Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Controlling legislation. The provisions of
66 Pa.C.S. §
§
1103(d) and
2509 (relating to
procedure to obtain certificates of public convenience; and temporary permits
and licenses) are as follows:
" § 1103(d) Temporary authority-Except during the
threat or existence of a labor dispute, the commission under such regulations
as it shall prescribe may, without hearing, in proper cases, consider and
approve applications for certificates of public convenience, and in emergencies
grant temporary certificates under this chapter, pending action on permanent
certificates; but no applications shall be denied without right of hearing
thereon being tendered to the applicant."
" § 2509 Temporary permits and licenses-The
commission, under such regulations as it shall prescribe, may, without hearing,
in proper cases, consider and approve applications for permits and licenses,
and in emergencies grant temporary permits and licenses under this chapter,
pending action on permanent permits or licenses; but no application shall be
denied without right of hearing thereon being tendered the applicant."
(b)
Definitions and
applicability.
(1) The following
words and terms, when used in relation to applications for temporary authority
and emergency temporary authority, have the following meanings:
Carrier-Includes motor common carriers
of passengers and motor contract carriers of passengers, brokers and
forwarders.
ETA-Emergency temporary
authority-Limited duration operating authority issued under
66 Pa.C.S. §
§
1103(d) and
2509 to authorize the
transportation of passengers to meet an emergency situation and when time or
circumstances do not reasonably permit the filing and processing of an
application for TA.
TA-Temporary authority-Limited duration
operating authority issued under
66 Pa.C.S. §
§
1103(d) and
2509 to authorize the
transportation of passengers to meet an emergency situation.
(2) ETA and TA are not available to motor
common carriers of property, household goods in use, and group and party
carriers transporting more than 15 passengers.
(c)
Filing of applications.
An application shall be filed as follows:
(1)
How and where filed. An original of each application for TA or
ETA (Form C) is to be filed with the Secretary, Pennsylvania Public Utility
Commission, Harrisburg, Pennsylvania 17105-3265. The envelope containing the
application shall be clearly marked: "TA" APPLICATION or "ETA"
APPLICATION.
(2)
Filing
fees. An application for TA, ETA and extensions of ETA shall be
accompanied by a filing fee, as prescribed under the fee schedule in §
1.43 (relating to schedule of fees
payable to the Commission).
(3)
Supporting statements. An application shall be accompanied by
supporting statements of the applicant. A statement shall contain a
certification of its accuracy and shall be signed by the person submitting the
statement. The applicant's statement, which shall be prepared by the applicant
or an authorized representative of the applicant, shall contain all of the
following information:
(i) A description of
the equipment which will be used to render service, including a statement of
whether it is specialized equipment.
(ii) A description of the applicant's
terminal facilities and personnel.
(iii) A statement of whether the filing of
the application resulted from a warning, road check or investigation by the
Commission.
(iv) A telephone number
at which the applicant or an authorized representative of the applicant may be
contacted.
(v) A statement of the
proposed rates, fares or charges and schedule provisions.
(vi) A statement of whether there are under
suspension rates, fares or charges published for its account or whether an
application for special permission to file its rates, fares or charges on less
than 30 days' notice in connection with another ETA, TA or permanent authority
application covering the same territory has been granted or denied.
(vii) Proof of ability to comply with the
Commission's insurance requirements, or in the case of an authorized carrier, a
statement indicating that it currently has evidence of insurance on file with
the Commission.
(viii) Names and
addresses of labor unions which represent, or which within the past 12 months
have represented, or which have filed a petition to represent the employees of
the applicant with the National Labor Relations Board or the Pennsylvania Labor
Relations Board. If the application seeks the temporary approval of a transfer
of rights under a certificate of public convenience, this information shall be
supplied for the transferor and the transferee.
(4)
Procedures for filing ETA
application. Procedures for filing ETA applications are as follows:
(i) An ETA application may normally be filed
only when a corresponding application for permanent authority has been filed
and emergency conditions exist which do not permit sufficient time to afford
the notice required by paragraph (5)(i). If the application demonstrates the
existence of emergency conditions, the Bureau of Technical Utility Services
will make a reasonable effort to identify and communicate with those carriers
who may hold the authority to provide the emergency service being sought by the
applicant and those unions described in paragraph (3)(viii). An ETA application
will be granted for an initial period not to exceed 60 days.
(ii) The filing of ETA applications by
telephone shall be acceptable in exigent circumstances. Confirmation shall be
made by filing written application-Form C-with the supporting statements,
within 5 working days from the filing by telephone.
(iii) If an emergency continues beyond the
initial 60-day period, the ETA may be extended pending disposition of the TA
application. Extensions of ETA may be obtained in the following ways:
(A)
Filing the ETA application
simultaneously with the corresponding applications for TA and permanent
authority. The simultaneous filing of ETA, TA and permanent authority
applications automatically extends the grant of ETA pending disposition of the
TA application. No filing fee for ETA extension is required under these
circumstances.
(B)
Filing
corresponding TA and permanent authority applications within 15 days of the
date of filing the ETA application. The filing of corresponding TA and
permanent authority applications within 15 days of the filing of the ETA
application automatically extends the grant of ETA pending disposition of the
TA application, if the applicant states the following on the ETA application:
"Applicant certifies that, within 15 days of the date of filing this
application, corresponding TA and permanent authority applications will be
filed, and hereby requests that an automatic extension be granted of the ETA."
No filing fee for ETA extension is required under these
circumstances.
(C)
If the
corresponding TA and permanent authority applications are neither filed
simultaneously with nor within 15 days of the date of filing the ETA
application. A request for an extension of ETA which does not comply
with clause (A) or (B) shall be accompanied by corresponding applications for
TA and permanent authority and a filing fee, as prescribed under the fee
schedule in §
1.43 in addition to the
appropriate filing fees for TA and permanent authority applications, and shall
be filed with the Bureau of Technical Utility Services, prior to the expiration
date of the ETA.
(5)
Procedures for filing TA
applications. An application for TA shall be accompanied by a
corresponding application for permanent authority. Unless otherwise specified
in the TA application, it will be considered as proposing service pending
disposition of the permanent authority application.
(i)
Notice to interested
persons.
(A)
Publication in
Pennsylvania Bulletin. Notice of the filing of a TA application and an
application for permanent authority will be given by simultaneous publication
in the Pennsylvania Bulletin.
(B)
Service on unions.
Service of temporary authority applications shall be made by certified mail
upon the unions described in paragraph (3)(viii).
(ii)
Filing of protests.
(A) A person who can and will provide all or
part of the proposed service may file a protest to the TA application. Protests
shall be consistent with §
3.381 (relating to applications
for transportation of property, household goods in use and persons). The
protest shall indicate whether it protests the application for TA or for
permanent authority, or both.
(B) A
union which represents the employees of a motor carrier or supporting shipper,
which may be affected by the approval of an application for TA, may file a
protest to the application. The protest shall be limited to the issue of
whether a threatened or existing labor dispute precludes Commission
consideration and approval of the TA application.
(C) Protests shall be filed with the
Secretary of the Public Utility Commission.
(iii)
Revocation of ETA upon approval
of TA applications. Approval of a TA application is effective upon
compliance with the Commission order, which results in the automatic revocation
of corresponding ETA.
The provisions of this §3.383 issued under the
Public Utility Code,
66 Pa.C.S. §
§
501,
1103 and
2509; amended under the
Public Utility Code,
66 Pa.C.S. §
§
501,
504,
523,
1102,
1103,
1301,
1501,
1504,
2503 and
2504.
This section cited in 52 Pa. Code §
3.12 (relating to applicability to
transportation proceedings).
