[26 Pa.B. 1358]
[Continued from previous Web Page]
APPENDIX I. (Reserved)
CHAPTER 29. MOTOR CARRIERS OF PASSENGERS
Subchapter B. COMMON CARRIERS
ACCOUNTS, RECORD AND REPORTS § 29.42. [Annual reports] (Reserved).
[(a) A common carrier having average gross annual revenues, intrastate and interstate combined, during the preceding year of $1 million and over, shall file, in properly completed form, signed and notarized, a Class I Annual Report Form as prescribed and furnished by the Commission, on or before March 31, covering the preceding calendar year.
(b) A common carrier having gross annual revenues, intrastate and interstate combined, during the preceding year, or an average over the preceding 3 years, of less than $1 million, shall file, in properly completed form, signed and notarized, a Class II Annual Report Form as prescribed and furnished by the Commission, on or before March 31, covering the preceding calendar year.]
CHAPTER 31. MOTOR CARRIER PROPERTY TRANSPORTATION
GENERAL PROVISIONS § 31.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Common carrier by motor vehicle--A person or corporation holding out or undertaking, directly or indirectly, to transport [property, or a class of property,] household goods in use between points within this Commonwealth by motor vehicle for compensation, whether or not as the owner or operator of the motor vehicle. The term includes, [but is not limited to, person] persons or [corporation] corporations providing or furnishing a motor vehicle with or without a driver for the transportation or for use in the transportation of [property] household goods in use; a common carrier by rail, water or air; and express or forwarding public [utility] utilities insofar as the common carrier or the public utility is engaged in motor vehicle operation, except as expressly exempted by the act. For purposes of this chapter, the term does not include motor common carriers of property.
Contract carrier by motor vehicle--A person or corporation who or which provides or furnishes transportation of [property or a class of property] household goods in use between points within this Commonwealth by motor vehicle for compensation, whether or not as the owner or operator of the motor vehicle. The term includes a person or corporation providing or furnishing a motor vehicle with or without a driver for the transportation or for use in the transportation other than as a common carrier by motor vehicle or a motor common carrier of property, except as expressly exempted by the act.
* * * * * Household goods carrier--A motor common or contract carrier who or which holds a certificate or permit to transport:
(i) Personal effects and property used or to be used in a dwelling when a part of the equipment or supply of the dwelling and other similar property; except that this does not include property moving from a factory or store, except property the householder has purchased with the intent to use in his dwelling and which is transported at the request of and the transportation charges paid to the carrier by, the householder.
(ii) Furniture, fixtures, equipment and the property of stores, offices, museums, institutions, hospitals or other establishments when a part of the stock, equipment or supply of the store, offices, museums, institutions, hospitals, or other establishments; except that this does not include the stock-in-trade of any establishment, whether consignor or consignee, except when transported as incidental to moving of the establishment from one location to another.
(iii) Articles, including objects of art, displays, exhibits and business machines, which because of their unusual nature or value require specialized handling and equipment usually employed in moving household goods; except that this does not include any article whether crated or uncrated, which does not, because of the unusual nature or value require specialized handling usually employed in moving household goods.
Motor common carrier of property--A motor common carrier who or which transports property, other than household goods in use. Motor common carriers of property shall be permitted to transport those items described in subparagraph (iii) in the definition of ''household goods carrier'' in this section.
* * * * * Property--Tangible property, other than household goods in use.
[Property carrier--A person or corporation engaged in transporting property by means of motor vehicle or motor vehicles for compensation, in intrastate commerce, and includes common carriers, contract carriers and forwarders.]
§ 31.2. Applicability.
This chapter applies to common carriers by motor vehicle, contract carriers by motor vehicle, motor common carriers of property and forwarders operating at the time of the adoption of this chapter; and also to those to whom a certificate or permit may be issued[; and this chapter is subject to amendment, change or modification that the Commission may deem advisable, and to exceptions in individual cases as the Commission deems proper].
§ 31.4. Transfer of certificates and permits.
