Pennsylvania Code
Title 52 - PUBLIC UTILITIES
Part I - Public Utility Commission
Subpart A - General Provisions
Chapter 3 - SPECIAL PROVISIONS
Subchapter E - MOTOR TRANSPORTATION PROCEEDINGS
Section 3.381 - Applications for transportation of property, household goods in use and persons
Universal Citation: 52 PA Code ยง 3.381
Current through Register Vol. 54, No. 44, November 2, 2024
(a) Applications.
(1)
Forms. The following forms may be obtained from the Office of
the Secretary of the Commission:
(i) An
application by a common carrier, including a forwarder, for a certificate of
public convenience.
(ii) An
application by a contract carrier for a permit.
(iii) An application by a broker for a
license.
(iv) An application for
amendment of a certificate, permit or license.
(v) An application by a common carrier of
passengers or household goods in use to abandon or discontinue service in whole
or in part.
(2)
Separate applications. An applicant desiring to furnish
service of more than one class shall file a separate application for each class
of service.
(3)
Filing and
verification. An original application shall be filed by the applicant,
or an authorized officer or representative, with the Secretary of the
Pennsylvania Public Utility Commission, Post Office Box 3265, Harrisburg,
Pennsylvania 17105-3265. The application shall be verified under §
1.36 (relating to verification).
An application by a common carrier for a certificate of public convenience
authorizing the transportation of passengers or household goods in use shall be
accompanied by verified statements of the applicant, as set forth in subsection
(c)(1)(iii)(A)(II). An application by a contract carrier for a permit
authorizing the transportation of passengers or household goods in use may be
accompanied by a verified statement of the applicant, as set forth in
subsection (c)(1)(iii)(A)(II) and a copy of the bilateral contract or statement
of the shipper that it will enter into a bilateral contract with the
carrier.
(4)
Filing
fee. A filing fee, as prescribed under the fee schedule in §
1.43 (relating to schedule of fees
payable to the Commission), shall accompany an application. The fee shall be
paid by certified check or money order made payable to the "Commonwealth of
Pennsylvania."
(5)
Abandonment or discontinuance of service. A motor common
carrier of property, contract carrier or broker is not required to file an
application to abandon or discontinue service. Abandonment or discontinuance of
service, in whole or in part, by a motor common carrier of property, contract
carrier or broker shall require the submission of a letter to the Commission
containing a statement that the service is no longer being rendered or that the
contract has expired.
(6)
Change in name of motor carrier.
(i)
Requirements.
(A) If a motor carrier changes its name, it
shall submit a verified letter of notification to the Secretary containing the
following information:
(I) The docket number
of the motor carrier and the name of the motor carrier as presently shown in
Commission records.
(II) A copy of
the amended articles of incorporation or revised partnership agreement, if
applicable, or other proper evidence of the name change.
(III) The names of the owners of the stock
and distribution of shares, if applicable.
(IV) The names of the officers and directors
of the corporation, if applicable.
(V) A statement that there has been no change
in the ownership or control of the business.
(B) Upon submission of the information in
clause (A) to the Commission, the Commission will endorse the existing
certificate or permit of the motor carrier in the new name, with no change to
the existing docket number.
(ii)
Additions to or change in
name. If a motor carrier makes an addition to or a change of a
fictitious trade name, it shall notify the Secretary by letter, identifying the
name and docket number of the motor carrier and submitting a copy of the
fictitious name registration form filed with the Department of State, under
54 Pa.C.S. §
312
(relating to amendment). Upon notification, the Commission will endorse the
existing certificate or permit of the motor carrier in the new fictitious name,
with no change to the existing docket number.
(iii)
Change in insurance and tariff
filings. Within 30 days after the Commission's endorsement of an
existing certificate or permit of a motor carrier in the new name or new
fictitious name, the motor carrier shall effect the name change on its
insurance and tariff filings with the Commission.
(7)
Change in entity of motor
carrier.
