reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 33 - RAILROAD TRANSPORTATION › Subchapter B - SERVICE AND FACILITIES › OPERATION OF TRAINS › Section 33.56 - Safety of operation of railroad trains

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Conductors and enginemen assigned to
						trains operating within this Commonwealth shall be fully and timely qualified
						and conversant with their respective duties and responsibilities, and shall
						have met the requirements and successfully passed the examinations adopted by
						the employing railroad or railway company and of any railroad over which such
						employe is normally required to operate, before a proper officer of such a
						carrier, for promotion to conductor or engineman.
(b) Such requirements and examination shall
						include a knowledge of and familiarity with the physical characteristics of the
						portion of railroad to which the conductor or engineman is assigned.
(c) It shall be the responsibility of each
						carrier to adopt the measures necessary to insure the availability of an
						adequate number of qualified enginemen and conductors.
(d) It shall be the responsibility of all
						train and engine service employes to maintain a knowledge and understanding of
						current employe timetables and special instructions thereto, general orders,
						bulletin orders and revisions to operating rules effected by the railroad
						company.
(e) The circumstances set
						forth in paragraphs (1)-(3) which follow, shall be considered as exceptions to
						the rule.
(1) During periods of emergency,
						the inability of a carrier to furnish a properly qualified conductor for a
						train will not be considered a violation of this Rule. For purposes of the
						Rule, an emergency shall be a condition resulting from a hurricane, tornado,
						cyclone, flood, derailment or other track obstruction, or the temporary loss of
						an overhead catenary system used for the transmission of electrical energy, and
						the exception shall be effective for a period not to exceed 48 hours.
(2) In the event that a conductor is
						incapacitated due to illness or injury, prior to completion of an assignment,
						and there is no qualified conductor available at such intermediate point,
						prompt movement of the train to the next designated crew change point will not
						be considered a violation of this Rule.
(3) The assignment of properly qualified
						supervisory personnel to operate trains consisting of emergency shipments,
						during authorized strikes or work stoppages will not be considered a violation
						of this Rule.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 33 - RAILROAD TRANSPORTATION › Subchapter B - SERVICE AND FACILITIES › SANITATION AND SAFETY FACILITIES AND EQUIPMENT › Section 33.62 - Locomotives

Current through Register Vol. 54, No. 28, July 13, 2024
(a) All locomotives
						operated by or on each of the railroads in this Commonwealth, except those
						specifically exempted, shall be equipped with flush toilets or similar devices
						which sanitarily dispose of human waste matter, together with toilet paper
						properly protected from soil prior to use.
(b) The following locomotives are exempt from
						the requirements of subsection (a) of this section:
(1) "B" units, or locomotives used as "B"
						units or trailing units, if the lead or head locomotive is so
						equipped.
(2) Locomotives operated
						within this Commonwealth under lease or similar arrangement, until they have
						been used by the carrier for six months.
(3) Locomotives operating so as not to travel
						more than 60 miles in any one direction in this Commonwealth from the point of
						dispatchment.
(4) Locomotives
						commonly known as a "GG-1" and road switchers with or without steam generators
						commonly known as "EMD-GP-7," "EMD-GP9," "ALCO-RS2," and "ALCO-RS3." This
						exemption will terminate July 1, 1974.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 33 - RAILROAD TRANSPORTATION › Subchapter B - SERVICE AND FACILITIES › SANITATION AND SAFETY FACILITIES AND EQUIPMENT › Section 33.63 - Cabin cars

Current through Register Vol. 54, No. 28, July 13, 2024
(a) All windows and
						door glass installed in cabin cars shall be shatterproof.
(b) All doors on cabin cars shall be equipped
						with hardware which insures proper closure and manipulation, and shall be
						maintained in a manner which insures proper functioning of doors at all
						times.
(c) All cabin cars shall be
						properly heated and shall have adequate ventilation obtained by windows opening
						to the atmosphere. Such windows shall be so constructed and maintained as to
						insure easy opening. All cabin cars operated by or on each of the railroads in
						this Commonwealth shall be equipped with screens for use during the season when
						flies and insects are prevalent. The use of properly functioning air-changing
						and air-cooling equipment is permitted.
(d) Cabin cars shall conform with the
						following:
(1) All cabin cars shall be
						provided with a minimum of two rigidly mounted interior electric lights, to
						furnish lighting of not less than 25 foot-candles at desk-top level, one of
						which shall be located above the desk, and one shall be installed at a location
						to provide proper illumination of the cabin interior.
(2) Cabin cars operated exclusively during
						daylight hours and those cabin cars operated within a radius of 20 miles from
						the point of dispatchment are exempt from the requirement of paragraph
						(1).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 33 - RAILROAD TRANSPORTATION › Subchapter B - SERVICE AND FACILITIES › SANITATION AND SAFETY FACILITIES AND EQUIPMENT › Section 33.64 - Protection cars

