Subchapter B. COMMON CARRIERS
PRELIMINARY PROVISIONS Sec.
29.11. Applicability.
29.12. Compliance.
29.13. Scheme of classification.
29.14. [Reserved].
29.15. [Reserved].
29.16. [Reserved].
29.17. [Reserved].
29.21. [Reserved].
29.22. [Reserved].
29.23. [Reserved].
29.24. [Reserved].
29.25. [Reserved].
29.26. [Reserved].
29.27. [Reserved].
TRANSFER OF RIGHTS
29.31. Sale or transfer of certificates.
29.32. Death or incapacitation of a certificateholder.
29.33. [Reserved].
29.34. Authority of successors by law.
29.35. Limitations.
ACCOUNTS, RECORDS AND REPORTS
29.41. Accounts and records.
29.42. [Reserved].
29.43. Assessment reports.
29.44. Accident reports.
29.51. [Reserved].
29.52. [Reserved].
29.53. [Reserved].
29.54. [Reserved].
CONTINUITY OF SERVICE
29.61. Commencement of service.
29.62. Interruptions of service.
MARKINGS AND POSTING NOTICE
29.71. Marking of vehicles.
29.72. Removal of markings.
29.73. [Reserved].
29.81. [Reserved].
MISCELLANEOUS PROVISIONS
29.101. Operation of leased equipment.
29.102. Transportation of blind or deaf persons with dog guides.
29.103. Simulating color or design.
29.104. [Reserved].
29.105. Employee commuter van pooling.
29.106. [Reserved].
Cross References This subchapter cited in 52 Pa. Code § 29.301 (relating to conditions); 52 Pa. Code § 29.311 (relating to conditions); 52 Pa. Code § 29.321 (relating to conditions); 52 Pa. Code § 29.331 (relating to conditions); 52 Pa. Code § 29.341 (relating to conditions); and 52 Pa. Code § 29.351 (relating to conditions).
PRELIMINARY PROVISIONS
§ 29.11. Applicability.
This subchapter applies to common carriers and is subject to amendment, change, modification or exception as the Commission may deem advisable, just and proper.
Authority The provisions of this § 29.11 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.
Source The provisions of this § 29.11 adopted April 15, 1946; amended through February 21, 1966; amended August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181. Immediately preceding text appears at serial pages (218729) to (218730).
§ 29.12. Compliance.
Common carriers shall comply with applicable provisions of 66 Pa.C.S. § § 101—3515 (relating to Public Utility Code) not specifically referred to in this chapter. Failure of a carrier to comply with this chapter, the terms and conditions of the certificates of public convenience and a Commonwealth or municipal law, ordinance, franchise or regulation governing the operation of motor vehicles, is sufficient cause for the Commission to suspend the right and privilege of the carrier, and to proceed according to statute to revoke and rescind the carrier’s rights and privileges.
Source The provisions of this § 29.12 adopted April 15, 1946; amended through February 21, 1966.
§ 29.13. Scheme of classification.
The following standard classification of types of service furnished by common carriers of passengers is adopted, and the following is hereby recognized as a standard class of common carrier service. The rights and conditions pertaining to a standard class of service are specified in Subchapter D (relating to supplemental regulations). A certificated service which does not completely correspond to a standard class may be governed, when practicable, by the regulations for the standard class to which it most nearly corresponds:
(1) Scheduled route service. Common carrier service for passengers, rendered on either an exclusive or a nonexclusive basis, wherein the vehicles delivering the service operate according to schedules along designated routes.
(2) Call or demand service. Local common carrier service for passengers, rendered on either an exclusive or a nonexclusive basis, when the service is characterized by the fact that passengers normally hire the vehicle and its driver either by telephone call or by hail, or both.
(3) Group and party service. Common carrier service for passengers, rendered on an exclusive basis as charter service for groups or rendered on a nonexclusive basis for tour or sightseeing service and special excursion service. There are 2 classes of group and party service, group and party carriers of 11 to 15 passengers, including the driver, and group and party carriers of more than 15 passengers, including the driver.
(4) Limousine service. Local, nonscheduled common carrier service for passengers rendered in luxury-type vehicles on an exclusive basis which is arranged for in advance.
