The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Common carrier—A common carrier by motor vehicle, as defined in 66 Pa.C.S. §  102 (relating to definitions), transporting passengers.

   Contract carrier—A contract carrier by motor vehicle, as defined in 66 Pa.C.S. §  2501 (relating to declaration of policy and definitions), transporting passengers.

   Exclusive service—Transportation on a given trip when the first or principal person, party or group hiring the vehicle has the exclusive right to determine where, when or if another passenger shall be carried on that trip.

   Nonexclusive service—Transportation on a given trip where passengers other than the first or principal person, party or group hiring the vehicle may be carried as permitted by the applicable tariff provisions of the carrier and the rules and regulations governing the class of service under which the vehicle is operating.

   The provisions of this §  29.1 adopted April 15, 1946; amended through February 21, 1966; amended May 25, 1979, effective May 26, 1979, 9 Pa.B. 1670; amended January 23, 1981, effective January 24, 1981, 11 Pa.B. 409. Immediately preceding text appears at serial page (40759).

   Exclusive Service

   Service proposed by Philadelphia Corporation for the Aging for transporting elderly from home to social centers was not ‘‘exclusive service’’ as defined by this section. Professional Paramedical Services, Inc. v. Pennsylvania Public Utility Commission, 525 A.2d 1274 (Pa. Cmwlth. 1987); appeal denied 538 A.2d 879 (Pa. 1988).

Subchapter B. COMMON CARRIERS

PRELIMINARY PROVISIONS

Sec.

§ 29.11. Applicability.

 This subchapter applies to common carriers and is subject to amendment, change, modification or exception as the Commission may deem advisable, just and proper.

   The provisions of this §  29.11 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.

 Common carriers shall comply with applicable provisions of 66 Pa.C.S. § §  101—3515 (relating to Public Utility Code) not specifically referred to in this chapter. Failure of a carrier to comply with this chapter, the terms and conditions of the certificates of public convenience and a Commonwealth or municipal law, ordinance, franchise or regulation governing the operation of motor vehicles, is sufficient cause for the Commission to suspend the right and privilege of the carrier, and to proceed according to statute to revoke and rescind the carrier’s rights and privileges.

 The following standard classification of types of service furnished by common carriers of passengers is adopted, and the following is hereby recognized as a standard class of common carrier service. The rights and conditions pertaining to a standard class of service are specified in Subchapter D (relating to supplemental regulations). A certificated service which does not completely correspond to a standard class may be governed, where practicable, by the regulations for the standard class to which it most nearly corresponds:

   (1)  Scheduled route service. Common carrier service for passengers, rendered on either an exclusive or a nonexclusive basis, wherein the vehicles delivering the service operate according to schedules along designated routes.

   (2)  Call or demand service. Local common carrier service for passengers, rendered on either an exclusive or a nonexclusive basis, where the service is characterized by the fact that passengers normally hire the vehicle and its driver either by telephone call or by hail, or both.

   (3)  Group and party service. Common carrier service for passengers, rendered on an exclusive basis as charter service for groups or rendered on a nonexclusive basis for tour or sightseeing service and special excursion service.

   (4)  Limousine service. Local, nonscheduled common carrier service for passengers rendered in luxury-type vehicles on an exclusive basis which is arranged for in advance.

   (5)  Airport transfer service. Common carrier service for passengers rendered on a nonexclusive basis which originates or terminates at an airport.

   (6)  Other services: paratransit, experimental. Common carrier service for passengers which differs from service as described in any one of the five classes set forth in paragraphs (1)—(5) and is provided in a manner described in the certificate of public convenience of the carrier and is subject to restrictions and regulations are stated in the certificate of the carrier or in this chapter.

   The provisions of this §  29.13 adopted April 15, 1946; amended through February 21, 1966; amended January 23, 1981, effective January 24, 1981, 11 Pa.B. 409; amended June 18, 1982, effective January 16, 1982, 12 Pa.B. 1862.

   Prospective Application

   Where the Commission applied regulations adopted after the issuance of the petitioner’s certificate to operate a limousine service, the Commission did not apply the regulations retroactively, but prospectively to existing certificate holders. Burgit v. Pennsylvania Public Utility Commission, 475 A.2d 1339 (Pa. Cmwlth. 1984).

   The provisions of this §  29.27 adopted April 15, 1946; amended through February 21, 1966; reserved February 25, 1977, effective February 26, 1977, 7 Pa.B. 522. Immediately preceding text appears at serial pages (20798) to (20799).

TRANSFER OF RIGHTS

§ 29.31. Sale or transfer of certificates.

 The approval of the Commission is required for the sale or transfer of a certificate, except as otherwise provided in this chapter. The approval may be granted with or without hearing and after reasonable notice as the Commission may direct.

   The provisions of this §  29.31 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.

   The provisions of this §  29.31 adopted April 15, 1946; amended through February 21, 1966; amended August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181. Immediately preceding text appears at serial page (233125).

   Federal Tax Liens

   Certificates of public convenience have attributes of pecuniary value and transferability and therefore constitute property or a right to property subject to the Federal tax lien statute, 26 U.S.C.A. §  6321. Loma, Inc. v. Pennsylvania Public Utility Commission, 682 A.2d 424 (Pa. Cmwlth. 1996); appeal denied 698 A.2d 597 (Pa. 1992).

   Property

   A certificate of public convenience has the attributes of pecuniary value and transferability and therefore constitutes property or a right to property subject to the Federal tax lien statute. Loma, Inc. v. Pennsylvania Public Utility Commission, 682 A.2d 424 (Pa. Cmwlth. 1996).

   Unopposed Transfers

 Upon the death of a holder of a certificate, or upon an individual certificateholder being legally declared incapacitated, the rights conferred by the certificate shall continue with the legal representative of the deceased or incapacitated holder for 1 year. After the expiration of the 1 year period, appropriate proceedings shall be initiated to terminate the certificate, unless application has been made to transfer the rights to the heirs, guardian, trustees, legatees or others, in which case the rights shall continue with the legal representative until the application is granted or refused. If application is made by the legal representative at least 30 days prior to the end of a period of 1 year, the Commission may, at its discretion and for cause shown, permit the transfer of the rights to the executors, administrators, guardians, trustees or other legal representatives of the deceased or incapacitated holder for a period to be fixed by the Commission. Pertinent orders or decrees of the court having jurisdiction over the estate of the decedent or incapacitated person may be deemed cause for the granting of the petitions by the Commission.

   The provisions of this §  29.32 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.

   The provisions of this §  29.32 adopted April 15, 1946; amended through February 21, 1966; amended August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181. Immediately preceding text appears at serial pages (233125) to (233126).

 If a trustee, receiver, assignee, custodian or similar officer or officers is appointed by a court of competent jurisdiction, or is selected by creditors in accordance with provisions of law, with authority to take or retain possession and to operate the property and business of a certificate holder, the officer shall have authority to perform the service authorized in the certificate of the debtor carrier for a period of 90 days from his appointment or selection. The officer may petition the Commission for authority to conduct the operations for an additional period of time, and the Commission may, for good cause shown, grant authority. If the petition is filed within 90 days of the appointment or selection of the petitioner, he shall have authority to continue the operations pending decision by the Commission on the petition. Pertinent orders or decrees of the court having jurisdiction may be deemed cause for the granting of petitions by the Commission.

   The provisions of this §  29.34 adopted April 15, 1946; amended through February 21, 1966.

 Operations covered by § §  29.32 and 29.34 (relating to death or incapacitation of a certificateholder; and authority of successors by law) are subject to the terms and conditions of the certificate of public convenience and may not be conducted without full insurance coverage on the vehicles.

   The provisions of this §  29.35 adopted April 15, 1946; amended through February 21, 1966.

ACCOUNTS, RECORDS AND REPORTS

§ 29.41. Accounts and records.

 (a)  Common carriers of passengers shall follow generally accepted accounting principles for all accounting and reporting matters.

 (b)  Amounts received as operating subsidies or payments for services rendered from a Federal, State or local governmental agency shall be included in the respective passenger revenue classifications corresponding to the operating authority under which the services were provided, and shall be included in the reporting company’s assessment liability under 66 Pa.C.S. §  510 (relating to assessment for regulatory expenses upon public utilities).

