PROPOSED RULEMAKING
PENNSYLVANIA PUBLIC UTILITY COMMISSION
[52 PA. CODE CHS. 29 AND 31]
[34 Pa.B. 3258] [L-00020157]
Passenger Service and Property and Household Goods Carriers The Pennsylvania Public Utility Commission, on March 18, 2004, adopted at proposed rulemaking order setting forth changes to regulations governing passenger service and property and household goods carriers.
Executive Summary
The Pennsylvania Public Utility Commission is vested with jurisdiction over common carriers operating within Pennsylvania. 66 Pa.C.S. §§ 102, 501, 1101, 1102, 1103. In furtherance of this statutory charge, the Commission has promulgated regulations governing common carriers of passengers and property, including household goods. 52 Pa. Code Chapters 29 and 31. Due to changes in the appropriate levels of Commission oversight of these industries mandated by federal preemption or as well as the changing dynamics within the transportation market, the Commission has proposed modifications and additions to its current regulations.
Proposed changes to regulations governing passenger service include implementation of procedural safeguards in the event of the death or incapacitation of a certificate holder, deletion of unduly burdensome accounting requirements, modification of accident reporting requirements, deletion of obsolete regulations governing smoking and passenger/driver conversation, modification of leasing regulations, implementation of a consumer information requirement for most carrier classes, and the addition of driver regulations for vehicles with seating capacities of 15 passengers or less.
Proposed changes to regulations governing property and household goods carriers include implementation of procedural safeguards in the event of the death or incapacitation of a certificate holder, modification of accident reporting requirements, modification of leasing regulations, modification of the ''Information for Shippers'' form provided by household goods carriers, implementation of a requirement that household goods carriers must prepare an Inventory and a Bill of Lading, and implementation of a requirement that household carriers obtain criminal history records for all persons providing moving services within a dwelling.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on June 16, 2004, the Commission submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Committees. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections shall specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Commission, the General Assembly and the Governor of comments, recommendations or objections raised.
Public Meeting held
March 18, 2004Commissioners Present: Terrance J. Fitzpatrick, Chairperson; Robert K. Bloom, Vice Chairperson; Glen R. Thomas; Kim Pizzingrilli; Wendell F. Holland
Proposed Rulemaking Amending 52 Pa. Code Chapters 29 and 31; Doc. No. L-00020157
Proposed Rulemaking Order By the Commission:
On September 25, 2002, we issued an Advance Notice of Proposed Rulemaking Order, soliciting comments concerning changes to the Commission's regulations governing motor carriers of passengers and property, including household goods. 52 Pa. Code Chapters 29 and 31. The impetus for the Advance Notice was changes in the Commission's oversight of these industries mandated by federal preemption, (Federal Aviation Authorization Act of 1994 and the Transportation Equity Act for the 21st Century, P. L. 105-178), as well as changing dynamics within the transportation market. Comments were filed by numerous parties.1 Having reviewed the comments, we now propose the following changes to the Commission's regulations at 52 Pa. Code Chapters 29 and 31.
52 Pa. Code Chapter 29
§ 29.11. Applicability.
We propose adding contract carriers of passengers to this section. This change is consistent with the scope and content of the chapter. See 52 Pa. Code § 29.111.
§ 29.31. Sale or transfer of certificates.
We propose redrafting this section to make it more readily understandable. There is no change in content.
§ 29.32. Death or incapacitation of a certificate holder.
We propose modifying this provision to delete the self executing termination language. Before canceling or allowing the abandonment of a certificate of public convenience, the Commission must consider whether cancellation or abandonment is in the public interest. See 66 Pa.C.S. §§ 501, 1102, 1103. The rights and obligations conferred by a certificate can be terminated only upon application for abandonment or complaint to cancel the certificate. We propose modifying this section so that it is consistent with our statutory charge.
§ 29.33. Transfer of certificate without a hearing.
We propose deleting this section. This section addresses the hearing requirement for certificate transfers. However, it is our position that this issue is adequately addressed at 52 Pa. Code § 29.31. Further, § 29.33 is not accurate to the extent that it does not contain a complete recitation of circumstances under which a certificate may be transferred without hearing.
§ 29.41. Accounts and records.
We propose deleting the requirement that motor carriers of passengers maintain books in conformity with the Uniform System of Accounts found at 99 CFR § 1206.2. Interstate carriers are no longer required to comply with the Uniform System of Accounts. We see no benefit in requiring intrastate carriers to comply with this accounting system. Rather, we will simply direct that intrastate passenger carriers follow generally accepted accounting principles for all accounting and reporting matters. We note that we will leave subsection (c) intact.
§ 29.44. Accident reports.
We propose amending this provision to provide for telephonic notification to our Bureau of Transportation and Safety within 24 hours of an accident that results in the death of a person.2 Carriers must also provide a written report of the accident to the Commission within 30 days of the accident. Finally, carriers must maintain copies of police reports for any reportable accidents for one year from the date of the accident. We believe that these modifications adequately protect the public while not overburdening the industry or our staff.
