[36 Pa.B. 4181]
[Saturday, August 5, 2006]
[Continued from previous Web Page] (iv) The leasing plan of the certificateholder must conform with § 29.315 (relating to alternative forms of compensation).
Subchapter C. CONTRACT CARRIERS § 29.111. Accounts, records and memoranda.
(a) A contract carrier shall keep complete and accurate accounts, records and memoranda of the movement of traffic, of the receipts and expenditures of money, of revenues and income earned, of expenses incurred, of the cost of property and other assets, of the amounts of debts and obligations, and of every other pertinent matter and thing; and shall preserve the accounts, records and memoranda until the destruction or other disposition of the same is authorized by the Commission.
(b) A contract carrier shall comply with §§ 29.41, 29.44 and 29.101--29.103.
Subchapter D. SUPPLEMENTAL REGULATIONS
SCHEDULED ROUTE SERVICE § 29.301. Conditions.
This section and §§ 29.302--29.305 (relating to scheduled route service) apply to operations in the scheduled route class of common carriage. This section and §§ 29.302--29.305 apply in addition to relevant provisions of Subchapters A, B, E and F, as well as particular provisions contained in each certificate of a carrier.
§ 29.303. Service standards and requirements.
(a) Time schedules. Common carriers providing scheduled route service shall file with the Commission two copies of time schedules applicable to the service at least 10 days prior to the effective date thereof. Printed time schedules and information with respect thereto shall be made available to the public upon a reasonable request.
(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 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 does not apply to that portion of the service that is and will continue to be rendered on headways of 20 minutes or less.
(c) Unexpected demands. Changes in time schedules to meet unexpected changes in traffic demands such as might occur upon changes in shift periods of industrial establishments, changes in school periods, or similar conditions which prevent prior notice of digression will not be construed as being in violation of this section.
(d) Supplementary service. Nothing in this section may be construed to prevent the rendition of additional or supplementary service without prior notice, on any part of a scheduled route, to meet varying traffic demands.
§ 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.state.pa.us. Include the company name and A-# for all complaints.
CALL OR DEMAND SERVICE § 29.311. Conditions.
This section and §§ 29.312--29.316 (relating to call or demand service) 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, B, E and F, as well as particular provisions contained in each certificate of a carrier.
§ 29.313. Service standards and requirements.
(a) Required to provide service. A driver of a call or demand vehicle shall, at all times when on duty and not engaged, furnish trip service on demand to an orderly person for lawful purposes.
(b) Shortest route to be followed. A driver of a call or demand vehicle shall transport passengers to their destinations by the shortest practical route, unless directed by a passenger to take a different route.
(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 certificateholder. The log sheets shall be retained by the certificateholder for at least 2 years. Log sheets may be retained in electronic format. Log sheets, or comparable printouts from an electronic storage device, 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:
(1) The date.
(2) The time he commenced the shift and the time he ended the shift and ceased driving.
(3) The vehicle identification number.
(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.
(5) The number of passengers and the fare collected on each trip, indicating separately each fare collected from each passenger or party of passengers sharing the ride.
(6) Each trip on which packages were delivered and the charge for the trip.
(7) The meter readings at the beginning and end of each shift, if applicable.
(8) The name and number of the driver.
(9) The signature of the driver attesting to the accuracy of the data recorded.
(10) Other information as may be required by this title.
(d) Baggage. No charge may be made by a certificateholder or driver for a hand baggage or hand luggage carried by a fare-paying passenger.
(e) Expressage. The driver may carry packages or parcels when the merchandise is accompanied by a passenger but shall refuse to carry the packages or parcels when the contents cause the vehicle to become stained or evil smelling. Nothing contained in this subsection may be interpreted as permitting the hiring of vehicles for expressage purposes only unless the rights are specifically included in a certificate held by the carrier.
(f) Fare receipts. The driver of a call or demand vehicle shall, if requested, deliver to the person paying for hire of the same, at the time of payment, a correct receipt therefor. Upon this receipt shall be legibly printed or written the name of the carrier, a method of identifying the vehicle and its driver, items for which a charge is made, the total amount paid and the date of payment. A certificateholder shall supply each of its drivers with blank receipts assembled in book form.
§ 29.314. Vehicle and equipment requirements.
(a) Seating capacity. A call or demand service may be operated only in vehicles with seating capacities of eight passengers or less, excluding the driver.
(b) Meters. Meters must conform with the following requirements:
(1) A call or demand vehicle operated within this Commonwealth shall be equipped with a meter.
(2) The meter shall be installed in the front of the vehicle so that, at all times, it is plainly visible to and the fare is readily ascertainable by all occupants of the vehicle. The face of the meter must be properly illuminated at all times.
(3) No meter affixed to a vehicle may be operated from a drive other than the transmission of the vehicle unless some other method is, upon petition, specifically approved by the Commission.
(4) Unless otherwise permitted by the Commission, the meter and meter driving equipment must be sealed so that the meter case, meter driving equipment or additional gear boxes, if any, cannot be disconnected without breaking a seal.
(5) The responsibility for sealing the meter and appurtenant equipment and for maintaining the seals intact while the vehicle is in operation lies with the certificateholder.
(6) It is the responsibility of the certificateholder to cause the meters to be so regulated that the fare is be calculated and registered in accordance with the current tariff rates on file with and approved by the Commission.
