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PA Bulletin, Doc. No. 18-218




[ 52 PA. CODE CH. 41 ]

[ M-2017-2629722 ]

Motor Common Carrier Applications

[48 Pa.B. 882]
[Saturday, February 10, 2018]

 The Pennsylvania Public Utility Commission (Commission), on December 7, 2017, adopted a final policy statement regarding the evidentiary criteria used to evaluate motor carrier applications to reflect the elimination of the public need component in applications for motor carrier authority.

Public Meeting held
December 7, 2017

Commissioners Present: Gladys M. Brown, Chairperson; Andrew G. Place, Vice Chairperson; Norman J. Kennard; David W. Sweet; John F. Coleman, Jr.

Policy Statement Revision of 52 Pa. Code § 41.14; M-2017-2629722

Final Policy Statement

By the Commission:

 On October 27, 2016, the Commission entered a Final Rulemaking Order wherein the Commission, inter alia, eliminated the requirement that an applicant for common carrier authority establish that approval of the application will serve a useful public purpose, responsive to public demand or need. Final Rulemaking Amending 52 Pa. Code Chapters 1, 3, 5, 23 and 29, Docket No. L-2015-2507592 (Order entered October 27, 2016).1 In that Order, we found that public need for a particular service was best determined by a competitive market for qualified applicants.

 Consistent with this regulatory change, we will now modify our existing policy statement regarding the evidentiary criteria used to evaluate motor carrier applications at 52 Pa. Code § 41.14 to reflect the elimination of the public need component in applications for motor carrier authority.

 Specifically, we will eliminate subsections (a), (c), and (d) of the policy statement at 52 Pa. Code § 41.14(a), (c), and (d). Subsection (a) should be deleted because it refers to the applicant's burden of demonstrating that there is public demand for the proposed service. As applicants for a certificate no longer need to prove demand to obtain a certificate to operate as a motor common carrier, the Commission will delete this subsection from the policy statement.

 Also, subsection (c) should be deleted because that provision provides that the Commission will grant motor common carrier authority commensurate with the demonstrated public need unless the entry of the new carrier would endanger or impair existing common carrier operations. As this is no longer a valid criterion for considering motor common carrier authority under our regulations, this provision is properly deleted from our policy statement.

 Finally, subsection (d) provides for an exclusion to the traditional ''need'' requirements of subsections (a) and (c) for applicants for limousine authority. Since subsections (a) and (c) are no longer applicable evidentiary criteria for any common carrier applicants, this provision should also be eliminated.

 Accordingly, pursuant to 66 Pa.C.S. §§ 501, 505, 506, and 512, we will adopt as final, the revisions to Section 41.14 as set forth in Annex A; Therefore,

It Is Ordered That:

 1. The Commission amends the final policy statement in § 41.14 to read as set forth in Annex A.

 2. The Law Bureau shall submit this Order and Annex A to the Governor's Budget Office for review of fiscal impact.

 3. The Law Bureau shall deposit this order and Annex A with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 4. This policy statement shall become effective upon publication in the Pennsylvania Bulletin.

 5. This Final Order and Annex A be posted on the Commission's website.

 6. The contact person 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.


Fiscal Note: 57-318. No fiscal impact; (8) recommends adoption.

Annex A






§ 41.14. Evidentiary criteria used to decide motor common carrier applications—statement of policy.

 An applicant seeking motor common carrier authority has the burden of demonstrating that it possesses the technical and financial ability to provide the proposed service. In addition, authority may be withheld if the record demonstrates that the applicant lacks a propensity to operate safely and legally. In evaluating whether a motor carrier applicant can satisfy these fitness standards, the Commission will ordinarily examine the following factors, when applicable:

 (1) Whether an applicant has sufficient capital, equipment, facilities and other resources necessary to serve the territory requested.

 (2) Whether an applicant and its employees have sufficient technical expertise and experience to serve the territory requested.

 (3) Whether an applicant has or is able to secure sufficient and continuous insurance coverage for all vehicles to be used or useful in the provision of service to the public.

 (4) Whether the applicant has an appropriate plan to comply with the Commission's driver and vehicle safety regulations and service standards in Chapter 29 (relating to motor carriers of passengers).

 (5) An applicant's record, if any, of compliance with 66 Pa.C.S. (relating to Public Utility Code), this title and the Commission's orders.

 (6) Whether an applicant or its drivers have been convicted of a felony or crime of moral turpitude and remains subject to supervision by a court or correctional institution.

[Pa.B. Doc. No. 18-218. Filed for public inspection February 9, 2018, 9:00 a.m.]

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