(5) Airport transfer service. Common carrier service for passengers rendered on a nonexclusive basis which originates or terminates at an airport.
(6) Other services: paratransit, experimental. Common carrier service for passengers which differs from service as described in any one of the five classes in paragraphs (1)—(5) and is provided in a manner described in the certificate of public convenience of the carrier and is subject to restrictions and regulations are stated in the certificate of the carrier or in this chapter.
Authority The provisions of this § 29.13 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1102, 1103 and 1501.
Source The provisions of this § 29.13 adopted April 15, 1946; amended through February 21, 1966; amended January 23, 1981, effective January 24, 1981, 11 Pa.B. 409; amended June 18, 1982, effective January 16, 1982, 12 Pa.B. 1862; amended June 2, 2017, effective June 3, 2017, 47 Pa.B. 3099. Immediately preceding text appears at serial pages (386038) and (321657).
Notes of Decisions Prospective Application
Where the Commission applied regulations adopted after the issuance of the petitioner’s certificate to operate a limousine service, the Commission did not apply the regulations retroactively, but prospectively to existing certificate holders. Burgit v. Pennsylvania Public Utility Commission, 475 A.2d 1339 (Pa. Cmwlth. 1984).
Cross References This section cited in 52 Pa. Code § 29.401 (relating to applicability); and 52 Pa. Code § 29.501 (relating to applicability).
§ 29.14. [Reserved].
Source The provisions of this § 29.14 adopted April 15, 1946; amended through February 21, 1966; reserved January 23, 1981, effective January 24, 1981, 11 Pa.B. 409. Immediately preceding text appears at serial page (52607).
§ 29.15. [Reserved].
Source The provisions of this § 29.15 adopted April 15, 1946; amended through February 21, 1966; reserved January 23, 1981, effective January 24, 1981, 11 Pa.B. 409. Immediately preceding text appears at serial page (32859).
§ 29.16. [Reserved].
Source The provisions of this § 29.16 adopted April 15, 1946; amended through February 21, 1966; reserved January 23, 1981, effective January 24, 1981, 11 Pa.B. 409. Immediately preceding text appears at serial pages (32859) and (32860).
§ 29.17. [Reserved].
Source The provisions of this § 29.17 adopted April 15, 1946; amended through February 21, 1966; reserved February 25, 1977, effective February 26, 1977, 7 Pa.B. 522. Immediately preceding text appears at serial page (20795).
§ 29.21. [Reserved].
Source The provisions of this § 29.21 adopted April 15, 1946; amended through February 21, 1966; reserved February 25, 1977, effective February 26, 1977, 7 Pa.B. 522. Immediately preceding text appears at serial page (20796).
§ 29.22. [Reserved].
Source The provisions of this § 29.22 adopted April 15, 1946; amended through February 21, 1966; reserved February 25, 1977, effective February 26, 1977, 7 Pa.B. 522. Immediately preceding text appears at serial pages (20796) to (20797).
§ 29.23. [Reserved].
Source The provisions of this § 29.23 adopted April 15, 1946; amended through February 21, 1966; reserved February 25, 1977, effective February 26, 1977, 7 Pa.B. 522. Immediately preceding text appears at serial page (20797).
§ 29.24. [Reserved].
Source The provisions of this § 29.24 adopted April 15, 1946; amended through February 21, 1966; reserved February 25, 1977, effective February 26, 1977, 7 Pa.B. 522. Immediately preceding text appears at serial page (20798).
§ 29.25. [Reserved].
Source The provisions of this § 29.25 adopted April 15, 1946; amended through February 21, 1966; reserved February 25, 1977, effective February 26, 1977, 7 Pa.B. 522. Immediately preceding text appears at serial page (20798).
§ 29.26. [Reserved].
Source The provisions of this § 29.26 adopted April 15, 1946; amended through February 21, 1966; reserved February 25, 1977, effective February 26, 1977, 7 Pa.B. 522. Immediately preceding text appears at serial page (20798).
§ 29.27. [Reserved].
Source The provisions of this § 29.27 adopted April 15, 1946; amended through February 21, 1966; reserved February 25, 1977, effective February 26, 1977, 7 Pa.B. 522. Immediately preceding text appears at serial pages (20798) to (20799).