Current through Register Vol. 54, No. 28, July 13, 2024
Protection cars shall comply with §
												33.63(a), (b) and
						  (f)(6) (relating to cabin cars) if they are
						  equipped with at least one window with glass installed.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 33 - RAILROAD TRANSPORTATION › Subchapter B - SERVICE AND FACILITIES › SANITATION AND SAFETY FACILITIES AND EQUIPMENT › Section 33.67 - Use of back up hose in rail operations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The use of back-up hoses in all train
						operations shall be for emergency stop of the train movement; however, the use
						of back-up hose for car spotting operations shall be permitted, providing that
						communication with the engineman is available to insure the safety of the
						movement.
(b) Future repairs to or
						replacement of back-up hoses by any carrier shall be to modify the hose to at
						least one-inch diameter (I.D.), with a maximum overall length not to exceed ten
						feet.
(c) All carriers shall
						instruct their employes in the proper use of the back-up hose, to include
						examination of same to make certain that any back-up hose used, will be in a
						fit and safe condition before being used in any subsequent train
						movement.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 33 - RAILROAD TRANSPORTATION › Subchapter B - SERVICE AND FACILITIES › MOTOR VEHICLES › Section 33.91 - General regulations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each
						motor vehicle shall be inspected at the regular intervals prescribed by law and
						shall display a valid Commonwealth inspection certificate or be in compliance
						with the applicable reciprocity provisions of the Vehicle Code of Pennsylvania
						(75
						P. S. §
													101 et seq.). Each motor vehicle
						shall conform with all other provisions of the Vehicle Code and laws applicable
						to its type and classification.
(b)
						Each motor vehicle shall have fixed seats provided for the total number of
						persons permitted to ride therein, based upon the following:
(1) If the driver's seat is bench-type and 56
						inches or greater in width, not more than two persons in addition to the driver
						may ride thereon. A minimum of 24 inches shall be allowed for the accommodation
						of the driver.
(2) Individual or
						bench-type seats for passengers shall provide a minimum of 16 inches width per
						person.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 33 - RAILROAD TRANSPORTATION › Subchapter B - SERVICE AND FACILITIES › MOTOR VEHICLES › Section 33.92 - Transportation of employes

Current through Register Vol. 54, No. 28, July 13, 2024
All common carrier railroads operating in this
						  Commonwealth shall comply with the provisions of §
												33.91 (relating to regulations)
						  with respect to motor vehicles used to transport railroad employes, whether or
						  not on a public highway, to and from their place of employment or during the
						  course of employment. Such vehicles shall be suitably equipped and maintained
						  for the health, comfort, and safety of employes transported as provided in
						  these regulations, except that in the event of emergency, if it appears
						  necessary to transport railroad employes to a site by means of any available
						  transportation, motor vehicles not designed to transport railroad employes may
						  be used, or an unauthorized number of railroad employes may be transported in a
						  motor vehicle, provided there is compliance with all of the following
						  conditions:
(1) The supervisor
						authorizing such use shall submit a written report to the Commission within 5
						days stating the exact nature of the emergency and justifying the use of a
						motor vehicle not in compliance with this section or other exception taken to
						standing orders.
(2) Reasonable and
						practical precautions shall be taken to ensure the safety of the driver and
						other occupants of vehicles.
(3) No
						disciplinary action may be taken against an employe for refusing to ride in or
						upon a motor vehicle not designed to transport railroad employes, or a vehicle
						carrying more than its authorized complement of men.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 33 - RAILROAD TRANSPORTATION › Subchapter B - SERVICE AND FACILITIES › ACCOUNTS, RECORDS AND REPORTS › Section 33.101 - Accounts

Current through Register Vol. 54, No. 28, July 13, 2024
Each carrier authorized to operate in this Commonwealth
						  shall keep and record its accounts and records in conformity with the systems
						  of accounts for railroad companies, with text, definitions and instructions as
						  embodied in the currently effective classifications prescribed for railroad
						  companies by the Surface Transportation Board.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 33 - RAILROAD TRANSPORTATION › Subchapter B - SERVICE AND FACILITIES › ACCOUNTS, RECORDS AND REPORTS › Section 33.102 - Records

Current through Register Vol. 54, No. 28, July 13, 2024
Each carrier shall preserve its records in conformity
						  with the effective regulations to the Surface Transportation
						  Board.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 33 - RAILROAD TRANSPORTATION › Subchapter B - SERVICE AND FACILITIES › ACCOUNTS, RECORDS AND REPORTS › Section 33.103 - Reports

