DOT 49 CFR PART 374-2010 PASSENGER CARRIER REGULATIONS.pdf

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1、81 Federal Motor Carrier Safety Administration, DOT Pt. 374 (5) Description of freight. (6) Weight, volume, or measurement of freight (if applicable to the rating of the freight). (7) Exact rate(s) assessed. (8) Total charges due, including the nature and amount of any charges for special service an

2、d the points at which such service was rendered. (9) Route of movement and name of each carrier participating in the trans-portation. (10) Transfer point(s) through which shipment moved. (11) Address where remittance must be made or address of bill issuers prin-cipal place of business. The shipper o

3、r receiver owing the charges shall be given the original freight or expense bill and the carrier shall keep a copy as prescribed at 49 CFR part 379. If the bill is electroni-cally transmitted (when agreed to by the carrier and payor), a receipted copy shall be given to the payor upon pay-ment. (b) C

4、harter service. Every motor pas-senger common carrier providing char-ter service shall issue an expense bill containing the following information: (1) Serial number, consisting of one of a series of consecutive numbers as-signed in advance and imprinted on the bill. (2) Name of carrier. (3) Names of

5、 payor and organization, if any, for which transportation is per-formed. (4) Date(s) transportation was per-formed. (5) Origin, destination, and general routing of trip. (6) Identification and seating capac-ity of each vehicle used. (7) Number of persons transported. (8) Mileage upon which charges a

6、re based, including any deadhead mileage, separately noted. (9) Applicable rates per mile, hour, day, or other unit. (10) Itemized charges for transpor-tation, including special services and fees. (11) Total charges assessed and col-lected. The carrier shall keep a copy of all ex-pense bills issued

7、for the period pre-scribed at 49 CFR part 379. If any ex-pense bill is spoiled, voided, or unused for any reason, a copy or written record of its disposition shall be re-tained for a like period. 55 FR 11198, Mar. 27, 1990, as amended at 59 FR 2303, Jan. 14, 1994; 61 FR 19860, May 3, 1996; 62 FR 154

8、23, Apr. 1, 1997 373.105 Low value packages. The carrier and shipper may elect to waive the above provisions and use a more streamlined recordkeeping or documentation system for distribution of low value packages. This includes the option of shipping such packages under the provisions of 49 U.S.C. 1

9、4706(c). The shipper is responsible ulti-mately for determining which pack-ages should be designated as low value. A useful guideline for this determina-tion is an invoice value less than or equal to the costs of preparing a loss or damage claim. 55 FR 11198, Mar. 27, 1990. Redesignated at 61 FR 547

10、08, Oct. 21, 1996, as amended at 62 FR 15423, Apr. 1, 1997 Subpart BFreight Forwarders; Bills of Lading 373.201 Receipts and bills of lading for freight forwarders. Each freight forwarder must issue the shipper a receipt or through bill of lading, covering transportation from origin to ultimate dest

11、ination, on each shipment for which it arranges trans-portation in interstate commerce. Where a motor carrier receives freight at the origin and issues a receipt there-for on its form with a notation showing the freight forwarders name, then the freight forwarder, upon receiving the shipment at the

12、on line or consoli-dating station, must issue a receipt or through bill of lading on its form as of the date the carrier receives the ship-ment. 74 FR 15393, Apr. 6, 2009 PART 374PASSENGER CARRIER REGULATIONS Subpart ADiscrimination in Operations of Interstate Motor Common Carriers of Passengers Sec

13、. 374.101 Discrimination prohibited. VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00091 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-82 49 CFR Ch. III (10110

14、 Edition) 374.101 374.103 Notice to be printed on tickets. 374.105 Discrimination in terminal facili-ties. 374.107 Notice to be posted at terminal fa-cilities. 374.109 Carriers not relieved of existing obli-gations. 374.111 Reports of interference with regula-tions. 374.113 Definitions. Subpart BLim