(a) No certificate or permit or the rights thereunder may not be sold or transferred by act, deed or operation of law, unless the approval of the Commission is first obtained. The approval may be granted with or without hearing and after reasonable notice in the Pennsylvania Bulletin as the Commission directs. Certificates issued to motor common carriers of property are nontransferrable.
* * * * * § 31.9. [Annual reports] (Reserved).
[(a) A common carrier and forwarder of property having gross annual revenues, intrastate and interstate combined, during the preceding year, or an average over the preceding 3 years, of $1 million and over, shall file, in properly completed form, signed and notarized, a Class I Annual Report form as prescribed and furnished by the Pennsylvania Public Utility Commission, on or before March 31, covering the preceding calendar year.
(b) A Class I common carrier, contract carrier and forwarder of property subject to the jurisdiction of the Commission and the Interstate Commerce Commission and required to file an Interstate Commerce Commission Class I or Class II Annual Report with that commission, may file with the Commission, on forms obtained by the carrier, a copy of its Interstate Commerce Commission Class I or Class II Annual Report in substitution of the Class I Annual Report prescribed by the Commission, if the Commonwealth intrastate gross revenues included in the form are set forth separately.
(c) A common carrier and forwarder of property having gross annual revenues, intrastate and interstate combined, during the preceding year, of less than $1 million, shall file, in properly completed form, signed and notarized, on or before March 31, covering the preceding calendar year, a Class II Annual Report Form as prescribed and furnished by the Commission.
(d) A contract carrier of property, regardless of the amount of gross annual revenues, intrastate and interstate combined, shall file, in properly completed form, signed and notarized, on or before March 31, covering the preceding calendar year, a contract carrier annual report form as prescribed and furnished by the Commission.]
§ 31.10. Assessment reports.
Each common carrier, motor common carrier of property and forwarder of property shall file with the Commission each year an assessment report, on Form MT--(year) provided by the Commission, showing gross Commonwealth intrastate revenues for assessment purposes. The assessment report shall be filed by March 31, covering the preceding calendar year.
§ 31.16. Mileage description in certificates.
A certificate of public convenience issued by the Commission for the transportation of [property] household goods in use to common carriers by motor vehicle, in which mileage distances are provided without being described in terms of ''airline distance,'' ''statute miles,'' ''usually traveled highways[,]'' or other comprehensive definition, shall be construed to mean airline distance measured in statute miles.
MOTOR COMMON CARRIERS OF PROPERTY [BY MOTOR VEHICLE] AND HOUSEHOLD GOODS IN USE CARRIERS (Editor's Note: The following sections, which appear at 52 Pa. Code pages 31-10--31-13, serial pages (142878)--142881) are proposed to be deleted in their entirety.)
§ 31.21. (Reserved).
§ 31.22. (Reserved).
§ 31.23. (Reserved).
§ 31.24. (Reserved).
§ 31.25. (Reserved).
§ 31.27. Rate schedules and tariffs.
(a) Each common carrier [by motor vehicle] of household goods in use shall comply with the regulations the Commission may formulate governing the filing, publishing and posting of tariffs by [common carriers of property by motor vehicle] household goods carriers as set forth in Chapter 23 (relating to tariffs for common carriers of passengers and household goods in use).
(b) No rate based upon a limitation of liability may be published in the tariff and no limitation of liability may be prescribed in a bill of lading, unless approval has been obtained from the Commission for the publication of tariffs providing rates limited to value of the commodity, in the form and manner of [such] the petition and proceedings as the Commission may provide in its rules governing filing, publishing and posting of tariffs by [common carriers of property by motor vehicle] household goods carriers as set forth in Chapter 23. [Rates based upon a limitation of liability for loss or damage to baggage may be published without approval of the Commission.]
(Editor's Note: The following sections, which appear at 52 Pa. Code pages 31-14--31-16, serial pages (142882)--(142884) are proposed to be deleted in their entirety.)
§ 31.28. (Reserved).
§ 31.29. (Reserved).