(i)
Filing of
application required. A change in the entity of a motor carrier, which
is accompanied by a change in the ownership or control of the business-for
example, through a transfer, merger or addition/deletion of a partner-requires
the filing of an application under paragraphs (3) and (4) and §
5.12 (relating to contents of
applications). If the Commission approves the application, a new certificate or
permit will be issued under a new docket number, upon receipt of insurance and
tariff filings reflecting the change in the entity of the motor
carrier.
(ii)
Filing of
verified letter of notification required.
(A) A change in the entity of a motor
carrier, which is not accompanied by a change in the ownership or control of
the business-for example, through incorporation of a sole proprietorship or
partnership-requires the submission of a verified letter of notification to the
Secretary containing the following information:
(I) The docket number of the motor carrier
and the name of the motor carrier as presently shown in Commission
records.
(II) A copy of the
articles of incorporation or partnership agreement, if applicable.
(III) The names of the owners of the stock
and distribution of shares, if applicable.
(IV) The names of the officers and directors
of the corporation, if applicable.
(V) A statement that there has been no change
in the ownership or control of the business.
(B) Upon submission of the information in
clause (A) to the Commission, the Commission will endorse the existing
certificate or permit of the motor carrier in the name of the new entity, with
no change to the existing docket number. Within 30 days of the Commission's
endorsement, the motor carrier shall effect the change in the entity on its
insurance and tariff filings with the Commission.
(8)
Change in the name of
shipper of a motor carrier of passengers or household goods in use.
(i) If a shipper named in the existing or
proposed operating authority of a motor carrier of passengers or household
goods in use changes its name, the motor carrier shall submit a verified letter
of notification to the Secretary containing all of the following information:
(A) The docket number of the motor carrier,
specifically identifying the portion of the operating authority
involved.
(B) Identification of the
name of the shipper as presently specified in the carrier's pertinent operating
authority.
(C) A copy of the
shipper's amended articles of incorporation or revised partnership agreement,
if applicable, or other proper evidence of the shipper's name change.
(D) A statement that there has been no change
in the ownership or control of the business.
(ii) If a shipper named in the existing or
proposed operating authority of a motor carrier of passengers or household
goods in use simply makes an addition to or change of a fictitious trade name,
the motor carrier shall notify the Secretary by letter, identifying the name
and docket number of the motor carrier and submitting a copy of the shipper's
fictitious name registration form filed with the Department of State under
54 Pa.C.S. §
312.
(9)
Change in entity of named shipper
of a motor carrier of passengers or household goods in use.
(i) A change in the entity of a shipper named
in the existing or proposed operating authority of a motor carrier of
passengers or household goods in use, which is accompanied by a change in the
ownership or control of the shipper's business-for example, through a sale or
merger-requires the filing of an application by the motor carrier in accordance
with paragraphs (3) and (4) and §
5.12.
(ii) A change in the entity of a shipper
named in the existing or proposed operating authority of a motor carrier of
passengers or household goods in use, which is not accompanied by a change in
the ownership or control of the shipper's business-for example, through the
incorporation of a sole proprietorship or partnership-requires the submission
by the motor carrier of a verified letter of notification to the Secretary
containing all of the following information:
(A) The docket number and name of the motor
carrier.
(B) Identification of the
portion of the operating authority involved and the name of the shipper as
presently specified in the carrier's pertinent operating authority.
(C) A copy of the shipper's amended articles
of incorporation or revised partnership agreement, if applicable, or other
proper evidence of the shipper's name change.
(D) A statement that there has been no change
in the ownership or control of the shipper's business.
(10)
Change in location of
named shipper of a motor carrier of passengers or household goods in
use.
(i) A change in the location of
an existing facility of a shipper named in the existing or proposed operating
authority of a motor carrier of passengers or household goods in use requires
the filing of an application under paragraphs (3) and (4) and § 5.12,
except as provided in subparagraph (ii).
