PRINTER'S NO. 970
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
857
Session of
2015
INTRODUCED BY ARGALL, RAFFERTY, MENSCH, McILHINNEY, EICHELBERGER
AND HUGHES, MAY 29, 2015
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
MAY 29, 2015
AN ACT
Amending Title 66 (Public Utilities) of the Pennsylvania
Consolidated Statutes, in contract carrier by motor vehicle
and broker, further providing for declaration of policy and
definitions; and prescribing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2501(b) of Title 66 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 2501. Declaration of policy and definitions.
* * *
(b) Definitions.--The following words and phrases when used
in this part shall have, unless the context clearly indicates
otherwise, the meanings given to them in this subsection:
"Broker." Any person or corporation not included in the term
"motor carrier" and not a bona fide employee or agent of any
such carrier, or group of such carriers, who or which, as
principal or agent, sells or offers for sale any transportation
by a motor carrier, or the furnishing, providing, or procuring
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of facilities therefor, or negotiates for, or holds out by
solicitation, advertisement, or otherwise, as one who sells,
provides, furnishes, contracts, or arranges for such
transportation, or the furnishing, providing, or procuring of
facilities therefor, other than as a motor carrier directly or
jointly, or by arrangement with another motor carrier, and who
does not assume custody as a carrier.
"Contract carrier by motor vehicle."
(1) The term "contract carrier by motor vehicle"
includes [any]:
(i) Any person or corporation who or which provides
or furnishes transportation of passengers or property, or
both, or any class of passengers or property, between
points within this Commonwealth by motor vehicle for
compensation, whether or not the owner or operator of
such motor vehicle, or who or which provides or
furnishes, with or without drivers, any motor vehicle for
such transportation, or for use in such transportation,
other than as a common carrier by motor vehicle.
(ii) Any person or corporation who or which provides
or furnishes transportation of household property between
residential dwellings within this Commonwealth by motor
vehicle for compensation, owns or operates the motor
vehicle and provides or furnishes a driver of the motor
vehicle for such transportation or for the use in such
transportation.
(2) The term "contract carrier by motor vehicle" does
not include:
(i) A lessor under a lease given on a bona fide sale
of a motor vehicle where the lessor retains or assumes no
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responsibility for maintenance, supervision or control of
the motor vehicle so sold.
(ii) Any bona fide agricultural cooperative
association transporting property exclusively for the
members of such association on a nonprofit basis, or any
independent contractor hauling exclusively for such
association.
(iii) Any owner or operator of a farm transporting
agricultural products from or farm supplies to such farm,
or any independent contractor hauling agricultural
products or farm supplies, exclusively, for one or more
owners or operators of farms.
(iv) Transportation of school children for school
purposes or to and from school-related activities whether
as participants or spectators, with their chaperones, or
between their homes and Sunday school in any motor
vehicle owned by the school district, private school or
parochial school, or the transportation of school
children between their homes and school or to and from
school-related activities whether as participants or
spectators, with their chaperones, if the person
performing the school-related transportation has a
contract for the transportation of school children
between their homes and school, with the private or
parochial school, with the school district or jointure in
which the school is located, or with a school district
that is a member of a jointure in which the school is
located if the jointure has no contracts with other
persons for the transportation of students between their
homes and school, and if the person maintains a copy of
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all contracts in the vehicle at all times, or children
between their homes and Sunday school in any motor
vehicle operated under contract with the school district,
private school or parochial school. Each school district
shall adopt regulations regarding the number of
chaperones to accompany students in connection with
school-related activities.
(v) Any person or corporation who or which uses, or
furnishes for use, dump trucks for the transportation of
ashes, rubbish, excavated or road construction materials.
(vi) Transportation of voting machines to and from
polling places by any person or corporation for or on
behalf of any political subdivision of this Commonwealth
for use in any primary, general or special election.
(vii) Transportation of pulpwood, chemical wood, saw
logs or veneer logs from woodlots.
(viii) Transportation by towing of wrecked or
disabled motor vehicles.
(ix) Any person or corporation who or which
furnishes transportation for any injured, ill or dead
person.
Section 2. Title 66 is amended by adding a section to read:
§ 2510. Penalties.
(a) Offense defined.--A person that operates as a contract
carrier by motor vehicle within paragraph (1)(ii) of the
definition of "contract carrier by motor vehicle" in section
2501(b) (relating to declaration of policy and definitions) and
in violation of this chapter commits an offense.
(b) Grading.--A person convicted under subsection (a) shall
be guilty of a misdemeanor of the third degree and shall, upon
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conviction, be sentenced to pay a fine in the amount of $5,000
for a first offense or $10,000 for a second or subsequent
offense.
(c) Other penalties.--In addition to the fine imposed under
subsection (b), a person convicted under subsection (a) shall be
subject to the following:
(1) Suspension of registration under 75 Pa.C.S. § 1375
(relating to suspension of registration of unapproved
carriers).
(2) Forfeiture of the motor vehicle in accordance with
the procedure established by the commission under subsection
(d).
(d) Duty of commission.--The commission shall, by
regulation, establish a procedure for the forfeiture of motor
vehicles used in violation of this section.
(e) Deposit of fines and proceeds of forfeiture.--All fines
imposed and collected and proceeds from the sale of motor
vehicles forfeited under this section shall be deposited into
the General Fund and shall be deemed an augmentation to any
appropriation to the commission, provided that the money is used
for motor carrier enforcement by the commission.
Section 3. This act shall take effect in 60 days.
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