PROPOSED RULEMAKING
[52 PA. CODE CHS. 29--31]
[L-950111]
Rescission of Obsolete Regulations Regarding Motor Carriers; Amendment of Medallion Program
[26 Pa.B. 2808] The Pennsylvania Public Utility Commission (Commission) adopted a rulemaking order December 14, 1995, that rescinds obsolete regulations regarding motor carriers and provides for cross-referencing of existing, interdependent regulations. The Commission also proposes to amend two regulations. The first amendment would require motor carriers of property to ensure that the equipment they are using has a valid inspection decal or complies with Federal inspection requirements. The second amendment adds to the list of prohibited discriminations, the discrimination by taxicab drivers against a person with a disability. The contact person is John Herzog, Assistant Counsel, Legal Division, Bureau of Transportation and Safety, (717) 783-3173.
Executive Summary
This rulemaking rescinds obsolete regulations regarding motor carriers and provides for cross referencing of existing, interdependent regulations. The Commission also proposes to amend two regulations. The first amendment would require motor carriers of property to ensure that the equipment they are using has a valid inspection decal or complies with Federal inspection requirements. The second amendment adds to the list of prohibited discriminations, the discrimination by taxicab drivers against a person with a disability.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Commission submitted a copy of these proposed amendments on May 30, 1996, to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Committee on Consumer Affairs and the Senate Committee on Consumer Protection and Professional Licensure. In addition to submitting these proposed amendments, the Commission has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the agency in compliance with Executive Order 1996-1. A copy of this material is available to the public upon request.
If the Committees have objections to any portion of the proposed amendments, they will notify the Commission within 20 days of the close of the public comment period. If IRRC has any objections to any portion of the proposed amendments, it will notify the Commission within 30 days after the close of the public comment period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the regulations, by the Commission, the General Assembly and the Governor of any objections raised.
Public meeting held
December 14, 1995Commissioners Present: John M. Quain, Chairperson, Statement follows; Lisa Crutchfield, Vice Chairperson; John Hanger; David W. Rolka; Robert K. Bloom
Proposed Rulemaking Order By the Commission:
By Order entered May 23, 1995, we issued an Advance Notice of Proposed Rulemaking To Review And Rescind All Obsolete And Excessive Rules And Regulations at Docket No. L-950103. The advance notice was published in the Pennsylvania Bulletin on June 3, 1995, 25 Pa.B. 2188, and 60-day comment period set.
We received comments from Erie Limousine Service, the Western Pennsylvania Limousine Association, and our own Bureau of Transportation and Safety which reveal the need to evaluate and update the procedures contained in the affected chapters. We are setting forth proposed changes in four sections in Chapters 29 and 31. We believe these changes will clarify, simplify and remove excessive and burdensome requirements from our motor carrier regulations.
Our review of the affected chapters was careful and meticulous. We are well aware of our duty to ensure the safety of utility service, and our proposed changes will not result in any lapse in our mandate. At the same time, this is not a complete list of regulations which have become obsolete. Due to the Federal legislation which preempted a portion of the Commission's jurisdiction in the motor carrier field, we are preparing another rulemaking to bring affected regulations up to date. Those included in the present rulemaking are those which are not affected by the Federal legislation but should be amended or deleted for other reasons.
What follows is a summary of the proposed changes.
Chapter 29. Motor Carriers of Passengers. § 29.71. Marking of vehicles. This section is amended to provide a cross-reference to § 29.333(b).
Chapter 31. Motor Carrier Property. § 31.13. Transportation of explosives. This section is deleted as obsolete in light of the existing hazardous materials regulations.
§ 31.14. Transportation of unauthorized persons. This section is deleted as obsolete in light of Chapter 37, which addresses the transportation of passengers by property carriers.
§ 31.32. Equipment. Additional language permits a motor carrier to take possession of equipment under lease after either performing an inspection or ensuring that the vehicle has a valid inspection decal, or complies with the periodic inspection requirements now found at § 37.204(7).
In proposing these changes, we believe that our efficiency as a regulatory agency will be enhanced. We are eliminating those sections which no longer serve a useful purpose and we are modifying others to promote the ease of application as well as fairness. We encourage those affected by these changes to file comments.
Further, as part of this rulemaking, we are amending the regulations found at 52 Pa. Code Chapter 30, concerning taxicab service in cities of the first class. Specifically, Subchapter F of those regulations provides for regulation of taxicab drivers. 52 Pa. Code § 30.75 provides for driver standards. Subsection (f) of that provision prohibits drivers from refusing service to a member of the public on the basis of sex, race, religion, nationality, age, and origin and destination points. We wish to add to this list a prohibition against drivers refusing service to persons with a disability.
