reglab/statecodes huggingface dataset:
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 › CONTRACT CARRIERS OF HOUSEHOLD GOODS IN USE › Section 31.46 - Tariff regulations

Current through Register Vol. 54, No. 28, July 13, 2024
Tariff regulations applicable to carriers are set forth
						in Chapters 23 and 53 (relating to tariffs for common carriers; and tariffs for
						noncommon carriers).
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 › FORWARDERS OF PROPERTY › Section 31.62 - Use of or interchange with carriers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No forwarder in intrastate commerce may
					 use or interchange with a motor or water common carrier which does not have a
					 certificate of public convenience issued by the Commission, if the certificate
					 is required.
(b) No forwarder may
					 accept freight from, or deliver freight to, a motor, air or water contract
					 carrier which does not have a permit issued by the Commission, if the permit is
					 required. A forwarder may accept freight from, or deliver freight to, a
					 contract carrier with the permit for the customers the contract carrier is
					 authorized to serve, and only to the extent the contract carrier is authorized
					 to serve the customer. The forwarder shall neither receive allowance nor
					 participate in joint rates with a contract carrier.
The provisions of this §
													31.62 amended under the Public
						  Utility Code,
						  66 Pa.C.S. §
														501.
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 › FORWARDERS OF PROPERTY › Section 31.63 - Equipment

Current through Register Vol. 54, No. 28, July 13, 2024
Equipment regulations applicable to common carriers, the
						provisions of which are set forth in §
											31.32 (relating to equipment),
						also apply to forwarders.
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 › FORWARDERS OF PROPERTY › Section 31.64 - Identification of equipment

Current through Register Vol. 54, No. 28, July 13, 2024
Identification of equipment regulations applicable to
						common carriers, the provisions of which are set forth in §
											31.33 (relating to identification
						of equipment), also apply to motor vehicles operated by forwarders, except that
						the classification shall be shown as follows:
"Pa. P.U.C. No. F"
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 › TRANSPORTATION OF HOUSEHOLD GOODS IN USE › Section 31.122 - Estimated cost of services

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 household goods carrier shall prepare an estimated cost of services for the
					 proposed service, on a form. The form shall be supplied to the shipper at least
					 48 hours prior to the move, unless the shipper agrees, in writing, to a shorter
					 notice period. The estimate must contain the following information:
(1) Unless otherwise permitted by the
					 Commission, across the top of each form there shall be imprinted in letters at
					 least 1/2 inch high the words "Estimated Cost of Services."
(2) The names and addresses of the carrier
					 and shipper.
(3) The origin and
					 destination of the shipment.
(4)
					 The date of the estimate and the date of the proposed move.
(5) A certification that the shipper accepts
					 or rejects the minimum coverage limits for loss or damage.
(6) The applicable rates for handling,
					 packing, container use, vehicles, labor, weight and distance, and excess
					 loss/damage coverage above the minimum.
(7) Notification to the shipper that the
					 shipper will be required to pay any increase in charges resulting from changes
					 to the carrier's tariff between the time of the estimate and the actual
					 move.
(8) The signature of the
					 carrier representative and the shipper, including the date and time the
					 estimate was provided.
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 › TRANSPORTATION OF HOUSEHOLD GOODS IN USE › Section 31.123 - Delivery when charges exceed estimates

Current through Register Vol. 54, No. 28, July 13, 2024
If actual charges exceed the amount shown in the
						carrier's estimate, the carrier, upon request of the shipper or the shipper's
						representative, shall relinquish possession of the complete shipment at
						destination upon payment of the estimated amount plus 10% over the estimate or
						$25, whichever is greater. The carrier shall defer demand for the remainder of
						the tariff charges for 15 days following delivery.
The provisions of this §
													31.123 amended under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  1102,
						  1103,
						  1501,
						  1502,
						  1504,
						  1506,
						  1508 and Chapters 23 and
						  25.
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 › TRANSPORTATION OF HOUSEHOLD GOODS IN USE › Section 31.124 - Report of underestimates