   The provisions of this §  29.41 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.

   The provisions of this §  29.41 adopted April 15, 1946; amended through February 21, 1966; amended August 7, 1976, effective August 8, 1976, 6 Pa.B. 1839; amended October 1, 1976, effective October 2, 1976, 6 Pa.B. 2442; amended December 22, 1989, effective December 23, 1989, 19 Pa.B. 5425; amended August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181. Immediately preceding text appears at serial page (311891).

   The provisions of this §  29.42 adopted April 15, 1946; amended through February 21, 1966; amended August 7, 1976, effective August 8, 1976, 6 Pa.B. 1839; amended December 22, 1989, effective December 23, 1989, 19 Pa.B. 5426; corrected February 16, 1990, effective December 23, 1989, 20 Pa.B. 945; reserved February 6, 1998, effective February 7, 1998, 28 Pa.B. 647. Immediately preceding text appears at serial pages (218735) to (218736).

 A common carrier shall file with the Commission each year an assessment report, on a form provided by the Commission (Form MT—(year)), showing gross Commonwealth intrastate revenues for assessment purposes, such assessment report to be filed by March 31, covering the preceding calendar year under 66 Pa.C.S. §  510 (relating to assessment for regulatory expenses upon public utilities).

   The provisions of this §  29.43 adopted April 15, 1946; amended through February 21, 1966; amended August 7, 1976, effective August 8, 1976, 6 Pa.B. 1839. Immediately preceding text appears at serial page (20802).

 (a)  Accidents involving death of a person. Motor carriers of passengers, operating vehicles with seating capacities of 15 passengers or less, including the driver, shall telephonically notify the Bureau of Transportation and Safety of any accident resulting in the death of a person within 24 hours of the accident. Carriers shall maintain a copy of the police report for 1 year from the date of the accident.

 (b)  Other accidents. For all accidents resulting in the filing of a police report, a motor carrier shall maintain a copy of the police report for 1 year from the date of the accident.

   The provisions of this §  29.44 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.

   The provisions of this §  29.44 adopted April 15, 1946; amended through February 21, 1966; amended June 8, 1984, effective June 9, 1984, 14 Pa.B. 1939; amended May 29, 1987, effective May 30, 1987, 17 Pa.B. 2068; amended December 22, 1989, effective December 23, 1989, 19 Pa.B. 5424; amended August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181. Immediately preceding text appears at serial page (218737).

   The provisions of this §  29.54 adopted April 15, 1946; amended through February 21, 1966; reserved January 23, 1981, effective January 24, 1981, 11 Pa.B. 409. Immediately preceding text appears at serial pages (20804) and (28772).

CONTINUITY OF SERVICE

§ 29.61. Commencement of service.

 A common carrier shall, within 30 days from the date of receipt of a certificate, begin operating and furnishing service. If it has not commenced operating and furnishing the authorized service within 30 days, appropriate proceedings shall be initiated to terminate the certificate unless, upon specific permission granted by the Commission, the time for commencement of service is extended.

   The provisions of this §  29.61 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.

 An interruption of service for more than 48 hours shall be reported to the Commission with a statement of the cause of interruption and its probable duration. Suspension of service for 5 consecutive days without notice to the Commission will be deemed sufficient cause for revocation or cancellation of the rights of the carrier, except if the suspension is caused by strike or labor difficulties, riot, insurrection, war, government decrees or an act of God. An order of revocation will not issue until the carrier is given opportunity for a public hearing on a complaint as to why the rights should not be revoked and cancelled.

   The provisions of this §  29.62 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.

   The provisions of this §  29.62 adopted April 15, 1946; amended through February 21, 1966; amended August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181. Immediately preceding text appears at serial page (218738).

MARKINGS AND POSTING NOTICE

§ 29.71. Marking of vehicles.

 (a)  Identification. A common carrier shall paint or affix on each side of each motor vehicle operated in certificated service by him in letters of at least 2 inches in height and at least 1/2 inch in width, the name or registered insignia, if approved by the Commission, of the carrier and the number of the certificate of public convenience as follows:

 ‘‘Pa.P.U.C. No. A—’’

 (b)  Exceptions.

   (1)  Subsection (a) does not apply to vehicles owned by another carrier which may be used temporarily in situations arising from accident, breakdown or peak demand.

   (2)  Subsection (a) does not apply to vehicles operated in luxury limousine service as provided in §  29.333(c) (relating to vehicle and equipment requirements).

 (c)  Numbers. A common carrier of passengers by taxicab operating more than one taxi shall cause to be painted or affixed a distinguishing number of at least 4 inches in height and at least 1/2 inch in width, in numerical sequence beginning with No. 1, in a conspicuous location on the rear and on each front side where it is clearly distinguishable from the rear and front side of each motor vehicle. If the common carrier operates under the name of an association not certificated by the Commission, there shall also be, in lieu of a separate numbering system, a single numerical sequence for an association and there shall be painted on the taxicab the name of the association, and the sequential number assigned by the association. The association shall supply the Commission with a current listing of the numbers assigned to each certificated carrier.

   The provisions of this §  29.71 amended under 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.

   The provisions of this §  29.71 adopted April 15, 1946; amended February 21, 1966; amended August 6, 1976, 6 Pa.B. 1840; amended July 25, 1997, effective August 25, 1997, 27 Pa.B. 3676. Immediately preceding text appears at serial page (218739).

 If the certificate of a common carrier is cancelled or revoked by the Commission, or if a motor vehicle is removed permanently from service, the carrier shall immediately remove the certificate number from the vehicle.

   The provisions of this §  29.72 adopted April 15, 1946; amended February 21, 1966.

   The provisions of this §  29.81 adopted August 8, 1975, effective August 9, 1975, 5 Pa.B. 2029; reserved August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181. Immediately preceding text appears at serial pages (293974) and (233131).

MISCELLANEOUS PROVISIONS

§ 29.101. Operation of leased equipment.

 (a)  General provisions. General provisions include the following:

   (1)  Common carriers. Common carriers shall operate vehicles in compliance with this title and of the laws of the Commonwealth.

   (2)  Drivers. When used in the authorized service of the lessee, leased vehicles shall be operated by drivers qualified under Subchapter F (relating to driver regulations) when operating vehicles with seating capacities of 15 or less, including the driver, or Chapter 37 (relating to safety code for transportation of property and passengers), when operating vehicles with seating capacities of 16 or more, including the driver.

   (3)  Insurance and registration. Leased vehicles shall be covered by insurance as provided by §  32.11 (relating to passenger carrier insurance) and conform with the requirements for registration of vehicles as set forth in 75 Pa.C.S. § §  101—9910 (relating to the Vehicle Code).

   (4)  Capacity. The operation of leased vehicles may in no event be assumed to permit an increase in the number of vehicles or in the seating capacity of vehicles where so limited by the terms of the certificate.

   (5)  Control. Vehicles shall be owned by or leased by the certificateholder. Operation and service shall be under the direct control and supervision of the certificateholder. A common carrier of passengers may not lease a vehicle to a driver, except as provided in subsection (f), relating to call or demand service.

 (b)  Lease agreements. Lease agreements must conform with the following:

   (1)  Content. Leases of vehicles must be in writing, specifically set forth the terms of the lease including obligations assumed such as maintenance and fuel, compensation, and the duration of the lease, and be executed by the parties or their authorized agents or officers.

   (2)  Copies of lease and distribution. The following applies to copies and distribution of the lease:

     (i)   Preparation. Lease agreements must be prepared in triplicate, the original to be retained by the certificateholder in whose service the equipment is to be operated. The original shall be retained at the principal office of the certificateholder, one copy to be retained by the owner of the equipment, and one copy to be carried on the leased vehicle for the duration of the contract. The certificateholder shall retain leases for 2 years following their expiration date.