TRANSFER OF RIGHTS
§ 29.31. Sale or transfer of certificates.
The approval of the Commission is required for the sale or transfer of a certificate, except as otherwise provided in this chapter. The approval may be granted with or without hearing and after reasonable notice as the Commission may direct.
Authority The provisions of this § 29.31 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.
Source The provisions of this § 29.31 adopted April 15, 1946; amended through February 21, 1966; amended August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181. Immediately preceding text appears at serial page (233125).
Notes of Decisions Federal Tax Liens
Certificates of public convenience have attributes of pecuniary value and transferability and therefore constitute property or a right to property subject to the Federal tax lien statute, 26 U.S.C.A. § 6321. Loma, Inc. v. Pennsylvania Public Utility Commission, 682 A.2d 424 (Pa. Cmwlth. 1996); appeal denied 698 A.2d 597 (Pa. 1997).
Property
A certificate of public convenience has the attributes of pecuniary value and transferability and therefore constitutes property or a right to property subject to the Federal tax lien statute. Loma, Inc. v. Pennsylvania Public Utility Commission, 682 A.2d 424 (Pa. Cmwlth. 1996).
Unopposed Transfers
The Pennsylvania Public Utility Commission did not abuse its discretion in concluding that an unapproved transfer of assets by a holder of a certificate of public convenience was unlawful and could not provide a reasonable excuse for resulting violations which formed the basis for cancellation of the certificate. Hoskins Taxi Service, Inc. v. Pennsylvania Public Utility Commission, 486 A.2d 1030 (Pa. Cmwlth. 1985).
§ 29.32. Death or incapacitation of a certificateholder.
Upon the death of a holder of a certificate, or upon an individual certificateholder being legally declared incapacitated, the rights conferred by the certificate 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, legatees 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 a period of 1 year, the Commission may, at its discretion and for cause shown, permit the transfer of the rights to the executors, administrators, guardians, trustees or other legal representatives of the deceased or incapacitated 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 petitions by the Commission.
Authority The provisions of this § 29.32 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.
Source The provisions of this § 29.32 adopted April 15, 1946; amended through February 21, 1966; amended August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181. Immediately preceding text appears at serial pages (233125) to (233126).
Cross References This section cited in 52 Pa. Code § 29.35 (relating to limitations).
§ 29.33. [Reserved].
Source The provisions of this § 29.33 adopted April 15, 1946; amended through February 21, 1966; reserved August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181. Immediately preceding text appears at serial page (233126).
§ 29.34. Authority of successors by law.
If a trustee, receiver, assignee, custodian or similar officer or officers 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 certificate holder, the officer shall have authority to perform the service authorized in the certificate of the debtor carrier for a period of 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 authority. If the petition is filed within 90 days of the appointment or selection of the petitioner, he shall have authority to continue the operations pending decision by the Commission on the petition. Pertinent orders or decrees of the court having jurisdiction may be deemed cause for the granting of petitions by the Commission.
Source The provisions of this § 29.34 adopted April 15, 1946; amended through February 21, 1966.
Cross References This section cited in 52 Pa. Code § 29.35 (relating to limitations).
§ 29.35. Limitations.
Operations covered by § § 29.32 and 29.34 (relating to death or incapacitation of a certificateholder; and authority of successors by law) are subject to the terms and conditions of the certificate of public convenience and may not be conducted without full insurance coverage on the vehicles.
Source The provisions of this § 29.35 adopted April 15, 1946; amended through February 21, 1966.
ACCOUNTS, RECORDS AND REPORTS
§ 29.41. Accounts and records.
(a) Common carriers of passengers shall follow generally accepted accounting principles for all accounting and reporting matters.
(b) Amounts received as operating subsidies or payments for services rendered from a Federal, State or local governmental agency shall be included in the respective passenger revenue classifications corresponding to the operating authority under which the services were provided, and shall be included in the reporting company’s assessment liability under 66 Pa.C.S. § 510 (relating to assessment for regulatory expenses upon public utilities).
Authority The provisions of this § 29.41 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.