Currently, our regulations provide that carriers must report accidents to the Commission within 30 days of occurrence involving death, personal injuries requiring medical attention, property damage of $4,200 or more, or collisions at grade crossings. The Bureau of Transportation and Safety receives monthly accident reports from the Pennsylvania Department of Transportation on accidents involving all motor carriers. Therefore, the current reporting requirements are duplicative. However, in light of our paramount concern over safety, we believe that the requirement that carriers report accidents involving death be retained.
§ 29.61. Commencement of service.
We propose revising this provision to eliminate the automatic termination of the certificate of public convenience in the event a carrier fails to commence service within 30 days of authorization. See 52 Pa. Code § 29.32.
§ 29.62. Interruptions of service.
We propose amending this provision to change the reference from ''order to show cause'' to ''complaint.'' This change is consistent with current practice.
§ 29.73. Posting notice prohibiting conversation.
We propose deleting this section. This change is consistent with current Federal regulations. See 49 CFR Part 392, subpart G.
§ 29.81. Smoking limitations.
We propose deleting this section since we do not believe that it is necessary.
§ 29.101. Operation of leased equipment.
We propose modifying the current regulation by requiring drivers be qualified under the new driver regulations (subchapter F, below), prohibiting carriers (with the exception of call or demand carriers) from leasing vehicles to drivers, updating some cross references, and eliminating the formal inspection reports (subsection j) and annual reports (subsection h). The prohibition against leasing vehicles to drivers is consistent with the intent of this section to ensure that the certificated carrier maintains control over the service provided under its authority. The elimination of the inspection report does not relieve the carrier's obligation to inspect leased vehicles and to maintain a certificate of inspection. We believe that the inspection report does not enhance safety enforcement and is simply cumbersome. Further, elimination of the annual report is consistent with current Commission practice.
We have also eliminated various sections that no longer serve a useful purpose. Specifically, we have eliminated the section concerning receipts, since we believe that the lease itself suffices as adequate documentation for our purposes. Further, we have eliminated subsection (g), concerning scheduled route and group and party service. These provisions are not relevant in the current regulatory environment. We note that these carriers must continue to comply with the remainder of our leasing requirements.
We note that various commentators suggested amending this section to include a provision insulating carriers from prosecution if they utilize lease drivers who have a suspended or inactive driver's license. We decline to adopt this suggestion. As we have previously noted, it is a carrier's responsibility to ensure that all drivers operating under its authority are properly licensed. Pa. PUC v. Yellow Cab Company of Pittsburgh, Docket No. A-00049926C9803-C9812 (Order entered November 17, 1999). It is imperative that we take a zero tolerance stance on this issue. Public safety and insurance coverage are compromised through operation of vehicles by unlicensed drivers. We will not tolerate this at any level.
Commentators also suggest that we modify subsection 29.101(a)(3) to include reference to underinsured and uninsured motorist coverage. We decline to adopt this recommendation, since our regulations at 52 Pa. Code Chapter 32 adequately address insurance requirements.
Subchapter C. Contract carriers and brokers.
We propose deleting reference to ''brokers'' due to inapplicability.
§ 29.111. Accounts, records and memoranda.
We propose deleting references to 52 Pa. Code §§ 29.43, 29.73, and 29.81 to be consistent with current and proposed regulations. Further, we are deleting the annual report filing requirement for contract carriers.
Scheduled Route Service
§ 29.301. Conditions.
We propose revising this section to include reference to subchapters E (Vehicle Equipment and Inspection) and F (Driver Requirements, to be discussed below).
§ 29.303. Service standards and requirements.
This provision, concerning scheduled route carriers, is revised to ensure that particular schedule changes are provided to the Commission.
§ 29.306. Consumer information.
This provision was added in order to advise the public of the appropriate forum in which to address complaints over service. We believe that this requirement will have minimal cost to the carrier yet be a significant benefit to the public.
Call or Demand Service
§ 29.311. Conditions.
We propose revising this section to include reference to subchapters E (Vehicle Equipment and Inspection) and F (Driver Requirements, to be discussed below).
§ 29.313. Service standards and requirements.
We propose amending this provision to include a requirement that log sheets be completed contemporaneously with a trip. This requirement ensures reporting accuracy. Further, we propose that origin and destination points provided in log sheets include a street name with address, if available, or some identifiable landmark.
§ 29.314. Vehicle and equipment requirements.