     (ii)   Certificates. In lieu of a copy of the lease, a certificate or rental form identifying the leased vehicle shall be carried on the leased vehicle certifying that the equipment is to be operated exclusively in the service of the certificateholder named therein as lessee, the names and addresses of the owner and lessee, the date of the lease, the location of the original lease retained by the certificateholder, and the exact expiration date of the lease. This certificate or rental form shall be certified as true and correct by the certificateholder or an authorized representative.

 (c)  Safety inspection. It is the duty of the certificateholder, before taking possession of equipment, to inspect the equipment or to have the equipment inspected by a person who is competent and qualified to make an inspection as a representative of the carrier to insure that the equipment is in a safe condition to be operated on the highway. The person making the inspection shall certify the results thereof. The certification shall be retained by the certificateholder for at least 1 year. If the inspection discloses that the equipment is not in a safe condition to be operated on the highways, possession thereof may not be taken by the certificateholder.

 (d)  Registration of vehicles. When the Department of Transportation, at the request of the owner, designates the lessee certificateholder as the registrant of the vehicle and the name and address of the lessee are substituted for the address of the lessor, the Commission will approve the registration when the certificate is in good standing, but the approval is effective only for the period during which the lease remains in effect.

 (e)  Identification. If a removable device is used to identify the operating carrier as lessee, the device must be made of durable material securely affixed to the vehicle operated, throughout the duration of the lease. Upon relinquishing possession of the equipment, the certificateholder operating the leased vehicle under this subsection shall remove the legend or removable device displayed on the vehicle.

 (f)  Call or demand. The following applies to call or demand carriers operating leased equipment:

   (1)  A certificateholder may not lease, contract with or make an arrangement with an employee-driver under which the certificateholder is given custody, possession or use of a vehicle owned or leased by the employee-driver or his nominee. For the purpose of this paragraph, a nominee shall include the employee-driver, his spouse, children, parents or a trust for their benefit or an affiliated corporation, partnership or association.

   (2)  The holder of a call or demand certificate may lease vehicles to drivers for operation in the service of the certificateholder only under the following conditions:

     (i)   The leased vehicle shall be operated under the direct control and supervision of the certificateholder.

     (ii)   The driver-lessee of the vehicle and the certificateholder shall be required to keep and retain daily log sheets as prescribed by §  29.313(c) (relating to service standards and requirements).

     (iii)   The certificateholder shall be required to furnish and maintain adequate service to the public which shall be reasonably continuous and without unreasonable interruptions or delays.

     (iv)   The leasing plan of the certificateholder must conform with §  29.315 (relating to alternative forms of compensation).

   The provisions of this §  29.101 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.

   The provisions of this §  29.101 adopted April 15, 1946; amended through February 21, 1966; amended March 18, 1977, effective March 19, 1977, 7 Pa.B. 752; amended January 23, 1981, effective January 24, 1981, 11 Pa.B. 409; amended August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181. Immediately preceding text appears at serial pages (218741) to (218744) and (263615).

 Common carriers shall transport dogs trained for the purpose of guiding blind or deaf persons when accompanying blind or deaf persons paying a regular fare. The dog guides shall be properly leashed and may not occupy a seat in the conveyance.

   The provisions of this §  29.102 adopted April 15, 1946; amended through February 21, 1966; amended April 20, 1984, effective April 21, 1984, 14 Pa.B. 1390; amended November 21, 1986, effective November 22, 1986, 16 Pa.B. 4568. Immediately preceding text appears at serial page (89978).

   Transportation of Guide Dog

   When taxi company alleged improper muzzling of visually handicapped persons guide dog for the first time in its Petition for Review of Public Utility Commission’s order, consideration of that issue is deemed waived in accordance with 1 Pa. Code §  35.213 (relating to effect of failure to except to proposed report); thus, Commission’s order will not be overturned for lack of substantial evidence. Metro Transportation Company v. Pennsylvania Public Utility Commission, 525 A.2d 24, 26 (Pa. Commw. 1987).

 Common carriers are prohibited from marking, painting or designing their vehicles so as to simulate vehicles operated by other carriers within the same local area. The simulation of design or other act intended to invite patronage by deception will be considered sufficient ground for revocation of certificates.

   The provisions of this §  29.103 adopted April 15, 1946; amended through February 21, 1966.

   The provisions of this §  29.104 adopted April 15, 1946; amended through February 21, 1966; amended August 24, 1970, effective August 25, 1970, 1 Pa.B. 224; reserved July 31, 1987, effective August 1, 1987, 17 Pa.B. 3217; corrected November 20, 1987, effective August 1, 1987, 17 Pa.B. 4726. Immediately preceding text appears at serial pages (120420) to (120421). (Editor’s Note: The insurance provisions for common carriers previously contained in this section have been moved to Chapter 32 (relating to motor carrier insurance).)

   Duty to Maintain Insurance

   In the absence of evidence of legislative intent to impose absolute liability on insurers of common carriers, the duty to maintain insurance coverage on vehicles is placed on the transportation company; the insurer is not liable for injuries to a third party resulting from an accident involving a vehicle not covered by the terms of the insurance contract. Czarnecki v. Delco Cab, Inc., 419 A.2d 139 (Pa. Super. 1980).

   Rejection of Insurance

   Taxi company that rejected uninsured motorist coverage in its policies of insurance has by that action chosen to be self-insured for uninsured motorist coverage. Jones v. Travelers Insurance Co., 514 A.2d 576 (Pa. Super. 1986).

   An order conditioning the reinstatement of a cancelled certificate was affirmed where that order merely affirmed an earlier order cancelling the certificate and added conditions for its reinstatement, and where the certificate holder had not timely answered a complaint based upon her failure to provide evidence of insurance and failure to file an annual report, so the facts in that complaint were deemed admitted. De Gregorio v. Pennsylvania Public Utility Commission, 481 A.2d 1241 (Pa. Cmwlth. 1984).

   Retroactive Application

 (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.

   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.

   The following zones will be used in assigning areas in Philadelphia to taxicab, call or demand, certificates under the 40% service requirement at 66 Pa.C.S. §  1103 (relating to procedure to obtain certificates of public convenience):

   (1)  Zone A. All of that territory within the city of Philadelphia lying within the following boundaries: Beginning at the intersection of Schuylkill Expressway and City Line Avenue south and east along the Schuylkill Expressway to its intersection with Girard Avenue, west on Girard Avenue to 34th Street, thence south on 34th Street to its intersection with South Street, thence east on South Street to the Delaware River, continuing along the Delaware River to its intersection with the Schuylkill River, thence north along the Schuylkill River to Penrose Avenue, thence south on Penrose Avenue to Interstate 95, thence along Interstate 95 to its intersection with Lindberg Boulevard, thence north on Lindberg Boulevard to its intersection with Cobbs Creek Parkway, thence along Cobbs Creek Parkway to its intersection with City Line Avenue, thence north to its place of beginning.

   (2)  Zone B. All of that portion of the city of Philadelphia which lies within the following boundaries: Beginning at the intersection of Front Street and Spring Garden Street, thence west on Spring Garden Street to the Schuylkill River, thence north along the Schuylkill River to the city boundary, continuing along the city boundary to its intersection with Front Street, thence south on Front Street to the place of beginning.

   (3)  Zone C. All of that portion of the city of Philadelphia which lies within that area east of Front Street as it extends from Spring Garden Street to Cheltenham Avenue and west of the Delaware River from Spring Garden Street north to the city boundary.

   The provisions of this §  29.106 issued under the Public Utility Code, 66 Pa.C.S. § §  331, 501, 1102 and 1103.

   The provisions of this §  29.106 adopted March 18, 1977, effective March 19, 1977, 7 Pa.B. 751; reserved November 2, 1979, effective November 3, 1979, 9 Pa.B. 3645; amended August 1, 1980, effective August 2, 1980, 10 Pa.B. 3188; amended February 17, 1984, effective February 18, 1984, 14 Pa.B. 543. Immediately preceding text appears at serial pages (59632) to (59634).

Subchapter C. CONTRACT CARRIERS

Sec.

§ 29.111. Accounts, records and memoranda.

 (a)  A contract carrier shall keep complete and accurate accounts, records and memoranda of the movement of traffic, of the receipts and expenditures of money, of revenues and income earned, of expenses incurred, of the cost of property and other assets, of the amounts of debts and obligations, and of every other pertinent matter and thing; and shall preserve the accounts, records and memoranda until the destruction or other disposition of the same is authorized by the Commission.

