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PRINTER'S NO. 451
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
458
Session of
2017
INTRODUCED BY ARGALL, COSTA, RAFFERTY AND MENSCH,
FEBRUARY 28, 2017
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
FEBRUARY 28, 2017
AN ACT
Amending Title 66 (Public Utilities) of the Pennsylvania
Consolidated Statutes, in general provisions, further
providing for definitions; in contract carrier by motor
vehicle and broker, further providing for declaration of
policy and definitions; and, in violations and penalties,
further providing for unauthorized operation by carriers and
brokers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "common carrier by motor
vehicle" in section 102 of Title 66 of the Pennsylvania
Consolidated Statutes, amended November 4, 2016, (P.L.1222,
No.164), is amended to read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this part which are applicable to specific
provisions of this part, 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 section:
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"Common carrier by motor vehicle." As follows:
(1) Any common carrier who or which holds out or
undertakes the 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 any motor vehicle, with
or without driver, for transportation or for use in
transportation of persons or property as aforesaid[, and
shall include common].
(2) The term includes:
(i) Common carriers by rail, water, or air, and
express or forwarding public utilities insofar as such
common carriers or such public utilities are engaged in
such motor vehicle operations[, but].
(ii) A person who 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 with
the transportation.
(3) The term does not include:
[(1)] (i) A lessor under a lease given on a bona
fide sale of a motor vehicle where the lessor retains or
assumes no responsibility for maintenance, supervision,
or control of the motor vehicles so sold.
[(2)] (ii) 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
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any motor vehicle owned by the school district, private
school or parochial school, or 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
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.
[(3)] (iii) Any owner or operator of a farm
transporting agricultural products from, or farm supplies
to, such farm, or any independent contractor or
cooperative agricultural association hauling agricultural
products or farm supplies exclusively for one or more
owners or operators of farms.
[(4)] (iv) Any person or corporation who or which
uses, or furnishes for use, dump trucks for the
transportation of ashes, rubbish, excavated and road
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construction materials. This paragraph does not include
the use or furnishing of five-axle tractor trailers.
[(5)] (v) Transportation of property by the owner to
himself, or to purchasers directly from him, in vehicles
owned and operated by the owner of such property and not
otherwise used in transportation of property for
compensation for others.
[(6)] (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, municipal
or special election.
[(7)] (vii) Transportation of pulpwood, chemical
wood, saw logs or veneer logs from woodlots.
[(8)] (viii) Transportation by towing of wrecked or
disabled motor vehicles.
[(9)] (ix) Any person or corporation who or which
furnishes transportation for any injured, ill or dead
person.
[(10)] (x) A person or entity that is any of the
following:
[(i)] (A) A transportation network company.
[(ii)] (B) A transportation network company
driver.
(xi) A motor carrier when the motor carrier provides
transportation of household goods in containers or
trailers that are entirely packed, loaded, unloaded or
unpacked by an individual other than an employee or agent
of the motor carrier.
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Section 2. Section 2501(b) of Title 66, amended November 4,
2016 (P.L.1222, No.164), is amended to read:
§ 2501. Declaration of policy and definitions.
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(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
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. The term does not include
a transportation network company or a transportation network
company driver.
"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
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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 that 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 with the transportation or use of the
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
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
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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
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.
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(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.
(x) A transportation network company or a
transportation network company driver.
(xi) A motor carrier when the motor carrier provides
transportation of household goods in containers or
trailers that are entirely packed, loaded, unloaded or
unpacked by an individual other than an employee or agent
of the motor carrier.
Section 3. Section 3310 of Title 66 is amended to read:
§ 3310. Unauthorized operation by carriers and brokers.
(a) General rule.--Any person or corporation operating as a
motor carrier or as a common carrier by airplane, and any
operator or employee of such carrier, and any person or
corporation operating as a broker, without a certificate of
public convenience, permit or license, authorizing the service
performed, as required by this part, shall be guilty of a
summary offense, and any subsequent offense by such person or
corporation shall constitute a misdemeanor of the third degree.
(b) Transportation of household property violations.--Any
person or corporation operating as a common carrier under
paragraph (2)(ii) of the definition of "common carrier by motor
vehicle" in section 102 (relating to definitions) or contract
carrier by motor vehicle under paragraph (1)(ii) of the
definition of "contract carrier by motor vehicle" in section
2501(b) (relating to declaration of policy and definitions) in
violation of this title commits an offense.
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(c) Sentencing.--
(1) A person convicted under subsection (b) commits a
misdemeanor of the third degree and shall, upon conviction,
be sentenced to pay a fine of $5,000 for a first offense and
$10,000 for a second or subsequent offense.
(2) In addition to the penalty imposed under paragraph
(1), a person convicted under subsection (b) may also be
subject to the following:
(i) Suspension of registration under 75 Pa.C.S. §
1375 (relating to suspension of registration of
unapproved carriers).
(ii) Confiscation and impoundment of vehicle. A
sheriff, upon an order issued by the court and having
jurisdiction over the property, is empowered to
confiscate and impound vehicles which have been used to
provide common carrier by motor vehicle service or
contract carrier by motor vehicle service in violation of
subsection (b) or commission regulations. The process for
the disposition of impounded vehicles shall be as set
forth under 75 Pa.C.S. § 6310 (relating to disposition of
impounded vehicles, combinations and loads).
(d) Deposit of costs, fines and proceeds of forfeitures.--
Notwithstanding section 3315 (relating to disposition of fines
and penalties), all costs and fines collected and penalties
recovered under subsection (c) shall be deposited into the
General Fund and shall be deemed an augmentation to any
appropriation to the commission. All amounts appropriated to the
commission under this section shall be used to administer and
enforce this chapter and commission regulations applicable to
motor carriers.
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Section 4. This act shall take effect in 60 days.
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