Subchapter F. DRIVER REGULATIONS
Sec.
29.501. Applicability.
29.502. Current driver’s license required.
29.503. Age restrictions.
29.504. Driver history.
29.505. Criminal history.
29.506. Alcohol prohibition.
29.507. Controlled substance prohibition.
29.508. Common or contract carriers operating vehicles with seating capacities of 9 to 15 passengers, including the driver.
29.509. Civil penalties for violations.
Authority The provisions of this Subchapter F issued under the Public Utility Code, 66 Pa.C.S. § § 501, 1102, 1103, 1502, 1504, 1506, 1508, and Chapters 23 and 25, unless otherwise noted.
Source The provisions of this Subchapter F adopted August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181, unless otherwise noted.
Cross References This section cited in 52 Pa. Code § 29.101 (relating to operation of leased equipment); 52 Pa. Code § 29.301 (relating to conditions); 52 Pa. Code § 29.311 (relating to conditions); 52 Pa. Code § 29.315 (relating to alternative forms of compensation); 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).
§ 29.501. Applicability.
This subchapter applies to drivers of vehicles having a designed seating capacity of 15 passengers or less, including the driver, which are used by common carriers or contract carriers to transport passengers in scheduled route service, call or demand service, group and party service, limousine service, airport transfer service, or paratransit service and experimental service, as defined in § 29.13 (relating to scheme of classification).
§ 29.502. Current driver’s license required.
A common or contract carrier may not permit a person to operate a vehicle in its authorized service unless that person has a current, valid driver’s license.
§ 29.503. Age restrictions.
(a) A common or contract carrier may permit a person to operate a vehicle in its authorized service if 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 but under 21 years of age if the following conditions are met:
(1) The person shall be registered as a certified emergency medical services vehicle operator (EMSVO) with the Department of Health (Department).
(2) The person shall carry the Department-issued registration of their EMSVO certification on board while operating a paratransit vehicle under 28 Pa. Code § 1023.21(h) (relating to general rights and responsibilities).
(3) The carrier shall verify that the paratransit driver is in good standing with the Department and maintain records for 4 years to prove each person’s EMSVO certificate registration. The records must be available for inspection by Commission staff upon request.
(4) The carrier shall notify the Commission’s Bureau of Technical Utility Services within 3 calendar days of the occurrence of the following events involving a paratransit driver who is under 21 years of age:
(i) an accident, regardless of the severity of the accident.
(ii) a driving-related violation such as a moving violation.
(iii) reckless driving.
(iv) driving under the influence of alcohol or drugs.
Source The provisions of this § 29.503 amended February 1, 2019, effective February 2, 2019, 49 Pa.B. 455. Immediately preceding text appears at serial page (386080).
§ 29.504. Driver history.
(a) Common or contract carriers, except for call or demand and limousine drivers.
(1) A common or contract carrier may not permit a person to operate a vehicle in its authorized service until it has obtained and reviewed a driver history from the appropriate agency of every state in which that person held a motor vehicle operator’s license or permit during the preceding 3 years.
(2) Following receipt of the initial driver history report, a common or contract carrier shall, at least once every 12 months from the date of the last report, obtain a driver history for each driver operating under its authority from the appropriate agency of the state in which the driver held an operator’s license during the time period. Compliance with this subsection does not relieve a common or contract carrier of the responsibility to ensure its drivers hold a current, valid driver’s license.
(3) A copy of the driver history shall be maintained by the common or contract carrier for at least 2 years.
(b) Call or demand and limousine drivers.
(1) Prior to permitting a person to act as a call or demand or a limousine driver, a carrier shall obtain and review a driving history research report for the person from the Department of Transportation and other relevant sources. A person with more than three moving violations in the 3-year period prior to the check or a major violation in the 3-year period prior to the check may not be a call or demand or limousine driver.
(2) One year after engaging a driver and every second year thereafter, a carrier shall conduct the driving history check required under this subsection and verify that a driver continues to be eligible to be a driver.
(3) A copy of the driver history shall be maintained by the call or demand or limousine driver for at least 2 years.
Authority The provisions of this § 29.504 amended under the act of July 13, 2016 (P.L. 664, No. 85).