Current through Register Vol. 54, No. 28, July 13, 2024
A carrier shall file with the Commission each year an
						  assessment report on a form provided by the Commission showing gross
						  Commonwealth intrastate revenues for assessment purposes. The assessment report
						  shall be filed by March 31 covering the preceding calendar
						  year.
The provisions of this §
														33.103 amended under the Public
							 Utility Code,
							 66 Pa.C.S. §
															§
															501,
							 504,
							 510 and
							 2508.
This section cited in 52 Pa. Code §
														101.2 (relating to definitions);
							 and 52 Pa. Code §
														101.4 (relating to reporting
							 requirements).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 33 - RAILROAD TRANSPORTATION › Subchapter B - SERVICE AND FACILITIES › MISCELLANEOUS PROVISIONS › Section 33.111 - Change in status of a station

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Each carrier shall obtain Commission approval prior to making any of the
						following changes with respect to any station maintained by the utility in this
						Commonwealth:
(1) Change a station from an
						agency station to a nonagency station.
(2) Abandon a station as a passenger
						station.
(3) Abandon a station as a
						freight station.
(4) Abandon a
						station entirely.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 33 - RAILROAD TRANSPORTATION › Subchapter B - SERVICE AND FACILITIES › MISCELLANEOUS PROVISIONS › Section 33.112 - Transportation of blind persons with guide dogs

Current through Register Vol. 54, No. 28, July 13, 2024
Each carrier shall transport dogs which have been
						  trained for the purpose of guiding blind persons, and are accompanying such
						  persons who have paid the regular fare for transportation, provided the guide
						  dog is properly leashed and muzzled and does not occupy a seat in the
						  conveyance.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 33 - RAILROAD TRANSPORTATION › Subchapter C - CLEARANCES › Section 33.121 - Overhead clearances

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Minimum
					 overhead clearances above railroad tracks, used or proposed to be used for
					 transporting freight cars, shall be 22 feet, except as provided in this
					 Subchapter. Structures constructed, or under construction, prior to the
					 adopting of this Subchapter may be maintained at existing clearances and
					 additional tracks may be constructed and existing tracks reconstructed at the
					 same clearance.
(b) Overhead
					 clearance above the top of rail of such tracks located at the entrance and
					 inside of buildings may be reduced to 18 feet; if an overhead clearance of less
					 than 22 feet exists on tracks inside such buildings, movements of railway
					 equipment shall be brought to a stop before entering such buildings. In
					 switching movements requiring a number of entries, stopping is required only
					 upon initial entry.
(c) Clearances
					 provided in this section do not apply to electric wires and equipment required
					 over present and future tracks for the operation of trains by electric energy,
					 provided the carriers concerned promulgate and enforce rules which prohibit any
					 employe from being on top of cars while being operated under lower clearances
					 than provided in this section.
(d)
					 Clearances provided in this section do not apply to enginehouses, enginehouse
					 facilities, tipples, or facilities used for servicing cars or for loading or
					 unloading of bulk commodities, if such compliance is not reasonably
					 practicable.
This section cited in 52 Pa. Code §
													33.123 (relating to overhead and
						  side clearances).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 33 - RAILROAD TRANSPORTATION › Subchapter C - CLEARANCES › Section 33.123 - Overhead and side clearances

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 overhead and side clearances prescribed in §
											§
											33.121 and
					 33.122 (relating to overhead
					 clearances; side clearances) may be decreased to the extent of a line extending
					 diagonally downward from a point 4 feet from the center line of the track 22
					 feet above the top of the rail to a point 8 feet from the center line of the
					 track at 16 feet above the top of the rail.
(b) For tracks located at entrances to and
					 inside buildings with 18 feet overhead and 8 feet side clearances, as
					 prescribed in this subchapter, such overhead and side clearances may be
					 decreased to the extent of a line extending diagonally downward from a point 4
					 feet from the center line of the track at 18 feet above the top of the rail to
					 a point 8 feet from center line at 14 feet above top of rail.
(c) Canopies at one side of the track at
					 freight platforms may be constructed not less than four feet from the center
					 line of the track if the height of such canopies is at least 17 feet, 6 inches,
					 above the top of the rail and if the full clearance of 8 feet, 6 inches, is
					 maintained on the opposite side of the track from such canopy or track centers
					 to adjacent track are not less than 14 feet.
(d) Shelters over platforms used for
					 passenger car operation may be constructed not less than 4 feet, 6 inches, from
					 the center line of tracks if the height is not less than 15 feet above the top
					 of the rail and if the railroads promulgate and enforce rules prohibiting
					 employes from riding on the side of equipment if standing above car floor
					 height.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 33 - RAILROAD TRANSPORTATION › Subchapter C - CLEARANCES › Section 33.124 - Clearances between parallel tracks