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 motor common carrier of household goods in use shall file with the Pennsylvania
					 Public Utility Commission, Bureau of Transportation and Safety, Harrisburg,
					 Pennsylvania, 17105-3265, a quarterly report containing instances during the
					 period wherein charges exceeded the estimate by more than 10% with the
					 explanation of the reasons for the variances. The report shall be filed within
					 30 days after the end of the quarter reported. The carrier shall retain the
					 report for 2 years after the date of filing.
(b)
Content
. The report must
					 contain the carrier's name, address and certificate number. The report must
					 also contain the total number of shipments made for the quarter, the total
					 number of reportable underestimates and the reasons for the
					 underestimates.
The provisions of this §
													31.124 amended under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  1102,
						  1103,
						  1501,
						  1502,
						  1504,
						  1506,
						  1508 and Chapters 23 and
						  25.
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 › TRANSPORTATION OF HOUSEHOLD GOODS IN USE › Section 31.125 - Obtaining weight tickets

Current through Register Vol. 54, No. 28, July 13, 2024
The carrier shall cause every shipment of household goods
						in use for distances over 40 miles to be weighed by a public weighmaster.
						Weight tickets evidencing gross and tare weights shall be obtained from the
						public weighmaster, which the driver shall identify by recording thereon the
						bill of lading number of the shipment. True copies of the weight tickets shall
						be attached to the receipt or bill of lading accompanying the shipment and
						retained in the carrier's file. True copies of the weight tickets shall also be
						furnished to the shipper upon request. Under circumstances when a public
						weighmaster is not available to the mover at origin or at a point within a
						radius of 10 miles thereof, a constructive weight based on 7 pounds per cubic
						foot of properly loaded van space may be used. When constructive weight is
						used, the mover shall designate same on the bill of lading. Weight tickets
						shall be maintained by the carrier for 2 years from the date of the
						move.
The provisions of this §
													31.125 amended under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  1102,
						  1103,
						  1501,
						  1502,
						  1504,
						  1506,
						  1508 and Chapters 23 and
						  25.
This section cited in §
													31.126 (relating to reweighing of
						  shipment).
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 › TRANSPORTATION OF HOUSEHOLD GOODS IN USE › Section 31.126 - Reweighing of shipment

Current through Register Vol. 54, No. 28, July 13, 2024
The carrier, upon request of shipper made prior to the
						delivery date, shall reweigh the shipment. The carrier shall inform the person
						requesting the reweighing of the tariff charges therefor and, without altering
						or deleting the initial weights, shall cause to be recorded on the bill of
						lading, the gross, tare and net weight on reweighing in the same manner as set
						forth in §
											31.125 (relating to obtaining
						weight tickets) for initial weighing. The lower of the two net scale weights
						shall be used for determining the applicable charges. The carrier shall publish
						in its tariff a reasonable charge for reweighing, and such charge shall be paid
						by the shipper requesting reweighing.
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 › TRANSPORTATION OF HOUSEHOLD GOODS IN USE › Section 31.127 - Failure to comply with provisions

Current through Register Vol. 54, No. 28, July 13, 2024
A common carrier by motor vehicle engaged in transporting
						household goods shall comply with this chapter, and failure to comply may
						subject the carrier to the penalties provided under
						66 Pa.C.S. §
												§
												3301-3316 (relating to violations and
						penalties). Whenever circumstances are present which in the opinion of the
						Commission indicate that a common carrier of household goods is persistently in
						violation of this chapter or 66 Pa.C.S. (relating to public utility code), the
						Commission may institute appropriate enforcement action.
The provisions of this §
													31.127 amended under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  1102,
						  1103,
						  1501,
						  1502,
						  1504,
						  1506,
						  1508 and Chapters 23 and
						  25.
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 › TRANSPORTATION OF HOUSEHOLD GOODS IN USE › Section 31.128 - Fraud or concealment by shipper

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter is not applicable where fraud or concealment
						has been practiced by the shipper in respect to the movement of household
						goods.
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 › TRANSPORTATION OF HOUSEHOLD GOODS IN USE › Section 31.129 - Fraud or concealment by carrier

Current through Register Vol. 54, No. 28, July 13, 2024
A shipper who proves to the satisfaction of the
						Commission that a carrier has committed fraud or deliberate concealment in
						rendering an estimate shall be entitled to restrict his payment to the amount
						of the estimate made by the carrier.
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 › TRANSPORTATION OF HOUSEHOLD GOODS IN USE › Section 31.131 - Notification to shipper of charges