§ 31.30. (Reserved).
§ 31.31. (Reserved).
§ 31.34. [Handling of c.o.d. shipments] (Reserved).
[(a) This section applies to the handling of c.o.d., that is, cash on delivery shipments by common carriers, except transportation which is auxiliary to or supplemental to transportation by railroad and performed on railroad bills of lading, or performed for freight forwarders on freight forwarder bills of lading.
(b) No common carrier, except as otherwise provided in subsection (a), may render c.o.d. service, unless the carrier has published, posted and filed tariffs which contain the rates, charges and rules governing the service, which rules shall conform with this chapter.
(c) Each common carrier, except as otherwise provided in subsection (a), shall remit each c.o.d. collection directly to the consignor or other person designated by the consignor as payee promptly and within 10 days after delivery of the c.o.d. shipment to the consignee. If the c.o.d. shipment moved in interline service, the delivering carrier shall, at the time of remittance of the c.o.d. collection to the consignor or payee, notify the originating carrier of the remittance.
(d) A common carrier, except as otherwise provided in subsection (a), handling c.o.d. shipments as a delivering carrier shall maintain a record of c.o.d. shipments received for delivery in a manner and form that will plainly and readily show the following information with respect to each shipment.
(1) The number and date of the freight bill.
(2) The name and address of the consignee.
(3) The date the shipment was delivered.
(4) The amount of c.o.d.
(5) The date collected by the delivering carrier.
(6) The date remitted to the payee.
(7) The check number or other identification of the remittance to payee.]
§ 31.37. [Return of refused, rejected or damaged shipments to points of origin] (Reserved).
[Common carriers by motor vehicle now holding certificates of public convenience from the Commission for the transportation of property shall of right be authorized to return refused, rejected or damaged shipments to the point of origin without further Commission approval.]
CONTRACT CARRIERS OF [PROPERTY] HOUSEHOLD GOODS IN USE BY MOTOR VEHICLE § 31.41. Classification.
The classification of contract carriers of [property] household goods in use is as described in the permit.
§ 31.45. Contracts.
(a) Form. The special or individual agreements entered into by a contract carrier of [property by motor vehicle] household goods in use with shippers shall be in writing, shall provide for transportation for a particular shipper, shall be bilateral and impose specific obligations upon both carrier and shipper [and shall cover a series of shipments over a stated route or in a stated area during a stated period of time in contrast to contracts of carriage governing individual shipments].
(b) Filing. Each contract carrier of [property by motor vehicle] household goods in use shall file and keep on file with the Commission copies or abstracts of contracts in [such] a manner [as] the Commission may by regulation from time to time prescribe. The contracts shall be certified by the carrier and the shipper.
* * * * * (Editor's Note: The following sections, which appear at 52 Pa. Code page 31-27, serial page (122611) are proposed to be deleted in their entirety.)
§ 31.47. (Reserved).
§ 31.48. (Reserved).
§ 31.49. (Reserved).
§ 31.50. (Reserved).
FORWARDERS OF PROPERTY § 31.61. [Classification] (Reserved).
[Classification regulations applicable to common carriers, the provisions of which are set forth in § 31.21 (relating to classification), also apply to forwarders.]
§ 31.62. Use of or interchange with carriers.
(a) No forwarder in intrastate commerce may use or interchange with a motor[, air] or water common carrier which does not have a certificate of public convenience issued by the Commission, if the certificate is required. [The forwarder may use or interchange with a certified common carrier, but only over a route or within a territory covered by the certificate.]
* * * * * (Editor's Note: The following sections, which appear at 52 Pa. Code page 31-29, serial page (132651) are proposed to be deleted in their entirety.)
§ 31.66. (Reserved).
§ 31.67. (Reserved).
§ 31.68. (Reserved).
§ 31.69. (Reserved).
§ 31.70. (Reserved).
§ 31.71. (Reserved).
[Pa.B. Doc. No. 96-480. Filed for public inspection March 29, 1996, 9:00 a.m.]
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