Source The provisions of this § 29.41 adopted April 15, 1946; amended through February 21, 1966; amended August 7, 1976, effective August 8, 1976, 6 Pa.B. 1839; amended October 1, 1976, effective October 2, 1976, 6 Pa.B. 2442; amended December 22, 1989, effective December 23, 1989, 19 Pa.B. 5425; amended August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181. Immediately preceding text appears at serial page (311891).
Cross References This section cited in 52 Pa. Code § 29.111 (relating to accounts, records and memoranda); and 52 Pa. Code § 29.317 (relating to accounting requirements for alternative forms of compensation for drivers).
§ 29.42. [Reserved].
Source The provisions of this § 29.42 adopted April 15, 1946; amended through February 21, 1966; amended August 7, 1976, effective August 8, 1976, 6 Pa.B. 1839; amended December 22, 1989, effective December 23, 1989, 19 Pa.B. 5426; corrected February 16, 1990, effective December 23, 1989, 20 Pa.B. 945; reserved February 6, 1998, effective February 7, 1998, 28 Pa.B. 647. Immediately preceding text appears at serial pages (218735) to (218736).
Notes of Decisions An order conditioning the reinstatement of a cancelled certificate was affirmed where that order merely affirmed an earlier order cancelling the certificate and added conditions for its reinstatement, and where the certificate holder had not timely answered a complaint based upon her failure to provide evidence of insurance and failure to file an annual report, so the facts in that complaint were deemed admitted. De Gregorio v. Pennsylvania Public Utility Commission, 481 A.2d 1241 (Pa. Cmwlth. 1984).
§ 29.43. Assessment reports.
A common carrier shall file with the Commission each year an assessment report, on a form provided by the Commission (Form MT—(year)), showing gross Commonwealth intrastate revenues for assessment purposes, such assessment report to be filed by March 31, covering the preceding calendar year under 66 Pa.C.S. § 510 (relating to assessment for regulatory expenses upon public utilities).
Source The provisions of this § 29.43 adopted April 15, 1946; amended through February 21, 1966; amended August 7, 1976, effective August 8, 1976, 6 Pa.B. 1839. Immediately preceding text appears at serial page (20802).
Cross References This section cited in 52 Pa. Code § 29.317 (relating to accounting requirements for alternative forms of compensation for drivers); 52 Pa. Code § 101.2 (relating to definitions); and 52 Pa. Code § 101.4 (relating to reporting requirements).
§ 29.44. Accident reports.
(a) Accidents involving death of a person. Motor carriers of passengers, operating vehicles with seating capacities of 15 passengers or less, including the driver, 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 all accidents resulting in the filing of a police report, a motor carrier shall maintain a copy of the police report for 1 year from the date of the accident.
Authority The provisions of this § 29.44 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.
Source The provisions of this § 29.44 adopted April 15, 1946; amended through February 21, 1966; amended June 8, 1984, effective June 9, 1984, 14 Pa.B. 1939; amended May 29, 1987, effective May 30, 1987, 17 Pa.B. 2068; amended December 22, 1989, effective December 23, 1989, 19 Pa.B. 5424; amended August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181. Immediately preceding text appears at serial page (218737).
Cross References This section cited in 52 Pa. Code § 29.111 (relating to accounts, records and memoranda).
§ 29.51. [Reserved].
Source The provisions of this § 29.51 adopted April 15, 1946; amended February 21, 1966; reserved January 23, 1981, effective January 24, 1981, 11 Pa.B. 409. Immediately preceding text appears at serial page (20803).
§ 29.52. [Reserved].
Source The provisions of this § 29.52 adopted April 15, 1946; amended February 21, 1966; reserved January 23, 1981, effective January 24, 1981, 11 Pa.B. 409. Immediately preceding text appears at serial page (20804).
§ 29.53. [Reserved].
Source The provisions of this § 29.53 adopted April 15, 1946; amended February 21, 1966; reserved January 23, 1981, effective January 24, 1981, 11 Pa.B. 409. Immediately preceding text appears at serial page (20804).
§ 29.54. [Reserved].
Source The provisions of this § 29.54 adopted April 15, 1946; amended through February 21, 1966; reserved January 23, 1981, effective January 24, 1981, 11 Pa.B. 409. Immediately preceding text appears at serial pages (20804) and (28772).
CONTINUITY OF SERVICE
§ 29.61. Commencement of service.