We propose making meters mandatory for all call or demand carriers. We propose this as a more efficient and accurate means of charging the public for service. Meters are available at a cost of approximately $225. Currently, approximately fifty per cent (50%) of call or demand carriers charge non-metered rates. We believe that the cost of installing the meters is not enormous and is certainly outweighed by the benefits associated therewith; i.e., charges that more accurately reflect the cost of transportation. Further, we will continue to require all meters to be sealed for security and accuracy purposes. We also will require carriers to provide an annual vehicle list to the Commission. This requirement will aid the Commission in its enforcement efforts. Further, we will require all taxicabs to have dome lights, which will aid the public in identifying taxicabs available for service. Finally, we propose that no vehicles older than eight years be permitted to be utilized in taxi service. We believe this vehicle age limitation will ensure a current, reliable fleet. This requirement will be phased in over a one year period.
§ 29.315. Alternative forms of compensation.
We propose technical amendments to this section updating cross references.
§ 29.316. Tariff requirements.
We propose amending this section by phasing out zone-based fares in three years.
§ 29.317. Accounting requirements for alternative forms of compensation for drivers.
We propose technical amendments to this section as well as phasing out references to zone-based fares. Further, the report required by subsection (c) will only be provided to drivers upon request. We believe that this proposal minimizes unnecessary paperwork for the carrier while retaining necessary protections for the driver.
§ 29.318. Complaint decals.
We propose that all taxicabs be required to post a complaint decal inside their vehicles.3 The decal will advise a customer of relevant complaint information. The decals shall be provided by the Commission. Only decals provided by the Commission may be posted.
Limousine Service
§ 29.331. Conditions.
We propose amending this provision to include references to Subchapters E and F.
§ 29.332. Method of operation.
We propose amending this provision to prohibit the direct solicitation of passengers. While one commentator suggested establishing a 24 hour advance reservation requirement, we reject that suggestion as too restrictive. It is not our intention to deny the public a transportation service by establishing arbitrary and burdensome conditions. Rather, we believe the existing prohibition against street hail and the proposed prohibition against direct solicitation help to satisfactorily ensure the unique nature of limousine service.
§ 29.333. Vehicle and equipment requirements.
We propose amending this provision to include a requirement that limousines be no more than eight years old. This requirement helps to ensure the condition of the fleet and will be phased in over a one year period.
Further, we propose requiring limousine operators to provide the Commission with a vehicle list annually. This requirement will enhance enforcement efforts.
Finally, we reject one commentator's suggestion that Commission inspections will be performed only on a pre-arranged basis. Currently, the Commission conducts both routine and random inspections of limousines. Routine inspections are scheduled for a mutually convenient time. Random inspections are not scheduled. We believe that continuing random inspections enhances Commission enforcement efforts to help ensure the provision of safe and reliable limousine service.
§ 29.334. Tariff requirements.
We propose amending this section to prohibit the use of meters. We believe that meters are unique to taxi service and should not be utilized in luxury limousine service. Further, we propose restricting limousines from basing tariffs on mileage. We believe that a mileage based rate is more akin to taxicab service. Limousine service is a luxury service, and should not be viewed as a substitute for taxicab service. The industries serve different transportation needs. A time based tariff is more consistent with the nature of limousine service.
§ 29.335. Trip sheet requirements.
We propose amending this provision to include a requirement that the origin point be included on trip sheets. This requirement will aid in enforcement. Further, we propose deleting odometer recording requirements, as irrelevant under our proposed tariff changes.
§ 29.336. Consumer information.
The Commission proposes mandating a consumer information initiative that would provide the consumer with relevant information regarding service complaints. We propose offering limousine carriers three choices to comply with this initiative: (1) posting a Commission supplied complaint decal, (2) providing information on the service contract, or (3) providing information on the receipt for service. We believe this initiative will aid the public and enhance transportation service.
Airport Transfer Service
§ 29.341. Conditions.
We propose amending this section to include reference to subchapters E and F.
§ 29.344. Consumer information.
The Commission proposes mandating a consumer information initiative that would provide the consumer with relevant information regarding service complaints. We propose offering airport transfer carriers two choices to comply with this initiative: (1) posting a Commission supplied complaint decal, or (2) providing information on the receipt for service. We believe this initiative will aid the public and enhance transportation service.
Other Services: Paratransit, Experimental
§ 29.351. Conditions.
We propose amending this section to include reference to subchapters E and F.
§ 29.356. Consumer information.
The Commission proposes mandating a consumer information initiative that would provide the consumer with relevant information regarding service complaints. We propose offering paratransit carriers two choices to comply with this initiative: (1) posting a Commission supplied complaint decal, or (2) providing information on the receipt for service. We believe this initiative will aid the public and enhance transportation service.
Subchapter E. Vehicle Equipment and Inspection.
§ 29.401. Applicability
We propose amending this provision to more clearly delineate its applicability to vehicles with seating capacities of 15 passengers or less, including the driver.
§ 29.402. Vehicle equipment requirements.
We propose amending this section to more clearly delineate applicability. See § 29.401.