(7) The meter must be in operation during the entire time the vehicle is engaged by a passenger, and the passenger shall be required to pay only the amount recorded by the meter except that, when back-mileage or surcharge provisions of the tariff of the carrier apply, the back-mileage charge or surcharge shall be added to the amount recorded by the meter. Each meter charge shall be collected only once regardless of whether the vehicle is being used in exclusive service or in nonexclusive service.
(8) Paragraph (7) does not apply when the filed tariff provides for a flat rate in lieu of a metered charge for transportation beyond a certain mileage point or for a zone-based fare structure. This provision is invalid after January 1, 2007.
(c) Vehicle list. Between December 1 and December 31 of each year, carriers shall provide the Commission with a current list of all vehicles utilized under its call or demand authority. The list must contain the year, make, vehicle identification number and registration number for each vehicle. The list shall be mailed to Director, Bureau of Transportation and Safety, Pennsylvania Public Utility Commission, Post Office Box 3265, Harrisburg, Pennsylvania 17105-3265.
(d) Vehicle age. Unless otherwise permitted by the Commission, a vehicle may not be operated in call and demand service which is more than 8 model years old. For example, the last day on which a 1996 model year vehicle may be operated in taxi service is December 31, 2004. This provision is effective after August 6, 2007.
(e) Dome lights. Unless otherwise permitted by the Commission, vehicles operated by call and demand carriers must have a dome light affixed to the roof of the vehicle. The dome light shall be visible from a distance of 100 feet from the front and rear of the vehicle. The dome light shall be illuminated only when a customer does not occupy the vehicle.
§ 29.315. Alternative forms of compensation.
(a) Certificateholders' plans for alternative forms of compensation for call or demand drivers, as permitted by § 29.101 (relating to operation of leased equipment), must conform with the following conditions:
(1) The certificateholder shall at all times own the vehicles or lease them from a nondriver owner pursuant to equipment leasing procedures authorized by this chapter.
(2) The certificateholder shall be responsible for providing and maintaining insurance as required by § 32.11 (relating to passenger carrier insurance).
(3) The certificateholder shall comply with Subchapters E and F (relating to vehicle equipment and inspection; and driver regulations).
(4) Vehicles shall be kept at specifically designated garages or parking locations when they are not being used in the public service.
(5) The certificateholder shall ensure that drivers adhere to regular shifts of operation and shall utilize disciplinary procedures for drivers who fail to adhere to these shifts.
(6) The certificateholder shall require a stated payment from drivers for use of the vehicles and shall permit drivers to keep all revenues and gratuities in excess of this stated payment.
(7) For those certificateholders utilizing radio dispatching, the vehicles they operate shall be radio-dispatched. The certificateholder shall ensure that drivers answer radio dispatches promptly and utilize disciplinary procedures for drivers who fail to answer radio dispatches.
(8) The certificateholder shall be responsible for daily supervision of drivers and utilize disciplinary procedures for drivers who fail to comply with applicable laws, including this title.
(b) Certificateholders whose plans for alternative forms of driver compensation do not conform with the conditions in subsection (a) shall submit plans to the Commission for review 30 days in advance of a proposed starting date. Review will include but will not necessarily be limited to the factors enumerated in subsection (a).
(c) In all alternative forms of compensation for drivers, whether authorized by this section or by order of the Commission, the certificateholder and driver shall comply with § 29.317 (relating to accounting requirements for alternative forms of compensation for drivers).
§ 29.316. Tariff requirements.
(a) Charges. Every call or demand carrier shall charge according to its tariffs filed, posted and published in accordance with law and this title:
(1) The amount as is calculated and registered on the meter.
(2) When authorized by the tariff, a fixed amount for the trip or the amount shown to be due on the meter plus a surcharge. This provision is invalid after January 1, 2007.
(3) When authorized by the tariff, a charge tabulated according to the zones entered in the course of the trip. This provision is invalid after January 1, 2007.
(b) Zone tariff requirements. If the rates of fare specified in the tariff of the certificateholder are calculated according to the zones entered in the course of the trip: a map of the service territory on which each zone is delineated and in which the cost calculations for trips are described shall be available in the vehicle for the passenger to examine, and a representative of the certi- ficateholder shall be available to quote to the passenger in advance the estimated cost of the particular trip of the passenger. This provision is invalid after January 1, 2007.
(c) Posting of fare rate. Every operator of a call or demand service with fares based on a meter or flat rate shall post the rates of fare in a conspicuous place in each of its vehicles.
(d) Full fare information about alternative services. When a customer requests call or demand service from a certificateholder who offers service under tariffs authorizing both exclusive and nonexclusive services: the dispatcher shall, if requested by the customer, quote to the customer the estimated fare for the trip of the customer as priced under both of these two alternative services, considering the number of people in the traveling group of the customer; and the dispatcher shall explain to the customer, if necessary, the difference in these two types of service.
§ 29.317. Accounting requirements for alternative forms of compensation for drivers.
(a) Revenues.
(1) Metered rates.
(i) Log sheets required to be prepared under § 29.313(c) (relating to service standards and requirements) shall be signed by the lease driver, independent contractor or another designation of a person not an employee-driver of a call or demand certificateholder--lease driver--and turned in to an authorized employee. The employee shall sign and retain a log sheet and attest to the signature of the driver who is responsible as to the accuracy of the revenues reported, which agrees with the information shown on the sealed meter at the end of a shift.