A common carrier shall, within 30 days from the date of receipt of a certificate, begin operating and furnishing service. If it has not commenced operating and furnishing the authorized service within 30 days, appropriate proceedings shall be initiated to terminate the certificate unless, upon specific permission granted by the Commission, the time for commencement of service is extended.
Authority The provisions of this § 29.61 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.
Source The provisions of this § 29.61 adopted April 15, 1946; amended through February 21, 1966; amended August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181. Immediately preceding text appears at serial page (218738).
§ 29.62. Interruptions of service.
An interruption of service for more than 48 hours shall be reported to the Commission with a statement of the cause of interruption and its probable duration. Suspension of service for 5 consecutive days without notice to the Commission will be deemed sufficient cause for revocation or cancellation of the rights of the carrier, except if the suspension is caused by strike or labor difficulties, riot, insurrection, war, government decrees or an act of God. An order of revocation will not issue until the carrier is given opportunity for a public hearing on a complaint as to why the rights should not be revoked and cancelled.
Authority The provisions of this § 29.62 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.
Source The provisions of this § 29.62 adopted April 15, 1946; amended through February 21, 1966; amended August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181. Immediately preceding text appears at serial page (218738).
MARKINGS AND POSTING NOTICE
§ 29.71. Marking of vehicles.
(a) Identification. A common carrier shall paint or affix on each side of each motor vehicle operated in certificated service by him in letters of at least 2 inches in height and at least 1/2 inch in width, the name or registered insignia, if approved by the Commission, of the carrier and the number of the certificate of public convenience as follows:
‘‘Pa.P.U.C. No. A—’’
(b) Exceptions.
(1) Subsection (a) does not apply to vehicles owned by another carrier which may be used temporarily in situations arising from accident, breakdown or peak demand.
(2) Subsection (a) does not apply to vehicles operated in luxury limousine service as provided in § 29.333(c) (relating to vehicle and equipment requirements).
(c) Numbers. A common carrier of passengers by taxicab operating more than one taxi shall cause to be painted or affixed a distinguishing number of at least 4 inches in height and at least 1/2 inch in width, in numerical sequence beginning with No. 1, in a conspicuous location on the rear and on each front side where it is clearly distinguishable from the rear and front side of each motor vehicle. If the common carrier operates under the name of an association not certificated by the Commission, there shall also be, in lieu of a separate numbering system, a single numerical sequence for an association and there shall be painted on the taxicab the name of the association, and the sequential number assigned by the association. The association shall supply the Commission with a current listing of the numbers assigned to each certificated carrier.
Authority The provisions of this § 29.71 amended under 66 Pa.C.S. § § 501, 504—506, 1301 and 1501.
Source The provisions of this § 29.71 adopted April 15, 1946; amended February 21, 1966; amended August 6, 1976, 6 Pa.B. 1840; amended July 25, 1997, effective August 25, 1997, 27 Pa.B. 3676. Immediately preceding text appears at serial page (218739).
Cross References This section cited in 52 Pa. Code § 29.333 (relating to vehicle and equipment requirements); 52 Pa. Code § 30.31 (relating to vehicle equipment requirements); 52 Pa. Code § 37.205 (relating to additions or modifications to 49 CFR); and 52 Pa. Code § 29.402 (relating to vehicle equipment requirements).
§ 29.72. Removal of markings.
If the certificate of a common carrier is cancelled or revoked by the Commission, or if a motor vehicle is removed permanently from service, the carrier shall immediately remove the certificate number from the vehicle.
Source The provisions of this § 29.72 adopted April 15, 1946; amended February 21, 1966.
Cross References This section cited in 52 Pa. Code § 30.31 (relating to vehicle equipment requirements).
§ 29.73. [Reserved].
Source The provisions of this § 29.73 adopted April 15, 1946; amended February 21, 1966; amended November 29, 2002, effective November 30, 2002, 32 Pa.B. 5888; reserved August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181. Immediately preceding text appears at serial page (293974).
§ 29.81. [Reserved].
Source The provisions of this § 29.81 adopted August 8, 1975, effective August 9, 1975, 5 Pa.B. 2029; reserved August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181. Immediately preceding text appears at serial pages (293974) and (233131).