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The minimum distance between the center
					 lines of parallel tracks shall not be less than 13 feet, 6 inches, for main
					 tracks and not less than 13 feet, 6 inches, for yard and side tracks, except as
					 otherwise provided in this section.
(b) The center line of any track, except a
					 main track or a passing track, parallel and adjacent to main track or a passing
					 track, shall be at least 15 feet from the center line of such main track or
					 passing track, except that if a passing track is adjacent to and at least 15
					 feet distant from the main track, such other track may be constructed adjacent
					 to such passing track with a clearance of not less than 13 feet, 6
					 inches.
(c) The center line of any
					 ladder track, constructed parallel to any other adjacent track, shall have a
					 clearance of not less than 18 feet from the center line of such other track,
					 except that parallel ladder tracks shall have a clearance of not less than 19
					 feet from center line to center line.
(d) The minimum distance between the center
					 line of parallel team and house tracks shall not be less than 13 feet, 6
					 inches.
(e) Tracks constructed or
					 under construction prior to the effective date of these regulations may be
					 extended without increasing the distances between tracks.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 33 - RAILROAD TRANSPORTATION › Subchapter C - CLEARANCES › Section 33.125 - Other conditions and obstruction adjacent to tracks

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No merchandise, material, or other
					 articles shall knowingly be permitted to remain piled or assembled on ground or
					 on platforms adjacent to any track at a distance of less than 8 feet, 6 inches,
					 from the center line of such track. It is recommended that suitable line or
					 other marker be maintained at a distance of 8 feet, 6 inches, from the center
					 line of the track, on all platforms, excluding passenger platforms, to indicate
					 the space along the edge of such platform which shall be kept clear of
					 merchandise, material, or other articles.
(b) The space between tracks ordinarily used
					 by train and yardmen and other employes as a walkway in the discharge of their
					 duties, and the space beside such tracks within 8 feet, 6 inches, of the center
					 line of such tracks, shall be kept in reasonably suitable condition for such
					 purpose.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 33 - RAILROAD TRANSPORTATION › Subchapter C - CLEARANCES › Section 33.126 - Lesser clearances

