PRINTER'S NO. 3748
No. 2692 Session of 1988
INTRODUCED BY DORR, WASS, HERMAN, WOGAN, CLYMER, GEIST, JOHNSON,
FOX, MAIALE, E. Z. TAYLOR, PERZEL, RAYMOND, GODSHALL, FARMER,
GLADECK, BUSH, STUBAN, LANGTRY, KUKOVICH, ANGSTADT, MICOZZIE,
BOWSER, VAN HORNE, CORNELL, McVERRY, BURD, VROON, NOYE, FLICK
AND HECKLER, SEPTEMBER 28, 1988
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, SEPTEMBER 28, 1988
AN ACT
1 Amending Title 66 (Public Utilities) of the Pennsylvania
2 Consolidated Statutes, further providing for exclusions from
3 the definition of "common carrier by motor vehicle."
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. The definition of "common carrier by motor
7 vehicle" in section 102 of Title 66 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 102. Definitions.
10 Subject to additional definitions contained in subsequent
11 provisions of this part which are applicable to specific
12 provisions of this part, the following words and phrases when
13 used in this part shall have, unless the context clearly
14 indicates otherwise, the meanings given to them in this section:
15 * * *
16 "Common carrier by motor vehicle." Any common carrier who or
17 which holds out or undertakes the transportation of passengers
1 or property, or both, or any class of passengers or property,
2 between points within this Commonwealth by motor vehicle for
3 compensation, whether or not the owner or operator of such motor
4 vehicle, or who or which provides or furnishes any motor
5 vehicle, with or without driver, for transportation or for use
6 in transportation of persons or property as aforesaid, and shall
7 include common carriers by rail, water, or air, and express or
8 forwarding public utilities insofar as such common carriers or
9 such public utilities are engaged in such motor vehicle
10 operations, but does not include:
11 (1) A lessor under a lease given on a bona fide sale of
12 a motor vehicle where the lessor retains or assumes no
13 responsibility for maintenance, supervision, or control of
14 the motor vehicles so sold.
15 (2) Transportation of school children for school
16 purposes or to and from school sponsored extra curricular
17 activities whether as participants or spectators, together
18 with chaperons who might accompany them as designated by the
19 board of school directors not exceeding five in number, or
20 between their homes and Sunday school in any motor vehicle
21 owned by the school district, private school or parochial
22 school, or transportation of school children between their
23 homes and school or to and from school-sponsored extra
24 curricular or educational activities whether as participants
25 or spectators, together with chaperons who might accompany
26 them as designated by the board of school directors not
27 exceeding five in number, if the person performing the extra
28 curricular transportation has a contract for the
29 transportation of school children between their homes and
30 school, with the private or parochial school, with the school
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1 district or jointure in which the school is located, or with
2 a school district that is a member of a jointure in which the
3 school is located if the jointure has no contracts with other
4 persons for the transportation of students between their
5 homes and school, and if the person maintains a copy of all
6 contracts in the vehicle at all times, or children between
7 their homes and Sunday school in any motor vehicle operated
8 under contract with the school district, private school or
9 parochial school.
10 (3) Any owner or operator of a farm transporting
11 agricultural products from, or farm supplies to, such farm,
12 or any independent contractor or cooperative agricultural
13 association hauling agricultural products or farm supplies
14 exclusively for one or more owners or operators of farms.
15 (4) Any person or corporation who or which uses, or
16 furnishes for use, dump trucks for the transportation of
17 ashes, rubbish, excavated and road construction materials.
18 (5) Transportation of property by the owner to himself,
19 or to purchasers directly from him, in vehicles owned and
20 operated by the owner of such property and not otherwise used
21 in transportation of property for compensation for others.
22 (6) Transportation of voting machines to and from
23 polling places by any person or corporation for or on behalf
24 of any political subdivision of this Commonwealth for use in
25 any primary, general, municipal or special election.
26 (7) Transportation of pulpwood, chemical wood, saw logs
27 or veneer logs from woodlots.
28 (8) Transportation by towing of wrecked or disabled
29 motor vehicles.
30 (9) Any person or corporation who or which furnishes
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1 transportation for any injured, ill or dead person.
2 (10) Transportation of persons offering exclusive
3 service, in a luxury-type limousine, having a seating
4 capacity of no more than seven persons, plus the driver. The
5 limousine service shall be characterized by a rate which is
6 computed per vehicle on the number of miles or hours of use,
7 whichever is higher. The limousine service shall be
8 prohibited from advertising or conducting regular passenger
9 service without first obtaining the appropriate license from
10 the commission.
11 (11) Transportation of persons to and from the airport
12 offering nonexclusive service in a luxury-type limousine, or
13 van, having a seating capacity of no more than ten persons,
14 plus the driver. This exemption shall apply only to those
15 transport services which exceed 25 miles from point of
16 origination to destination.
17 * * *
18 Section 2. This act shall take effect in 60 days.
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