(ii) It is the responsibility of the certificateholder to ensure that appropriate information from the log sheets is properly and correctly recorded under §§ 29.41 and 29.43 (relating to accounts and records; and assessment reports).
(2) Zoned rates and flat rates. The requirements of paragraph (1) except for meter verification are applicable when the fare is based on zones entered in the course of the trip or on flat rates. This provision is invalid after January 1, 2007.
(b) Expenses.
(1) A copy of receipts relative to operating expenses incurred to keep the vehicle in operating condition shall be given to the certificateholder by a lease driver.
(2) It is the responsibility of the certificateholder to insure that reported expenses are properly and correctly recorded in the accounting records required by the Commission at § 29.41.
(c) Reporting. At the end of a calendar year, the certificateholder shall supply a lease driver, upon request, with a statement of operating revenues and operating expenses based on the information supplied as required by subsections (a) and (b). The statement may be provided during the calendar year when appropriate.
§ 29.318. Consumer information.
To provide passengers with the necessary information to file a complaint, taxicabs must display a Commission-issued complaint decal which lists the telephone number and web site to be used to lodge a complaint. The decal shall be posted on the inside of the right rear window of the vehicle, along the bottom edge.
LIMOUSINE SERVICE § 29.331. Conditions.
This section and §§ 29.332--29.335 (relating to limousine service) apply to operations in the limousine class of common carriage. These sections apply in addition to relevant provisions of Subchapters A, B, E and F, as well as a particular provision contained in a certificate of a carrier.
§ 29.332. Method of operation.
Unless otherwise specifically provided in the certificate of public convenience, a common carrier operating limousine service shall have the rights and be subject to the conditions as follows:
(1) To transport persons on an exclusive basis between points as authorized by the certificate, if the order for service is received in advance of the actual rendering of service and not by street hail.
(2) To charge for service based upon use of a limousine with payment made by a single person or organization and not by passengers as individuals.
(3) Direct, in-person solicitation of a passenger by the driver or a representative of the driver or carrier, is prohibited.
§ 29.333. Vehicle and equipment requirements.
(a) Limousine service may be operated only in luxury type vehicles with seating capacities of ten passengers or less, excluding the driver.
(b) Luxury type vehicles are vehicles manufactured or subsequently modified so that they have physical configurations and accessory features that are not considered as being ordinary, standard or commonplace in lower to moderately priced vehicles. Luxury type vehicles are intended to afford patrons a higher level of service and comfort than are ordinarily available in call or demand, paratransit and airport transfer services. To qualify as a luxury type vehicle, a vehicle must have at a minimum: air conditioning, AM/FM stereo radio, deluxe leather or deluxe fabric upholstery, deluxe wheels or wheel covers, four doors and a wheelbase of at least 109 inches. Other amenities which limousine service might afford are CD changer, internet access, reading lights, work desk or table, cellular phone, refrigerator, television, VCR, DVD player, extended wheelbase and privacy dividers.
(c) Section 29.71(a) (relating to marking of vehicles) does not apply to luxury type vehicles engaged in limousine service under this section and §§ 29.331, 29.332, 29.334 and 29.335 (relating to limousine service).
(d) Vehicle list. Between December 1 and December 31 of each year, carriers shall provide the Commission with a current list of all vehicles utilized under its limousine authority. The list must contain the year, make, vehicle identification number and registration number for each vehicle. The list shall be mailed to Director, Bureau of Transportation and Safety, Pennsylvania Public Utility Commission, Post Office Box 3265, Harrisburg, Pennsylvania 17105-3265.
(e) Vehicle age. Unless otherwise permitted by the Commission, a vehicle may not be operated in limousine service which is more than 8 model years old. For example, the last day on which a 1996 model year vehicle may be operated in limousine service is December 31, 2004. This provision is effective August 6, 2007.
§ 29.334. Tariff requirements.
Limousine rates shall be based solely on time, and shall be contained in a tariff filed, posted and published under statute and this title. The use of meters is prohibited. The initial time period and each subsequent increment must be at least 30 minutes.
§ 29.335. Trip sheet requirements.
(a) A driver of a luxury type vehicle engaged in providing limousine service shall have a trip sheet in the vehicle evidencing that the vehicle is in service. The trip sheet must contain the following information:
(1) The date of service.
(2) The name and certificate number of the carrier.
(3) The name of the engaging person or organization.
(4) The service being provided and corresponding rate charged.
(5) The origin and intended destination.
(6) The starting time and length of time for which the vehicle has been reserved.
(b) At the conclusion of the trip, the driver shall record the ending time on the trip sheet.
(c) The trip sheet shall be retained by the certificateholder for a minimum of 1 year. Copies of the documents may be required to be submitted in support of carrier proposed tariff rate increases in addition to other documentation required in § 23.64 (relating to data required in filing increases in operating revenues).
§ 29.336. Consumer information.
To provide passengers with the necessary information to file a complaint, limousine 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 or service contract:
For complaints and information, contact the Pennsylvania Public Utility Commission at 1-800-782-1100 or at www.state.pa.us. Include the company name and A-# for all complaints.
AIRPORT TRANSFER SERVICE § 29.341. Conditions.
This section and §§ 29.342--29.343 (relating to airport transfer service) apply to operation in the airport transfer, airport limousine, class of common carriage. These provisions apply in addition to relevant provisions of Subchapters A, B, E and F, as well as particular provisions contained in a certificate of a carrier.