We also propose amending this section to include a requirement that advertising be limited to the roof of the vehicle. We believe this requirement will ensure unobstructed views for driver and passenger. Further, it will aid in enforcement since vehicle identification markings will not be obscured by advertisements.
§ 29.403. Requirements for passenger service operation.
We propose amending subsection (1) of this provision to include a reference to removable seats which are currently common in vehicles. Further, we propose the following additional vehicle requirements: operative air conditioning, exterior free of dents or gouges more than four inches in diameter, vehicles must have four matching wheel covers or the equivalent, and seats shall be secure and undamaged with no protruding springs or cushioning. We believe these requirements are reasonable and serve to enhance the level of service to the public.
§ 29.404. Unsafe operations forbidden.
We propose amending this section to include a prohibition against operating a vehicle in violation of 52 Pa. Code § 29.403.
§ 29.406. Inspection by enforcement officers.
We propose amending this provision to clarify and simplify the out-of-service procedures employed by the Commission. We will no longer differentiate between ''out-of-service'' and ''out-of-passenger service.'' Our experience indicates that this distinction has no practical benefit and simply creates enforcement difficulties. Further, we propose deleting the requirement that carriers complete and provide the Commission with the ''Motor Carrier Certification of Action Taken'' form, since the Commission performs reinspections as a matter of course.
Subchapter F. Driver Regulations
We propose the addition of driver regulations for drivers of vehicles with seating capacities of 15 passengers or less, including the driver. We will require all drivers have a current license and be at least 21 years of age. Further, we shall require carriers to obtain a driver history for each driver and update that history every 12 months. We will require carriers to obtain a criminal history record for all drivers and update same every two years. Finally, we will prohibit operation of vehicles by anyone under the influence of alcohol or a controlled substance. We believe these requirements will help to ensure the quality and safety of public utility service in Pennsylvania.
We further propose additional driver standards for carriers operating vehicles with seating capacities of 9 to 15 passengers, including the driver. Recent amendments to federal regulations applicable to interstate carriers of this vehicle type are found at 49 CFR Part 390. We propose adopting similar standards. Specifically, we propose physical qualification and hours of service standards. We believe that the heightened scrutiny accorded drivers of these vehicles is warranted and in the public interest.
52 Pa. Code Chapter 31
Our proposed revisions to this chapter are primarily aimed at provisions governing household goods carriers, 52 Pa. Code §§ 31.121--31.130. Those proposed changes attempt to strike a continuing balance between the shipper and the carrier. We also propose some general revisions governing both property and household goods carriers.
§ 31.4. Transfer of Certificates and Permits.
We propose modifying this provision to delete the self executing termination language found in subsection (c). Before canceling or allowing the abandonment of a certificate of public convenience, the Commission must consider whether cancellation or abandonment is in the public interest. See 66 Pa.C.S. §§ 501, 1102, 1103. The rights and obligations conferred by a certificate can be terminated only upon application for abandonment or complaint to cancel the certificate. We propose modifying this section so that it is consistent with our statutory charge.
§ 31.11. Reports of Accidents and Damages.
We propose amending this provision to provide for telephonic notification to our Bureau of Transportation and Safety within 24 hours of an accident that results in the death of a person. Further, carriers must maintain copies of police reports for any reportable accidents for one year from the date of the accident. We believe that these modifications adequately protect the public while not overburdening the industry or our staff.
§ 31.32. Equipment.
We propose revising this section to simplify and clarify leasing requirements. The Commission's primary concern in leasing is that the carrier have substantial control over the leased equipment and the transportation, ensuring compliance with relevant safety and insurance requirements. We believe that the proposed changes advance this goal while eliminating unnecessary regulatory requirements. The proposed modifications include making the regulation explicitly applicable to household goods carriers, deleting the minimum duration requirement as no longer relevant, deleting the additional documentation requirement for short term leases as no longer relevant, deleting the receipts for equipment requirement as no longer necessary, requiring carriers retain leases for 2 years following expiration of the lease, replacing the inspection report requirement with a certification requirement, deleting the prohibition on the amount of equipment leased, and deleting the interchange of equipment requirement for carriers authorized to interchange freight. The elimination of the inspection report does not relieve the carrier of its obligation to have leased vehicles inspected and to maintain a certificate of inspection. We believe that the report does not enhance the requirements.
§ 31.33. Identification of equipment.
The proposed changes include deleting excess language and replacing the requirement that identification markings be painted on the vehicle.
§ 31.121. Information for Shippers.
Our proposed modifications to this section include requiring carriers to provide shippers with the ''Information for Shippers'' form at least 48 hours in advance of the move, to ensure that shippers receive meaningful notice. Further, we propose requiring an Inventory be completed by the carrier and provided to the shipper, as well as a bill of lading. We propose raising the minimum insurance limits to 60 cents per pound per article.4 We also propose requiring carriers to use a Commission supplied form, which will be available on our web-site or upon request. This form will include the Commission's contact information for complaints. We also propose requiring carriers to retain an executed copy of the form for two years from the date of the move. We propose replacing ''money order'' with ''cashier's check,'' due to the relative security of these instruments. Finally, we have reconfigured the form so that it is more user-friendly.5
§ 31.122. Estimate of Charges.
