Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 31 - MOTOR CARRIER PROPERTY AND HOUSEHOLD GOODS TRANSPORTATION › GENERAL PROVISIONS › Section 31.4 - Transfer of certificates and permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A certificate or permit or the rights
					 thereunder may not be sold or transferred by act, deed or operation of law,
					 unless the approval of the Commission is first obtained. The approval may be
					 granted with or without hearing and after reasonable notice in the
Pennsylvania Bulletin
as the Commission directs.
(b) Certificates issued to motor common
					 carriers of property are nontransferable, except as provided in subsections
					 (c)-(e).
(c) Upon the death of an
					 individual holder of a certificate or permit or upon an individual
					 certificateholder being legally declared incapacitated, the rights conferred by
					 the certificate or permit shall continue with the legal representative of the
					 deceased or incapacitated holder for 1 year. After the expiration of the 1 year
					 period, appropriate proceedings shall be initiated to terminate the certificate
					 unless application has been made to transfer the rights to the heirs, guardian,
					 trustees, legatee or others, in which case the rights shall continue with the
					 legal representative until the application is granted or refused. If
					 application is made by the legal representative at least 30 days prior to the
					 end of the period of 1 year, the Commission may, for cause shown, permit the
					 transfer of rights to the executors, administrators, guardians, trustees or
					 other legal representatives of the deceased or incapacitated holder for a
					 period to be fixed by the Commission. Pertinent orders or decrees of the court
					 having jurisdiction over the estate of the decedent or incapacitated person may
					 be deemed cause for the granting of the application by the
					 Commission.
(d) If the individual
					 holder of a certificate of permit dies or is legally declared incompetent and
					 an application is made to transfer the rights granted under the certificate to
					 his legal representative or if the certificateholder is a copartnership and the
					 application for transfer is in effect to change one or more of the partners,
					 the Commission may dispose of the application without a hearing.
(e) If a trustee, receiver, assignee,
					 custodian or similar officer is appointed by a court of competent jurisdiction
					 or is selected by creditors in accordance with provisions of law, with
					 authority to take or retain possession and to operate the property and business
					 of a certificateholder, the officer shall have authority to perform the service
					 authorized in the certificates of the debtor carrier for 90 days from his
					 appointment or selection. The officer may petition the Commission for authority
					 to conduct the operations for an additional period of time, and the Commission
					 may, for good cause shown, grant the authority. If the petition is filed within
					 90 days of the appointment or selection of the petitioner, the petitioner shall
					 have the authority to continue operations pending decision by the Commission on
					 the petition. Pertinent orders or decrees of the court having jurisdiction may
					 be deemed a basis for action on the petitions by the Commission.
The provisions of this §
													31.4 amended under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  1102,
						  1103,
						  1501,
						  1502,
						  1504,
						  1506,
						  1508 and Chapters 23 and
						  25.