§ 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, lease the vehicles, or use vehicles owned or leased by drivers.
(2) The certificateholder shall be responsible for providing and maintaining insurance as required under § 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. If the vehicles are driver owned or leased, those vehicles are exempt from this requirement.
(5) The certificateholder shall ensure that drivers adhere to regular shifts of operation and utilize disciplinary procedures for drivers who fail to adhere to these shifts. If the vehicles are driver owned or leased, those vehicles are exempt from this requirement.
(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. If the vehicles are driver owned or leased, those vehicles are exempt from this requirement.
(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).
Authority The provisions of this § 29.315 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25; and the act of July 13, 2016 (P.L. 664, No. 85).
Source The provisions of this § 29.315 adopted January 23, 1981, effective January 24, 1981, 11 Pa.B. 409; amended April 20, 1984, effective April 21, 1984, 14 Pa.B. 1390; amended August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181; amended January 27, 2017, effective January 28, 2017, expire upon promulgation of final form regulations or on November 4, 2018, whichever is later, as set forth in the act of November 4, 2016 (P.L. 1222, No. 164), 47 Pa.B. 429. Immediately preceding text appears at serial pages (321685) to (321686).
Notes of Decisions In holding that reduction of a fine was out of the Court’s scope of review, the Court noted that the provision requiring a cab owner to keep the vehicle in a safe and orderly condition may now be found at 52 Pa. Code § 29.315(c). Radell v. Pennsylvania Public Utility Commission, 459 A.2d 887 (Pa. Cmwlth. 1983).
Cross References This section cited in 52 Pa. Code § 29.101 (relating to operation of leased equipment); 52 Pa. Code § 29.311 (relating to conditions); and 52 Pa. Code § 29.353 (relating to method of operation in paratransit service).
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