We propose delineating all contents required on an estimate of charges form. Further, we propose deleting current regulation § 31.130, which is a sample ''Estimate of Charges'' form, as unnecessary. We also propose that carriers retain the form for two years form the date of the move. Finally, we propose moving the ''Notification of Charges'' section, since that section is distinct from ''Estimate of Charges.''
§ 31.123. Delivery when Charges Exceed Estimates.
We propose replacing ''money order'' with ''cashier's check,'' due to increased security.
§ 31.124. Report of Underestimates.
We propose deleting the sample report form attached to the regulations. Further, we propose carriers retain these reports for two years from the date of the move.
§ 31.125. Obtaining Weight Tickets.
We propose amending this section to eliminate the requirement for separate gross and tare weight tickets, since gross and tare weights are commonly included on the same weight ticket. Further, we propose eliminating the requirement that copies of bills of lading utilizing constructive weight be furnished to the Commission. This is an unnecessary requirement. If a dispute would arise, the bill of lading is available from the carrier. Finally, we propose that carriers retain the tickets for two years from the date of the move.
§ 31.127. Failure to Comply with Provisions.
We propose updating this section with appropriate statutory references.
§ 31.130. Estimated Cost of Services.
We propose deleting this provision since an example form is unnecessary in light of the specifications established for an estimated cost of services provided at § 31.122.
§ 31.131. Notification to Shipper of Charges.
We propose moving the notification requirement currently found at 52 Pa. Code § 31.122(1) to this location. This will reduce confusion and clarify that ''Notification of Charges'' is distinct from ''Estimate of Charges.'' Further, we propose modifying the notification requirements by permitting notice by fax or e-mail.
§ 31.132. Bill of Lading.
We propose adding a new requirement that a household goods carrier prepare and provide to the shipper a bill of lading for the shipment. We believe that the bill of lading is currently used by carriers and should not be omitted from our regulations. The requirement is straightforward, places no undue burden on the carrier, and serves as a valuable consumer protection tool.
§ 31.133. Inventory.
We propose requiring a household goods carrier to prepare an inventory of the shipment. The inventory will provide a shipper with the opportunity to make any damage notations. It will act as security for items damaged, lost or misplaced. We believe that an inventory does not pose an undue burden on the carrier and aids in consumer protection.
§ 31.134. Criminal History.
We propose requiring carriers to obtain criminal history records for all persons providing moving services within a dwelling. Further, carriers may not permit an individual who has been convicted of a felony or a crime of moral turpitude, and who remains under court supervision, to provide moving services in a shipper's dwelling. We believe that these requirements are reflective of fundamental shipper expectations when engaging a licensed carrier.
The Annex A, proposed regulations, is permitted by Sections 501, 1102, 1103, 1501, 1502, 1504, 1506, 1508, and chapters 23 and 25 of the Public Utility Code. Accordingly, under section 501 of the Public Utility Code, 66 Pa.C.S. § 501, and the Commonwealth Documents Law, 45 P. S. §§ 1201 et seq., and regulations promulgated thereunder at 1 Pa. Code §§ 7.1, 7.2 and 7.5, we propose to amend the regulations at Chapters 29 and 31 as set forth in Annex A. Therefore,
It Is Ordered That:
1. The Secretary shall submit this order and Annex A to the Office of Attorney General for preliminary review as to form and legality.
2. The Secretary shall submit a copy of this order, together with Annex A, to the Governor's Budget Office for review of fiscal impact.
3. The Secretary shall submit this order and Annex A for review and comment by the designated standing committees of both Houses of the General Assembly, and for review and comment by IRRC.
4. The Secretary shall duly certify this order and Annex A and deposit them with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
5. Within 30 days of this order's publication in the Pennsylvania Bulletin, an original and 15 copies of any comments concerning this order should be submitted to the Office of the Secretary, Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA, 17105-3265. Alternate formats of this document are available to persons with disabilities and may be obtained by contacting Sherri DelBiondo, Regulatory Coordinator, Law Bureau at (717) 772-4597 or through the AT&T Relay Center at (800) 654-5988. The contact person is John Herzog, Assistant Counsel, Law Bureau, (717) 783-3714.
6. A copy of this order shall be served on all commentators to the Advance Notice of Proposed Rulemaking order.
JAMES J. MCNULTY,
SecretaryFiscal Note: 57-233. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 52. PUBLIC UTILITIES
PART I. PUBLIC UTILITY COMMISSION
Subpart B. CARRIERS OF PASSENGERS OR PROPERTY
CHAPTER 29. MOTOR CARRIERS OF PASSENGERS
Subchapter B. COMMON CARRIERS
PRELIMINARY PROVISIONS § 29.11. Applicability.