Accordingly, under sections 501, 504, 505, 506, 1301 and 1501 of the Public Utility Code, 66 Pa.C.S. §§ 501, 504, 505, 506, 1301 and 1501, and the Commonwealth Documents Law, 45 P. S. §§ 1201 et seq., and the regulations promulgated thereunder, we shall institute a rulemaking proceeding to accomplish the objectives described in the body of this order. Therefore,
It Is Ordered that:
1. A rulemaking proceeding is hereby instituted at this docket.
2. The Commission's regulations are hereby proposed to be amended by:
(a) deleting §§ 31.13 and 31.14;
(b) amending §§ 29.71, 30.75 and 31.32.
3. The Secretary shall submit this order and Annex A to the Office of Attorney General for approval as to legality.
4. The Secretary shall submit this order and Annex A to the Governor's Budget Office for review of fiscal impact.
5. The Secretary shall submit this order and Annex A for informal review by the designated standing committees of both houses of the General Assembly, and for informal review and approval by the Independent Regulatory Review Commission.
6. The Secretary shall deposit this order and Annex A with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. Interested persons may submit written comments, an original and 10 copies, to John G. Alford, Secretary, Pennsylvania Public Utility Commission, and shall have 30 days from the date this order is published to submit comments.
7. A copy of this order shall be served upon all persons who submitted comments in this rulemaking proceeding.
JOHN G. ALFORD,
Secretary
Statement of Chairperson John M. Quain Before us today are two significant rulemakings that, when combined, will delete or rescind 62 obsolete and redundant sections of our regulations and revise another 43 sections. Furthermore, when this Commission again meets on January 11, 1996, we will consider another 58 sections pertaining to Chapters 63, 64 and 56 for possible rescission or revision.
I wish to express my appreciation to all of the staff of the various bureaus, and those public commentors who contributed to this massive undertaking.
Fiscal Note: 57-167. 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
MARKINGS AND POSTING NOTICE § 29.71. Marking of vehicles.
* * * * * (b) [Exception] Exceptions.
(1) Subsection (a) is not applicable to vehicles owned by another carrier which may be used temporarily in situations arising from accident, breakdown or peak demand.
(2) Subsection (a) is not applicable to vehicles operated in luxury limousine service as provided in § 29.333(b) (relating to vehicle and equipment requirements).
* * * * *
CHAPTER 30. MEDALLION PROGRAM
Subchapter F. DRIVER REGULATIONS § 30.75. Driver standards.
* * * * * (f) Discrimination prohibited. A driver may not refuse service to a member of the public on the basis of sex, race, religious preference, nationality, age, point of origin, [or] point of destination, or to a person with a disability. A driver shall, when on duty and not engaged, furnish trip service on demand to an orderly person for lawful purposes.
* * * * * CHAPTER 31. MOTOR CARRIER PROPERTY TRANSPORTATION
GENERAL PROVISIONS
§ 31.13. [Transportation of explosives] (Reserved).
[(a) A common carrier by motor vehicle, contract carrier by motor vehicle and forwarder, when transporting an article or commodity now classified, or which may be classified as dangerous for transportation by motor vehicle under the regulations of the Interstate Commerce Commission for the transportation of explosives and other dangerous articles, shall transport the same as provided by the laws of the Commonwealth and the regulations of the Interstate Commerce Commission not inconsistent with those laws.
(b) Subsection (a) is subject to changes and modifications that the laws of the Commonwealth or the regulations of the Interstate Commerce Commission may provide.]
§ 31.14. [Transportation of unauthorized persons] (Reserved).
[No person, other than employes of the common carrier by motor vehicle, contract carrier by motor vehicle or forwarder, may be transported on a motor vehicle not designed or adapted and used for the transportation of passengers, unless specifically authorized in writing by the carrier. Nothing contained in this section shall be construed to prohibit the carrying of a person in case of an accident or in other emergencies.]
COMMON CARRIERS OF PROPERTY BY MOTOR VEHICLE § 31.32. Equipment.
* * * * * (c) Augmenting equipment. The augmenting of equipment shall conform with the following:
* * * * * (4) Safety inspection of equipment. It shall be the duty of the motor carrier, before taking possession of equipment, to ensure that the equipment has a valid State inspection decal or complies with the periodic inspection requirements set forth in § 37.204(7) (relating to adoption of portions of 49 CFR by reference), or to inspect or to have the equipment inspected by a person who is competent and qualified to make an inspection and who has been authorized by the carrier to make the inspection as a representative of the carrier, to insure that the equipment is in a safe condition to be operated on the highways. The inspection report shall be retained by the motor carrier for [a period of] at least 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 motor carrier. The person making the inspection shall certify the results on a report in the form which follows:
* * * * *
[Pa.B. Doc. No. 96-960. Filed for public inspection June 14, 1996, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