(ii) A change in the location of an existing
facility of a shipper named in the existing or proposed operating authority of
a motor contract carrier of passengers or household goods in use, which is not
accompanied by a change in ownership or control of the business, requires the
submission of a verified letter of notification to the Secretary containing the
name and docket number of the motor carrier, and a statement that there is no
change in ownership or control of the business.
(b) Notice. Applications will be docketed by the Secretary and, with the exception of motor common carrier property and group and party carrier of more than 15 passenger applications, thereafter forwarded for publication in the Pennsylvania Bulletin. No other notice to the public or to a carrier, forwarder or broker is required, except that an applicant filing an application for the discontinuance of the transportation of persons, on a scheduled basis, shall certify to the Commission that it has done the following:
(1) Notified the local government having
jurisdiction over affected areas.
(2) Posted notice of the proposed
discontinuance in a conspicuous place in vehicles engaged in service on
affected routes.
(c) Protests.
(1)
Applications for passenger or household goods in use
authority.
(i)
Content and
effect.
(A) A person objecting to
the approval of an application shall file with the Secretary and serve upon the
applicant and the applicant's attorney, if any, a written protest which shall
contain all of the following:
(I) The
applicant's name and the docket number of the application.
(II) The name, business address and telephone
number of the protestant.
(III) The
name, business address and telephone number of the protestant's attorney or
other representative.
(IV) A
statement of the protestant's interest in the application.
(V) A list of all Commission docket numbers
under which the protestant operates.
(VI) A protest is limited to challenging the
fitness of the applicant, including whether the applicant possesses the
technical and financial ability to provide the proposed service and whether the
applicant lacks a propensity to operate safely and legally.
(B) Upon the filing of a timely
protest, the protestant will be allowed to participate in the proceeding as a
party intervenor.
(C) A protest
shall be treated as a pleading and the applicant may, within 20 days after the
closing date for the filing of protests, file motions to strike, to dismiss, or
for amplification as provided in §
5.101 (relating to preliminary
objections).
(ii)
Time of filing. A protest shall be filed within the time
specified in the notice appearing in the Pennsylvania Bulletin
, which shall be no less than 15 days from the date of publication. Failure to
file a protest in accordance with this subsection shall bar subsequent
participation in the proceeding, except when permitted by the Commission for
good cause shown.
(iii)
Failure to file protests. If no protest is filed with the
Commission on or before the date specified in the Pennsylvania
Bulletin or if all protests have been withdrawn at or prior to the
hearing, the Commission may take either of the following actions:
(A) Consider the application without holding
an oral hearing if it deems the facts are sufficient as in the application or
as determined from additional information as the Commission may require of the
applicant. An application processed under this section, without oral hearing,
will be determined on the basis of verified statements submitted by the
applicant and other interested parties.
(I)
Verified statements will be filed with the Secretary within 30 days of the
Commission's request therefor. Failure to file additional information as
requested by the Commission may result in dismissal of the application for lack
of prosecution.
(II) The
applicant's verified statement shall be in paragraph form and shall contain the
following information, as applicable:
(-a-) The legal name and domicile of the applicant.
(-b-) The identity and qualifications of the person making the statement for applicant.
(-c-) Whether or not the applicant is affiliated with any other carriers, with a description of the affiliation.
(-d-) The authority sought.
(-e-) The general scope of currently authorized operations-attach copies of pertinent operating rights.
(-f-) Duplicating authority which will result from grant of authority.
(-g-) Dual operations resulting from grant of authority.
(-h-) Pertinent terminal facilities and communications network.
(-i-) Pertinent equipment-make, model, year, owned or leased, and lessor; safety program; service currently provided to supporting witnesses.
(-j-) The type of service offered.
(-k-) Financial data-current balance sheet and income statement for corporations and partnerships and assets and liabilities for individuals.
(-l-) A statement that the applicant has a minimum of 2 years of experience with a licensed household goods carrier or the equivalent. This requirement shall be applicable to all applications for household goods, whether protested or not.
