Subchapter D. SUPPLEMENTAL REGULATIONS

   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.