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4.2.2 Passenger Carriers (387, Subpart B)

Applicability and Exceptions (387.27)

In general, for-hire motor carriers transporting passengers in interstate or foreign commerce must obtain and have in effect the minimum levels of financial responsibility outlined in 49 CFR 387.33.

Exceptions are listed in 49 CFR 387.27 and apply to motor vehicles that meet these conditions:

  • Transport only school children and teachers to or from school;
  • Under contract providing transportation of preprimary, primary, and secondary students for extracurricular trips organized, sponsored, and paid for by a school district;
  • Carry less than 16 individuals in a single daily round-trip commute to and from work; and
  • Taxicab services having a seating capacity of less than 7 passengers that do not operate on a regular route or between specified points

Minimum Levels of Financial Responsibility

The minimum levels of financial responsibility for passenger carriers referenced in 49 CFR 387.31 are summarized in 49 CFR 387.33T as follows.

Schedule of Limits—Public Liability
For-Hire Motor Carriers of Passengers Operating in Interstate or Foreign Commerce/p>

Vehicle Seating Capacity

Minimum Limits

1. Any vehicle with a seating capacity of 16 passengers or more.


2. Any vehicle with a seating capacity of 15 passengers or less.


Financial Proof (387.31)

Proof of compliance with the minimum levels of financial responsibility in 49 CFR 387.33 must be maintained at the motor carrier’s principal place of business. Acceptable proof consists of either Form MCS-90B or MCS-82B. These documents are considered public information.

Note: All passenger carrying vehicles operated within the United States by motor carriers domiciled in a contiguous foreign country must carry on board a legible copy, in English, of their proof of minimum levels of financial responsibility.

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