Current through Register Vol. 54, No. 28, July 13, 2024
Except as otherwise provided in this subchapter, if
						overhead or side clearances between a track and any building, structure, or
						facility are less than the minimum prescribed in this Subchapter, but were
						created prior to the adoption of such provisions such minimum clearances shall
						be provided whenever such a building, structure, or facility is relocated or
						reconstructed. However, the Commission may grant specific requests for the
						future continuance of prior clearances at such reconstructed buildings,
						structures, or facilities, if application is made as provided in §
						33.127(b) (relating to exemptions).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 33 - RAILROAD TRANSPORTATION › Subchapter C - CLEARANCES › Section 33.127 - Exemptions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Nothing in this
					 subchapter will be construed as restricting the tempory distribution of
					 materials or the performance of work on, over, or adjacent to tracks, if such
					 distribution or performance is necessary in the construction or maintenance of
					 facilities or equipment, provided such distribution and performance is carried
					 out within a reasonable time under conditions reasonably necessary to provide
					 for the safety of all concerned, including proper notice by train order,
					 message, or bulletin.
(b) If, in
					 any particular case, exemption from any of the requirements of this subchapter
					 is deemed necessary by the carrier concerned, the Commission may grant an
					 application by such carrier for such exemption if accompanied by a full
					 statement of conditions existing and the reason why such exemption is
					 requested. Any exemption granted will be limited to the particular case covered
					 by the application.
This section cited in 52 Pa. Code §
													33.126 (relating to lesser
						  clearances).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 33 - RAILROAD TRANSPORTATION › Subchapter C - CLEARANCES › Section 33.128 - Application of regulations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Wherever the words "railroads," "railroad tracks," "tracks," "buildings,"
					 "entrances to an inside of buildings," "structures," "facilities," "platforms,"
					 and other similar terms appear in this Subchapter, they apply only to property
					 owned by, or leased to, common carrier railroads.
(b) This subchapter does not apply to
					 repairs, renewals, maintenance, extensions, additions, or rearrangements in
					 substantially the same location and within the general plan of existing
					 installations if existing clearances are not reduced.
(c) This section shall not be construed as
					 limiting the authority or jurisdiction of the Commission.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 37 - SAFETY CODE FOR TRANSPORTATION OF PROPERTY AND PASSENGERS › Subchapter A - GENERAL PROVISIONS › Section 37.201 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Purpose
. This chapter prescribes the minimum requirements for
					 drivers and vehicles involved in the transportation of property and passengers
					 by motor carrier, as regulated by the Commission. Much of this chapter
					 incorporates by reference 49
					 CFR Parts 382 and
					 390-396.
(b)
Application.
(1) Except as provided for in Subchapter D
					 (relating to requirements for lightweight vehicles), this chapter is applicable
					 to drivers, employes, officers, agents, representatives and motor carriers,
					 involved in the transportation of property, including household goods, and
					 passengers as regulated by the Commission.
(2) A motor carrier shall be knowledgeable of
					 and comply with the applicable requirements of this chapter, and shall instruct
					 its drivers, employes, officers, agents and representatives of them.
(3) Motor vehicles, operated by motor
					 carriers regulated by the Commission, shall be maintained in compliance with
					 this chapter, and other applicable laws and regulations of the
					 Commonwealth.
(4) Driver and
					 vehicle inspections of a motor carrier regulated by the Commission, conducted
					 by qualified personnel employed by a Federal, State or local government agency,
					 may be used in an investigation or administrative proceeding before the
					 Commission.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 37 - SAFETY CODE FOR TRANSPORTATION OF PROPERTY AND PASSENGERS › Subchapter A - GENERAL PROVISIONS › Section 37.203 - Effect of incorporation of the Code of Federal Regulations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Title
					 and name changes
. To reconcile differences between this chapter and
					 the incorporated sections of Federal regulations and to effectuate their joint
					 enforcement, the following words and phrases shall be substituted for the
					 language of the Federal regulations:
(1)
					 Reference to interstate commerce means transportation as regulated by the
					 Commission.
(2) Reference to the
					 Director means the Director of Transportation and Safety.
(3) Reference to the Regional Director means
					 the Director of Transportation and Safety.
(4) Reference to commercial motor vehicle
					 means motor vehicle, as defined in §
												37.202 or §
												37.205 (relating to definitions;
					 and additions or modifications to 49 CFR) as appropriate.
(5) Reference to the Secretary means the
					 Director of Transportation and Safety.
(6) Reference to special agent means an
					 enforcement officer employed by the Commission.
(7) Reference to the Federal Highway
					 Administration means the Commission.
(8) Reference to the Federal Highway
					 Administration Administrator or FHWA Administrator means the Director of
					 Transportation and Safety, except in § 37.205(1)(iv).
(9) Reference to the subchapter or Subchapter
					 B means Chapter 37.
(10) Reference
					 to the Regional Offices of Motor Carrier Safety means Bureau of Transportation
					 and Safety.
(11) Reference to the
					 Associate Administrator means the Director of Transportation and
					 Safety.
(12) Reference to Part 40
					 means 49 CFR Part 40 (relating to procedures for transportation workplace drug
					 testing programs).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 37 - SAFETY CODE FOR TRANSPORTATION OF PROPERTY AND PASSENGERS › Subchapter A - GENERAL PROVISIONS › Section 37.204 - Adoption of portions of 49 CFR by reference

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission incorporates by reference the following
						portions of 49 CFR (relating to transportation), subject to §
											§
											37.202 and
						37.205 (relating to definitions;
						and additions or modifications to 49 CFR).
(1) Part 382 (relating to driver drug and
					 alcohol testing).
(2) Part 390
					 (relating to Federal motor carrier safety regulations; general).
(3) Part 391 (relating to qualifications of
					 drivers).
(4) Part 392 (relating to
					 driving of motor vehicles).
(5)
					 Part 393 (relating to parts and accessories necessary for safe
					 operation).
(6) Part 395 (relating
					 to hours of service for drivers).
(7) Part 396 (relating to inspection, repair
					 and maintenance).
This section cited in 52 Pa. Code §
													37.205 (relating to additions or
						  modifications to 49 CFR); and 52 Pa. Code § 31.32 (relating to
						  equipment).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 37 - SAFETY CODE FOR TRANSPORTATION OF PROPERTY AND PASSENGERS › Subchapter A - GENERAL PROVISIONS › Section 37.205 - Additions or modifications to 49 CFR

