Subchapter E. VEHICLE EQUIPMENT AND INSPECTION
Sec.
29.401. Applicability.
29.402. Vehicle equipment requirements.
29.403. Requirements for passenger service operation.
29.404. Unsafe operations forbidden.
29.405. State inspection.
29.406. Inspection by enforcement officers.
29.407. Civil penalties for violations.
Authority The provisions of this Subchapter E issued under the Public Utility Code, 66 Pa.C.S. § § 501 and 1501, unless otherwise noted.
Source The provisions of this Subchapter E adopted April 20, 1984, effective April 21, 1984, 14 Pa.B. 1390, unless otherwise noted.
Cross References This subchapter cited in 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);
§ 29.401. Applicability.
This subchapter applies to 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 and experimental service defined in § 29.13(6) (relating to scheme of classification).
Authority The provisions of this § 29.401 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.
Source The provisions of this § 29.401 adopted April 20, 1984, effective April 21, 1984, 14 Pa.B. 1390; amended August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181. Immediately preceding text appears at serial page (288305).
§ 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).
§ 29.403. Requirements for passenger service operation.
A common carrier or a contract carrier may not permit a vehicle having a designed seating capacity of 15 passengers or less, including the driver, to be operated to transport passengers unless it complies with the following requirements, in addition to those in § 29.402 (relating to vehicle equipment requirements):
(1) Vehicles which are equipped with folding, temporary or removable seats must have hinges, latches, brackets or other hardware associated with the seats in working order.
(2) Vehicles must be in clean and sanitary condition.
(3) Vehicles must have a factory-type heater, capable of producing heat for the accommodation of passengers. The heater must be in working order.
(4) Trunk compartments must be clean and suitable for carrying passengers’ luggage.
(5) Vehicles must have snow tires or all-weather tires on the drive wheels between October 1 and April 1 of the following year.
(6) A vehicle’s exterior may not have any dents or gouges larger than 4 inches in diameter or damage that protrudes from the vehicle.
(7) A vehicle must have four matching wheel covers, or the equivalent.
(8) A vehicle must have operative air conditioning.
(9) A vehicle’s seats must be secure and not be damaged so as to allow springs or other cushioning or support devices to protrude through the seat.
(10) Smoking is prohibited in vehicles used in taxicab and limousine service.
Authority The provisions of this § 29.403 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 § 29.403 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 page (321701).
Cross References This section cited in 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).
§ 29.404. Unsafe operations forbidden.
A common carrier or contract carrier may not permit or require a driver to operate a vehicle revealed by inspection or operation not to comply with § 29.402 or § 29.403 (relating to vehicle equipment requirements; and requirements for passenger service operation). If a vehicle being operated on a highway is discovered not to comply with § 29.402 or § 29.403, it may be continued in operation to the carrier’s nearest terminal, the carrier’s place of business or other similar location where repairs can be effected safely; however, this operation may be conducted only if it is less hazardous to the public than permitting the vehicle to remain on the highway.
Authority The provisions of this § 29.404 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.
Source The provisions of this § 29.404 adopted April 20, 1984, effective April 21, 1984, 14 Pa.B. 1390; corrected December 4, 1987, effective April 21, 1984, 17 Pa.B. 5048; amended August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181. Immediately preceding text appears at serial page (218773).
Cross References This section cited in 52 Pa. Code § 29.406 (relating to inspection by enforcement officers).
§ 29.405. State inspection.
Common carriers and contract carriers shall insure that vehicles operated under their certificates or permits receive the annual State inspection required by 75 Pa.C.S. Chapter 47 (relating to inspection of vehicles).
Source The provisions of this § 29.405 adopted April 20, 1984, effective April 21, 1984, 14 Pa.B. 1390.
§ 29.406. Inspection by enforcement officers.
(a) An enforcement officer employed by the Commission is authorized to perform inspections of vehicles to determine compliance with this subchapter under 66 Pa.C.S. § § 307 and 506 (relating to inspectors for enforcement; and inspection of facilities and records). To perform these inspections, Commission enforcement officers are authorized to stop vehicles in operation. Commission enforcement officers are also authorized to enter upon the premises of the agent or lessee of a common carrier or contract carrier at a reasonable time for the purpose of performing inspections upon vehicles used in regulated operations.
(b) A form designated by the Commission shall be used to record findings from vehicles selected for inspection.
(c) Vehicles in operation which are found upon inspection not to comply with § § 29.402 and 29.403 (relating to vehicle equipment requirements; requirements for passenger service operations) shall be declared out-of-service by an enforcement officer employed by the Commission and shall be placed out-of-service utilizing the Commission’s out-of-service sticker.
(d) A common carrier or contract carrier may not require or permit a person to operate nor may a person operate a vehicle declared and placed out-of-service until repairs required by the Commission have been satisfactorily completed, except as provided in § 29.404 (relating to unsafe operations forbidden).
(e) A person may not remove an out-of-service sticker from a vehicle prior to completion of the repairs required by the Commission.
(f) The person completing the repairs required by the out-of-service notice shall sign the Certificate of Repairman in accordance with the terms prescribed by the Commission, entering the name of the person’s shop or garage and the date and time the required repairs were completed. If the vehicle operator completes the required repairs, the operator shall sign and complete the Certification of Repairman.
(g) The carrier’s disposition of the form shall be as follows:
(1) The operator of a vehicle receiving the form placing the vehicle out-of-service shall deliver the form to the common carrier or contract carrier operating the vehicle.
(2) Violations or mechanical defects noted on a form shall be corrected. To the extent that vehicle operators are shown not to be in compliance with this chapter, appropriate corrective action shall be taken by the common carrier or contract carrier.
(3) Carriers shall retain a copy of the form at their principal place of business for 1 year from the date of inspection.
Authority The provisions of this § 29.406 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.
Source The provisions of this § 29.406 adopted April 20, 1984, effective April 21, 1984, 14 Pa.B. 1390; amended August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181. Immediately preceding text appears at serial pages (218773) to (218775).
Cross References This section cited in 52 Pa. Code § 29.407 (relating to civil penalties for violations).
§ 29.407. Civil penalties for violations.
If a vehicle in operation is inspected under § 29.406 (relating to inspection by enforcement officers) and does not comply with § 29.402 (relating to vehicle equipment requirements) or if a motor vehicle being operated in passenger transportation service does not comply with § 29.403 (relating to requirements for passenger service operation), a complaint upon the motion of the Commission or other appropriate action may be instituted in accordance with 66 Pa.C.S. § 701 (relating to complaints) for the purpose of levying civil penalties as prescribed by 66 Pa.C.S. § 3301 (relating to civil penalties for violations).
Source The provisions of this § 29.407 adopted April 20, 1984, effective April 21, 1984, 14 Pa.B. 1390.
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