§ 29.344. Consumer information.
To provide passengers with the necessary information to file a complaint, airport transfer 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.state.pa.us. Include the company name and A-# for all complaints.
OTHER SERVICES: PARATRANSIT, EXPERIMENTAL § 29.351. Conditions.
This section and §§ 29.352--29.355 (relating to other services: paratransit, experimental) apply to operations conducted under certificates granting paratransit or experimental rights. These provisions apply in addition to relevant provisions of Subchapters A, B, E and F, as well as particular provisions contained in a certificate of a carrier.
§ 29.356. Consumer information.
To provide passengers with the necessary information to file a complaint, paratransit and experimental 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.state.pa.us. Include the company name and A-# for all complaints.
Subchapter E. VEHICLE EQUIPMENT AND INSPECTION § 29.401. Applicability.
This subchapter applies to vehicles having a designed seating capacity of 15 passengers or less, including the driver, which are used by common carriers or contract carriers to transport passengers in scheduled route service, call or demand service, group and party service, limousine service, airport transfer service, or paratransit and experimental service defined in § 29.13(6) (relating to scheme of classification).
§ 29.402. Vehicle equipment requirements.
A common carrier or a contract carrier may not permit a vehicle having a seating capacity of 15 passengers or less, including the driver, to be operated unless it complies with the following requirements:
(1) Vehicles must comply with applicable Department of Transportation equipment inspection standards as set forth in 67 Pa. Code Chapter 175 (relating to vehicle equipment and inspection) at all times when the vehicle is being operated.
(2) Vehicles must have door hinges and latches in working order, and doors must operate easily and close securely.
(3) Unless otherwise permitted by the Commission, advertising on vehicles is limited to the exterior roof of the vehicle. Advertising displayed on a vehicle shall be securely fastened and may not obscure the driver's view in any direction.
§ 29.403. Requirements for passenger service operation.
A common carrier or a contract carrier may not permit a vehicle having a designed seating capacity of 15 passengers or less, including the driver, to be operated to transport passengers unless it complies with the following requirements, in addition to those in § 29.402 (relating to vehicle equipment requirements):
(1) Vehicles which are equipped with folding, temporary or removable seats must have hinges, latches, brackets or other hardware associated with the seats in working order.
(2) Vehicles must be in clean and sanitary condition.
(3) Vehicles must have a factory-type heater, capable of producing heat for the accommodation of passengers. The heater must be in working order.
(4) Trunk compartments shall be clean and suitable for carrying passengers' luggage.
(5) Vehicles must have snow tires or all-weather tires on the drive wheels between October 1 and April 1 of the following year.
(6) A vehicle's exterior may not have any dents or gouges larger than 4 inches in diameter or damage that protrudes from the vehicle.
(7) A vehicle must have 4 matching wheel covers, or the equivalent.
(8) A vehicle must have operative air conditioning.
(9) A vehicle's seats must be secure and not be damaged so as to allow springs or other cushioning or support devices to protrude through the seat.
§ 29.404. Unsafe operations forbidden.
A common carrier or contract carrier may not permit or require a driver to operate a vehicle revealed by inspection or operation not to comply with § 29.402 or § 29.403 (relating to vehicle equipment requirements; and requirements for passenger service operation). If a vehicle being operated on a highway is discovered not to comply with § 29.402 or § 29.403, it may be continued in operation to the carrier's nearest terminal, the carrier's place of business or other similar location where repairs can be effected safely; however, this operation may be conducted only if it is less hazardous to the public than permitting the vehicle to remain on the highway.
§ 29.406. Inspection by enforcement officers.
(a) An enforcement officer employed by the Commission is authorized to perform inspections of vehicles to determine compliance with this subchapter under 66 Pa.C.S. §§ 307 and 506 (relating to inspectors for enforcement; and inspection of facilities and records). To perform these inspections, Commission enforcement officers are authorized to stop vehicles in operation. Commission enforcement officers are also authorized to enter upon the premises of the agent or lessee of a common carrier or contract carrier at a reasonable time for the purpose of performing inspections upon vehicles used in regulated operations.
(b) A form designated by the Commission shall be used to record findings from vehicles selected for inspection.
(c) Vehicles in operation which are found upon inspection not to comply with §§ 29.402 and 29.403 (relating to vehicle equipment requirements; requirements for passenger service operations) shall be declared out-of-service by an enforcement officer employed by the Commission and shall be placed out-of-service utilizing the Commission's out-of-service sticker.
(d) A common carrier or contract carrier may not require or permit a person to operate nor may a person operate a vehicle declared and placed out-of-service until repairs required by the Commission have been satisfactorily completed, except as provided in § 29.404 (relating to unsafe operations forbidden).
(e) A person may not remove an out-of-service sticker from a vehicle prior to completion of the repairs required by the Commission.
(f) The person completing the repairs required by the out-of-service notice shall sign the Certificate of Repairman in accordance with the terms prescribed by the Commission, entering the name of the person's shop or garage and the date and time the required repairs were completed. If the vehicle operator completes the required repairs, the operator shall sign and complete the Certification of Repairman.
(g) The carrier's disposition of the form shall be as follows:
(1) The operator of a vehicle receiving the form placing the vehicle out-of-service shall deliver the form to the common carrier or contract carrier operating the vehicle.