 (b)  A contract carrier shall comply with § §  29.41, 29.44 and 29.101—29.103.

   The provisions of this §  29.111 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.

   The provisions of this §  29.111 adopted April 15, 1946; amended through February 21, 1966; amended May 25, 1979, effective May 26, 1979, 9 Pa.B. 1670; amended December 22, 1989, effective December 23, 1989, 19 Pa.B. 5424; amended August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181. Immediately preceding text appears at serial pages (263618) to (263619).

Subchapter D. SUPPLEMENTAL REGULATIONS

Sec.

   The provisions of this §  29.123 adopted April 15, 1946; amended through February 21, 1966; reserved January 23, 1981, effective January 24, 1981, 11 Pa.B. 409. Immediately preceding text appears at serial page (48989).

   Type of Vehicle

   The provisions of this §  29.125 adopted April 15, 1946; amended through February 21, 1966; reserved January 23, 1981, effective January 24, 1981, 11 Pa.B. 409. Immediately preceding text appears at serial page (20811).

   Group Riding

   The provisions of this §  29.130 adopted April 15, 1946; amended through February 21, 1966; reserved January 23, 1981, effective January 24, 1981, 11 Pa.B. 409. Immediately preceding text appears at serial pages (20812) and (28776).

   The provisions of this §  29.131 adopted April 15, 1946; amended through February 21, 1966; reserved January 23, 1981, effective January 24, 1981, 11 Pa.B. 409. Immediately preceding text appears at serial pages (28778) to (28779).

   Group Riding

   The provisions of this §  29.137 adopted April 15, 1946; amended through February 21, 1966; amended October 14, 1977, effective October 15, 1977, 7 Pa.B. 3083; corrected at 7 Pa.B. 3199; reserved January 23, 1981, effective January 24, 1981, 11 Pa.B. 409. Immediately preceding text appears at serial page (52613) to (52614) and (48991).

SCHEDULED ROUTE SERVICE

§ 29.301. Conditions.

 This section and § §  29.302—29.305 (relating to scheduled route service) apply to operations in the scheduled route class of common carriage. This section and § §  29.302—29.305 apply in addition to relevant provisions of Subchapters A, B, E and F, as well as particular provisions contained in each certificate of a carrier.

   The provisions of this §  29.301 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.

   The provisions of this §  29.301 adopted January 23, 1981, effective January 24, 1981, 11 Pa.B. 409; amended August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181. Immediately preceding text appears at serial page (263624).

 (a)  Scheduled routes. Unless otherwise specifically provided in the certificate, a common carrier operating a scheduled route service shall have the right to pick up and discharge persons at a point along the route authorized by the certificate.

 (b)  Route deviations. No scheduled route carrier may deviate from its designated route unless specifically authorized to do so by its certificate.

 (c)  Route consolidation. No scheduled route common carrier operating over two or more routes under certificates of public convenience approved separately may consolidate its routes, or any two of them, thereby furnishing through service without change of vehicle, unless specific authority therefor has been granted by the Commission.

 (d)  Emergency digressions. Digressions from published routes under conditions of emergency may not be construed as being in violation of this section.

   The provisions of this §  29.302 adopted January 23, 1981, effective January 24, 1981, 11 Pa.B. 409.

 (a)  Time schedules. Common carriers providing scheduled route service shall file with the Commission two copies of time schedules applicable to the service at least 10 days prior to the effective date thereof. Printed time schedules and information with respect thereto shall be made available to the public upon a reasonable request.

 (b)  Notice of schedule changes. Notice of proposed changes in routes or in time schedules involving retiming or withdrawal of a trip shall be conspicuously posted in vehicles engaged in services affected by the changes and at stations and stops where practicable, for at least 10 days prior to the effective date thereof. Notice of any changes shall be provided to the Commission, in writing, 10 days prior to implementation. This section relating to changes in time schedules does not apply to that portion of the service that is and will continue to be rendered on headways of 20 minutes or less.

 (c)  Unexpected demands. Changes in time schedules to meet unexpected changes in traffic demands such as might occur upon changes in shift periods of industrial establishments, changes in school periods, or similar conditions which prevent prior notice of digression will not be construed as being in violation of this section.

 (d)  Supplementary service. Nothing in this section may be construed to prevent the rendition of additional or supplementary service without prior notice, on any part of a scheduled route, to meet varying traffic demands.

   The provisions of this §  29.303 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.

   The provisions of this §  29.303 adopted January 23, 1981, effective January 24, 1981, 11 Pa.B. 409; amended August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181. Immediately preceding text appears at serial page (218755).

 A scheduled route service may be operated only in vehicles with seating capacities of six passengers or greater, excluding the driver.

   The provisions of this §  29.304 adopted January 23, 1981, effective January 24, 1981, 11 Pa.B. 409.

 The rates charged and collected shall be contained in a tariff filed, posted and published in accordance with law and this title.

   The provisions of this §  29.305 adopted January 23, 1981, effective January 24, 1981, 11 Pa.B. 409.

 To provide passengers with the necessary information to file a complaint, scheduled route carriers shall post a Commission-issued complaint decal in a conspicuous location inside the vehicle which lists the telephone number and website to be used to lodge a complaint or provide the following notice on the receipt for service:

 For complaints and information, contact the Pennsylvania Public Utility Commission at (800) 782-1110 or at www.state.pa.us. Include the company name and A-# for all complaints.

   The provisions of this §  29.306 issued under the Public Utility Code, 66 Pa.C.S. § §  501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.

   The provisions of this §  29.306 adopted August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181.

CALL OR DEMAND SERVICE

§ 29.311. Conditions.

 This section and § §  29.312—29.316 (relating to call or demand service) apply only to operations in the ‘‘call or demand’’—taxi—class of common carriage. These sections apply in addition to relevant provisions of Subchapters A, B, E and F, as well as particular provisions contained in each certificate of a carrier.

   The provisions of this §  29.311 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.

   The provisions of this §  29.311 adopted January 23, 1981, effective January 24, 1981, 11 Pa.B. 409; amended August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181. Immediately preceding text appears at serial page (218756).

 Unless otherwise specifically provided in the certificate of public convenience, a common carrier operating a call or demand service shall have the rights and be subject to the conditions as follows:

   (1)  General. Vehicles engaged in call or demand service may transport persons on request, on an exclusive basis, or on a nonexclusive basis.

   (2)  Noninterference with scheduled service. When offering nonexclusive call or demand service, owners and drivers of vehicles shall be prohibited from permitting or causing the vehicle to be operated on a fixed time schedule over a route of a scheduled route carrier or a public transit system so as to pass specific points in a regular manner, at regular intervals, for the purpose of picking up passengers unless that route is not then in operation. The purpose of this paragraph is to prohibit call or demand operations from interfering with scheduled service.

   (3)  Unauthorized persons forbidden in exclusive service. Whenever a call or demand vehicle is occupied by a fare-paying passenger or by members of a party of fare-paying passengers who have engaged the vehicle on an exclusive basis, the driver of the vehicle may not permit another person to occupy or ride in the vehicle, unless the consent of the party then occupying the vehicle is obtained.

   (4)  Territorial restrictions, exclusive service. When engaged in service on an exclusive basis, a call or demand vehicle may transport persons:

     (i)   In the area authorized by the certificate.

     (ii)   From a point in the area authorized by the certificate to a point in this Commonwealth.

     (iii)   From a point in this Commonwealth to a point in the area authorized by the certificate, provided that the request for the transportation is received in the area authorized by the certificate.

   (5)  Territorial restrictions, nonexclusive service. When engaged in service on a nonexclusive basis, a call or demand vehicle may transport persons as follows:

     (i)   In the area authorized by the certificate.

     (ii)   From the area authorized by the certificate to a point in this Commonwealth within an airline distance of 5 statute miles from the boundary of the area authorized by the certificate.

     (iii)   From a point within the 5-mile region referred to in subparagraph (ii) to a point within the area authorized by the certificate, provided that the request for the transportation is received in the area authorized by the certificate.