Current through Register Vol. 54, No. 28, July 13, 2024
Whenever the shipper specifically requests notification
						of the actual weight and charges on a shipment, and supplies the carrier with
						an address or telephone number, the carrier shall comply with the request
						immediately upon determining the actual weight and charges. The notification
						shall be made by telephone, first-class mail, fax, e-mail, or in person at the
						carrier's expense unless the carrier provides in its tariff that the actual
						cost of the notification shall be collected from the shipper.
The provisions of this §
													31.131 issued under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  1102,
						  1103,
						  1501,
						  1502,
						  1504,
						  1506,
						  1508 and Chapters 23 and
						  25.
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 › TRANSPORTATION OF HOUSEHOLD GOODS IN USE › Section 31.132 - Bill of lading

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A household
					 goods carrier shall issue a bill of lading (receipt) for each shipment. The
					 bill of lading must contain the following information:
(1) The name, address and telephone number of
					 the carrier.
(2) The carrier's
					 certificate number.
(3) The name
					 and address of the shipper.
(4) The
					 date of the shipment.
(5) The
					 origin and destination of the shipment.
(6) A detailed account of the charges and
					 applicable rates.
(7) A total of
					 the charges due and acceptable methods of payment.
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 › TRANSPORTATION OF HOUSEHOLD GOODS IN USE › Section 31.133 - Inventory

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A household
					 goods carrier shall prepare a written, itemized inventory for each shipment.
					 The inventory shall identify every carton and every uncartoned item shipped. An
					 identification number corresponding to the inventory shall be placed on each
					 article in the shipment.
(b) The
					 inventory shall be prepared before the shipment is loaded for
					 transportation.
(c) The shipper
					 shall be provided the opportunity to observe and verify the accuracy of the
					 inventory.
(d) The carrier shall
					 provide a copy of the inventory, signed by both the shipper and carrier, to the
					 shipper prior to loading.
(e) Upon
					 delivery, a carrier shall provide the shipper with the opportunity to observe
					 and verify that the same articles are being delivered and the condition of the
					 articles. A carrier shall also provide the shipper the opportunity to note, in
					 writing, any missing articles and the condition of any damaged articles. The
					 carrier shall provide the shipper with a copy of all notations.
(f) For moves of 40 miles or less, a shipper
					 may waive the inventory requirement, in writing.
(g) The carrier shall retain an inventory, or
					 waiver thereof, for 2 years from the date of the shipment.
The provisions of this §
													31.133 issued under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  1102,
						  1103,
						  1501,
						  1502,
						  1504,
						  1506,
						  1508 and Chapters 23 and
						  25.
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 › TRANSPORTATION OF HOUSEHOLD GOODS IN USE › Section 31.134 - Criminal history