This chapter applies to common carriers and contract carriers of passengers, and is subject to amendment, change, modification or exception as the Commission may deem advisable, just and proper.
TRANSFER OF RIGHTS § 29.31. Sale or transfer of certificates.
[No certificate or right described in §§ 29.31--29.35 (relating to transfer of rights) may be sold or transferred by act, deed or by operation of law, except as otherwise provided in §§ 29.31--29.35, unless the approval of the Commission is first obtained.] The approval of the Commission is required for the sale or transfer of a certificate, except as otherwise provided in this chapter. The approval may be granted with or without hearing and after such reasonable notice as the Commission may direct.
§ 29.32. Death or incapacitation of a certificate holder.
Upon the death of a holder of a certificate, or upon an individual certificate holder being legally declared insane or otherwise incompetent, the rights conferred by the certificate shall continue with the legal representative of the deceased or insane holder for a period of 1 year[, after which time the rights conferred shall terminate]. After the expiration of the one year period, appropriate proceedings shall be initiated to terminate the certificate, unless application has been made to transfer the rights to the heirs, guardian, trustees, legatees or others, in which case the rights shall continue with the legal representative until the application is granted or refused. In the event application is made by the legal representative not less than 30 days prior to the end of a period of 1 year, the Commission may, at its discretion and for cause shown, permit the transfer of the rights to the executors, administrators, guardians, trustees or other legal representatives of the deceased or insane holder for a period to be fixed by the Commission. Pertinent orders or decrees of the court having jurisdiction over the estate of the decedent or insane person may be deemed cause for the granting of the petitions by the Commission.
§ 29.33. [Transfer of certificate without a hearing] (Reserved).
[If the individual holder of a certificate dies or is legally declared insane or otherwise incompetent, and an application is made to transfer the rights granted under the certificate to his legal representative, or if the certificate holder is a copartnership and the application for a transfer is in effect to change one or more of the partners, the Commission may dispose of the application without a hearing.]
ACCOUNTS, RECORDS AND REPORTS § 29.41. Accounts and records.
(a) [A common carrier with average gross annual revenues, intrastate and interstate combined, during the preceding year, of $1 million and over, shall maintain books, accounts and records in conformity with the Uniform System of Accounts for Class I Common and Contract Motor Carriers of Passengers, 49 CFR Part 1206 (relating to common and contract motor carriers of passengers), and the applicable current sections of 49 CFR (relating to transportation) governing the preservation of records of Class I motor carriers.] Common carriers of passengers shall follow generally accepted accounting principles for all accounting and reporting matters.
(b) [Other common carriers shall have the election of maintaining books, accounts and records in conformity with those required of motor carriers with average gross revenues of $1 million and over, or on a modified basis as will permit the filing of properly completed annual reports or assessment reports with the Commission, and shall preserve their records under the applicable current sections of 49 CFR governing the preservation of records of Class I and Class II motor carriers.
(c)] Amounts received as operating subsidies or payments for services rendered from a Federal, State or local governmental agency shall be included in the respective passenger revenue classifications corresponding to the operating authority under which the services were provided, and shall be included in the reporting company's assessment liability under 66 Pa.C.S. § 510 (relating to assessment for regulatory expenses upon public utilities).
§ 29.44. Accident reports.
(a) [Within 30 days after a reportable accident occurs, a detailed report shall be mailed to Secretary, Pennsylvania Public Utility Commission, Post Office Box 3265, Harrisburg, Pennsylvania 17120.] Accidents involving death of a person. Motor carriers of passengers, operating vehicles with seating capacities of 15 passengers or less, including the driver, shall telephonically notify the Bureau of Transportation and Safety of any accident resulting in the death of a person within 24 hours of the accident. Carriers shall maintain a copy of the police report for 1 year from the date of the accident.
(b) [A reportable accident is one involving one or more of the following:
(1) The death of a person.
(2) Personal injuries which require medical attention.
(3) Property damage amounting to $4200 or more, based on actual costs or reliable estimates.
(4) Collisions at grade crossings between motor vehicles operated under a certificate of public convenience and trains or streetcars, whether or not a person is killed or injured in the accident.
(c) In the event of the occurrence of an accident resulting in the death of a person, an immediate report of the accident shall be made by telephone or telegraph to the Bureau of Safety and Compliance of the Pennsylvania Public Utility Commission, in addition to the detailed written report required by subsection (a).
(d) The requirements of this section for the reporting of accidents correspond closely with those of the United States Department of Transportation, Federal Highway Administration, Bureau of Motor Carrier Safety, and the Department of Transportation, Bureau of Traffic Safety, of the Commonwealth. A copy of the report to the Bureau of Motor Carrier Safety or the Bureau of Traffic Safety will be accepted in lieu of a separate accident report.]