   (6)  Service in unauthorized territory. Call or demand service between points outside authorized territory may not be validated by the subterfuge of routing the vehicle through authorized territory. An operator may not attempt to evade a restriction attaching to his operating rights by encouraging or causing the passengers to make a theoretical or actual fare-paying break in a trip by routing it through authorized territory.

   (7)  Requirement to offer exclusive service. A call or demand certificate holder shall at least offer exclusive service unless its certificate provides otherwise.

   The provisions of this §  29.312 adopted January 23, 1981, effective January 24, 1981, 11 Pa.B. 409.

   The question of whether a taxicab was being used for business purposes was tied to whether a proper fare was arranged and also whether the trip involved may have violated the territorial restrictions on service set forth in the company’s PUC license. Guaranty National Insurance v. Chester County Housing Authority, 714 F. Supp. 747 (1989).

 (a)  Required to provide service. A driver of a call or demand vehicle shall, at all times when on duty and not engaged, furnish trip service on demand to an orderly person for lawful purposes.

 (b)  Shortest route to be followed. A driver of a call or demand vehicle shall transport passengers to their destinations by the shortest practical route, unless directed by a passenger to take a different route.

 (c)  Log sheets. A driver of a vehicle in call or demand service shall keep a log sheet or manifest for each shift he operates unless some other method is, upon petition, specifically approved by the Commission. These log sheets shall be filled out contemporaneously with the trip, on a form supplied by the certificateholder. The log sheets shall be retained by the certificateholder for at least 2 years. Log sheets may be retained in electronic format. Log sheets, or comparable printouts from an electronic storage device, shall be turned over upon request to an authorized representative of the Commission upon the rendering of a receipt. Drivers shall fill out the log sheets with the following information:

   (1)  The date.

   (2)  The time he commenced the shift and the time he ended the shift and ceased driving.

   (3)  The vehicle identification number.

   (4)  The times and places of origin and destination of each trip including the odometer or meter mileage at the origin and destination of each passenger trip. Origin and destination places shall contain a street name and address or, if unavailable, an identifiable landmark.

   (5)  The number of passengers and the fare collected on each trip, indicating separately each fare collected from each passenger or party of passengers sharing the ride.

   (6)  Each trip on which packages were delivered and the charge for the trip.

   (7)  The meter readings at the beginning and end of each shift, if applicable.

   (8)  The name and number of the driver.

   (9)  The signature of the driver attesting to the accuracy of the data recorded.

   (10)  Other information as may be required by this title.

 (d)  Baggage. No charge may be made by a certificateholder or driver for a hand baggage or hand luggage carried by a fare-paying passenger.

 (e)  Expressage. The driver may carry packages or parcels when the merchandise is accompanied by a passenger but shall refuse to carry the packages or parcels when the contents cause the vehicle to become stained or evil smelling. Nothing contained in this subsection may be interpreted as permitting the hiring of vehicles for expressage purposes only unless the rights are specifically included in a certificate held by the carrier.

 (f)  Fare receipts. The driver of a call or demand vehicle shall, if requested, deliver to the person paying for hire of the same, at the time of payment, a correct receipt therefor. Upon this receipt shall be legibly printed or written the name of the carrier, a method of identifying the vehicle and its driver, items for which a charge is made, the total amount paid and the date of payment. A certificateholder shall supply each of its drivers with blank receipts assembled in book form.

   The provisions of this §  29.313 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.

   The provisions of this §  29.313 adopted January 23, 1981, effective January 24, 1981, 11 Pa.B. 409; amended August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181. Immediately preceding text appears at serial pages (218758) and (263627).

   Log Sheets

   In holding that reduction of a fine was out of the Court’s scope of review, the Court noted that the log requirements for call or demand service may now be found at 52 Pa. Code §  29.313(c). Radell v. Pennsylvania Public Utility Commission, 459 A.2d 887 (Pa. Cmwlth. 1983).

 (a)  Seating capacity. A call or demand service may be operated only in vehicles with seating capacities of eight passengers or less, excluding the driver.

 (b)  Meters. Meters must conform with the following requirements:

   (1)  A call or demand vehicle operated within this Commonwealth shall be equipped with a meter.

   (2)  The meter shall be installed in the front of the vehicle so that, at all times, it is plainly visible to and the fare is readily ascertainable by all occupants of the vehicle. The face of the meter must be properly illuminated at all times.

   (3)  No meter affixed to a vehicle may be operated from a drive other than the transmission of the vehicle unless some other method is, upon petition, specifically approved by the Commission.

   (4)  Unless otherwise permitted by the Commission, the meter and meter driving equipment must be sealed so that the meter case, meter driving equipment or additional gear boxes, if any, cannot be disconnected without breaking a seal.

   (5)  The responsibility for sealing the meter and appurtenant equipment and for maintaining the seals intact while the vehicle is in operation lies with the certificateholder.

   (6)  It is the responsibility of the certificateholder to cause the meters to be so regulated that the fare is be calculated and registered in accordance with the current tariff rates on file with and approved by the Commission.

   (7)  The meter must be in operation during the entire time the vehicle is engaged by a passenger, and the passenger shall be required to pay only the amount recorded by the meter, except that, when back-mileage or surcharge provisions of the tariff of the carrier apply, the back-mileage charge or surcharge shall be added to the amount recorded by the meter. Each meter charge shall be collected only once regardless of whether the vehicle is being used in exclusive service or in nonexclusive service.

   (8)  Paragraph (7) does not apply when the filed tariff provides for a flat rate in lieu of a metered charge for transportation beyond a certain mileage point or for a zone-based fare structure. This provision is invalid after January 1, 2007.

 (c)  Vehicle list. Between December 1 and December 31 of each year, carriers shall provide the Commission with a current list of all vehicles utilized under its call or demand authority. The list must contain the year, make, vehicle identification number and registration number for each vehicle. The list shall be mailed to Director, Bureau of Transportation and Safety, Pennsylvania Public Utility Commission, Post Office Box 3265, Harrisburg, Pennsylvania 17105-3265.

 (d)  Vehicle age. Unless otherwise permitted by the Commission, a vehicle may not be operated in call and demand service which is more than 8 model years old. For example, the last day on which a 1996 model year vehicle may be operated in taxi service is December 31, 2004. This provision is effective after August 6, 2007.

 (e)  Dome lights. Unless otherwise permitted by the Commission, vehicles operated by call and demand carriers must have a dome light affixed to the roof of the vehicle. The dome light shall be visible from a distance of 100 feet from the front and rear of the vehicle. The dome light shall be illuminated only when a customer does not occupy the vehicle.

   The provisions of this §  29.314 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.

   The provisions of this §  29.314 adopted January 23, 1987, effective January 24, 1987, 11 Pa.B. 409; amended August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181. Immediately preceding text appears at serial pages (263627) to (263628).

   Technical Fitness

   Substantial evidence supported the Commission’s findings and conclusions in regard to technical and financial fitness in granting the common carrier application even though loan applications and some equipment purchases were still pending. Yellow Cab Co. v. Pennsylvania Public Utility Commission, 673 A.2d 1015 (Pa. Cmwlth. 1996).

 (a)  Certificateholders’ plans for alternative forms of compensation for call or demand drivers, as permitted by §  29.101 (relating to operation of leased equipment), must conform with the following conditions:

   (1)  The certificateholder shall at all times own the vehicles or lease them from a nondriver owner pursuant to equipment leasing procedures authorized by this chapter.

   (2)  The certificateholder shall be responsible for providing and maintaining insurance as required by §  32.11 (relating to passenger carrier insurance).

   (3)  The certificateholder shall comply with Subchapters E and F (relating to vehicle equipment and inspection; and driver regulations).

   (4)  Vehicles shall be kept at specifically designated garages or parking locations when they are not being used in the public service.

   (5)  The certificateholder shall ensure that drivers adhere to regular shifts of operation and utilize disciplinary procedures for drivers who fail to adhere to these shifts.

   (6)  The certificateholder shall require a stated payment from drivers for use of the vehicles and shall permit drivers to keep all revenues and gratuities in excess of this stated payment.

