Current through Register Vol. 54, No. 44, November 2, 2024
(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. §
§ 101-9901 (relating to 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), regarding
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) The holder of a call or demand
certificate may lease vehicles it owns or leases 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).
(2) A certificateholder may use a vehicle
owned or leased by a driver in its certificated service. The certificateholder
may lease this vehicle from the driver or may allow the driver to operate under
its authority without a lease. The following conditions apply to driver owned
or leased vehicles:
(i) The vehicle shall be
operated under the direct control and supervision of the
certificateholder.
(ii) The driver
and the certificateholder are required to keep and retain daily log sheets as
prescribed by § 29.313(c).
(iii) The certificateholder is required to
furnish and maintain adequate service to the public which shall be reasonably
continuous and without unreasonable interruptions or delays.
(iv) The certificateholder shall provide
insurance coverage for vehicles while in service. The driver shall provide
notification to the driver's insurer, in writing, that the vehicle will be used
in taxicab service. The driver shall provide a copy of the written notification
to the certificateholder. The certificateholder shall maintain the notification
for 3 years following the termination of the driver from the
certificateholder's service.
(v)
The certificateholder shall provide to the driver written notice of insurance
coverage and limits while operating in its service. This notice must indicate
if comprehensive and collision coverage are provided while the vehicle is used
in service and shall be signed by the driver. The certificateholder shall
maintain the notification for 3 years following the termination of the driver
from the certificateholder service.
(vi) The driver shall provide written notice
to a lienholder or lessor that the vehicle will be used in taxicab service. The
driver shall provide a copy of the written notification to the
certificateholder. The certificateholder shall maintain the notification for 3
years following the termination of the driver from the certificateholder's
service.
(vii) The
certificateholder shall ensure that all vehicles meet the taxicab vehicle
requirements provided in this chapter while the vehicles are in
service.
(viii) For purposes of
this subsection, a vehicle is "in service" when the vehicle is available for
hire, regardless of whether a passenger is in the vehicle.
(ix) The certificateholder shall ensure that
all drivers meet the driver requirements provided in this chapter.
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; and the act of July 13, 2016 (P.L. 664, No.
85).
This section cited in 52 Pa. Code §
29.111 (relating to accounts,
records and memoranda); and 52 Pa. Code §
29.315 (relating to alternative
forms of compensation).