15、itation of Smoking on Interstate Passenger Carrier Vehicles 374.201 Prohibition against smoking on interstate passenger-carrying motor ve-hicles. Subpart CAdequacy of Intercity Motor Common Carrier Passenger Service 374.301 Applicability. 374.303 Definitions. 374.305 Ticketing and information. 374.3

16、07 Baggage service. 374.309 Terminal facilities. 374.311 Service responsibility. 374.313 Equipment. 374.315 Transportation of passengers with disabilities. 374.317 Identificationbus and driver. 374.319 Relief from provisions. Subpart DNotice of and Procedures for Baggage Excess Value Declaration 374

17、.401 Minimum permissible limitations for baggage liability. 374.403 Notice of passengers ability to de-clare excess value on baggage. 374.405 Baggage excess value declaration procedures. Subpart EIncidental Charter Rights 374.501 Applicability. 374.503 Authority. 374.505 Exceptions. AUTHORITY: 49 U.

18、S.C. 13301 and 14101; and 49 CFR 1.73. EDITORIAL NOTE: Nomenclature changes to part 374 appear at 66 FR 49871, Oct. 1, 2001. Subpart ADiscrimination in Op-erations of Interstate Motor Common Carriers of Pas-sengers SOURCE: 36 FR 1338, Jan. 28, 1971, unless otherwise noted. Redesignated at 61 FR 5470

19、9, Oct. 21, 1996. 374.101 Discrimination prohibited. No motor common carrier of pas-sengers 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 na-tional origin. 36 FR 1338, J

20、an. 28, 1971. Redesignated at 61 FR 54709, Oct. 21, 1996, as amended at 62 FR 15423, Apr. 1, 1997 374.103 Notice to be printed on tick-ets. Every motor common carrier of pas-sengers subject to 49 U.S.C. subtitle IV, part B shall cause to be printed on every ticket sold by it for transpor-tation on a

21、ny vehicle operated in inter-state 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 ori-gin. NOTE: The following interpretation of the provisions of 374.103 (formerly 1055.

22、2) ap-pears at 27 FR 230, Jan. 9, 1962: The words, Seating aboard vehicles oper-ated in interstate or foreign commerce is without regard to race, color, creed, or na-tional origin, should appear on the face of every ticket coming within the purview of the section. If the ticket is in parts or con-si

23、sts 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. Redesigna

24、ted at 61 FR 54709, Oct. 21, 1996, as amended at 62 FR 15423, Apr. 1, 1997 374.105 Discrimination in terminal facilities. No motor common carrier of pas-sengers subject to 49 U.S.C. subtitle IV, part B shall in the operation of vehi-cles in interstate or foreign commerce provide, maintain arrangemen

25、ts for, utilize, make available, adhere to any understanding for the availability of, or follow any practice which includes the availability of, any terminal facili-ties which are so operated, arranged, or maintained as to involve any separa-tion of any portion thereof, or in the VerDate Mar2010 08:

26、20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00092 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-83 Federal Motor Carrier Safety Administration, DOT 374.201 use thereof on the b

27、asis 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 374.107 Notice to be posted at ter-minal facilities. No motor common carrier of pas-sengers subject to 49 U.S.C. subtitle IV, part B shall in

28、 the operation of vehi-cles in interstate or foreign commerce utilize any terminal facility in which there is not conspicuously displayed and maintained so as to be readily visi-ble to the public a plainly legible sign or placard containing the full text of these regulations. Such sign or placard sh

29、all be captioned: Public Notice: Regulations Applicable to Vehicles and Terminal Facilities of Interstate Motor Common Carriers of Passengers, by order of the Secretary, U.S. Depart-ment of Transportation. 36 FR 1338, Jan. 28, 1971. Redesignated at 61 FR 54709, Oct. 21, 1996, as amended at 62 FR 154

30、23, Apr. 1, 1997 374.109 Carriers not relieved of exist-ing obligations. Nothing in this regulation shall be construed to relieve any interstate motor common 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 certificat

31、e(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 374.111 Reports of interference with regulations. Every motor common carrier of pas-sengers subject to 49 U.S.C. subtitle IV, part B operating vehi