(2) Violations or mechanical defects noted on a form shall be corrected. To the extent that vehicle operators are shown not to be in compliance with this chapter, appropriate corrective action shall be taken by the common carrier or contract carrier.
(3) Carriers shall retain a copy of the form at their principal place of business for 1 year from the date of inspection.
Subchapter F. DRIVER REGULATIONS Sec.
29.501. Applicability. 29.502. Current driver's license required. 29.503. Age restrictions. 29.504. Driver history. 29.505. Criminal history. 29.506. Alcohol prohibition. 29.507. Controlled substance prohibition. 29.508. Common or contract carriers operating vehicles with seating capacities of 9 to 15 passengers, including the driver. 29.509. Civil penalties for violations. § 29.501. Applicability.
This subchapter applies to drivers of vehicles having a designed seating capacity of 15 passengers or less, including the driver, which are used by common carriers or contract carriers to transport passengers in scheduled route service, call or demand service, group and party service, limousine service, airport transfer service, or paratransit service and experimental service, as defined in § 29.13 (relating to scheme of classification).
§ 29.502. Current driver's license required.
A common or contract carrier may not permit a person to operate a vehicle in its authorized service unless that person has a current, valid driver's license.
§ 29.503. Age restrictions.
A common or contract carrier may not permit a person to operate a vehicle in its authorized service unless that person is at least 21 years of age.
§ 29.504. Driver history.
(a) A common or contract carrier may not permit a person to operate a vehicle in its authorized service until it has obtained and reviewed a driver history from the appropriate agency of every state in which that person held a motor vehicle operator's license or permit during the preceding 3 years.
(b) Following receipt of the initial driver history report, a common or contract carrier shall, at least once every 12 months from the date of the last report, obtain a driver history for each driver operating under its authority from the appropriate agency of the state in which the driver held an operator's license during the time period. Compliance with this subsection does not relieve a common or contract carrier of the responsibility to ensure its drivers hold a current, valid driver's license.
(c) A copy of the driver history shall be maintained by the common or contract carrier for at least 2 years.
§ 29.505. Criminal history.
(a) Criminal history record required. A common or contract carrier may not permit a person to operate a vehicle in its authorized service until it has obtained and reviewed a criminal history record from the Pennsylvania State Police and every other state in which the person resided for the last 12 months. For current drivers, carriers shall obtain a criminal history record by November 9, 2006.
(b) Frequency of record check. Following receipt of the initial criminal history record, a common or contract carrier shall obtain and review a criminal history record for each driver operating under its authority from the Pennsylvania State Police every 2 years from the date of the last criminal history check.
(c) Disqualification. A common or contract carrier may not permit a person to operate a vehicle in its authorized service when the person was convicted of a felony or a misdemeanor under the laws of the Commonwealth or under the laws of another jurisdiction, to the extent the conviction relates adversely to that person's suitability to provide service safely and legally.
(d) Record retention. A copy of the criminal history shall be maintained by the common or contract carrier for at least 3 years.
§ 29.506. Alcohol prohibition.
A driver may not use alcohol, be under the influence of alcohol, or have any measured alcohol concentration or detected presence of alcohol, while operating a vehicle in passenger service.
§ 29.507. Controlled substance prohibition.
A driver may not use a controlled substance, be under the influence of a controlled substance, or have any measured concentration or detected presence of a controlled substance, while operating a vehicle in passenger service.
§ 29.508. Common or contract carriers operating vehicles with seating capacities of 9 to 15 passengers, including the driver.
(a) A common or contract carrier may not permit a person to drive a vehicle with a seating capacity of 9 to 15 passengers, including the driver, unless the driver complies with the following:
(1) The driver is physically qualified in accordance with 49 CFR 391.41--391.49 (relating to physical qualifications and examinations).
(2) The driver is in compliance with the hours of service provisions of 49 CFR 395.5 and 395.8 (relating to maximum driving time for passenger-carrying vehicles; and driver's record of duty status).
(3) Drivers are exempt from 49 CFR 395.8 if they fall within exemption in 49 CFR 395.1(e). In this circumstance, carriers shall keep time records in accordance with 49 CFR 395.1(e)(5) (relating to scope of rules in this part).
§ 29.509. Civil penalties for violations.
A complaint may be initiated against the carrier for violations of this subchapter.
CHAPTER 31. MOTOR CARRIER PROPERTY AND HOUSEHOLD GOODS TRANSPORTATION
GENERAL PROVISIONS § 31.4. Transfer of certificates and permits.
(a) A 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.
(b) Certificates issued to motor common carriers of property are nontransferable, except as provided in subsections (c)--(e).
(c) Upon the death of an individual holder of a certificate or permit or upon an individual certificateholder being legally declared incapacitated, the rights conferred by the certificate or permit shall continue with the legal representative of the deceased or incapacitated holder for 1 year. After the expiration of the 1 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, legatee or others, in which case the rights shall continue with the legal representative until the application is granted or refused. If application is made by the legal representative at least 30 days prior to the end of the period of 1 year, the Commission may, for cause shown, permit the transfer of rights to the executors, administrators, guardians, trustees or other legal representatives of the deceased or incompetent 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 incapacitated person may be deemed cause for the granting of the application by the Commission.
(d) If the individual holder of a certificate of permit dies or is legally declared incompetent and an application is made to transfer the rights granted under the certificate to his legal representative or if the certificateholder is a copartnership and the application for transfer is in effect to change one or more of the partners, the Commission may dispose of the application without a hearing.