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Criminal history record required.
A household goods carrier
					 may not permit a person to provide moving services in a shipper's dwelling
					 until it has obtained and reviewed a criminal history record from the
					 Pennsylvania State Police and from every other state in which the person
					 resided for the last 12 months. For current employees, carriers must obtain a
					 criminal history record by November 9, 2006.
(b)
Frequency of record
					 check.
Following receipt of the initial criminal history record, a
					 household goods carrier shall obtain and review a criminal history record for
					 each employee providing moving services from the Pennsylvania State Police
					 every 2 years from the date of the last criminal history check.
(c)
Disqualification.
A
					 household goods carrier may not permit a person to provide moving services in a
					 shipper's dwelling when the person was convicted of a felony or a misdemeanor
					 under the laws of the Commonwealth or under the laws of another jurisdiction,
					 to the extent the conviction relates adversely to that person's suitability to
					 provide service safely and legally.
(d)
Record retention.
A copy
					 of the criminal history shall be maintained by the household goods carrier for
					 at least 3 years.
The provisions of this §
													31.134 issued under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  1102,
						  1103,
						  1501,
						  1502,
						  1504,
						  1506,
						  1508 and Chapters 23 and
						  25.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 32 - MOTOR CARRIER INSURANCE › Subchapter A - GENERAL › Section 32.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
						have the following meanings, unless the context clearly indicates
						otherwise:
Self-insurer
-A common or contract
						carrier by motor vehicle which adjusts and is ultimately liable for payment of
						all or part of its bodily injury, property or cargo damage claims resulting
						from the operation, maintenance or use of a motor vehicle in certificated
						service.
The provisions of this §
													32.1 issued under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  512 and
						  1103(d).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 32 - MOTOR CARRIER INSURANCE › Subchapter A - GENERAL › Section 32.2 - Insurance forms and procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Forms for certificates of insurance and others.
Endorsements
					 for policies of insurance and surety bonds, certificates of insurance,
					 applications to qualify as a self-insurer, or for approval of other securities
					 or agreements, and notices of cancellation shall be in the form prescribed and
					 approved by the Commission.
(b)
Surety bonds and certificates in effect continuously.
Surety
					 bonds and certificates of insurance shall specify that coverage will remain in
					 effect continuously until terminated, except under one of the following:
(1) When filed expressly to fill prior gaps
					 or lapses in coverage or to cover grants of emergency temporary authority of
					 unusually short duration and the filing clearly so indicates.
(2) Urgent circumstances, when special
					 permission is obtained from the Commission.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 32 - MOTOR CARRIER INSURANCE › Subchapter B - INSURANCE REQUIREMENTS › Section 32.12 - Property carrier and household goods in use carrier insurance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No common carrier or contract carrier of
					 property or household goods in use may engage in intrastate commerce and no
					 certificate will be issued, or remain in force, except as provided in §
											32.15 (relating to applications to
					 self-insure), until there has been filed with and approved by the Commission, a
					 certificate of insurance by an insurer authorized to do business in this
					 Commonwealth, to provide for the payment of valid accident claims against the
					 insured for bodily injury to or the death of persons, or the loss or damage to
					 property of others resulting from the operation, maintenance or use of a motor
					 vehicle in the insured authorized service. The liability of the insurance
					 company on each motor vehicle operated in common or contract carrier service
					 shall be in amounts not less than $300,000 per accident for a vehicle with a
					 manufacturer's gross vehicle weight rating of 10,000 pounds or less, in the
					 case of a single vehicle, or a manufacturer's gross combination weight rating
					 of 10,000 pounds or less, in the case of an articulated vehicle. The liability
					 of the insurance company on each motor vehicle operated in common or contract
					 carrier service shall be in amounts not less than $750,000 per accident for a
					 vehicle with a manufacturer's gross vehicle weight rating over 10,000 pounds,
					 in the case of a single vehicle, or a manufacturer's gross combination weight
					 rating over 10,000 pounds, in the case of an articulated vehicle.
(b) The limitations in subsection (a) do not
					 include insurance to cover damage to cargo.
(c) Insurance coverage of motor carriers of
					 property and household goods in use shall meet the requirements of
					 75 Pa.C.S. §
												§
												1701-1799.7 (relating to Motor Vehicle
					 Financial Responsibility Law).
The provisions of this §
													32.12 issued under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  512 and
						  1103(d); amended under the
						  Public Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  1102,
						  1103 and
						  1501.
This section cited in 52 Pa. Code §
													32.13 (relating to cargo liability
						  insurance).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 32 - MOTOR CARRIER INSURANCE › Subchapter B - INSURANCE REQUIREMENTS › Section 32.13 - Cargo liability insurance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 common carrier of property or household goods in use by motor vehicle shall
					 file with the Commission, in addition to the public liability and property
					 damage certificate of insurance required under §
											32.12 (relating to property
					 carrier and household goods in use carrier insurance), certificates of
					 insurance in an amount satisfactory to the Commission, but not less than
					 $5,000, to provide payment for loss or damage to cargo carried on a motor
					 vehicle. No motor vehicle may be operated unless the insurance policy or other
					 approved method of protection is in effect at the time of operation. This
					 section may not be modified or abrogated by tariff filings. The Commission may
					 approve another method of cargo protection in specific cases.
(b) Requirements for cargo insurance do not
					 apply to dump trucks or vehicles limited to the transportation of coal, earth,
					 crushed stone, amesite and similar construction materials, or vehicles which
					 are used for the transportation of property, the value of one load being not
					 more than $500. This subsection applies only if an affidavit stating that the
					 vehicle is limited to the type of transportation described in this subsection
					 is first filed with the Commission.
The provisions of this §
													32.13 issued under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  512 and
						  1103(d); amended under the
						  Public Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  1102,
						  1103 and
						  1501.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 32 - MOTOR CARRIER INSURANCE › Subchapter B - INSURANCE REQUIREMENTS › Section 32.14 - Air carrier insurance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No
					 common carrier by air may engage in intrastate commerce, and no certificate may
					 issue or authorize the operations until there is filed with and approved by the
					 Commission a certificate of insurance issued by an insurer approved or
					 authorized to do business in this Commonwealth, or a certificate of insurance
					 issued by an eligible surplus lines insurer and designated under the act of
					 January 24, 1966 (P. L. (1965) 1509, No. 531) (40 P. S. §
												§
												1006.1-1006.19), referred to the Surplus
					 Lines Insurance Law, in amounts not less than the following limits:
(1) For bodily injury to or death of one
					 passenger, aboard the aircraft, $75,000; with a minimum coverage for each
					 occurrence of $75,000 multiplied by 75% of the number of passenger seats in the
					 aircraft for each occurrence.
(2)
					 For bodily injury to or death of persons, excluding passengers, $75,000 for
					 each person in each occurrence; with a minimum coverage for each occurrence of
					 $300,000.
(3) For loss or damage to
					 property owned by other than the insured, a minimum coverage of $100,000 for
					 each occurrence.
(4)
					 Notwithstanding the provisions of paragraphs (1)-(3), a common carrier may be
					 insured for a single limit of liability for each occurrence. In this event,
					 coverage shall be equal to or greater than the combined required minimums for
					 bodily injury, property damage or passenger liability as prescribed by this
					 section.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 32 - MOTOR CARRIER INSURANCE › Subchapter B - INSURANCE REQUIREMENTS › Section 32.15 - Applications to self-insure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 common or contract carrier by motor vehicle may file an application with the
					 Commission to act as self-insurer of all or part of its bodily injury, property
					 damage or cargo damage claims. In support of its application, the applicant
					 shall submit a true and accurate statement of its financial condition which
					 establishes its capability to satisfy its insurance obligations as they become
					 due, a self-insurance plan which includes adequate security to protect the
					 public and a description of its safety program including its past accident
					 record. An interstate carrier shall submit the approval of the Interstate
					 Commerce Commission of its proposed self-insurance plan with its application. A
					 self-insurance applicant shall agree in the application to grant the Commission
					 authority to rescind approval of self-insurer status, without hearing, if the
					 Commission determines that the public interest demands it.
(b) In reviewing self-insurance applications
					 the Commission will examine the following factors in determining whether
					 approval will be granted:
(1) The net worth of
					 the motor carrier in relationship to the size of its operation and the nature
					 and extent of its request for self-insurer status. The evidence shall
					 demonstrate the carrier's financial capability to adjust and pay insurance
					 obligations as they become due before approval will be granted.
(2) The organization of the carrier's
					 proposed self-insurance program including the adequacy of security to protect
					 the public. Security may be in the form, but is not limited to, one or more of
					 the following:
(i) Reserves.
(ii) Sinking funds.
(iii) Third party financial
					 guarantees.
(iv) Parent company or
					 affiliate sureties.
(v) Excess
					 insurance coverage.
(vi) Other
					 similar arrangements.
(3)
					 The effectiveness of the motor carrier's safety program. The Commission will
					 look closely at the average number and average cost of accident losses over the
					 past 3 years in determining whether self-insurance is
					 feasible.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart B - Carriers of Passengers or Property › Chapter 32 - MOTOR CARRIER INSURANCE › Subchapter B - INSURANCE REQUIREMENTS › Section 32.16 - Standards for adjustment and payment of claims

