Commercial businesses that provide passenger transportation to the
general public, as “for-hire” carriers are required to apportion. Charter
operations are exempt from this requirement.
Overweight / over dimensional permits are issued by the Florida
Department of Transportation. You may apply for a permit via fax,
in person, through a third party provider or over the
internet. The
completed permit application should be submitted to the Permits Office no
later than three days before the proposed date of movement.
NOTE: Florida is NOT a port of entry state and you must have a valid
permit BEFORE entering the state. If you are not sure if you
are required to obtain one you should contact the FDOT Permits Office
prior to entering the state to avoid any possible fines.
Call the Florida Motor Carrier Compliance Office at
850-488-7920 for
complete information.
Florida is NOT a port of entry state. All
applicable permits and credentials must be obtained prior to entering the
State and must be carried in the vehicle. If you do
not have the necessary permits and credentials upon entering Florida and
attempt to purchase them at the first weigh station, by law you will be
cited for not having the necessary credentials to operate within the State
of Florida and then be given the opportunity to purchase them. Make
sure you have the necessary permits and credentials BEFORE you enter
Florida! Call the 'Florida Trucking Info Line' at 850-414-4700
and select Option 2 for information on Oversize, Overweight or
Over-dimensional permits.
Heavy Vehicle Use Tax (HVUT) – Proof of payment of HVUT is required for commercial registration of
trucks weighing 55,000 pounds or more. This is an annual tax paid to
the Internal Revenue Service. See
Heavy Highway Vehicle Use Tax Return - Form 2290, and
Instructions for Completing Form 2290.
Florida statute 316.003 (3) defines a bus as any motor vehicle designed
for carrying more than ten passengers and used for the transportation of
persons in commerce.
As defined in Black’s Law Dictionary, Fifth Edition, commerce is “The
exchange of goods, productions, or property of any kind; the buying,
selling, and exchanging of articles. The transportation of persons and
property by land, water and air.”
Florida statute 316.70 adopts the following federal regulations in
their entirety for passenger carrying operations. All of CFR parts 382,
385, and 390-397 are applicable. Additionally carriers are required to
carry insurance as required by law for their vehicles and their
passenger’s checked luggage.
Private motor carriers of passengers [PMCPs] are
categorized as either business or non-business.
Business PMCPs provide private, intrastate/interstate
transportation of passengers in the furtherance of a commercial purpose.
For example, buses and coaches used to provide transportation for their
own employees, and professional musicians who use buses and coaches for
concert tours. Commercial businesses that provide passenger transportation
to the general public, as “for-hire” carriers are not business PMCPs and
are required to comply with the Federal Motor Carrier Safety Regulations
in their entirety.
Non-business PMCPs provide private,
intrastate/interstate transportation of passengers not in the furtherance
of a commercial purpose. Examples are buses and coaches used by churches,
scout groups, and other charitable organizations. Non-business PMCPs that
provide charter passenger transportation to the general public, with the
intent to make a profit are not non-business PMCPs and are considered as
“for-hire” carriers. Thus compliance with the Federal Motor Carrier Safety
Regulations in their entirety is required.
|
Statute |
Topic |
Business |
Non-business |
|
F.S. Chp. 322
CFR Part 383 |
Commercial Driver Licensing |
Yes |
Yes |
|
F.S. Chp. 627
CFR Part 387 |
Financial Responsibility |
Yes |
Yes |
|
F.S. Chp 316
CFR Part 390 |
General Requirements |
Yes |
Yes* |
|
F.S. Chp 316
CFR Part 391 |
Qualification of Drivers |
Yes* |
Yes* |
|
F.S. Chp 316
CFR Part 392 |
Driving of Motor Vehicles |
Yes |
Yes |
|
F.S. Chp 316
CFR Part 393 |
Parts and Accessories |
Yes** |
Yes** |
|
F.S. Chp 316
CFR Part 395 |
Hours of Service |
Yes |
Yes* |
|
F.S. Chp 316
CFR Part 396 |
Inspection, Repair, and
Maintenance |
Yes |
Yes* |
* Non-business PMCPs are exempt from all
recordkeeping requirements of Parts 390, 395, and 396. Both groups are
exempt from certain sections of Part 391 (see 391.68 and 391.69).
** PMCPs are exempt from the fuel system requirements
of Part 393.67, provided the vehicle fuel system is maintained to the
original manufacturer’s standard.
The transportation of preprimary, primary and
secondary school children from home to school and from school to home, or
any transportation performed by a governmental agency, such as a public
school district, is not subject to the FMCSRs.
However, transportation of students by a private
school that owns or leases a bus for an extracurricular activity, such as
an out-of-state field trip, is subject to the FMCSRs and is classified as
non-business private transportation of passengers.
