carriers operating commercial motor vehicles to transport passengers:
(1) The lease of passenger-carrying commercial motor vehicles; and
(2) The interchange of passenger-carrying commercial motor vehicles between motor carriers.
(b) Exceptions—(1) Contracts and agreements between motor carriers of passengers with active passenger carrier operating authority registrations. This subpart does not apply to contracts and agreements between motor carriers of passengers that have active passenger carrier operating authority registrations with the Federal Motor Carrier Safety Administration when one such motor carrier acquires transportation service(s) from another such motor carrier(s).
(2) Financial leases. This subpart does not apply to a contract (however designated, e.g., lease, closed-end lease, hire purchase, lease purchase, purchase agreement, installment plan, demonstration or loaner vehicle, etc.) between a motor carrier and a bank or similar financial organization or a manufacturer or dealer of passenger-carrying commercial motor vehicles allowing the motor carrier to use the passenger-carrying commercial motor vehicle.
(c) Penalties. If the use of a passenger-carrying commercial motor vehicle is conferred on one motor carrier subject to this subpart by another such motor carrier without a lease or interchange agreement, or pursuant to a lease or interchange agreement that fails to meet all applicable requirements of subpart G, both motor carriers shall be subject to a civil penalty.
Amendment history
2 distinct wordings on file since Oct. 1, 1998- Oct. 1, 1998 → Oct. 1, 2000annual editions 1998–1999[55 FR 11199, Mar. 27, 1990. Redesignated at 61 FR 54710, Oct. 21, 1996; 62 FR 49942, Sept. 24, 1997]
A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section. Set a case date in the header to read any earlier wording.