Current through Register Vol. 54, No. 28, July 13, 2024
Common or contract carriers by motor vehicle who are
						responsible to the public for adjustment or payment of bodily injury, property
						damage or cargo damage claims, or both, shall comply with fair claims
						settlement and compromise practices. The following practices are
						prohibited:
(1) Misrepresenting
					 pertinent facts relating to claims at issue.
(2) Failing to acknowledge and act promptly
					 upon written or oral communications with respect to insurance claims.
(3) Failing to adopt and implement reasonable
					 standards for the prompt investigation of claims.
(4) Refusing to pay claims without conducting
					 a reasonable investigation based upon available information.
(5) Failing to affirm or deny responsibility
					 for claims within a reasonable time after proof of loss statements have been
					 completed and communicated to the carrier or its representative.
(6) Not attempting in good faith to
					 effectuate prompt, fair and equitable settlements of claims in which the
					 carrier's liability has become reasonably clear.
(7) Compelling persons to institute
					 litigation to recover amounts due by offering substantially less than the
					 amounts due and ultimately recovered in actions brought by those
					 persons.
(8) Making claim payments
					 to claimants not accompanied by a statement defining which payments are being
					 made.
(9) Making known to claimants
					 a policy of appealing from arbitration awards in favor of claimants to induce
					 or compel them to accept settlements or compromises less than the amount
					 awarded in arbitration.
(10)
					 Delaying the investigation or payment of claims by requiring a physician to
					 submit a preliminary claim report and then requiring the subsequent submission
					 of formal proof of loss forms, both of which submissions contain substantially
					 the same information.
(11) Failing
					 to promptly provide a reasonable explanation in relation to the facts or
					 applicable law for denial of a claim or for the offer of a compromise
					 settlement.
The provisions of this §
													32.16 issued under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  512 and
						  1103(d).
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 › ACCIDENTS › Section 33.11 - General