Current through Register Vol. 54, No. 28, July 13, 2024
As stated in §
											37.204 (relating to adoption of
						portions of 49 CFR by reference), this chapter generally incorporates
						49 CFR Parts
						382 and
						390-396. The following
						modifications, additions and deletions to those parts also apply:
(1) Part 382 (relating to controlled
					 substances and alcohol use and testing).
(i)
												49 CFR
					 382.103 (relating to applicability) is
					 modified to incorporate the following provisions:
(A)
													49 CFR
					 382.103(a) is modified to
					 read: This part applies to motor carriers and persons who operate a motor
					 vehicle as defined in this section at subparagraph (ii)(C), in transportation
					 as regulated by the Commission.
(B)
													49 CFR
					 382.103(c) is deleted in its
					 entirety and replaced with the following: the Commission will permit compliance
					 with this part by persons who have been subject to the testing provisions of
					 another Department of Transportation agency.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 37 - SAFETY CODE FOR TRANSPORTATION OF PROPERTY AND PASSENGERS › Subchapter A - GENERAL PROVISIONS › Section 37.206 - Interpretations of the Federal Highway Administration, United States Department of Transportation

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission will be guided by the interpretations
						issued by the Federal Highway Administration, United States Department of
						Transportation.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 37 - SAFETY CODE FOR TRANSPORTATION OF PROPERTY AND PASSENGERS › Subchapter B - DRIVER OUT-OF-SERVICE CRITERIA › Section 37.221 - Application

Current through Register Vol. 54, No. 28, July 13, 2024
In determining whether a driver of a motor carrier
						vehicle will be placed out of service as the result of an inspection by an
						enforcement officer, the enforcement officer will use the criteria in this
						chapter.
This section cited in 52 Pa. Code §
													37.205 (relating to additions or
						  modifications to 49 CFR).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 37 - SAFETY CODE FOR TRANSPORTATION OF PROPERTY AND PASSENGERS › Subchapter B - DRIVER OUT-OF-SERVICE CRITERIA › Section 37.222 - Out-of-service criteria

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The driver
					 out-of-service criteria can be found in the Commission's Uniform Out-Of-Service
					 Criteria.
(b) The Commission's
					 Uniform Out-of-Service Criteria may be obtained by contacting: Pennsylvania
					 Public Utility Commission, Motor Carrier Enforcement Division, Post Office Box
					 3265, Harrisburg, Pennsylvania 17105-3265.
This section cited in 52 Pa. Code §
													37.205 (relating to additions or
						  modifications to 49 CFR).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 37 - SAFETY CODE FOR TRANSPORTATION OF PROPERTY AND PASSENGERS › Subchapter C - VEHICLE OUT-OF-SERVICE CRITERIA › Section 37.251 - Application

Current through Register Vol. 54, No. 28, July 13, 2024
In determining whether a motor carrier vehicle will be
						placed out-of-service as the result of an inspection by an enforcement officer,
						the enforcement officer will use the criteria in this
						chapter.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 37 - SAFETY CODE FOR TRANSPORTATION OF PROPERTY AND PASSENGERS › Subchapter C - VEHICLE OUT-OF-SERVICE CRITERIA › Section 37.252 - Out-of-service criteria

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The vehicle
					 out of service criteria can be found in the Commission's Uniform Out-Of-Service
					 Criteria.
(b) The Commission's
					 Uniform Out-of-Service Criteria may be obtained by contacting: Pennsylvania
					 Public Utility Commission, Motor Carrier Enforcement Division, Post Office Box
					 3265, Harrisburg, Pennsylvania 17105-3265.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 37 - SAFETY CODE FOR TRANSPORTATION OF PROPERTY AND PASSENGERS › Subchapter C - VEHICLE OUT-OF-SERVICE CRITERIA › Section 37.253 - Additional standards

Current through Register Vol. 54, No. 28, July 13, 2024
The following additional vehicle out-of-service criteria
						applies: A vehicle shall be out of service if a tire is marked "Not for Highway
						Use" or otherwise marked and having like meaning, except vehicles permitted to
						operate with oversize wheels and tires under
						75 Pa.C.S. §
												4969
						(relating to permit for movement of vehicles with oversize wheels and
						tires).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 37 - SAFETY CODE FOR TRANSPORTATION OF PROPERTY AND PASSENGERS › Subchapter D - REQUIREMENTS FOR LIGHTWEIGHT VEHICLES › Section 37.271 - Application

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This subchapter
					 applies to lightweight vehicles as defined in §
											37.202 (relating to definitions).
					 Drivers, employes, officers, agents and representatives of motor carriers
					 operating lightweight motor vehicles, shall be knowledgeable of and comply with
					 this subchapter.
(b) Subchapters A
					 and E (relating to general provisions; and penalties) apply to motor carriers
					 operating lightweight vehicles, except for the following:
(1) 49 CFR Part 382 (relating to controlled
					 substances and alcohol use and testing).
(2) 49 CFR Part 391 Subpart H (relating to
					 controlled substances testing).
(3)
					 49 CFR Part 393 (relating to parts and accessories necessary for safe
					 operation).
(4)
												49 CFR
					 395.8 (relating to driver's record of duty
					 status).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 37 - SAFETY CODE FOR TRANSPORTATION OF PROPERTY AND PASSENGERS › Subchapter D - REQUIREMENTS FOR LIGHTWEIGHT VEHICLES › Section 37.272 - Vehicle standards

