Pennsylvania Code
Title 52 - PUBLIC UTILITIES
Part I - Public Utility Commission
Subpart B - Carriers of Passengers or Property
Chapter 29 - MOTOR CARRIERS OF PASSENGERS
Subchapter F - DRIVER REGULATIONS
Section 29.505 - Criminal history
Universal Citation: 52 PA Code ยง 29.505
Current through Register Vol. 54, No. 44, November 2, 2024
(a) Common or contract carriers, except for call or demand and limousine drivers.
(1)
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.
(2)
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.
(3)
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.
(4)
Record
retention. A copy of the criminal history shall be maintained by the
common or contract carrier for at least 3 years.
(b) Call or demand and limousine drivers.
(1)
Criminal
background check. Prior to permitting a person to act as a call or
demand or limousine driver, a carrier shall conduct or have a third party
conduct a local and National criminal background check for each driver
applicant. The background check must include a multistate or
multijurisdictional criminal records locator or other similar commercial
Nationwide database with primary source search validation and a review of the
United States Department of Justice National sex offender public web site. The
carrier shall disqualify an applicant convicted of certain crimes in accordance
with the following:
(i) An applicant convicted
of any of the following within the preceding 7 years:
(A) Driving under the influence of drugs or
alcohol.
(B) A felony conviction
involving theft.
(C) A felony
conviction for fraud.
(D) A felony
conviction for a violation of The Controlled Substance, Drug, Device and
Cosmetic Act (35 P.S. §
§ 780-101-780-144).
(ii) An applicant convicted of any of the
following within the preceding 10 years:
(A)
Use of a motor vehicle to commit a felony.
(B) Burglary or robbery.
(iii) An applicant convicted of any of the
following at any time:
(A) A sexual offense
under
42 Pa.C.S. §
9799.14(c) or
(d) (relating to sexual offenses and tier
system) or similar offense under the laws of another jurisdiction or under a
former law of the Commonwealth.
(B)
A crime of violence as defined in
18 Pa.C.S. §
5702
(relating to definitions).
(C) An
act of terror.
(2)
Frequency. One year
after engaging a driver and every second year thereafter, the criminal
background and driving history checks required under this subsection shall be
conducted and that a driver continues to be eligible to be a driver shall be
verified.
(3)
Record
retention. A copy of the criminal history shall be maintained by the
call or demand or limousine driver for at least 3 years.
The provisions of this §29.505 amended under the act of July 13, 2016 (P.L. 664, No. 85).
Disclaimer: These regulations may not be the most recent version. Pennsylvania may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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