Current through Register Vol. 54, No. 28, July 13, 2024
Each carrier shall submit a report of each reportable
						  accident or incident involving its facilities or operation in this
						  Commonwealth. Reports shall be addressed to the Bureau of Technical Utility
						  Services, Pennsylvania Public Utility Commission, 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 33 - RAILROAD TRANSPORTATION › Subchapter B - SERVICE AND FACILITIES › ACCIDENTS › Section 33.12 - Reportable accidents or incidents

Current through Register Vol. 54, No. 28, July 13, 2024
A reportable accident or incident is one as defined in
						  49 CFR (relating to transportation) and when a carrier is required to report to
						  the Federal Railroad Administration under 49 CFR Part 225 (relating to railroad
						  accidents/incidents: reports classification, and
						  investigations).
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 › ACCIDENTS › Section 33.13 - Telephone reports

Current through Register Vol. 54, No. 28, July 13, 2024
A carrier shall immediately report by telephone to the
						  Bureau an accident or incident which requires the carrier to telephonically
						  notify the Federal Railroad Administration under 49 CFR Part 225 (relating to
						  railroad accidents/incidents: reports classification, and investigations). The
						  proper telephone number is provided on the Commission's web site at
www.puc.pa.gov
.
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 › ACCIDENTS › Section 33.14 - Accident or incident report forms

Current through Register Vol. 54, No. 28, July 13, 2024
Carriers shall make reports to the Bureau on forms
						  which the carrier shall file with the Federal Railroad Administration as
						  prescribed by 49 CFR Part 225 (relating to railroad accidents/incidents:
						  reports classification, and investigations). Reports shall be submitted to the
						  Commission within the same time period as the reports are required to be
						  submitted to the Federal Railroad Administration under
						  49 CFR Part
						  225.
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 › PROTECTION OF CROSSINGS AT GRADE › Section 33.21 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A light shall
						be displayed on the head end of drafts of railroad cars being pushed or dropped
						over a public highway crossing, at grade, during hours of darkness, whether or
						not the tracks constitute a part of a railroad yard, except at times when such
						crossing is protected either by gates, watchmen, or train service
						employes.
(b) No carrier shall,
						without Commission approval, remove the protection afforded by interlocking
						signals, crossing gates, watchmen, automatic crossing signals, or any other
						protection against accidents, or reduce the number of hours that manual
						protection is maintained, or substitute or alter any existing form of
						protection at crossings, at grade, of the tracks of a carrier across a public
						highway, or the tracks of another carrier.
(c) Prior to installing automatic crossing
						signals at any unprotected crossing of a public highway, at grade, across its
						track or tracks, or at such a crossing, which is protected by fixed signs only,
						a carrier shall submit to the Commission plans of such proposed installation
						and receive approval of such plans.
(d) This section and §
												§
												33.21-33.23 and
						33.31 (relating to State aid for
						protective devices; aid from the Commission; and regulation and procedure) may
						not prevent the placing of watchmen or gates at any public highway crossing, at
						grade, or an increase by a carrier of the number of hours, daily, during which
						any public highway crossing, at grade, shall be protected, nor prevent the
						temporary use of watchmen or increased protection during emergencies, nor limit
						the trial installation of experimental protection devices. However, the
						Commission shall be notified promptly of such experimental signal installations
						or temporary manual protection. Commission approval of such additional
						temporary or experimental protection will not be required nor will such
						approval be required for removal of such additional temporary or experimental
						protection.
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 › PROTECTION OF CROSSINGS AT GRADE › Section 33.22 - State aid for protective devices