   (7)  For those certificateholders utilizing radio dispatching, the vehicles they operate shall be radio-dispatched. The certificateholder shall ensure that drivers answer radio dispatches promptly and utilize disciplinary procedures for drivers who fail to answer radio dispatches.

   (8)  The certificateholder shall be responsible for daily supervision of drivers and utilize disciplinary procedures for drivers who fail to comply with applicable laws, including this title.

 (b)  Certificateholders whose plans for alternative forms of driver compensation do not conform with the conditions in subsection (a) shall submit plans to the Commission for review 30 days in advance of a proposed starting date. Review will include but will not necessarily be limited to the factors enumerated in subsection (a).

 (c)  In all alternative forms of compensation for drivers, whether authorized by this section or by order of the Commission, the certificateholder and driver shall comply with §  29.317 (relating to accounting requirements for alternative forms of compensation for drivers).

   The provisions of this §  29.315 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.

   The provisions of this §  29.315 adopted January 23, 1981, effective January 24, 1981, 11 Pa.B. 409; amended 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 (263628) and (218761).

   In holding that reduction of a fine was out of the Court’s scope of review, the Court noted that the provision requiring a cab owner to keep the vehicle in a safe and orderly condition may now be found at 52 Pa. Code §  29.315(c). Radell v. Pennsylvania Public Utility Commission, 459 A.2d 887 (Pa. Cmwlth. 1983).

 (a)  Charges. Every call or demand carrier shall charge according to its tariffs filed, posted and published in accordance with law and this title:

   (1)  The amount as is calculated and registered on the meter.

   (2)  When authorized by the tariff, a fixed amount for the trip or the amount shown to be due on the meter plus a surcharge. This provision is invalid after January 1, 2007.

   (3)  When authorized by the tariff, a charge tabulated according to the zones entered in the course of the trip. This provision is invalid after January 1, 2007.

 (b)  Zone tariff requirements. If the rates of fare specified in the tariff of the certificateholder are calculated according to the zones entered in the course of the trip: a map of the service territory on which each zone is delineated and in which the cost calculations for trips are described shall be available in the vehicle for the passenger to examine, and a representative of the certificateholder shall be available to quote to the passenger in advance the estimated cost of the particular trip of the passenger. This provision is invalid after January 1, 2007.

 (c)  Posting of fare rate. Every operator of a call or demand service with fares based on a meter or flat rate shall post the rates of fare in a conspicuous place in each of its vehicles.

 (d)  Full fare information about alternative services. When a customer requests call or demand service from a certificateholder who offers service under tariffs authorizing both exclusive and nonexclusive services: the dispatcher shall, if requested by the customer, quote to the customer the estimated fare for the trip of the customer as priced under both of these two alternative services, considering the number of people in the traveling group of the customer; and the dispatcher shall explain to the customer, if necessary, the difference in these two types of service.

   The provisions of this §  29.316 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.

   The provisions of this §  29.316 adopted January 23, 1981, effective January 24, 1981, 11 Pa.B. 409; amended August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181. Immediately preceding text appears at serial pages (218761) to (218762).

 (a)  Revenues.

   (1)  Metered rates.

     (i)   Log sheets required to be prepared under §  29.313(c) (relating to service standards and requirements) shall be signed by the lease driver, independent contractor or another designation of a person not an employee-driver of a call or demand certificateholder—lease driver—and turned in to an authorized employee. The employee shall sign and retain a log sheet and attest to the signature of the driver who is responsible as to the accuracy of the revenues reported, which agrees with the information shown on the sealed meter at the end of a shift.

     (ii)   It is the responsibility of the certificateholder to ensure that appropriate information from the log sheets is properly and correctly recorded under § §  29.41 and 29.43 (relating to accounts and records; and assessment reports).

   (2)  Zoned rates and flat rates. The requirements of paragraph (1) except for meter verification are applicable when the fare is based on zones entered in the course of the trip or on flat rates. This provision is invalid after January 1, 2007.

 (b)  Expenses.

   (1)  A copy of receipts relative to operating expenses incurred to keep the vehicle in operating condition shall be given to the certificateholder by a lease driver.

   (2)  It is the responsibility of the certificateholder to insure that reported expenses are properly and correctly recorded in the accounting records required by the Commission at §  29.41.

 (c)  Reporting. At the end of a calendar year, the certificateholder shall supply a lease driver, upon request, with a statement of operating revenues and operating expenses based on the information supplied as required by subsections (a) and (b). The statement may be provided during the calendar year when appropriate.

   The provisions of this §  29.317 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.

   The provisions of this §  29.317 adopted September 10, 1982, effective September 11, 1982, 12 Pa.B. 3091; amended August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181. Immediately preceding text appears at serial pages (218762) and (263629).

 To provide passengers with the necessary information to file a complaint, taxicabs must display a Commission-issued complaint decal which lists the telephone number and web site to be used to lodge a complaint. The decal shall be posted on the inside of the right rear window of the vehicle, along the bottom edge.

   The provisions of this §  29.318 issued under the Public Utility Code, 66 Pa.C.S. § §  501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.

   The provisions of this §  29.318 adopted August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181.

GROUP AND PARTY SERVICE

§ 29.321. Conditions.

 This section and § §  29.322—29.324 (relating to group and party service) apply to operations in the group and party class of common carriage. These sections apply in addition to relevant provisions of Subchapters A and B (relating to general provisions; and common carriers) as well as particular provisions contained in a certificate of a carrier.

   The provisions of this §  29.321 adopted January 23, 1981, effective January 24, 1981, 11 Pa.B. 409.

   Violation

   The Commission’s determination that proposal did not violate this section and § §  29.311—29.324 was supported by substantial evidence, and was a matter of regulatory interpretation. Professional Paramedical Services, Inc. v. Pennsylvania Public Utility Commission, 525 A.2d 1274 (Pa. Cmwlth. 1987); appeal denied 538 A.2d 879 (Pa. 1988).

 Unless otherwise specifically provided in the certificate of public convenience, a common carrier operating group and party service shall have the following rights and be subject to the conditions as follows:

   (1)  A group and party carrier may provide the services listed in this paragraph in the area authorized by its certificate except where limited by specific restrictions in its certificate:

     (i)   Charter service. This service shall be limited to the transportation of groups and parties of persons the charge for which is based upon the transportation of a group and not upon the number of persons carried and for which payment is made by a single individual or organization and not by the passengers as individuals.

     (ii)   Tour or sightseeing service. This service shall include tours and sightseeing trips on which the general public is invited: limited to trips which originate and terminate at the same point, on which advertised stops are made for sightseeing or recreational purposes, and for which each passenger pays the rate contained in the filed tariff. The charge for the trip may be for transportation alone or may include meals, hotel expenses and admission charges to points of interest.

     (iii)   Special excursions. This service shall be limited to advertised trips to a definite destination on which trips the general public is invited and for which transportation a passenger pays the rate contained in the filed tariff.

   (2)  If there is a direct or connecting service rendered by a single scheduled route carrier or a public transit system between the points of origin and destination of a contemplated special excursion or between the point of origin and a stop of a sightseeing trip, the contemplated service may not be rendered by other than the carrier unless a special permit has been obtained from the Commission. Requests for special permits shall be made to the Commission, and a copy thereof shall be served upon the carrier concerned, not less than 7 days before the date set for the trip. For purposes of this paragraph, a carrier shall be considered to be rendering direct or connecting service if it has a scheduled stop in the municipality where the trip is to originate and within 1/2 mile of the actual point of destination.

   The provisions of this §  29.322 adopted January 23, 1981, effective January 24, 1981, 11 Pa.B. 409.

   Violation

   The Commission’s determination that proposal did not violate this section and § §  29.321, 29.323 and 29.324 was supported by substantial evidence, and was a matter of regulatory interpretation. Professional Paramedical Services, Inc. v. Pennsylvania Public Utility Commission, 525 A.2d 1274 (Pa. Cmwlth. 1987); appeal denied 538 A.2d 879 (Pa. 1988).

 A group and party service may be operated only in vehicles with seating capacities of ten passengers or greater, excluding the driver.

