RULES AND REGULATIONS
DEPARTMENT OF TRANSPORTATION
[ 67 PA. CODE CH. 255 ]
Messenger Services
[42 Pa.B. 6291]
[Saturday, October 6, 2012]The Department of Transportation (Department), under the authority in 75 Pa.C.S. § 6103 (relating to promulgation of rules and regulations by department), amends § 255.4 (relating to bond) and rescinds § 255.7 to read as set forth in Annex A. This rulemaking is being submitted as a final regulation with proposed rulemaking omitted under section 204 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1204), known as the Commonwealth Documents Law (CDL). Insofar as these sections have been superseded by amendments to 75 Pa.C.S. (relating to Vehicle Code), specifically 75 Pa.C.S. § 7502.1(a) (relating to supersession), public notice of the proposed rulemaking is unnecessary, impractical and contrary to the public interest under 204(c) of the CDL.
Purpose of Chapter 255
The purpose of Chapter 255 (relating to messenger services) is to establish the rules regarding the qualifications and duties of messenger services.
Purpose of the Final-Omitted Rulemaking
The purpose of this final-omitted rulemaking is to amend or rescind the parts of Chapter 255 that have been expressly superseded by 75 Pa.C.S. § 7502.1(a). Section 7502.1 of 75 Pa.C.S. provides that Department regulations regarding the amount of a bond, hearings, written warnings, suspensions, revocations and fines do not apply to a messenger service under contract with the Department. As required under 75 Pa.C.S. § 7501 (relating to authorization of messenger and agent services), messenger services are now performed under contract with the Department.
Persons and Entities Affected
This final-omitted rulemaking will not affect persons or entities as the affected sections were expressly superseded by 75 Pa.C.S. § 7502.1(a).
Fiscal Impact
This final-omitted rulemaking will not result in the expenditure of additional funds by the Commonwealth or local municipalities.
Regulatory Review
Under section 5.1(c) of the Regulatory Review Act (71 P. S. § 745.5a(c)), on August 10, 2012, the Department submitted a copy of the final-omitted 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 Transportation Committees. On the same date, the regulations were submitted to the Office of Attorney General for review and approval under the Commonwealth Attorneys Act (71 P. S. §§ 732-101—732-506).
Under section 5.1(j.2) of the Regulatory Review Act, on September 19, 2012, the final-omitted rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on September 20, 2012, and approved the final-omitted rulemaking.
Sunset Provisions
The Department is not establishing a sunset date.
Contact Person
The contact person for this final-omitted rulemaking is Andrew C. Cleaver, Department of Transportation, Bureau of Motor Vehicles, Customer Service Division, 4th Floor, Riverfront Office Center, 1101 South Front Street, Harrisburg, PA 17104, acleaver@pa.gov.
Order
The Department orders that:
(a) The regulations of the Department, 67 Pa. Code Chapter 225, are amended by deleting § 255.7 and by amending § 255.4 to read as set forth in Annex A.
(b) The Secretary of the Department shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval as to legality and form, as required by law.
(c) The Secretary shall certify this order and Annex A and deposit the same with the Legislative Reference Bureau, as required by law.
(d) This order shall take effect upon publication in the Pennsylvania Bulletin.
BARRY J. SCHOCH, P.E.,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 42 Pa.B. 6352 (October 6, 2012).)
Fiscal Note: 18-427. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 67. TRANSPORTATION
PART I. DEPARTMENT OF TRANSPORTATION
Subpart A. VEHICLE CODE PROVISIONS
ARTICLE IX. MISCELLANEOUS PROVISIONS
CHAPTER 255. MESSENGER SERVICES § 255.4. Bond.
(a) General. Messengers shall file and maintain with the Department bonds in the amount as set forth in the Messenger Services Agreement, executed by a surety company authorized by law to transact business within this Commonwealth.
(1) The bond shall be for the use of the Commonwealth and persons who have sustained a monetary loss attributable to the intentional or negligent conduct of the messenger service or its agents or employees, including, but not limited to, losses incurred in negotiating checks or other instruments drawn by the messenger service.
(2) If the amount of the bond is decreased, or if there is a final judgment outstanding on the bond, the messenger service's certificate of authorization shall be suspended until steps are taken, satisfactory to the Department, to do one of the following:
(i) Restore the original amount of the bond.
(ii) Satisfy the judgment.
(b) Substitute. If the bond is terminated or becomes unsatisfactory for any reason, the authorization to operate a messenger service will be suspended or terminated until the messenger service furnishes the Commonwealth with a satisfactory substitute bond in the amount required by the Messenger Services Agreement.
§ 255.7. (Reserved).
[Pa.B. Doc. No. 12-1947. Filed for public inspection October 5, 2012, 9:00 a.m.]
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