Current through Register Vol. 54, No. 28, July 13, 2024
In order to assist in establishing uniformity of
						  protection at public highway crossings, at grade, presently unprotected and to
						  provide improvements over devices now in use at other such crossings, the
						  Department has agreed that it will participate in the cost of installing
						  protection at grade crossing over its routes in accordance with the following
						  conditions:
(1) Notice of the proposed
						project shall be prepared by the carrier on forms furnished by the Commission
						and submitted with detailed estimates of the cost of installation and plans to
						the Commission in sufficient time, prior to the proposed installation, to
						permit investigation by the Commission's staff of conditions at the crossing
						and the sufficiency of the warning devices proposed to be installed. The forms
						will then be endorsed as to acceptability by the Director of the Bureau and
						transmitted to the Department for its approval of financial participation in
						the project.
(2) The proposed
						protection shall conform generally with the recommended standards of the joint
						committee on grade crossing protection of the Association of American
						Railroads, subject to such modifications as may be directed by this Commission.
						The carriers affected shall install and maintain the protective
						devices.
(3) Upon the completion of
						the installation, a statement of the actual cost shall be prepared by the
						carrier and forwarded to the Commission for review and transmittal to the
						Department which, upon its approval, will pay one-half the actual cost of the
						installation or such other proportion as may have been agreed to by the
						Department. If advance warning signs or other similar facilities are installed
						along the highways leading to the crossing, the cost of such facilities and
						work and expense of their installation and maintenance shall be borne and
						performed in such manner as agreed upon by the parties or as directed by the
						Commission.
This section cited in 52 Pa. Code §
														33.21 (relating to
							 general).
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 › PROTECTION OF CROSSINGS AT GRADE › Section 33.23 - Aid from the Commission

Current through Register Vol. 54, No. 28, July 13, 2024
Commonwealth aid in connection with the use of funds
						  allocated to the Commission for aid in the installation of protection at grade
						  crossings will be made by order of the Commission appropriating funds for
						  specified installations. Application for such aid shall be submitted to the
						  Bureau for recommendation to the Commission.
This section cited in 52 Pa. Code §
														33.21 (relating to
							 general).
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 › CONSTRUCTION, ALTERATION OR RELOCATION OF CROSSINGS › Section 33.31 - Regulations and procedure

Current through Register Vol. 54, No. 28, July 13, 2024
Each carrier shall comply with
						  66 Pa.C.S. §
													2702
						  (relating to construction, relocation, suspension and abolition of crossings)
						  and obtain Commission approval of the construction, alteration or relocation of
						  every public highway and railroad crossing at grade, above grade or below
						  grade, unless the Commission has given its prior unconditional consent to an
						  abandonment of service or facilities of the line of railroad upon which such
						  crossing or crossings are located.
This section cited in 52 Pa. Code §
														33.21 (relating to
							 general).
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 › SAFETY-BRIDGES, TUNNELS, TRESTLES AND SWITCHES › Section 33.41 - Bridge or tunnel warnings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Common
						carriers shall install and maintain warnings of the telltale or tapper type at
						a reasonable distance on each side of bridges, tunnels, or other obstructions
						over main tracks, main track sidings, yard and switching tracks in accordance
						with the specifications of the American Railway Engineering and Maintenance of
						Way Association or existing standard plans of individual railroads.
(b) The provisions of subsection (a) do not
						apply to locations in territory where, by railroad order or rule, employees are
						prohibited from climbing on top of moving cars, engines, or other high
						equipment, or at locations over industrial tracks where points of limited
						vertical clearances are marked by appropriate warning signs.
(c) As used in this section, the term "points
						of limited vertical clearance" shall mean points less than 22 feet above the
						top of the rail.
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 › SAFETY-BRIDGES, TUNNELS, TRESTLES AND SWITCHES › Section 33.42 - Switches marked by lamps