Source The provisions of this § 29.504 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 page (321705).
§ 29.505. Criminal history.
(a) Common or contract carriers, except for call or demand and limousine drivers.
(1) Criminal history record required. A common or contract carrier may not permit a person to operate a vehicle in its authorized service until it has obtained and reviewed a criminal history record from the Pennsylvania State Police and every other state in which the person resided for the last 12 months. For current drivers, carriers shall obtain a criminal history record by November 9, 2006.
(2) Frequency of record check. Following receipt of the initial criminal history record, a common or contract carrier shall obtain and review a criminal history record for each driver operating under its authority from the Pennsylvania State Police every 2 years from the date of the last criminal history check.
(3) Disqualification. A common or contract carrier may not permit a person to operate a vehicle in its authorized service when the person was convicted of a felony or a misdemeanor under the laws of the Commonwealth or under the laws of another jurisdiction, to the extent the conviction relates adversely to that person’s suitability to provide service safely and legally.
(4) Record retention. A copy of the criminal history shall be maintained by the common or contract carrier for at least 3 years.
(b) Call or demand and limousine drivers.
(1) Criminal background check. Prior to permitting a person to act as a call or demand or limousine driver, a carrier shall conduct or have a third party conduct a local and National criminal background check for each driver applicant. The background check must include a multistate or multijurisdictional criminal records locator or other similar commercial Nationwide database with primary source search validation and a review of the United States Department of Justice National sex offender public web site. The carrier shall disqualify an applicant convicted of certain crimes in accordance with the following:
(i) An applicant convicted of any of the following within the preceding 7 years:
(A) Driving under the influence of drugs or alcohol.
(B) A felony conviction involving theft.
(C) A felony conviction for fraud.
(D) A felony conviction for a violation of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § § 780-101—780-144).
(ii) An applicant convicted of any of the following within the preceding 10 years:
(A) Use of a motor vehicle to commit a felony.
(B) Burglary or robbery.
(iii) An applicant convicted of any of the following at any time:
(A) A sexual offense under 42 Pa.C.S. § 9799.14(c) or (d) (relating to sexual offenses and tier system) or similar offense under the laws of another jurisdiction or under a former law of the Commonwealth.
(B) A crime of violence as defined in 18 Pa.C.S. § 5702 (relating to definitions).
(C) An act of terror.
(2) Frequency. One year after engaging a driver and every second year thereafter, the criminal background and driving history checks required under this subsection shall be conducted and that a driver continues to be eligible to be a driver shall be verified.
(3) Record retention. A copy of the criminal history shall be maintained by the call or demand or limousine driver for at least 3 years.
Authority The provisions of this § 29.505 amended under the act of July 13, 2016 (P.L. 664, No. 85).
Source The provisions of this § 29.505 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 page (321705).
§ 29.506. Alcohol prohibition.
A driver may not use alcohol, be under the influence of alcohol, or have any measured alcohol concentration or detected presence of alcohol, while operating a vehicle in passenger service.
§ 29.507. Controlled substance prohibition.
A driver may not use a controlled substance, be under the influence of a controlled substance, or have any measured concentration or detected presence of a controlled substance, while operating a vehicle in passenger service.
§ 29.508. Common or contract carriers operating vehicles with seating capacities of 9 to 15 passengers, including the driver.
(a) A common or contract carrier may not permit a person to drive a vehicle with a seating capacity of 9 to 15 passengers, including the driver, unless the driver complies with the following:
(1) The driver is physically qualified in accordance with 49 CFR 391.41—391.49 (relating to physical qualifications and examinations).
(2) The driver is in compliance with the hours of service provisions of 49 CFR 395.5 and 395.8 (relating to maximum driving time for passenger-carrying vehicles; and driver’s record of duty status).
(3) Drivers are exempt from 49 CFR 395.8 if they fall within exemption in 49 CFR 395.1(e). In this circumstance, carriers shall keep time records in accordance with 49 CFR 395.1(e)(5) (relating to scope of rules in this part).
§ 29.509. Civil penalties for violations.
A complaint may be initiated against the carrier for violations of this subchapter.
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