Current through Register Vol. 54, No. 28, July 13, 2024
Motor carriers may not permit a vehicle to be operated
						unless it complies with the applicable Department of Transportation equipment
						inspection standards in 67 Pa. Code Chapter 175 (relating to vehicle equipment
						and inspection).
This section cited in 52 Pa. Code §
													37.274 (relating to out-of-service
						  criteria).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 37 - SAFETY CODE FOR TRANSPORTATION OF PROPERTY AND PASSENGERS › Subchapter D - REQUIREMENTS FOR LIGHTWEIGHT VEHICLES › Section 37.273 - Driver out-of-service criteria

Current through Register Vol. 54, No. 28, July 13, 2024
Upon finding at the time of examination, a driver
						operating a lightweight vehicle in violation of the out-of-service criteria as
						set forth in paragraphs (1)-(5), an enforcement officer employed by the
						Commission will declare a driver out-of-service.
(1) The driver is not at least 18 years of
					 age.
(2) The driver is not licensed
					 to operate the motor vehicle.
(3)
					 The driver is disqualified under
					 49 CFR
					 391.15 (relating to disqualification of
					 drivers).
(4) The driver is in the
					 possession of or under the influence of drugs or other controlled substances as
					 identified in 49 CFR
					 392.4(a) (relating to drugs
					 and other substances).
(5) The
					 driver is in the possession of, has consumed intoxicating beverages within the
					 last 4 hours before going on duty, or is under the influence of an intoxicating
					 beverage.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 37 - SAFETY CODE FOR TRANSPORTATION OF PROPERTY AND PASSENGERS › Subchapter D - REQUIREMENTS FOR LIGHTWEIGHT VEHICLES › Section 37.274 - Vehicle out-of-service criteria

Current through Register Vol. 54, No. 28, July 13, 2024
Vehicles in operation which are found upon inspection not
						in compliance with §
											37.272 (relating to vehicle
						standards) will be declared out-of-service by an enforcement officer employed
						by the Commission and will be placed out-of-service utilizing the Commission's
						out-of-service sticker.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 37 - SAFETY CODE FOR TRANSPORTATION OF PROPERTY AND PASSENGERS › Subchapter E - PENALTIES › Section 37.291 - Civil penalties for safety violations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If a motor vehicle is inspected by an
					 enforcement officer while in operation, and is found to be in violation of this
					 chapter, a complaint may be instituted in accordance with section 701 of the
					 act (relating to complaints), for the purpose of levying civil penalties as
					 prescribed by section 3301 of the act (relating to civil penalties for
					 violations). For the purpose of this section, the phrase "while in operation"
					 includes vehicles housed at the carrier's facilities but in readiness to be
					 operated.
(b) If a driver of a
					 motor carrier is found to be in violation of this chapter as the result of an
					 inspection or an audit by an enforcement officer, a complaint may be instituted
					 in accordance with section 701 of the act for the purpose of levying civil
					 penalties as prescribed by section 3301 of the act.
(c) If a motor carrier is found to be in
					 violation of this chapter as the result of an inspection or an audit by an
					 enforcement officer, a complaint may be instituted in accordance with section
					 701 of the act, for the purpose of levying civil penalties as prescribed by
					 section 3301 of the act.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 37 - SAFETY CODE FOR TRANSPORTATION OF PROPERTY AND PASSENGERS › Subchapter E - PENALTIES › Section 37.292 - Suspension and revocation of certificate

Current through Register Vol. 54, No. 28, July 13, 2024
Failure to comply with this chapter or the terms and
						conditions of the certificates of public convenience or permit issued will be
						sufficient cause for the Commission to suspend, revoke or rescind the rights
						and privileges conferred by the certificate of public convenience or permit. A
						revocation or penalty will not be finally ordered until the common carrier,
						contract carrier or forwarder has first been given opportunity to be heard as
						to why the certificate or permit should not be revoked or penalty
						imposed.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 39 - BROKERS › Section 39.1 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter is promulgated under
					 66 Pa.C.S. §
											§
											2501-2509 (relating to contract by motor
					 vehicle and broker), in respect to the regulation of brokers.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 39 - BROKERS › Section 39.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The terms "broker," "Commission," "common carrier by motor
					 vehicle," "contract carrier by motor vehicle," and "person" is defined in
					 66 Pa.C.S. §
											§
											102 and
					 2501 (relating to
					 definitions; and declaration of policy and definitions).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 39 - BROKERS › Section 39.3 - Records to be kept by property brokers