Other accidents. For all accidents resulting in the filing of a police report, a motor carrier shall maintain a copy of the police report for 1 year from the date of the accident.
CONTINUITY OF SERVICE § 29.61. Commencement of service.
A common carrier shall, within 30 days from the date of receipt of a certificate, begin operating and furnishing service. If it has not commenced operating and furnishing the authorized service within 30 days, [the rights granted by the certificate shall terminate,] appropriate proceedings shall be initiated to terminate the certificate unless, upon specific permission granted by the Commission, the time for commencement of service is extended.
§ 29.62. Interruptions of service.
An interruption of service for more than 48 hours shall be reported to the Commission with a statement of the cause of interruption and its probable duration. Suspension of service for [a period of] 5 consecutive days without notice to the Commission will be deemed sufficient cause for revocation or cancellation of the rights of the carrier, except if the suspension is caused by strike or labor difficulties, riot, insurrection, war, government decrees or an act of God. No order of revocation will issue until the carrier is given opportunity for a public hearing on a [rule to show cause] complaint why the rights should not be revoked and cancelled.
MARKINGS AND POSTING NOTICE § 29.73. [Posting notice prohibiting conversation] (Reserved).
[The following notice or a notice approved by the Commission shall be posted in a conspicuous place in the front part of the interior of each bus having seating capacity in excess of nine passengers:
PENNSYLVANIA PUBLIC UTILITY COMMISSION ORDER PROHIBITING CONVERSATION BY THE COMMISSION:
It is ordered: That operators of motor or trackless trolley buses engaged in intrastate common carrier service be and are hereby prohibited from conversing with passengers while the vehicle is in motion; and, further, that all passengers in such vehicles in motion be prohibited from distracting the attention of the operator by conversation or otherwise.]
[SAFETY] § 29.81. [Smoking limitations] (Reserved).
[(a) A motor common carrier of passengers subject to the act, which provides scheduled route service between fixed termini or over designated routes, and which desires to permit smoking of cigars, cigarettes or pipes, shall where smoking on passenger-carrying vehicles is not otherwise prohibited by law, provide a smoking area consisting of a number of seats at either the rear or the front of the passenger-carrying vehicle depending upon which area is best suited to the air circulating system of the vehicle, the area not to exceed 20% of the seating capacity of the vehicle.
(b) Subsection (a) does not apply to common carriers of passengers subject to the act when operating in call or demand or group or party service.]
MISCELLANEOUS PROVISIONS § 29.101. Operation of leased equipment.
(a) General provisions. General provisions [shall] include the following:
* * * * * (2) Drivers. When used in the authorized service of the lessee, leased vehicles shall be operated by drivers qualified under Subchapter F (relating to driver regulations) when operating vehicles with seating capacities of 15 or less, including the driver, or Chapter 37 (relating to safety code for transportation of property and passengers), when operating vehicles with seating capacities of 16 or more, including the driver.
(3) Insurance and registration. Leased vehicles shall be covered by insurance as provided by § [29.104 (Reserved)] 32.11 (relating to passenger carrier insurance) and shall conform with the requirements for registration of vehicles as set forth in 75 Pa.C.S. §§ 101--9910 (relating to the Vehicle Code).
* * * * * (5) Control. Vehicles shall be owned by or leased by the certificate holder. Operation and service shall be under the direct control and supervision of the certificate holder. A common carrier of passengers may not lease a vehicle to a driver, except as provided in subsection (h), relating to call or demand service.
* * * * * (c) [Receipts. When possession of the equipment is taken by the certificate holder or its regular employe or agent authorized to act for it, such certificate holder, employe or agent shall give to the owner of the equipment or to the owner's employe or agent a receipt specifically identifying the equipment and stating the date and time possession thereof is taken; and, when possession by the certificate holder ends, it or its employe or agent shall obtain from the owner of the equipment, or its regular employe or agent authorized to act for it a receipt specifically identifying the equipment and stating therein the date and the time possession thereof is retaken. The receipts shall be retained by the certificate holder for not less than 2 years.
(d)] Safety inspection. It is the duty of the certificate holder, before taking possession of equipment, to inspect the [same] equipment or to have the [same] equipment inspected by a person who is competent and qualified to make an inspection as a representative of the carrier to insure that the equipment is in a safe condition to be operated on the highway. The person making the inspection shall certify the results thereof [on a report in the form set forth in subsection (j)], which [report] certification shall be retained by the certificate holder for a period of not less than 1 year. If the inspection discloses that the equipment is not in a safe condition to be operated on the highways, possession thereof may not be taken by the certificate holder.
[(e)] (d) * * *
[(f)] (e) * * *
[(g) Scheduled route; group and party. The following applies to scheduled route carriers and to group and party carriers operating leased equipment:
(1) Leases for less than 10 days. Where a common carrier leases a vehicle for less than 10 days to another common carrier for operation in certificated service, subsections (c) and (d), relative to receipts and safety checks when taking possession of the leased vehicles are not applicable.