MISCELLANEOUS PROVISIONS
§ 29.101. Operation of leased equipment.
(a) General provisions. General provisions include the following:
(1) Common carriers. Common carriers shall operate vehicles in compliance with this title and of the laws of the Commonwealth.
(2) Drivers. When used in the authorized service of the lessee, leased vehicles shall be operated by drivers qualified under Subchapter F (relating to driver regulations) when operating vehicles with seating capacities of 15 or less, including the driver, or Chapter 37 (relating to safety code for transportation of property and passengers) when operating vehicles with seating capacities of 16 or more, including the driver.
(3) Insurance and registration. Leased vehicles shall be covered by insurance as provided by § 32.11 (relating to passenger carrier insurance) and conform with the requirements for registration of vehicles as set forth in 75 Pa.C.S. § § 101—9901 (relating to Vehicle Code).
(4) Capacity. The operation of leased vehicles may in no event be assumed to permit an increase in the number of vehicles or in the seating capacity of vehicles where so limited by the terms of the certificate.
(5) Control. Vehicles shall be owned by or leased by the certificateholder. Operation and service shall be under the direct control and supervision of the certificateholder. A common carrier of passengers may not lease a vehicle to a driver, except as provided in subsection (f), regarding call or demand service.
(b) Lease agreements. Lease agreements must conform with the following:
(1) Content. Leases of vehicles must be in writing, specifically set forth the terms of the lease including obligations assumed such as maintenance and fuel, compensation, and the duration of the lease, and be executed by the parties or their authorized agents or officers.
(2) Copies of lease and distribution. The following applies to copies and distribution of the lease:
(i) Preparation. Lease agreements must be prepared in triplicate, the original to be retained by the certificateholder in whose service the equipment is to be operated. The original shall be retained at the principal office of the certificateholder, one copy to be retained by the owner of the equipment and one copy to be carried on the leased vehicle for the duration of the contract. The certificateholder shall retain leases for 2 years following their expiration date.
(ii) Certificates. In lieu of a copy of the lease, a certificate or rental form identifying the leased vehicle shall be carried on the leased vehicle certifying that the equipment is to be operated exclusively in the service of the certificateholder named therein as lessee, the names and addresses of the owner and lessee, the date of the lease, the location of the original lease retained by the certificateholder and the exact expiration date of the lease. This certificate or rental form shall be certified as true and correct by the certificateholder or an authorized representative.
(c) Safety inspection. It is the duty of the certificateholder, before taking possession of equipment, to inspect the equipment or to have the equipment inspected by a person who is competent and qualified to make an inspection as a representative of the carrier to insure that the equipment is in a safe condition to be operated on the highway. The person making the inspection shall certify the results thereof. The certification shall be retained by the certificateholder 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 certificateholder.
(d) Registration of vehicles. When the Department of Transportation, at the request of the owner, designates the lessee certificateholder as the registrant of the vehicle and the name and address of the lessee are substituted for the address of the lessor, the Commission will approve the registration when the certificate is in good standing, but the approval is effective only for the period during which the lease remains in effect.
(e) Identification. If a removable device is used to identify the operating carrier as lessee, the device must be made of durable material securely affixed to the vehicle operated throughout the duration of the lease. Upon relinquishing possession of the equipment, the certificateholder operating the leased vehicle under this subsection shall remove the legend or removable device displayed on the vehicle.
(f) Call or demand. The following applies to call or demand carriers operating leased equipment:
(1) The holder of a call or demand certificate may lease vehicles it owns or leases to drivers for operation in the service of the certificateholder only under the following conditions:
(i) The leased vehicle shall be operated under the direct control and supervision of the certificateholder.
(ii) The driver-lessee of the vehicle and the certificateholder shall be required to keep and retain daily log sheets as prescribed by § 29.313(c) (relating to service standards and requirements).
(iii) The certificateholder shall be required to furnish and maintain adequate service to the public which shall be reasonably continuous and without unreasonable interruptions or delays.
(iv) The leasing plan of the certificateholder must conform with § 29.315 (relating to alternative forms of compensation).
(2) A certificateholder may use a vehicle owned or leased by a driver in its certificated service. The certificateholder may lease this vehicle from the driver or may allow the driver to operate under its authority without a lease. The following conditions apply to driver owned or leased vehicles:
(i) The vehicle shall be operated under the direct control and supervision of the certificateholder.