Current through Register Vol. 54, No. 28, July 13, 2024
A property broker shall keep and maintain for a period of 3
					 years a record of a transaction in which he participates, which record shall
					 include for a transaction the following information:
(1) Name and address of consignor.
(2) Name, address and the lead or principal
				  docket number of the originating motor carrier.
(3) Bill of lading or freight bill number or
				  both.
(4) Description of commodity
				  or commodities, weight, rate and tariff reference.
(5) Date of shipment.
(6) Origin and destination of
				  shipment.
(7) Information on claims
				  filed.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 39 - BROKERS › Section 39.4 - Records to be kept by passenger brokers

Current through Register Vol. 54, No. 28, July 13, 2024
A passenger broker shall keep and maintain for a period of
					 3 years a record of transactions participated in as a broker, which records
					 shall include the following information:
(1) The points of origin and destination for
				  a ticket sold.
(2) The name,
				  address and the lead or principal docket number of the carrier for which the
				  ticket is sold.
(3) The amount
				  received from the passenger, including an amount, stated separately, for the
				  transportation of baggage or another service accessorial to the transportation
				  of the passenger.
(4) The payment
				  made to a carrier by motor vehicle served by the broker, referring to date and
				  check number.
(5) The amount of the
				  commissions earned by the broker for sale of transportation, for a carrier and
				  division of payment.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 39 - BROKERS › Section 39.5 - Carrier's operating authority

Current through Register Vol. 54, No. 28, July 13, 2024
In the execution of a contract, agreement or arrangement to
					 sell, provide, procure, furnish or arrange for a transportation of passengers
					 or property by a carrier, no broker may employ or engage a carrier who or which
					 is unable to lawfully provide the transportation under his contracts,
					 agreements or arrangements therefor.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 39 - BROKERS › Section 39.6 - Charge for services by property brokers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A property broker shall maintain and keep
				  open for public inspection, at a place of business which he maintains, a
				  schedule stating his maximum charge for a brokerage service which he holds out
				  to perform.
(b) No broker may
				  charge or collect more for a brokerage service than his maximum charge therefor
				  as contained in his schedules maintained under subsection (a).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 39 - BROKERS › Section 39.7 - Charges for nonbrokerage services by property brokers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A property broker shall maintain and keep
				  open for public inspection, at a place of business which he maintains,
				  schedules:
(1) Stating his minimum charge for
				  a nonbrokerage service which he holds himself out to perform for shippers,
				  consignors or consignees.
(2)
				  Stating his maximum charge for a nonbrokerage service which he holds himself
				  out to perform for carriers.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 39 - BROKERS › Section 39.8 - Misrepresentation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No broker may
				  perform a brokerage service or hold himself out to perform the service, by
				  advertisement or otherwise, in a name other than that in which his license is
				  issued.
(b) No broker may directly
				  or by implication represent himself to be a carrier in respect to a service
				  which he does not hold authority as a carrier to perform.
(c) No broker may advertise an offer of
				  service as a broker without showing in the advertisement his status as a broker
				  in type which is clear and bold and equally as large as the other type in the
				  same advertisement.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 39 - BROKERS › Section 39.9 - Billing by brokers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No broker
				  may, in a name except that of a carrier, issue a bill of lading, freight bill
				  or other document which is appropriate only for use by a carrier transporting
				  or agreeing to provide transportation service.
(b) No broker may issue an order for service
				  or another document appropriate for use by carriers or other brokers which does
				  not clearly show the name and address of the issuing broker and that it is
				  executed by a broker of transportation, in type which is clear and bold and
				  equally as large as the name of the issuing broker.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 39 - BROKERS › Section 39.10 - Rebating

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No broker may
				  charge or receive compensation from a carrier for brokerage service performed
				  in connection with a shipment which he owns, in which he has a material
				  interest, the routing of which he controls by reason of affiliation with a
				  carrier as defined in the act or nonbrokerage relationship to the traveler, the
				  shipper, consignor or consignee as traffic consultant or otherwise, or which he
				  controls by reason of his performance for the traveler, shipper, consignor or
				  consignee of nonbrokerage services.
(b) No broker may pay, give or offer to pay
				  or give, directly or indirectly, anything of value, except ordinarily used
				  inexpensive advertising specialties, to a traveler, shipper, consignor,
				  consignee or to an officer or employe of a traveler, shipper, consignor or
				  consignee.