   The provisions of this §  29.323 adopted January 23, 1981, effective January 24, 1981, 11 Pa.B. 409.

   Violation

   The Commission’s determination that proposal did not violate this section and § §  29.321, 29.322 and 29.324 was supported by substantial evidence, and was a matter of regulatory interpretation. Professional Paramedical Services, Inc. v. Pennsylvania Public Utility Commission, 525 A.2d 1274 (Pa. Cmwlth. 1987); appeal denied 538 A.2d 879 (Pa. 1988).

 The rates charged and collected shall be contained in the tariff filed, posted and published under the statute and this title.

   The provisions of this §  29.324 adopted January 23, 1981, effective January 24, 1981, 11 Pa.B. 409.

   Violation

   The Commission’s determination that proposal did not violate this section and § §  29.231—29.233 was supported by substantial evidence, and was a matter of regulatory interpretation. Professional Paramedical Services, Inc. v. Pennsylvania Public Utility Commission, 525 A.2d 1274 (Pa. Cmwlth. 1987); appeal denied 538 A.2d 879 (Pa. 1988).

   This section cited in 52 Pa. Code §  29.321 (relating to conditions); and 52 Pa. Code §  29.353 (relating to method of operation in paratransit service).

LIMOUSINE SERVICE

 This section and § §  29.332—29.335 (relating to limousine service) apply to operations in the limousine class of common carriage. These sections apply in addition to relevant provisions of Subchapters A, B, E and F, as well as a particular provision contained in a certificate of a carrier.

   The provisions of this §  29.331 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.

   The provisions of this §  29.331 adopted January 23, 1981, effective January 24, 1981, 11 Pa.B. 409; amended November 29, 1996, effective January 29, 1997, 26 Pa.B. 5812; amended August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181. Immediately preceding text appears at serial pages (279214).

 Unless otherwise specifically provided in the certificate of public convenience, a common carrier operating limousine service shall have the rights and be subject to the conditions as follows:

   (1)  To transport persons on an exclusive basis between points as authorized by the certificate, if the order for service is received in advance of the actual rendering of service and not by street hail.

   (2)  To charge for service based upon use of a limousine with payment made by a single person or organization and not by passengers as individuals.

   (3)  Direct, in-person solicitation of a passenger by the driver or a representative of the driver or carrier, is prohibited.

   The provisions of this §  29.332 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.

   The provisions of this §  29.332 adopted January 23, 1981, effective January 24, 1981, 11 Pa.B. 409; amended August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181. Immediately preceding text appears at serial pages (279214) to (279215).

   Where evidence presented at hearing prior to issuance of certificate indicated services offered would be similar to those subsequently defined in regulation as ‘‘airport transfer service,’’ the fact that the certificate referred to ‘‘limousine service’’ did not mean that certificate holder was limited to providing services subsequently defined by regulation as ‘‘limousine services.’’ Limelight Limousine, Inc. v. Pennsylvania Public Utility Commission, 509 A.2d 1364 (Pa. Cmwlth. 1986).

 (a)  Limousine service may be operated only in luxury type vehicles with seating capacities of ten passengers or less, excluding the driver.

 (b)  Luxury type vehicles are vehicles manufactured or subsequently modified so that they have physical configurations and accessory features that are not considered as being ordinary, standard or commonplace in lower to moderately priced vehicles. Luxury type vehicles are intended to afford patrons a higher level of service and comfort than are ordinarily available in call or demand, paratransit and airport transfer services. To qualify as a luxury type vehicle, a vehicle must have at a minimum: air conditioning, AM/FM stereo radio, deluxe leather or deluxe fabric upholstery, deluxe wheels or wheel covers, four doors and a wheelbase of at least 109 inches. Other amenities which limousine service might afford are CD changer, internet access, reading lights, work desk or table, cellular phone, refrigerator, television, VCR, DVD player, extended wheelbase and privacy dividers.

 (c)  Section 29.71(a) (relating to marking of vehicles) does not apply to luxury type vehicles engaged in limousine service under this section and § §  29.331, 29.332, 29.334 and 29.335 (relating to limousine service).

 (d)  Vehicle list. Between December 1 and December 31 of each year, carriers shall provide the Commission with a current list of all vehicles utilized under its limousine authority. The list must contain the year, make, vehicle identification number and registration number for each vehicle. The list shall be mailed to Director, Bureau of Transportation and Safety, Pennsylvania Public Utility Commission, Post Office Box 3265, Harrisburg, Pennsylvania 17105-3265.

 (e)  Vehicle age. Unless otherwise permitted by the Commission, a vehicle may not be operated in limousine service which is more than 8 model years old. For example, the last day on which a 1996 model year vehicle may be operated in limousine service is December 31, 2004. This provision is effective August 6, 2007.

   The provisions of this §  29.333 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.

   The provisions of this §  29.333 adopted January 23, 1981, effective January 24, 1981, 11 Pa.B. 409; amended November 20, 1987, effective November 21, 1987, 17 Pa.B. 4726; amended November 29, 1996, effective January 29, 1997, 26 Pa.B. 5812; amended August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181. Immediately preceding text appears at serial page (279215).

 Limousine rates shall be based solely on time, and shall be contained in a tariff filed, posted and published under statute and this title. The use of meters is prohibited. The initial time period and each subsequent increment must be at least 30 minutes.

   The provisions of this §  29.334 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.

   The provisions of this §  29.334 adopted January 23, 1981, effective January 24, 1981, 11 Pa.B. 409; amended August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181. Immediately preceding text appears at serial pages (279215) to (279216).

 (a)  A driver of a luxury type vehicle engaged in providing limousine service shall have a trip sheet in the vehicle evidencing that the vehicle is in service. The trip sheet must contain the following information:

   (1)  The date of service.

   (2)  The name and certificate number of the carrier.

   (3)  The name of the engaging person or organization.

   (4)  The service being provided and corresponding rate charged.

   (5)  The origin and intended destination.

   (6)  The starting time and length of time for which the vehicle has been reserved.

 (b)  At the conclusion of the trip, the driver shall record the ending time on the trip sheet.

 (c)  The trip sheet shall be retained by the certificateholder for a minimum of 1 year. Copies of the documents may be required to be submitted in support of carrier proposed tariff rate increases in addition to other documentation required in §  23.64 (relating to data required in filing increases in operating revenues).

   The provisions of this §  29.335 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.

   The provisions of this §  29.335 adopted November 29, 1996, effective January 29, 1997, 26 Pa.B. 5812; amended August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181. Immediately preceding text appears at serial page (279216).

 To provide passengers with the necessary information to file a complaint, limousine carriers shall post, a Commission-issued complaint decal in a conspicuous location inside the vehicle which lists the telephone number and website to be used to lodge a complaint, or provide the following notice on the receipt for service or service contract:

 For complaints and information, contact the Pennsylvania Public Utility Commission at (800) 782-1110 or at www.state.pa.us. Include the company name and A-# for all complaints.

   The provisions of this §  29.336 issued under the Public Utility Code, 66 Pa.C.S. § §  501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.

   The provisions of this §  29.336 adopted August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181.

AIRPORT TRANSFER SERVICE

§ 29.341. Conditions.

 This section and § §  29.342—29.343 (relating to airport transfer service) apply to operation in the airport transfer, airport limousine, class of common carriage. These provisions apply in addition to relevant provisions of Subchapters A, B, E and F, as well as particular provisions contained in a certificate of a carrier.

   The provisions of this §  29.341 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.

   The provisions of this §  29.341 adopted January 23, 1981, effective January 24, 1981, 11 Pa.B. 409; amended August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181. Immediately preceding text appears at serial pages (263635).

 Unless otherwise specifically provided in the certificate of public convenience, a common carrier operating airport transfer service shall have rights and be subject to conditions as follows:

   (1)  To transport persons on a nonexclusive, individual charge basis from points authorized by the certificate to the airport specified by the certificate, and vice versa.

   (2)  Airport transfer service may be offered on a scheduled basis serving specified points according to a published time schedule or on a request basis with the origin or destination of the transportation to or from the airport arranged between the individual and the carrier, or on both bases. A material change in a time schedule shall be posted at terminals and in vehicles engaged in service affected by the change for a period of not less than 7 days prior to the effective date of the change.

