§ 29.402. Vehicle equipment requirements.
A common carrier or a contract carrier may not permit a vehicle having a seating capacity of 15 passengers or less, including the driver, to be operated unless it complies with the following requirements:
(1) Vehicles must comply with applicable Department of Transportation equipment inspection standards as set forth in 67 Pa. Code Chapter 175 (relating to vehicle equipment and inspection) at all times when the vehicle is being operated.
(2) Vehicles must have door hinges and latches in working order, and doors must operate easily and close securely.
(3) Unless otherwise permitted by the Commission, advertising on vehicles is limited to the exterior roof of the vehicle. Advertising displayed on a vehicle shall be securely fastened and may not obscure the driver’s view in any direction.
(4) Advertising, including the use of cab tops, signs, placards and wrapping of vehicles, is permitted. Advertising may not obscure vehicle markings required under § 29.71 (relating to marking of vehicles), may not obscure the driver’s view in any direction and must be securely fastened to the vehicle.
Authority The provisions of this § 29.402 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 § 29.402 adopted April 20, 1984, effective April 21, 1984, 14 Pa.B. 1390; 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 (326554) and (321701).
Notes of Decisions Incorporation of Department of Transportation Regulations
The Commission’s incorporation of Department of Transportation regulations in an area where the two agencies possess overlapping authority is not inappropriate; rather, it represents sensible cooperation and harmonization. Harrisburg Taxicab & Baggage Co. v. Pennsylvania Public Utility Commission, 786 A.2d 288 (Pa. Cmwlth. 2001).
Regulatory Authority
The Commission is vested with the authority and the duty to regulate the facilities of taxicab services and to ensure that necessary repairs are made to ensure safety. Those facilities include equipment such as vehicles. Even if this authority may overlap with that of the Department of Transportation, that overlap does not divest the Commission of its statutory authority. Harrisburg Taxicab & Baggage Co. v. Pennsylvania Public Utility Commission, 786 A.2d 288 (Pa. Cmwlth. 2001).
Cross References This section cited in 52 Pa. Code § 29.403 (relating to requirements for passenger service operation); 52 Pa. Code § 29.404 (relating to unsafe operations forbidden); 52 Pa. Code § 29.406 (relating to inspection by enforcement officers); and 52 Pa. Code § 29.407 (relating to civil penalties for violations).
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