Current through Register Vol. 54, No. 44, November 2, 2024
(a)
General rule. As a
general rule, passenger transportation services are not subject to Commission
jurisdiction when provided by any of the following:
(1) State instrumentalities.
(2) Municipal authorities.
(3) Municipal corporations within their
corporate limits. The geographic limitation applicable to municipal
corporations will be satisfied as long as the passenger transportation service
provided by a municipal corporation is restricted to residents of the
municipality, regardless of whether the actual service is provided within the
corporate limits of the municipality.
(b)
Definitions. The
following words and terms, when used in this section, have the following
meanings, unless the context clearly indicates otherwise:
Municipal authority-An authority
created or organized by a municipality in accordance with the laws of the
Commonwealth for the purpose of rendering service similar to that of a public
utility.
Municipal corporation-The term as
defined in
66 Pa.C.S. §
102
(relating to definitions).
Public transportation authority-An
authority created or organized under the laws of the Commonwealth for the
purpose of rendering public transportation service.
State instrumentality-
(i) The Commonwealth, its agencies, boards,
offices, commissions, councils, departments, bureaus and authorities.
(ii) The term includes independent agencies
of the Commonwealth and State affiliated entities such as the State System of
Higher Education.
Substantial ongoing control-The act of
setting or affirmatively approving the rates, routes, schedules, terms and
conditions of service, and the monitoring and enforcement of a contractor's
compliance with them.
(c)
Evidence of substantial ongoing control. Substantial ongoing
control is evidenced through:
(1) The terms
of a written contract between the third party and the contracting
entity.
(2) A statute, regulation,
ordinance or other provision of law that the third party contractor must comply
with in the provision of the transportation services.
(3) Written audits or inspection reports of
the contractor's compliance with the contract and relevant provisions of
law.
(d)
Exemptions.
(1)
State instrumentalities. Passenger transportation services
provided by third parties under contract to State instrumentalities, and their
subcontractors, are not subject to Commission jurisdiction when the following
conditions are present:
(i) The State
instrumentality's enabling legislation does not expressly require the third
party to obtain a certificate of public convenience from the Commission when
providing the service.
(ii) The
service is subject to substantial ongoing control by the State instrumentality
as to the following:
(A) The rates charged to
passengers for the service.
(B) The
routes for the service.
(C) The
schedule of the service.
(D) The
terms and conditions of the service, including who is eligible to be a
passenger.
(2)
Municipal authorities. Passenger transportation services
provided by third parties under contract to municipal authorities, and their
subcontractors, are not subject to Commission jurisdiction when the following
conditions are present:
(i) The service would
be nonjurisdictional if provided by the municipal authority itself.
(ii) The service is subject to substantial
ongoing control by the municipal authority as to the following:
(A) The rates charged to passengers for the
service.
(B) The routes for the
service.
(C) The schedule of the
service.
(D) The terms and
conditions of the service, including who is eligible to be a
passenger.
(3)
Municipal corporations. Passenger transportation service
provided by third parties under contract to municipal corporations, and their
subcontractors, are not subject to Commission jurisdiction when the following
conditions are present:
(i) The service would
be nonjurisdictional if provided by the municipal corporation itself.
(ii) The service is subject to substantial
ongoing control by the municipal corporation as to the following:
(A) The rates charged to passengers for the
service.
(B) The routes for the
service.
(C) The schedule of the
service.
(D) The terms and
conditions of the service, including who is eligible to be a
passenger.
(4)
Public transportation authorities. When a public
transportation authority's enabling legislation exempts it from Commission
jurisdiction, passenger transportation services provided by third parties under
contract to the public transportation authority are not subject to the
Commission's jurisdiction when the following conditions are present:
(i) The public transportation authority's
enabling legislation expressly authorizes it to contract with third parties to
provide passenger transportation services.
(ii) The service is subject to substantial
ongoing control by the public transportation authority as to the following:
(A) The rates charged to passengers for the
service.
(B) The routes for the
service.
(C) The schedule of the
service.
(D) The terms and
conditions of the service, including who is eligible to be a
passenger.
(5)
Cooperative agreements. Passenger transportation services
provided under a cooperative agreement between municipal corporations or
authorities, which permit them to operate in each other's geographic service
areas, are not subject to Commission jurisdiction. Passenger transportation
services provided by third parties under contract to the contracting municipal
corporation or authority are not subject to Commission jurisdiction so long as
the services are subject to the substantial ongoing control of the contracting
municipal corporation or authority, or both, as to the following:
(i) The rates charged to passengers for the
service.
(ii) The routes for the
service.
(iii) The schedule of the
service.
(iv) The terms and
conditions of the service, including who is eligible to be a
passenger.
