NOTICES
Implementation Order, Act 61; Passenger Transportation within Allegheny County
[42 Pa.B. 5947]
[Saturday, September 15, 2012]Public Meeting held
August 30, 2012Commissioners Present: Robert F. Powelson, Chairperson; John F. Coleman, Jr., Vice Chairperson; Wayne E. Gardner; James H. Cawley; Pamela A. Witmer
Implementation Order, Act 61; Passenger Transportation within Allegheny County; M-2012-2318841
Implementation Order By the Commission:
On June 13, 2012, Act 61 of 2012, HB10, was enacted, effective September 11, 2012. Act 61 amends various provisions of the Second Class Port Authority Act, 55 P. S. §§ 551—563.5. Significantly, Act 61 provides that the Commission has sole and exclusive jurisdiction over passenger transportation service provided in Allegheny County, which service would otherwise be subject to the Commission's jurisdiction.1 Prior to passage of Act 61, the Commission's jurisdiction over passenger transportation service in Allegheny County was limited to taxicabs, school buses, and limousines. 66 Pa.C.S. §§ 1121—1124; Port Authority of Allegheny County v. Pa. Public Utility Commission, 431 A.2d 243 (Pa. 1981); 52 Pa. Code § 41.13.
In light of the extension of Commission jurisdiction granted by Act 61, all carriers currently authorized by the Port Authority to provide passenger transportation service within Allegheny County, will retain their authority through the Commission.2 The authority that a carrier retains is the same authority that the carrier held with the Port Authority.3 The carrier is subject to Commission rules and regulations, including our safety, operational, insurance and tariff requirements.
In order to assist these carriers in their insurance compliance efforts, the Commission will accept temporary proof of insurance, including an insurance binder, a copy of the declaration page from an insurance policy, or a copy of the Form ''E'' certificate of insurance. 52 Pa. Code § 32.2. This temporary proof must be filed within seven (7) days of the date of entry of this Order. Within sixty (60) days of the date of entry of this Order, a carrier is required to file a Form ''E'' certificate of insurance. Failure by a carrier to file a Form ''E'' within sixty (60) days will result in initiation of proceedings to revoke the carrier's certificate.
As for tariffs, the Commission will initially accept the carrier's tariff on file with the Port Authority. However, within sixty (60) days of the date of entry of this Order, existing carriers must file an acceptable tariff with the Commission in accordance with 52 Pa. Code Chapter 23. Failure by a carrier to file an acceptable tariff will result in initiation of proceedings to revoke the carrier's certificate. The Commission's Bureau of Technical Utility Services will provide guidance to any carrier requesting same on any compliance issue, including insurance and tariff issues.
As for any other carrier wishing to provide service within Allegheny County that is not currently authorized to do so by either the Port Authority or the Commission, that carrier must file an application for authority with the Commission pursuant to 66 Pa.C.S. § 1103, with the exception of existing group and party carriers providing service in vehicles with seating capacities of 16 or more.4 Given the exigency of a carrier's business demands, the Commission will endeavor to process these applications as quickly and efficiently as possible; Therefore,
It Is Ordered That:
1. The existing carriers identified herein currently authorized by the Port Authority to provide service within Allegheny County will retain their authorization through the Commission.
2. The existing carriers identified herein currently authorized by the Port Authority to provide service within Allegheny County must file temporary proof of insurance with the Commission within seven (7) days of the date of entry of this Order. For questions regarding insurance issues, carriers may contact the Commission at (717)787-1227. Further, information on specific insurance requirements can be found at www.puc.pa.gov.
3. The existing carriers identified herein currently authorized by the Port Authority to provide service within Allegheny County must file a Form E certificate of insurance with the Commission within sixty (60) days of the date of entry of this Order.
4. The existing carriers identified herein currently authorized by the Port Authority to provide service within Allegheny County must file an acceptable tariff within sixty (60) days of the date of entry of this Order. For questions regarding tariff issues, carriers may contact the Commission at (717)787-1227. Further, information on specific tariff requirements can be found at www.puc.pa.gov.
5. Any carrier wishing to provide service within Allegheny County that is not currently authorized to do so by either the Port Authority or the Commission, must file an application for authority with the Commission pursuant to 66 Pa.C.S. § 1103, with the exception of existing group and party carriers providing service in vehicles with seating capacities of 16 or more.
6. This Order shall be served on all carriers currently certificated by the Port Authority, identified herein.
7. This Order shall be published in the Pennsylvania Bulletin and posted on the Commission's website.
ROSEMARY CHIAVETTA,
Secretary
[Pa.B. Doc. No. 12-1838. Filed for public inspection September 14, 2012, 9:00 a.m.] _______
1 In addition to contract carrier service, the Commission recognizes the following categories of common carrier passenger transportation: scheduled route service, call or demand service, group and party service in vehicles with seating capacities of 11 to 15 persons, group and party service in vehicles with seating capacities of more than 15 persons, limousine service, airport transfer service, paratransit service and experimental service.
2 The Port Authority has provided a list of these carriers to the Commission, identifying the following carriers: Lenzner Coach Lines/Coach USA, Pittsburgh Transportation Group, Ampco System Parking/Network Parking Company, Ltd., Just Ducky Tours, Inc., Transport U, LLC, Airport Limousine Service, d/b/a Freedom Transportation, Transcare Pennsylvania, Inc., Designated Driver Limousine Service, and Pittsburgh Chauffer. The Port Authority identified other paratransit carriers providing service exclusively through contract with the Port Authority, but holds no authority to provide service outside that contract.
3 We recognize that there may be differences between the Port Authority and the Commission regarding the characterization of a carrier's operating authority as well as licensing and certification requirements. We will address these potential issues with each carrier individually in due course.
4 We note that some Commission certificated carriers currently hold authority to serve all points in Pennsylvania. This authority was granted prior to Act 61 and, by necessity, did not include authority to serve points within Allegheny County, since the Commission never had jurisdiction over those services. Further, group and party service provided in vehicles with seating capacities of 16 or more is not subject to territorial regulation by the Commission and therefore we will not require an application from these existing carriers to serve Allegheny County. Regulation of Group and Party Carriers, Docket No. P-00981458. (Order entered January 11, 1999).
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