(ii) The driver and the certificateholder are required to keep and retain daily log sheets as prescribed by § 29.313(c).
(iii) The certificateholder is required to furnish and maintain adequate service to the public which shall be reasonably continuous and without unreasonable interruptions or delays.
(iv) The certificateholder shall provide insurance coverage for vehicles while in service. The driver shall provide notification to the driver’s insurer, in writing, that the vehicle will be used in taxicab service. The driver shall provide a copy of the written notification to the certificateholder. The certificateholder shall maintain the notification for 3 years following the termination of the driver from the certificateholder’s service.
(v) The certificateholder shall provide to the driver written notice of insurance coverage and limits while operating in its service. This notice must indicate if comprehensive and collision coverage are provided while the vehicle is used in service and shall be signed by the driver. The certificateholder shall maintain the notification for 3 years following the termination of the driver from the certificateholder service.
(vi) The driver shall provide written notice to a lienholder or lessor that the vehicle will be used in taxicab service. The driver shall provide a copy of the written notification to the certificateholder. The certificateholder shall maintain the notification for 3 years following the termination of the driver from the certificateholder’s service.
(vii) The certificateholder shall ensure that all vehicles meet the taxicab vehicle requirements provided in this chapter while the vehicles are in service.
(viii) For purposes of this subsection, a vehicle is ‘‘in service’’ when the vehicle is available for hire, regardless of whether a passenger is in the vehicle.
(ix) The certificateholder shall ensure that all drivers meet the driver requirements provided in this chapter.
Authority The provisions of this § 29.101 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 § 29.101 adopted April 15, 1946; amended through February 21, 1966; amended March 18, 1977, effective March 19, 1977, 7 Pa.B. 752; amended January 23, 1981, effective January 24, 1981, 11 Pa.B. 409; 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 (321666) to (321668).
Cross References This section cited in 52 Pa. Code § 29.111 (relating to accounts, records and memoranda); and 52 Pa. Code § 29.315 (relating to alternative forms of compensation).
§ 29.102. Transportation of blind or deaf persons with dog guides.
Common carriers shall transport dogs trained for the purpose of guiding blind or deaf persons when accompanying blind or deaf persons paying a regular fare. The dog guides shall be properly leashed and may not occupy a seat in the conveyance.
Source The provisions of this § 29.102 adopted April 15, 1946; amended through February 21, 1966; amended April 20, 1984, effective April 21, 1984, 14 Pa.B. 1390; amended November 21, 1986, effective November 22, 1986, 16 Pa.B. 4568. Immediately preceding text appears at serial page (89978).
Notes of Decisions Transportation of Guide Dog
When taxi company alleged improper muzzling of visually handicapped persons guide dog for the first time in its Petition for Review of Public Utility Commission’s order, consideration of that issue is deemed waived in accordance with 1 Pa. Code § 35.213 (relating to effect of failure to except to proposed report); thus, Commission’s order will not be overturned for lack of substantial evidence. Metro Transportation Company v. Pennsylvania Public Utility Commission, 525 A.2d 24, 26 (Pa. Commw. 1987).
Cross References This section cited in 52 Pa. Code § 29.111 (relating to accounts, records and memoranda).
§ 29.103. Simulating color or design.
Common carriers are prohibited from marking, painting or designing their vehicles so as to simulate vehicles operated by other carriers within the same local area. The simulation of design or other act intended to invite patronage by deception will be considered sufficient ground for revocation of certificates.
Source The provisions of this § 29.103 adopted April 15, 1946; amended through February 21, 1966.
Cross References This section cited in 52 Pa. Code § 29.111 (relating to accounts, records and memoranda); and 52 Pa. Code § 30.31 (relating to vehicle equipment requirements).
§ 29.104. [Reserved].
Source The provisions of this § 29.104 adopted April 15, 1946; amended through February 21, 1966; amended August 24, 1970, effective August 25, 1970, 1 Pa.B. 224; reserved July 31, 1987, effective August 1, 1987, 17 Pa.B. 3217; corrected November 20, 1987, effective August 1, 1987, 17 Pa.B. 4726. Immediately preceding text appears at serial pages (120420) to (120421). (Editor’s Note: The insurance provisions for common carriers previously contained in this section have been moved to Chapter 32 (relating to motor carrier insurance).)
