Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 27 - AIR TRANSPORTATION › Section 27.6 - Transfer of rights

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Sale or transfer of certificates.
Except as otherwise provided
				  in this chapter, no certificate or right thereunder may be sold or transferred
				  by act, or deed, or by operation of law, unless the approval of the Commission
				  be first had and obtained.
(b)
Death or incapacity of a certificate holder.
Upon the death of
				  a person to whom a certificate has been issued, or upon that person being
				  legally declared insane or otherwise incompetent, the rights conferred by the
				  certificate shall continue with the legal representative of the deceased or
				  legally incompetent holder thereof for a period of 1 year, after which the
				  rights conferred thereby shall terminate unless application has been made to
				  transfer the rights to the heir, guardian, trustee, legatee or others, in which
				  case the rights shall continue with the legal representative until the
				  application is granted or refused. Provided, however, that in the event
				  application is made by the legal representative not less than 30 days prior to
				  the end of the period of 1 year, the Commission may, at its discretion, and for
				  cause shown, permit the transfer of the rights to the executor, administrator,
				  guardian, trustee or other legal representative of the deceased or legally
				  incompetent holder for a period to be fixed by the Commission. In considering
				  petitions, pertinent orders or decrees of the court having jurisdiction over
				  the estate of the decedent or legally incompetent person may be deemed cause
				  for the granting thereof.
(c)
Transfer of certificate without hearing.
When the individual
				  holder of a certificate dies or is legally declared insane or otherwise
				  incompetent, and an application is made to transfer the rights granted under
				  the certificate to his legal representative, or where the certificate holder is
				  a partnership and the application for a transfer is in effect only to remove or
				  substitute one or more of the partners, the Commission may dispose of the
				  application with or without hearing, and after reasonable notice that the
				  Commission may direct.
(d)
Successors by operation of law.
If a trustee, receiver,
				  assignee, custodian or similar officer, or officers, shall be appointed by a
				  court of competent jurisdiction, or shall be 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 certificate holder, the officer
				  shall have authority to perform the service authorized in the certificate of
				  the debtor carrier for a period of 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 authority. If the petition is filed within 90 days of the appointment or
				  selection of the petitioner, he shall have authority to continue the operations
				  pending decisions by the Commission on the petition. In considering the
				  petition, pertinent orders or decrees of the court having jurisdiction may be
				  deemed cause for the granting hereof.
(e)
Limitations.
Operations
				  covered by subsections (b)-(d) shall be subject to the terms and conditions of
				  the certificate of public convenience and this chapter.