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How are property-carrying and passenger-carrying drivers determined as the terms are used in the HOS rule?

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How are property-carrying and passenger-carrying drivers determined as the terms are used in the HOS rule?

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It is easiest to determine passenger-carrying, with any other CMV drivers to be considered property-carrying. The definition of a CMV in 390.5 should be used to determine passenger-carrying. If a driver is operating a CMV “designed or used to transport more than 8 passengers (including the driver) for compensation; or designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation,” the driver would be considered to be passenger-carrying regardless of whether there were actually any passengers on the vehicle. This would include, for example, new buses being delivered (driven) from manufacturer to dealer.

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It is easiest to determine passenger-carrying, with any other CMV drivers to be considered property-carrying. The definition of a CMV in ยง 390.5 should be used to determine passenger-carrying. If a driver is operating a CMV “designed or used to transport more than 8 passengers (including the driver) for compensation; or designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation,” the driver would be considered to be passenger-carrying regardless of whether there were actually any passengers on the vehicle. This would include, for example, new buses being delivered (driven) from manufacturer to dealer.

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