(e) If a trustee, receiver, assignee, custodian or similar officer is appointed by a court of competent jurisdiction or is selected by creditors in accordance with provisions of law, with authority to take or retain possession and to operate the property and business of a certificateholder, the officer shall have authority to perform the service authorized in the certificates of the debtor carrier for 90 days from his appointment or selection. The officer may petition the Commission for authority to conduct the operations for an additional period of time, and the Commission may, for good cause shown, grant the authority. If the petition is filed within 90 days of the appointment or selection of the petitioner, the petitioner shall have the authority to continue operations pending decision by the Commission on the petition. Pertinent orders or decrees of the court having jurisdiction may be deemed a basis for action on the petitions by the Commission.
§ 31.11. Reports of accidents and damage.
(a) Accidents involving death of a person. Motor carriers of property and household goods 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) Other accidents. For accidents resulting in the filing of a police report, the carrier shall maintain a copy of that report for 1 year from the date of the accident.
COMMON CARRIERS OF PROPERTY AND HOUSEHOLD GOODS IN USE § 31.32. Equipment leasing.
(a) Applicability. This section applies to the leasing of equipment by motor carriers engaged in transporting property and household goods by motor vehicle between points in this Commonwealth.
(b) Definitions. The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise:
Authorized employee or agent--A person authorized to act for and on behalf of a motor carrier or owner of equipment and subject to the supervision, direction and control of the motor carrier in whose service he is acting.
Equipment--A motor vehicle, straight truck, tractor, semitrailer, full trailer, combination tractor-and-semitrailer, combination straight truck and full trailer and other types of equipment used in the transportation of property for-hire.
Motor carrier--A person or corporation authorized to engage in the transportation of property or household goods as a common or contract carrier by motor vehicle under 66 Pa.C.S. § 1101--3315 (relating to Public Utility Code).
(c) Leasing equipment. Equipment leasing by a motor carrier must conform with the following:
(1) General. A motor vehicle may not be operated between points in this Commonwealth in intraState commerce by a motor carrier, unless the vehicle is either owned by the motor carrier or is leased to the motor carrier under the conditions in paragraphs (2)--(4).
(2) Contract requirements. A contract is subject to the following:
(i) Parties. The contract, lease or other arrangement for the use of equipment shall be between the motor carrier and the owner of equipment.
(ii) Written. The agreement must be in writing and signed by the parties thereto or their drivers, employees or agents authorized in writing.
(iii) Exclusive possession, control and responsibility.
(A) Lease. A lease shall provide for and be carried out so that the possession, control and use of the equipment is the complete and exclusive responsibility of the lessee for the full term of the lease, except during the period provided for in clauses (B).
(B) Sublease. The lease agreement may contain a provision permitting the lessee to sublease equipment to other motor carriers for a period not exceeding the duration thereof, if the sublessee assumes full responsibility in the manner set forth in clause (A).
(iv) Compensation. The lease agreement must specify the amount of compensation to be paid by the lessee for the rental of the leased equipment.
(v) Duration. The lease agreement must specify the time and date or the circumstances on which the contract, lease or other arrangement begins and the time or the circumstances on which it ends.
(vi) Documentation. A lease shall be executed in triplicate. The original shall be retained by the motor carrier in whose service the equipment is to be operated, one copy shall be retained by the owner of the equipment and one copy shall be carried on the equipment specified therein during the entire period of the contract, lease or other arrangement, unless a certificate is carried on the equipment in lieu thereof, certifying that the equipment is being operated by lessee, the name of the owner, the date of the lease, contract or other arrangement, the period thereof and the location where the original of the lease, contract or other arrangement is retained by the motor carrier. The certificateholder shall retain leases for 2 years following their expiration date.
(3) Safety inspection of equipment. It is 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 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 ensure that the equipment is in a safe condition to be operated on the highways. The person making the inspection shall certify the results thereof, which certification shall be retained by the motor carrier for 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.
(d) Leasing equipment to shippers. A motor carrier is prohibited from leasing equipment with or without drivers to shippers or private carriers.
§ 31.33. Identification of equipment.
(a) Every motor vehicle operated by a motor carrier shall be marked on each side, in letters at least 2 inches in height, and at least 1/2 inch in width, the name and address of the motor carrier and the number of the certificate of public convenience or permit as follows: ''PA. P.U.C. NO. A ______ . '' If the vehicle is owned by someone other than the motor carrier operating it, there shall be shown on each side of the vehicle, in letters at least 2 inches in height and at least 1/2 inch in width, the wording: ''OPERATED BY (name and address of authorized motor carrier), PA. P.U.C. NO. A ______ .'' If a removable device is used to identify the operating carrier as lessee, the device shall be of durable material and securely affixed, to the vehicle operated, throughout the duration of the lease.
(b) Upon relinquishing possession of the equipment, the motor carrier operating the leased vehicle under this section shall remove the legend or removable device displayed on the vehicle showing it to be the operating carrier.
(c) In the event that the certificate of a common carrier or permit of a contract carrier is canceled or revoked by the Commission or when a motor vehicle is permanently removed from service, the carrier shall immediately cause the certificate or permit number to be removed from its vehicle.
TRANSPORTATION OF
HOUSEHOLD GOODS IN USE§ 31.121. Information for shippers.