(-m-) Other information deemed pertinent.
(III) There will be the following
extensions of time to file verified statements. When extenuating circumstances
exist, the Commission will grant up to 45 days to file verified statements.
Requests for extensions of time may be granted by the Commission based upon a
written request giving reasons for the extension.
(B) Schedule the unprotested application for
oral hearing at a time, date and place to be set, thereafter notifying the
applicant by letter of the scheduling.
(2)
Applications for motor common
carrier of property and group and party service for more than 15 passenger
authority. No protests to applications for motor common carrier
property and group and party carrier more than 15 passenger authority may be
filed.
(d) Hearings on protested applications and applications for motor carrier of property authority when safety issues are raised.
(1)
Applications for passenger,
excluding group and party service more than 15 passenger, or household goods in
use authority.
(i)
Scheduling hearings.
(A)
Applications for passenger authority. The applications to
which timely protests were filed will not be acted on by the Commission for 20
days after the closing date for filing of protests to permit the applicant to
make restrictive amendments leading to the withdrawal of protests. If all
protests are withdrawn upon amendment, the Commission may dispose of the
application in accordance with subsection (c). If the application is still
subject to protest, then after the expiration of the 20-day waiting period, the
Commission will set the application for hearing and will notify all parties
thereof. Absent good cause shown, no further amendments to the application will
be considered after expiration of the 20-day period or the commencement of
hearings.
(B)
Applications
for passenger and household goods in use authority. Applications for
passenger and household goods in use authority to which timely protests were
filed will be set for hearing with notice to the parties.
(ii)
Requests for
postponements. If any scheduled hearing is postponed for any reason
prior to the date thereof, notice of postponement and the date, time and place
of the continued hearing will be given by the presiding officer of the
Commission to all parties. Requests for hearing postponements shall be
submitted in writing to the Secretary of the Commission and the presiding
officer with copies to parties of record, no later than 5 days prior to
hearing. Hearings will not be postponed absent good cause.
(iii)
Prehearing
conferences. The presiding officer may, in his discretion or at the
written request of any party of record, set any protested application for
prehearing conference, to simplify the issues prior to hearing.
(2)
Applications for motor
common carrier of property and group and party service for more than 15
passenger authority.
(i)
Scheduling hearings. If the Commission's prosecutory staff
determines that conditional or unsatisfactory safety ratings from other
jurisdictions or adverse decisions in safety related proceedings before other
tribunals exist, prosecutory staff shall enter an appearance and refer the
matter to the Office of Administrative Law Judge for hearing on the applicant's
safety fitness. A determination by the Commission, after hearing, that the
applicant possesses the necessary safety fitness will result in the application
being processed as though the applicant possessed a satisfactory safety
rating.
(ii)
Requests for
postponement. Requests for postponement shall be made and disposed of
in accordance with paragraph (1)(ii).
(iii)
Prehearing conferences.
Prehearing conferences shall be conducted in accordance with
paragraph (1)(iii).
(e) Compliance: conditions for approval for passenger and household goods in use authority. When the Commission approves operation by a motor common carrier of passengers or household goods in use, forwarder, broker, or motor contract carrier of passengers or household goods in use, the applicant will be notified of the approval by registered or certified mail. The applicant shall file with the Commission within 60 days of receipt of the notice, a certificate of insurance or other security required by this title, relating to insurance and security for the protection of the public. In addition, motor common carriers of passengers or household goods in use shall file tariffs of their applicable rates and charges, and contract carriers of passengers or household goods in use shall file schedules of actual charges. When all of these requirements have been met, the Commission will issue the certificate, permit or license as the case may be. Failure by an applicant to comply with this section within the 60-day period may result in the dismissal of the application and rescission of prior approval, unless the Commission has, upon written request demonstrating good cause, extended the time for compliance.
