PROPOSED RULEMAKING
PENNSYLVANIA PUBLIC UTILITY COMMISSION
[ 52 PA. CODE CH. 29 ]
[ L-2017-2600599 ]
Motor Carrier Age Requirement
[47 Pa.B. 7235]
[Saturday, November 25, 2017]The Pennsylvania Public Utility Commission, on July 12, 2017, adopted a proposed rulemaking order to amend § 29.503 (relating to age restrictions) for consistency with Department of Health regulations by reducing the minimum age requirement for paratransit drivers from 21 years of age to 18 years of age in limited circumstances.
Executive Summary
The Pennsylvania Public Utility Commission's current regulations require that drivers of paratransit vehicles be at least 21 years old. The Department of Health oversees emergency medical transportation and allows drivers 18 years and older to operate ambulances, if the drivers have proper training and certification. Many ambulance companies also operate paratransit service and cannot utilize the under 21 year-old ambulance driver in their paratransit service. This has caused operation and hiring problems for these companies. The Pennsylvania Public Utility Commission has granted several waivers with respect to the 21 year age requirement to paratransit operators so that ambulance drivers under 21 may also operate paratransit vehicles. 66 Pa.C.S. § 501. This proposed rulemaking reduces the minimum age requirement for paratransit drivers to 18 years of age under limited circumstances.
Public Meeting held
July 12, 2017Commissioners Present: Gladys M. Brown, Chairperson; Andrew G. Place, Vice Chairperson; John F. Coleman, Jr.; Robert F. Powelson; David W. Sweet
Motor Carrier Age Requirement, 52 Pa. Code Chapter 29; L-2017-2600599
Proposed Rulemaking Order By the Commission:
The Pennsylvania Public Utility Commission (Commission) proposes to amend its regulation governing the minimum driver-age requirement. See 52 Pa. Code § 29.503 Specifically, the Commission proposes to update Section 29.503, consistent with Department of Health (DOH) regulations, by reducing the minimum age requirement for paratransit drivers in limited circum- stances. The Commission seeks comments from all interested parties on this proposed regulation, following as Annex A to this Order.
The Commission's regulations currently require, inter alia, that paratransit drivers meet a minimum age requirement. Specifically, the relevant Commission regulation provides:
52 Pa. Code § 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.In its Order promulgating this regulation, the Commission opined that the age requirement would help to ensure the quality and safety of public utility service in Pennsylvania. 36 Pa.B. 4181 (August 5, 2006). Although the Commission recognizes that age alone may not be the sole determinant of a driver's ability, the age requirement addressed a statistically documented increase in accidents involving drivers under the age of 21.
Many organizations that provide non-emergency para- transit service also provide emergency medical transportation. The Commission has certificated 506 paratransit carriers, of which at least 155 are ambulance companies. Pursuant to DOH regulations, a driver of an ambulance must only be 18 years of age or older and must successfully complete an emergency vehicle operator's course of instruction approved by the DOH. See 28 Pa. Code § 1023.22.
Notwithstanding that drivers ages 18 and over, properly trained and vetted, are permitted to operate ambulances under the DOH's regulations, Section 29.503 effectively prevents those ambulance drivers under 21 from operating non-emergency paratransit vehicles.1 This creates a conflict within those organizations, since the Commission's existing age requirement is causing dual-service companies to lose qualified potential employees who are under 21-years old. The inconsistency between the Commission's age requirements for paratransit drivers and the DOH's age requirements for ambulance drivers puts the dual-service companies in a cumbersome position in terms of hiring. These companies generally prefer to have younger, less experienced drivers start in paratransit service before they move up to the more demanding work of driving an ambulance. However, under the current regulatory scenario, drivers under 21 years of age are prohibited from providing paratransit service and are limited to providing ambulance service. While dual-service companies can petition the Commission for a waiver of the driver-age requirement, that process requires a significant investment of time and money on the part of the company and the Commission.2
In order to alleviate the negative impact of the Commission's paratransit driver age restrictions on dual-service companies and the need for the companies to petition for waiver of those restrictions, the Commission believes that its regulations should be modified to be consistent with the DOH regulations. As such, the Commission proposes adding a limited exception to the age requirement for paratransit drivers. If a driver is under 21 years of age, the driver will be eligible to operate a non-emergency paratransit vehicle if the DOH has certified the driver to operate an emergency medical services vehicle (EMSV) pursuant to the DOH's regulations at 28 Pa. Code Chapter 1023, Subchapter B. Drivers under the age of 21 will be required to carry their EMSV operator's certificate issued by the DOH on board. In addition to complying with the DOH's EMSV operator's certification requirements, a paratransit vehicle driver will have to comply with all other Commission regulations for paratransit drivers. Finally, the carriers themselves will be required to (1) maintain records to prove driver certification, and (2) notify the Commission of any accident involving a paratransit vehicle driver under the age of 21.