(a) When a prospective shipper requests moving service and before an order for service is prepared, the household goods carrier shall furnish the prospective shipper with the following Commission supplied form entitled ''Information for Shippers:''
INFORMATION FOR SHIPPERS ESTIMATE
The carrier must give you a written estimate 48 hours prior to the move, unless the shipper agrees, in writing, to a shorter period. The estimate will approximate the amount he believes it will cost you to move your household furnishings. It is important that you inform the estimator of everything you intend to move. The actual charges may be more or less than the estimate.
RATES
If the move is 40 miles or less, the charge will be based on an hourly rate. If the move is over 40 miles, the charge will be based on weight and mileage. You will be required to pay any increase in charges resulting from changes to the carrier's rates between the time of the estimate and the actual move.
INVENTORY
The carrier must complete a detailed inventory listing all items to be moved and their condition. You may waive this requirement, in writing, for moves 40 miles or less. All items must be given an identification number. The inventory must be completed before loading. You should observe and verify the inventory, noting the condition of all items. The carrier must provide you with a copy of the completed inventory before loading and it must be signed by you and the carrier. Upon delivery, you should verify all items in the inventory were delivered and their condition. You should note on the inventory any missing or damaged items. Retain your copy of the inventory until all disputes are settled.
BILL/RECEIPT
The carrier must give you a bill/receipt for the move within 15 days after the delivery date. The bill/receipt must detail all charges for the move. It must also contain copies of the Inventory and the Estimated Cost of Services.
PAYMENT
You will be required to pay the mover's tariff charges. If the mover has not informed you prior to delivery that he will extend credit, the mover will expect you to make payment of the charges at time of delivery in cash, cashier's check or certified check.
If the actual charges do not exceed the estimate by more than 10 percent, you must pay all of the actual charges prior to the mover unloading your goods. If the total actual charges exceed the estimate by more than 10 percent, the mover is required to deliver the full and complete shipment upon payment of the estimated charges plus an additional $25, or 10 percent of the estimate, whichever is greater. You may defer paying the balance for 15 days after delivery.
LOSS AND DAMAGE COVERAGE
If you sustain a loss or damage to your goods, you are protected only up to but not exceeding 60 cents per pound, per article. If you desire protection greater than 60 cents per pound, per article, you may secure increased coverage by paying a higher tariff rate applicable to the coverage you desire. You may also protect yourself to the full valuation of your goods by taking out a policy of transit insurance with an insurance agent.
PROOF OF DAMAGE/RECEIPT
Upon completion of the delivery, the driver will ask you to sign the delivery receipt. Do not sign any delivery papers until delivery is completed. Before signing, be sure all damage and any lost articles are noted on the receipt or inventory. If the driver will not make such notations, make them yourself before signing. Remember, telling the driver about these things is not enough. Do not sign the delivery receipt if it contains language purporting to release or discharge the carrier from liability otherwise required by agreement or law. Strike this language out before signing or refuse delivery if the mover refuses to provide a proper delivery receipt.
COMPLAINTS
For complaints and information, contact the PA Public Utility Commission at 1-800-782-1100 or at www.state. pa.us. Include the company name and A-# for all complaints.
I hereby certify that a copy of above Information for Shippers was furnished on
DATE ______ TIME ______ (THIS FORM, AND THE ESTIMATE, MUST BE PROVIDED TO THE SHIPPER, IN WRITING, AT LEAST 48 HOURS BEFORE THE MOVE, UNLESS THE SHIPPER AGREES, IN WRITING, TO A SHORTER NOTICE PERIOD.)
Name of Shipper
__________
SIGNATURE OF SHIPPERSignature of Carrier Representative
(b) The carrier shall retain an executed copy of this certification with shipping order for 2 years from the date of the move.
(c) The carrier shall provide the form to the shipper at least 48 hours prior to the move, unless the shipper agrees, in writing, to a shorter notice period.
§ 31.122. Estimated cost of services.
(a) A household goods carrier shall prepare an estimated cost of services for the proposed service, on a form. The form shall be supplied to the shipper at least 48 hours prior to the move, unless the shipper agrees, in writing, to a shorter notice period. The estimate must contain the following information:
(1) Unless otherwise permitted by the Commission, across the top of each form there shall be imprinted in letters at least 1/2 inch high the words ''Estimated Cost of Services.''
(2) The names and addresses of the carrier and shipper.
(3) The origin and destination of the shipment.
(4) The date of the estimate and the date of the proposed move.
(5) A certification that the shipper accepts or rejects the minimum coverage limits for loss or damage.
(6) The applicable rates for handling, packing, container use, vehicles, labor, weight and distance, and excess loss/damage coverage above the minimum.
(7) Notification to the shipper that the shipper will be required to pay any increase in charges resulting from changes to the carrier's tariff between the time of the estimate and the actual move.
(8) The signature of the carrier representative and the shipper, including the date and time the estimate was provided.
(b) The carrier shall maintain a copy of the estimated cost of services for 2 years from the date of the move.
§ 31.123. Delivery when charges exceed estimates.
If actual charges exceed the amount shown in the carrier's estimate, the carrier, upon request of the shipper or the shipper's representative, shall relinquish possession of the complete shipment at destination upon payment of the estimated amount plus 10% over the estimate or $25, whichever is greater. The carrier shall defer demand for the remainder of the tariff charges for 15 days following delivery.
