§ 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).
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