This proposal will benefit the public by increasing the pool of potential paratransit drivers while at the same time ensuring that common and contract carriers provide safe and reliable paratransit service throughout the Commonwealth.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P.S. § 745.5(a)), on November 8, 2017, 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 Consumer Affairs Committee and the Senate Consumer Protection and Professional Licensure Committee. 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 must specify the regulatory review criteria in section 5.2 of the Regulatory Review Act (71 P.S. § 745.5b) 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.
Order
Accordingly, under sections 501, 1501 and 2502 of the Public Utility Code (66 Pa.C.S. §§ 501, 1501 and 2502); sections 201 and 202 of the act of July 31, 1968 (P.L. 769, No. 240) (45 P.S. §§ 1201 and 1202), and the regulations promulgated thereunder at 1 Pa. Code §§ 7.1, 7.2 and 7.5; section 204(b) of the Commonwealth Attorneys Act (71 P.S. § 732.204(b)); section 5 of the Regulatory Review Act (71 P.S. § 745.5); and section 612 of The Administrative Code of 1929 (71 P.S. § 232), and the regulations promulgated thereunder at 4 Pa. Code §§ 7.231—7.234, we propose adopting the regulations set forth in Annex A; Therefore,
It Is Ordered That:
1. A proposed rulemaking be opened to consider the regulations set forth in Annex A.
2. The Law Bureau shall submit this proposed rulemaking order and Annex A to the Office of Attorney General for review as to form and legality and to the Governor's Budget Office for review of fiscal impact.
3. The Law Bureau shall submit this proposed rulemaking order and Annex A for review and comments to the Independent Regulatory Review Commission and the Legislative Standing Committees.
4. The Law Bureau shall deposit this proposed rulemaking order and Annex A and deposit them with the Legislative Reference Bureau to be published in the Pennsylvania Bulletin.
5. Original written comments referencing Docket Number L-2017-2600599 be submitted within 30 days of publication in the Pennsylvania Bulletin to the Pennsylvania Public Utility Commission, Attn: Secretary, Commonwealth Keystone Building, 2nd Floor 400 North Street, Harrisburg, PA 17120.
6. A copy of this proposed rulemaking order and Annex A shall be served on the Commission's Bureau of Investigation and Enforcement, the Office of Consumer Advocate, the Office of Small Business Advocate, the Ambulance Association of Pennsylvania, and the Pennsylvania Taxi and Paratransit Association.
7. The contact person for legal matters on this proposed rulemaking is Joseph P. Cardinale, Jr., Assistant Counsel, Law Bureau, (717) 787-5558. Alternate formats of this document are available to persons with disabilities and may be obtained by contacting Alyson Zerbe, Regulatory Review Coordinator, Law Bureau, (717) 772-4597.
ROSEMARY CHIAVETTA,
SecretaryFiscal Note: 57-317. 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 F. DRIVER REGULATIONS § 29.503. Age restrictions.
[A] (a) Except as provided in subsection (b), 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.
(b) A common or contract carrier providing paratransit service may permit a person to operate a paratransit vehicle in its authorized service if that person is at least 18 years of age. All of the following conditions shall be met:
(1) The person shall be certified as an emergency medical services vehicle operator (EMSVO) by the Department of Health (Department) after meeting the requirements under 35 Pa.C.S. § 8122 (relating to emergency medical services vehicle operators) and 28 Pa. Code §§ 1023.21—1023.34 (relating to EMS providers and vehicle operators).
(2) The person shall carry the Department-issued EMSVO certification on board while operating a paratransit vehicle.
(3) The carrier shall comply with all applicable Department regulations and maintain records for 4 years to prove each person's EMSVO certification. The records must be available for inspection by Commission staff upon request.
(4) The carrier shall immediately notify the Commission's Bureau of Technical Utility Services of an accident involving a paratransit driver who is under 21 years of age, regardless of the severity of the accident.
[Pa.B. Doc. No. 17-1944. Filed for public inspection November 22, 2017, 9:00 a.m.]
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