   The provisions of this §  29.342 adopted January 23, 1981, effective January 24, 1981, 11 Pa.B. 409.

   Airport Transfer Service

   Where evidence presented at hearing prior to issuance of certificate indicated services offered would be similar to those subsequently defined in regulation as ‘‘airport transfer service,’’ the fact that the certificate referred to ‘‘limousine service’’ did not mean that certificate holder was limited to providing services subsequently defined by regulation as ‘‘limousine services.’’ Limelight Limousine, Inc. v. Pennsylvania Public Utility Commission, 509 A.2d 1364 (Pa. Cmwlth. 1986).

 An airport transfer carrier operating on a scheduled basis shall file with its tariff a copy of the schedule indicating the points served. Rates shall be based on provisions contained in tariffs filed, posted and published under statute and this title.

   The provisions of this §  29.343 adopted January 23, 1981, effective January 24, 1981, 11 Pa.B. 409.

 To provide passengers with the necessary information to file a complaint, airport transfer carriers shall post a Commission-issued complaint decal in a conspicuous location inside the vehicle which lists the telephone number and website to be used to lodge a complaint or provide the following notice on the receipt for service:

 For complaints and information, contact the Pennsylvania Public Utility Commission at (800) 782-1110 or at www.state.pa.us. Include the company name and A-# for all complaints.

   The provisions of this §  29.344 issued under the Public Utility Code, 66 Pa.C.S. § §  501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.

   The provisions of this §  29.344 adopted August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181.

OTHER SERVICES: PARATRANSIT, EXPERIMENTAL

§ 29.351. Conditions.

 This section and § §  29.352—29.355 (relating to other services: paratransit, experimental) apply to operations conducted under certificates granting paratransit or experimental rights. These provisions apply in addition to relevant provisions of Subchapters A, B, E and F, as well as particular provisions contained in a certificate of a carrier.

   The provisions of this §  29.351 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.

 In order to advance and promote the public necessity, safety and convenience, the Commission may, upon application, grant a new certificate or an amendment to an existing certificate in order to allow to be provided a new, innovative or experimental type or class of common carrier service. An application for a certificate or amendment shall state that it is an application for an experimental service. Holders of experimental certificates shall abide by this chapter except those which the Commission shall explicitly state do not apply. Holders of experimental certificates shall abide by an additional regulations or requirements, including informational and reporting requirements, which the Commission shall stipulate upon granting the certificate. A certificate for experimental service shall be valid only until the service is abandoned, until 2 years have elapsed from the time the certificate was approved or until the Commission enacts amendments to this chapter pertaining to the new class of service represented by the experimental service, whichever event occurs first.

   The provisions of this §  29.352 adopted January 23, 1981, effective January 24, 1981, 11 Pa.B. 409.

 Unless otherwise specifically provided in the certificate of public convenience, a common carrier operating paratransit service shall have the rights and be subject to the conditions as follows:

   (1)  To transport persons on a nonexclusive, advance reservation basis between points as authorized by the certificate.

   (2)  No right, power or privilege is granted to provide service as described in § §  29.301—29.305 (relating to scheduled route service), service as described in § §  29.311—29.316 (relating to call or demand service), service as described in § §  29.321—29.324 (relating to group and party service), service as described in § §  29.331—29.334 (relating to limousine service) or service as described in § §  29.341—29.343 (relating to airport transfer service).

   The provisions of this §  29.353 adopted January 23, 1981, effective January 24, 1981, 11 Pa.B. 409.

   Violation

   The Commission’s determination that proposal issued by Philadelphia Corporation for the Aging did not violate this section was supported by substantial evidence. Professional Paramedical Services, Inc. v. Pennsylvania Public Utility Commission, 525 A.2d 1274 (Pa. Cmwlth. 1987); appeal denied 538 A.2d 879 (Pa. 1988).

 (a)  Seating capacity. Paratransit service may be operated only in vehicles with seating capacities of 15 passengers or less, excluding the driver, unless otherwise specified in the certificate.

 (b)  Handicapped service. Vehicles used to serve handicapped persons shall contain equipment necessary for the safety and comfort of handicapped passengers, including the equipment the Commission may specify by order.

   The provisions of this §  29.354 adopted January 23, 1981, effective January 24, 1981, 11 Pa.B. 409.

   (1)  Adherence to tariff. Rates shall be based on provisions contained in tariffs filed, posted and published in accordance with law and this title.

   (2)  Paratransit reservation time. The minimum times for advance reservations for paratransit service shall be specified in the tariff of the certificate holder.

   The provisions of this §  29.355 adopted January 23, 1981, effective January 24, 1981, 11 Pa.B. 409.

   Hourly Rate Structure

   Hourly rate structure is permitted to paratransit operators, and does not require them to violate other tariff provisions. Professional Paramedical Services, Inc. v. Pennsylvania Public Utility Commission, 525 A.2d 1274 (Pa. Cmwlth. 1987); appeal denied 538 A.2d 879 (Pa. 1988).

 To provide passengers with the necessary information to file a complaint, paratransit and experimental carriers shall post a Commission-issued complaint decal in a conspicuous location inside the vehicle which lists the telephone number and website to be used to lodge a complaint or provide the following notice on the receipt for service:

 For complaints and information, contact the Pennsylvania Public Utility Commission at (800) 782-1110 or at www.state.pa.us. Include the company name and A-# for all complaints.

   The provisions of this §  29.356 issued under the Public Utility Code, 66 Pa.C.S. § §  501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.

   The provisions of this §  29.356 adopted August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181.

Subchapter E. VEHICLE EQUIPMENT AND INSPECTION

Sec.

 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).

   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.

 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.

   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.

   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. Immediately preceding text appears at serial pages (288305) to (288306).

   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).

 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 4 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.

   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.

   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. Immediately preceding text appears at serial pages (288306) and (218773).

 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.

   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.

   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).

 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).

 (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.

   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.

   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).

 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).

   The provisions of this §  29.407 adopted April 20, 1984, effective April 21, 1984, 14 Pa.B. 1390.

Subchapter F. DRIVER REGULATIONS

Sec.

 (a)  A common or contract carrier may not permit a person to operate a vehicle in its authorized service until it has obtained and reviewed a driver history from the appropriate agency of every state in which that person held a motor vehicle operator’s license or permit during the preceding 3 years.

 (b)  Following receipt of the initial driver history report, a common or contract carrier shall, at least once every 12 months from the date of the last report, obtain a driver history for each driver operating under its authority from the appropriate agency of the state in which the driver held an operator’s license during the time period. Compliance with this subsection does not relieve a common or contract carrier of the responsibility to ensure its drivers hold a current, valid driver’s license.

 (a)  Criminal history record required. A common or contract carrier may not permit a person to operate a vehicle in its authorized service until it has obtained and reviewed a criminal history record from the Pennsylvania State Police and every other state in which the person resided for the last 12 months. For current drivers, carriers shall obtain a criminal history record by November 9, 2006.

 (b)  Frequency of record check. Following receipt of the initial criminal history record, a common or contract carrier shall obtain and review a criminal history record for each driver operating under its authority from the Pennsylvania State Police every 2 years from the date of the last criminal history check.

 (c)  Disqualification. A common or contract carrier may not permit a person to operate a vehicle in its authorized service when the person was convicted of a felony or a misdemeanor under the laws of the Commonwealth or under the laws of another jurisdiction, to the extent the conviction relates adversely to that person’s suitability to provide service safely and legally.

 (a)  A common or contract carrier may not permit a person to drive a vehicle with a seating capacity of 9 to 15 passengers, including the driver, unless the driver complies with the following:

   (1)  The driver is physically qualified in accordance with 49 CFR 391.41—391.49 (relating to physical qualifications and examinations).

   (2)  The driver is in compliance with the hours of service provisions of 49 CFR 395.5 and 395.8 (relating to maximum driving time for passenger-carrying vehicles; and driver’s record of duty status).

 A complaint may be initiated against the carrier for violations of this subchapter.