Subchapter F. DRIVER REGULATIONS
Sec.
29.501. Applicability.
29.502. Current driver’s license required.
29.503. Age restrictions.
29.504. Driver history.
29.505. Criminal history.
29.506. Alcohol prohibition.
29.507. Controlled substance prohibition.
29.508. Common or contract carriers operating vehicles with seating capacities of 9 to 15 passengers, including the driver.
29.509. Civil penalties for violations.
The provisions of this Subchapter F issued under the Public Utility Code, 66 Pa.C.S. § § 501, 1102, 1103, 1502, 1504, 1506, 1508, and Chapters 23 and 25, unless otherwise noted.
The provisions of this Subchapter F adopted August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181, unless otherwise noted.
This section cited in 52 Pa. Code § 29.101 (relating to operation of leased equipment); 52 Pa. Code § 29.301 (relating to conditions); 52 Pa. Code § 29.311 (relating to conditions); 52 Pa. Code § 29.315 (relating to alternative forms of compensation); 52 Pa. Code § 29.331 (relating to conditions); 52 Pa. Code § 29.341 (relating to conditions); and 52 Pa. Code § 29.351 (relating to conditions).
This subchapter applies to drivers of 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 service and experimental service, as defined in § 29.13 (relating to scheme of classification).
A common or contract carrier may not permit a person to operate a vehicle in its authorized service unless that person has a current, valid driver’s license.
A common or contract carrier may not permit a person to operate a vehicle in its authorized service unless that person is at least 21 years of age.
(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.
(c) A copy of the driver history shall be maintained by the common or contract carrier for at least 2 years.
(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.
(d) Record retention. A copy of the criminal history shall be maintained by the common or contract carrier for at least 3 years.
A driver may not use alcohol, be under the influence of alcohol, or have any measured alcohol concentration or detected presence of alcohol, while operating a vehicle in passenger service.
A driver may not use a controlled substance, be under the influence of a controlled substance, or have any measured concentration or detected presence of a controlled substance, while operating a vehicle in passenger service.
(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).
(3) Drivers are exempt from 49 CFR 395.8 if they fall within exemption in 49 CFR 395.1(e). In this circumstance, carriers shall keep time records in accordance with 49 CFR 395.1(e)(5) (relating to scope of rules in this part).
A complaint may be initiated against the carrier for violations of this subchapter.
§ 29.501. Applicability.
§ 29.502. Current driver’s license required.
§ 29.503. Age restrictions.
§ 29.504. Driver history.
§ 29.505. Criminal history.
§ 29.506. Alcohol prohibition.
§ 29.507. Controlled substance prohibition.
§ 29.508. Common or contract carriers operating vehicles with seating capacities of 9 to 15 passengers, including the driver.
§ 29.509. Civil penalties for violations.
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