52 Pa. Code § 3.382. Evidentiary guidelines for applications for passenger, excluding group and party more than 15 passenger, and household goods in use authority.

§ 3.382. Evidentiary guidelines for applications for passenger, excluding group and party more than 15 passenger, and household goods in use authority.

An applicant for a motor carrier certificate or permit for the transportation of passengers or household goods in use, though not required to offer testimony as to the rates proposed to be charged, may do so if it is otherwise competent. The weight to be attributed to the evidence will depend upon the extent to which it is accompanied by cost evidence demonstrating that the prospective rates would be compensatory, that is, that the prospective rates would be adequate to enable the applicant to recover its costs and realize a reasonable return either on investment or under operating ratio standards. The demeanor and credibility of a witness offering the evidence will also be considered in evaluating the weight to be attributed to the evidence.

Authority

   The provisions of this §  3.382 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 1102, 1103 and 1501.

Source

   The provisions of this §  3.382 adopted July 28, 1978, effective July 29, 1978, 8 Pa.B. 2102; amended February 6, 1998, effective February 7, 1998, 28 Pa.B. 647; amended May 22, 2015, effective May 23, 2015, 45 Pa.B. 2468; amended June 2, 2017, effective June 3, 2017, 47 Pa.B. 3099. Immediately preceding text appears at serial page (376853).

Notes of Decisions

   Evidence
   Evidence of requests for service received by an applicant could be excluded as hearsay if they are made to the daughters of the applicant, but they will not be excluded if they are not the only basis for a necessary finding of fact. Modad Taxi Co. v. Pennsylvania Public Utility Commission, 415 A.2d 126 (Pa. Cmwlth. 1980).

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