32、cles 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 observ-ance of the requirements of these regu-lations in this part. Such report shall includ

33、e a statement of the action that such carrier may have taken to elimi-nate 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 374.113 Definitions. For the purpose of these regulations the following terms and phrases a

34、re de-fined: (a) Terminal facilities. As used in these regulations the term terminal facili-ties means all facilities, including waiting room, rest room, eating, drink-ing, and ticket sales facilities which a motor common carrier makes available to passengers of a motor vehicle oper-ated in intersta

35、te or foreign commerce as a regular part of their transpor-tation. (b) Separation. As used in 374.105, the term separation includes, among other things, the display of any sign in-dicating that any portion of the ter-minal facilities are separated, allo-cated, restricted, provided, available, used,

36、or otherwise distinguished 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 Subpart BLimitation of Smoking on Interstate Passenger Car-rier Vehicles 374.201 Prohibition against smoki

37、ng on interstate passenger-carrying motor vehicles. (a) All motor common carriers of pas-sengers subject to 49 U.S.C. subtitle IV, part B, shall prohibit smoking (includ-ing the carrying of lit cigars, ciga-rettes, and pipes) on vehicles trans-porting passengers in scheduled or spe-cial service in i

38、nterstate commerce. (b) Each carrier shall take such ac-tion as is necessary to ensure that smoking by passengers, drivers, and other employees is not permitted in violation of this section. This shall in-clude making appropriate announce-ments to passengers, the posting of the international no-smok

39、ing symbol, and the posting of signs in all vehicles transporting passengers in letters in VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00093 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted

40、 without license from IHS-,-,-84 49 CFR Ch. III (10110 Edition) 374.301 sharp color contrast to the back-ground, 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 re-main legible and shall indicate that smoking is

41、prohibited by Federal regu-lation. (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 Subpart CAdequacy of Interci

42、ty Motor Common Carrier Pas-senger 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 pas-senger common carriers conducting regular-route operations. 374.303 Definitions. (a) Carrier mea

43、ns a motor passenger common carrier. (b) Bus means a passenger-carrying vehicle, regardless of design or seating capacity, used in a carriers authorized operations. (c) Facility means any structure pro-vided by or for a carrier at or near which buses pick up or discharge pas-sengers. (d) Terminal me

44、ans a facility operated or used by a carrier chiefly to furnish passengers transportation services and accommodations. (e) Station means a facility, other than a terminal, operated by or for a carrier to accommodate passengers. (f) Service means passenger transpor-tation by bus over regular routes.

45、(g) Commuter service, means passenger transportation wholly between points not more than 100 airline miles apart and not involving through-bus, con-necting, or interline services to or from points beyond 100 airline miles. The usual characteristics of commuter service include reduced fare, multiple-

46、 ride, and commutation tickets, and peak morning and evening operations. (h) Baggage means property a pas-senger takes with him for his personal use or convenience. (i) Restroom means a room in a bus or terminal equipped with a toilet, wash-bowl, soap or a reasonable alternative, mirror, wastebasket

47、, and toilet paper. 55 FR 11199, Mar. 27, 1990, as amended at 68 FR 56198, Sept. 30, 2003; 74 FR 2901, Jan. 16, 2009 374.305 Ticketing and information. (a) Information service. (1) During business hours at each terminal or sta-tion, information shall be provided as to schedules, tickets, fares, bagg

48、age, and other carrier services. (2) Carrier agents and personnel who sell or offer to sell tickets, or who pro-vide information concerning tickets and carrier services, shall be com-petent and adequately informed. (b) Telephone information service. Every facility where tickets are sold shall provid

49、e telephonic information to the traveling public, including current bus schedules and fare information, when open for ticket sales. (c) Schedules. Printed, regular-route schedules shall be provided to the trav-eling public at all facilities where tick-ets for such services are sold. Each schedule shall show the points along the carriers route(s) where facilities are located or where the bus trip