§ 31.124. Report of underestimates.
(a) A motor common carrier of household goods in use shall file with the Pennsylvania Public Utility Commission, Bureau of Transportation and Safety, Harrisburg, Pennsylvania, 17105-3265, a quarterly report containing instances during the period wherein charges exceeded the estimate by more than 10% with the explanation of the reasons for the variances. The report shall be filed within 30 days after the end of the quarter reported. The carrier shall retain the report for 2 years after the date of filing.
(b) Content. The report must contain the carrier's name, address and certificate number. The report must also contain the total number of shipments made for the quarter, the total number of reportable underestimates and the reasons for the underestimates.
§ 31.125. Obtaining weight tickets.
The carrier shall cause every shipment of household goods in use for distances over 40 miles to be weighed by a public weighmaster. Weight tickets evidencing gross and tare weights shall be obtained from the public weighmaster, which the driver shall identify by recording thereon the bill of lading number of the shipment. True copies of the weight tickets shall be attached to the receipt or bill of lading accompanying the shipment and retained in the carrier's file. True copies of the weight tickets shall also be furnished to the shipper upon request. Under circumstances when a public weighmaster is not available to the mover at origin or at a point within a radius of 10 miles thereof, a constructive weight based on 7 pounds per cubic foot of properly loaded van space may be used. When constructive weight is used, the mover shall designate same on the bill of lading. Weight tickets shall be maintained by the carrier for 2 years from the date of the move.
§ 31.127. Failure to comply with provisions.
A common carrier by motor vehicle engaged in transporting household goods shall comply with this chapter, and failure to comply may subject the carrier to the penalties provided under 66 Pa.C.S. §§ 3301--3316 (relating to violations and penalties). Whenever circumstances are present which in the opinion of the Commission indicate that a common carrier of household goods is persistently in violation of this chapter or 66 Pa.C.S. (relating to public utility code), the Commission may institute appropriate enforcement action.
§ 31.130. (Reserved).
§ 31.131. Notification to shipper of charges.
Whenever the shipper specifically requests notification of the actual weight and charges on a shipment, and supplies the carrier with an address or telephone number, the carrier shall comply with the request immediately upon determining the actual weight and charges. The notification shall be made by telephone, first-class mail, fax, e-mail, or in person at the carrier's expense unless the carrier provides in its tariff that the actual cost of the notification shall be collected from the shipper.
§ 31.132. Bill of lading.
(a) A household goods carrier shall issue a bill of lading (receipt) for each shipment. The bill of lading must contain the following information:
(1) The name, address and telephone number of the carrier.
(2) The carrier's certificate number.
(3) The name and address of the shipper.
(4) The date of the shipment.
(5) The origin and destination of the shipment.
(6) A detailed account of the charges and applicable rates.
(7) A total of the charges due and acceptable methods of payment.
(b) The carrier shall present the bill of lading to the shipper within 15 days of the delivery date.
(c) The carrier shall attach a copy of the estimated cost of services and inventory to the bill of lading.
(d) A copy of the bill of lading must accompany the shipment at all times.
(e) Carriers shall retain a copy of the bill of lading for 2 years from the date of the move.
(f) The bill of lading may not contain any language purporting to release or discharge the carrier from liability for damage otherwise required by agreement or law. The bill of lading may include a statement that the property was received in apparent good condition except as noted on the inventory.
§ 31.133. Inventory.
(a) A household goods carrier shall prepare a written, itemized inventory for each shipment. The inventory shall identify every carton and every uncartoned item shipped. An identification number corresponding to the inventory shall be placed on each article in the shipment.
(b) The inventory shall be prepared before the shipment is loaded for transportation.
(c) The shipper shall be provided the opportunity to observe and verify the accuracy of the inventory.
(d) The carrier shall provide a copy of the inventory, signed by both the shipper and carrier, to the shipper prior to loading.
(e) Upon delivery, a carrier shall provide the shipper with the opportunity to observe and verify that the same articles are being delivered and the condition of the articles. A carrier shall also provide the shipper the opportunity to note, in writing, any missing articles and the condition of any damaged articles. The carrier shall provide the shipper with a copy of all notations.
(f) For moves of 40 miles or less, a shipper may waive the inventory requirement, in writing.
(G) The carrier shall retain an inventory, or waiver thereof, for 2 years from the date of the shipment.
§ 31.134. Criminal history.
(a) Criminal history record required. A household goods carrier may not permit a person to provide moving services in a shipper's dwelling until it has obtained and reviewed a criminal history record from the Pennsylvania State Police and from every other state in which the person resided for the last 12 months. For current employees, carriers must obtain a criminal history record by November 9, 2006.
(b) Frequency of record check. Following receipt of the initial criminal history record, a household goods carrier shall obtain and review a criminal history record for each employee providing moving services from the Pennsylvania State Police every 2 years from the date of the last criminal history check.
(c) Disqualification. A household goods carrier may not permit a person to provide moving services in a shipper's dwelling when the person was convicted of a felony or a misdemeanor under the laws of the Commonwealth or under the laws of another jurisdiction, to the extent the conviction relates adversely to that person's suitability to provide service safely and legally.
(d) Record retention. A copy of the criminal history shall be maintained by the household goods carrier for at least 3 years.
[Pa.B. Doc. No. 06-1493. Filed for public inspection August 4, 2006, 9:00 a.m.]
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