Notes of Decisions Duty to Maintain Insurance
In the absence of evidence of legislative intent to impose absolute liability on insurers of common carriers, the duty to maintain insurance coverage on vehicles is placed on the transportation company; the insurer is not liable for injuries to a third party resulting from an accident involving a vehicle not covered by the terms of the insurance contract. Czarnecki v. Delco Cab, Inc., 419 A.2d 139 (Pa. Super. 1980).
Rejection of Insurance
Taxi company that rejected uninsured motorist coverage in its policies of insurance has by that action chosen to be self-insured for uninsured motorist coverage. Jones v. Travelers Insurance Co., 514 A.2d 576 (Pa. Super. 1986).
An order conditioning the reinstatement of a cancelled certificate was affirmed where that order merely affirmed an earlier order cancelling the certificate and added conditions for its reinstatement, and where the certificate holder had not timely answered a complaint based upon her failure to provide evidence of insurance and failure to file an annual report, so the facts in that complaint were deemed admitted. De Gregorio v. Pennsylvania Public Utility Commission, 481 A.2d 1241 (Pa. Cmwlth. 1984).
Retroactive Application
This section will not be retroactively applied to cancel coverage of insurance policy in cases of successive policies, thereby eliminating a source of insurance funds for third-party claimants, in that application of such regulation could not be considered purely procedural. Minimum coverage, for common carriers if not provided for, shall be read into all insurance contracts. Metro Transportation Co. v. North Star Reinsurance Co., 912 F.2d 672 (3d. Cir. 1990).
§ 29.105. Employee commuter van pooling.
(a) The following words and terms when used in this section, have the following meanings, unless the context clearly indicates otherwise:
Company—The person, partnership, association, entity or governmental unit or agency which employs persons to whom the service is rendered.
Transportation—Transportation of passengers, as defined in 66 Pa.C.S. § 102 (relating to definitions).
Van—A motor vehicle accommodating no more than 15 persons, including the driver.(b) When all of the following circumstances are present, the Commission will regard an operation as private carriage and therefore beyond the regulatory jurisdiction of the Commission:
(1) The transportation is provided in a van registered in the name of the company, and the company is in fact the owner; or, the transportation is provided in a van leased by the company, and the company is obligated to pay the rent from its own funds.
(2) The vans are operated only by bona fide employees of the company in rendering the transportation provided for in this section.
(3) The transportation is provided solely to and from places of employment for employees using the van when the company facility is open for business.
(4) Employees transported in the vans may pay or contribute only such amounts as do not exceed the cost of operation of the employer.
(5) The transportation is conducted on a nonprofit basis, as an incident to the primary noncarrier business of the employer.
(c) The Commission will also regard multiple-company operations, which are bona fide cooperatives, arranged along the lines set forth in subsection (b) as falling beyond its regulatory jurisdiction.
(d) The statements set forth in subsections (b) and (c) may not be regarded as implying that all other similar operations necessarily fall within the regulatory jurisdiction of the Commission or that the vehicles may never be used for any other purpose.
Authority The provisions of this § 29.105 issued under 45 Pa.C.S. § 702; and the Public Utility Code, 66 Pa.C.S. § § 102 and 501.
Source The provisions of this § 29.105 adopted March 18, 1977, effective March 19, 1977, 7 Pa.B. 751; amended November 2, 1979, effective November 3, 1979, 9 Pa.B. 3645. Immediately preceding text appears at serial page (32872).
§ 29.106. [Reserved].
Authority The provisions of this § 29.106 issued under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 1102 and 1103; reserved under the act of July 13, 2016 (P.L. 664, No. 85).
Source The provisions of this § 29.106 adopted March 18, 1977, effective March 19, 1977, 7 Pa.B. 751; reserved November 2, 1979, effective November 3, 1979, 9 Pa.B. 3645; amended August 1, 1980, effective August 2, 1980, 10 Pa.B. 3188; amended February 17, 1984, effective February 18, 1984, 14 Pa.B. 543; reserved 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 (321670) to (321671).
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