(1) An applicant for household goods in use
authority that does not possess a current satisfactory safety rating issued by
the United States Department of Transportation or by a state with safety
regulations comparable to the Commonwealth shall complete a safety fitness
review conducted by Commission staff. The safety fitness review must be
scheduled and completed within 180 days of the date of approval of the
application. If the applicant fails to attain a satisfactory safety evaluation
within the 180-day period, the applicant will be given an additional 90 days to
correct the deficiencies. Failure to achieve a satisfactory evaluation within
the 90-day period will result in immediate suspension of the certificate of
public convenience and in proceedings to revoke the certificate.
(2) Safety fitness reviews shall take place
at the applicant's primary place of business in this Commonwealth. Out-of-State
carriers without facilities in this Commonwealth shall have reviews conducted
at the nearest Commission office. Out-of-State carriers shall provide
Commission enforcement officers with sufficient records to enable meaningful
examination of the applicant's safety related programs.
(3) In the course of a safety fitness review,
Commission enforcement staff will examine an applicant's management policies,
records and equipment to ensure that the applicant understands and will comply
with Chapter 37 (relating to safety code for transportation of property and
passengers).
(f) Compliance: conditions for approval for motor common carrier property and group and party more than 15 passenger authority. If the Commission's prosecutory staff determines that a hearing is not required, as provided in subsection (d)(2), the Commission will act on applications as follows:
(1) A compliance letter will be
issued directing that the applicant file a Form E Uniform Motor Carrier Bodily
Injury and Property Liability Certificate of Insurance and a Form H Uniform
Cargo Insurance Certificate, if applicable. Temporary evidence of insurance may
be filed in the form of an insurance identification card for vehicles
registered in this Commonwealth, a copy of the declaration page of the
insurance policy, a copy of a valid binder of insurance or a copy of a valid
application for insurance to the Pennsylvania Automobile Insurance Plan. The
temporary evidence of insurance shall be replaced by the required certificates
within 60 days. A carrier may begin operations upon filing acceptable evidence
of insurance.
(2) Once acceptable
Form E and Form H certificates of insurance have been filed, a certificate of
public convenience will be issued authorizing the transportation of property,
not including household goods in use or group and party more than 15 passenger
authority, between points in this Commonwealth.
(3) Applicants which do not possess a current
satisfactory safety rating issued by the United States Department of
Transportation or a state with safety regulations comparable to the
Commonwealth shall complete a safety fitness review conducted by Commission
staff. The safety fitness review shall be scheduled and completed within 180
days of the date of the compliance letter. If the applicant fails to attain a
satisfactory safety evaluation within the 180-day period, it will be given an
additional 90 days to correct the deficiencies. Failure to achieve a
satisfactory evaluation within the 90-day period will result in immediate
suspension of the certificate of public convenience and in proceedings to
revoke the certificate.
(4) Safety
fitness reviews will take place at the applicant's primary place of business in
this Commonwealth. Out-of-State carriers without facilities in this
Commonwealth will have reviews conducted at the nearest Commission office.
Out-of-State carriers shall provide Commission endorsement officers with
sufficient records to enable meaningful examination of the applicant's safety
related programs.
(5) In the course
of a safety fitness review, Commission enforcement staff will examine an
applicant's management policies, records and equipment to ensure that the
applicant understands and will comply with Chapter 37.
(g) New applications: conditions for reconsideration. Applications filed within 6 months of the date of an order refusing or dismissing, on the merits, an application for the same rights filed by the same party shall set forth any new facts or changed conditions not previously presented to the Commission for consideration. The Commission may, in its administrative discretion, either accept or refuse the filing of the application.
The provisions of this §3.381 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504, 523, 1102, 1103, 1301, 1501 and 1504.
This section cited in 52 Pa. Code § 3.383 (relating to applications for temporary authority and emergency temporary authority); 52 Pa. Code § 5.51 (relating to protest to an application); and 52 Pa. Code § 5.52 (relating to content of a protest to an application).
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