(2) Joint-line service. This section, with the exception of subsection (f), does not apply to vehicles when the vehicles are used in providing through transportation of passengers in regular service over the authorized routes of two or more carriers under a continuing interchange or lease of equipment arrangement between such carriers; provided that the schedules of the motor carriers show clearly the points or places between which each common carrier assumes and bears complete control and responsibility for the operation of the interchanged or leased vehicles.
(3) Number of vehicles. The seating capacity of the vehicles leased at any one time may not exceed the greater of one vehicle or 50% of the total seating capacity of the vehicles owned by the lessee and operated in the certificated service of the lessee; provided that, for purposes of this limitation, a vehicle shall be considered to be neither leased nor owned if the minimum duration of the lease is for a term of at least 120 days or if the lease has been continuously in force for a period of at least 120 days.
(h)] (f) Call or demand. The following applies to call or demand carriers operating leased equipment:
* * * * * (2) The holder of a call or demand certificate may lease vehicles to drivers for operation in the service of the certificate holder only under the following conditions:
* * * * * (iv) [The certificate holder shall be required to file an annual report in accordance with § 29.42 (relating to annual reports) which shall include gross operating revenues based upon the amount of the fares recorded on the daily log sheets maintained by the lessee-drivers.
(v)] The leasing plan of the certificate holder shall conform with the requirements of § 29.315 (relating to alternative forms of compensation).
[(i) [Reserved].
(j) Form. The following form is hereby made part of this section.]
(Editor's Note: As part of this proposed rulemaking, the Commission is proposing to delete the form which appears in 52 Pa. Code page 29-18, serial page (218744).)
Subchapter C. CONTRACT CARRIERS [AND BROKERS] § 29.111. Accounts, records and memoranda.
* * * * * (b) A contract carrier shall comply with §§ 29.41, [29.43,] 29.44, [29.73, 29.81] and 29.101--29.103. [A contract carrier of passengers, 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.
(c) Other matters relating to applications for permits by contract carriers shall, if practicable, conform with subsection (b).]
Subchapter D. SUPPLEMENTAL REGULATIONS
SCHEDULED ROUTE SERVICE § 29.301. Conditions.
This section and §§ 29.302--29.305 (relating to scheduled route service) applies to operations in the scheduled route class of common carriage. This section and §§ 29.302--29.305 [applies] apply in addition to relevant provisions of Subchapters A [and], B, E and F [(relating to general provisions; and common carriers] vehicle equipment and inspection; and driver regulations) as well as particular provisions contained in each certificate of a carrier.
§ 29.303. Service standards and requirements.
* * * * * (b) Notice of schedule changes. Notice of proposed changes in routes or in time schedules involving retiming or withdrawal of a trip shall be conspicuously posted in vehicles engaged in services affected by the changes and at stations and stops where practicable, for [a period of not less than] at least 10 days prior to the effective date thereof. Notice of any changes shall be provided to the Commission, in writing, 10 days prior to implementation. This section relating to changes in time schedules [do] does not apply to that portion of the service that is and will continue to be rendered on headways of 20 minutes or less.
* * * * * § 29.306. Consumer information.
To provide passengers with the necessary information to file a complaint, scheduled route carriers shall post a Commission-issued complaint decal in a conspicuous location inside the vehicle which lists the telephone number and website to be used to lodge a complaint or provide the following notice on the receipt for service:
For complaints and information, contact the Pennsylvania Public Utility Commission at 1-800-782-1100 or at www.puc.paonline.com. Include the company name and A-number for all complaints.
CALL OR DEMAND SERVICE § 29.311. Conditions.
This section and §§ 29.312--29.316 (relating to call or demand service) [applies] apply only to operations in the ''call or demand''--taxi--class of common carriage. These sections apply in addition to relevant provisions of Subchapters A [and], B, E and F [(relating to general provisions; and common carriers] as well as particular provisions contained in each certificate of a carrier.
§ 29.313. Service standards and requirements.
* * * * * (c) Log sheets. A driver of a vehicle in call or demand service shall keep a log sheet or manifest for each shift he operates unless some other method is, upon petition, specifically approved by the Commission. These log sheets shall be filled out contemporaneously with the trip, on a form supplied by the [certificate holder] certificateholder. The log sheets shall be retained by the [certificate holder] certificateholder for at least 2 years. Log sheets shall be turned over upon request to an authorized representative of the Commission upon the rendering of a receipt. Drivers shall fill out the log sheets with the following information:
* * * * * (4) The times and places of origin and destination of each trip including the odometer or meter mileage at the origin and destination of each passenger trip. Origin and destination places shall contain a street name and address or, if unavailable, an identifiable landmark.
* * * * *
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