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Reflectorized switch targets may not be installed on either of the following
						items:
(1) Switch stands on yard tracks over
						which there is a substantial movement at night.
(2) Switch stands connected with a main track
						or passing siding track, except if the track is used only in daylight, or is
						protected by automatic block signals, cab signals, or train controls, or by a
						distant switch signal or indicator in manual block or train order
						territory.
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 › SAFETY-BRIDGES, TUNNELS, TRESTLES AND SWITCHES › Section 33.43 - Walkways and railings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each
						carrier, shall provide and maintain safe and suitable walkways and railings as
						specified by the provisions of this section on the following bridges and coal,
						ore, and other trestles of such carrier if trainmen are ordinarily and
						customarily required to walk or to get on or off trains on such structures
						except if the structure is equipped with special protection for the movement of
						molten material.
(b) The bridges
						and trestles located within a train length of the entrance to any yard or water
						station or fuel station, and those where switching is performed generally on
						five or more occasions per day shall be equipped with walkways and railings as
						described in paragraphs (1) and (2). As used in this subsection, the term
						"train length" shall mean the maximum length of any train operated over the
						particular track involved. The walkways and railings to be provided on the
						various types of bridges and trestles at such locations shall be as follows:
(1) If the maximum permissible timetable
						speed of trains in the territory where the bridge or trestle is located is in
						excess of 30 miles per hour, the following provisions shall apply:
(i)
Deck girders, deck trusses and
						trestles.
Deck girders, deck trusses, and trestles shall utilize the
						following:
(A) Walkway and railing on each
						side in the case of a single track.
(B) Walkway between tracks and walkway and
						railing on each side of the bridge in the case of multiple tracks.
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 33.52 - Blind cars

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When a trainman
						is required to ride at the rear of a train, no such train which has more than
						two blind cars at the rear shall be dispatched or leave a point to travel in
						excess of 15 miles, without performing switching, unless a rider car is
						attached to the rear of the last blind car.
(b) Subsection (a) does not apply to trains
						in work, construction, yard, belt-line, transfer, or wreck services.
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 33.53 - Pusher engines

Current through Register Vol. 54, No. 28, July 13, 2024
All common carrier railroads operating in this
						  Commonwealth shall promulgate or modify existing operating rules and procedures
						  for the government of their respective employes so as to require that the
						  operation of a pusher engine or engines behind an occupied cabin or caboose
						  car, in train, shall be used subject to the following conditions:
(1) If the horsepower to be used by a pusher
						engine or engines behind a cabin or caboose exceeds 3,500, the train crew
						shall, before such a move is made, vacate the cabin car and occupy the pusher
						engine or a cabin car or caboose behind the pusher engine or engines, and the
						train shall be brought to a stop before the pusher engine or engines are
						detached.
(2) The practice of
						"cutting off on the fly" pusher engines behind occupied cabin cars shall be
						limited to those instances in which the horsepower used by the pusher engine
						does not exceed 3,500.
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 33.54 - Federal safety regulations

Current through Register Vol. 54, No. 28, July 13, 2024
The safety regulations of the United States Department
						  of Transportation supplement the provisions of this chapter and control when
						  State regulations are pre-empted. However, a violation of the Federal
						  regulations which is not otherwise a violation of this chapter may not be
						  subject to additional penalty for the same violation if penalized by a Federal
						  tribunal.
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 33.55 - Interchange of traffic and loading of commodities on open top cars

Current through Register Vol. 54, No. 28, July 13, 2024
The "Code of Rules for the Interchange of Traffic and
						  the Rules Governing the Loading of Commodities on Open Top Cars," published by
						  the Association of American Railroads, shall supplement the provisions of this
						  chapter.