(a)
The following words and terms when used in this section, have the following
meanings, unless the context clearly indicates otherwise:
Company-The person, partnership,
association, entity or governmental unit or agency which employs persons to
whom the service is rendered.
Transportation-Transportation of
passengers, as defined in
66 Pa.C.S. §
102 (relating
to definitions).
Van-A motor vehicle accommodating no
more than 15 persons, including the driver.
(b) When all of the following circumstances
are present, the Commission will regard an operation as private carriage and
therefore beyond the regulatory jurisdiction of the Commission:
(1) The transportation is provided in a van
registered in the name of the company, and the company is in fact the owner;
or, the transportation is provided in a van leased by the company, and the
company is obligated to pay the rent from its own funds.
(2) The vans are operated only by bona fide
employees of the company in rendering the transportation provided for in this
section.
(3) The transportation is
provided solely to and from places of employment for employees using the van
when the company facility is open for business.
(4) Employees transported in the vans may pay
or contribute only such amounts as do not exceed the cost of operation of the
employer.
(5) The transportation is
conducted on a nonprofit basis, as an incident to the primary noncarrier
business of the employer.
(c) The Commission will also regard
multiple-company operations, which are bona fide cooperatives, arranged along
the lines set forth in subsection (b) as falling beyond its regulatory
jurisdiction.
(d) The statements
set forth in subsections (b) and (c) may not be regarded as implying that all
other similar operations necessarily fall within the regulatory jurisdiction of
the Commission or that the vehicles may never be used for any other
purpose.
Notes
The
provisions of this § 29.105 adopted March 18, 1977, effective
3/19/1977, 7 Pa.B. 751; amended
November 2, 1979, effective 11/3/1979, 9 Pa.B.
3645.
The provisions of this § 29.105 issued under
45 Pa.C.S. §
702; and the
Public Utility Code,
66 Pa.C.S. §
§
102 and
501.
