52 Pa. Code § 3.384. Disposition of applications for ETA and TA.

§ 3.384. Disposition of applications for ETA and TA.

(a)  General. Initial determination of ETA and TA applications will be made by the Bureau of Technical Utility Services with the approval of the Commission.
(b)  Standards.
   (1)  General. Grants of TA or ETA shall be made upon the establishment of an emergency as defined in §  3.1 (relating to definitions) which requires new carrier service before an application for permanent authority can be filed and processed.
   (2)  General bases for disapproval. Applications for TA or ETA may be denied for the following reasons:
     (i)   Failure to meet statutory standards and this title.
     (ii)   Unfitness of the applicant.
(c)  Determination of fitness issues in motor carrier applications. The following standards shall be used in the initial or appellate determination of fitness issues in applications by motor carriers for TA or ETA:
   (1)  Unless there is a particularly urgent transportation need, an application will normally be denied when the applicant has been found unfit or in substantial noncompliance with Chapter 37 (relating to safety code for transportation of property and passengers) or 67 Pa. Code Part I (relating to Department of Transportation). An application may, however, be approved if the carrier has re-established compliance or if the application contains sufficient evidence to establish that the carrier has taken significant steps to remedy its deficiencies and is now in substantial compliance.
   (2)  Alleged violations of statute or regulations or a pending fitness investigation when no formal proceeding has been instituted may not be used as grounds for denial unless the Commission has evidence that the carrier applicant has a history of willful or flagrant violation of the statute or regulations. If authority is denied for lack of fitness on this basis, the decision will state the basis for denial.
   (3)  The granting of ETA or TA will not give rise to a presumption regarding the applicant’s fitness.
   (4)  A grant of authority may be later revoked by the Commission if it determines that the applicant is unfit under this subsection. The Commission may revoke a carrier’s ETA or ETA extension. The denial of a TA application will have the effect of automatically revoking the corresponding ETA or ETA extension.

Authority

   The provisions of this §  3.384 issued under the Public Utility Code, 66 Pa.C.S. § §  501, 1103 and 2509; amended under the Public Utility Code, 66 Pa.C.S. § §  501, 1102, 1103 and 1501.

Source

   The provisions of this §  3.384 adopted December 2, 1983, effective December 3, 1983, 13 Pa.B. 3756; amended January 23, 1987, effective January 24, 1987, 17 Pa.B. 387; 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 pages (376858) to (376859).

Cross References

   This section cited in 52 Pa. Code §  3.12 (relating to applicability to transportation proceedings).

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