Section 37.202. Definitions

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

AC—Alcohol concentration—The concentration of alcohol in a person’s blood or breath. When expressed as a percentage, the term means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

Act—66 Pa.C.S. (relating to the Public Utility Code).

Bus—A motor vehicle designed, constructed and used for the transportation of passengers under certificates of public convenience and necessity issued by the Commission in scheduled route or in group or party service. For the purpose of this chapter, the designed seating capacity of the bus shall be 16 or more passengers.

Business district—The territory contiguous to and including a highway when within any 600 feet along the highway there are buildings in use for business or industrial purposes, including hotels, banks or office buildings, railroad stations and public buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the highway.

Direct assistance—Transportation and other relief services provided by a motor carrier or its drivers incident to the immediate restoration of essential services—such as, electricity, medical care, wastewater, water, telecommunications and telecommunication transmissions—or essential supplies—such as, food and fuel. The term does not include transportation related to long term rehabilitation of damaged physical infrastructure or routine commercial deliveries after the initial threat to life and property has passed.

Driveaway-towaway operation—An operation in which a motor vehicle constitutes the commodity being transported and one or more set of wheels of the vehicle being transported are on the surface of the roadway during transportation.

Driver—A person who drives or is in actual physical control of a vehicle.

Driving a vehicle while under the influence of alcohol—Committing one or more of the following acts in a motor vehicle:

(i) Driving a motor vehicle while the person’s alcohol concentration is .04% or more.

(ii) Driving under the influence of alcohol, as prescribed by Commonwealth law.

(iii) Refusal to undergo testing required in the enforcement of 49 CFR 392.5(a)(2) (relating to intoxicating beverage).

Emergency—A hurricane, tornado, storm—for example: thunderstorm, snowstorm, ice storm, blizzard, sandstorm, and the like—high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, mud slide, drought, forest fire, explosion, blackout or other occurrence, natural or man-made, which interrupts the delivery of essential services or essential supplies or otherwise immediately threatens human life or public welfare, if the hurricane, tornado or other event results in one of the following:

(i) A declaration of an emergency by the President of the United States, the Governor of a State or his authorized representatives having authority to declare emergencies; or by other Federal, State or local government officials having authority to declare emergencies.

(ii) A request by a police officer for tow trucks to move wrecked or disabled vehicles.

Emergency relief—An operation in which a motor carrier or driver of a motor vehicle is providing direct assistance to supplement State and local efforts and capabilities to save lives or property or to protect public health and safety as a result of an emergency as defined in this section.

Employe—One or more of the following:

(i) A driver of a motor vehicle.

(ii) A mechanic.

(iii) A freight handler.

(iv) An individual, other than an employe, who is employed by a motor carrier and who in the course of employment directly affects motor vehicle safety.

Employer—A common or contract motor carrier as regulated by the Commission.

Gross combination weight rating—The value specified by the manufacturer as the loaded weight of a combination.

Gross vehicle weight rating—The value specified on the Federal weight certification label by the manufacturer as the loaded weight of a single vehicle.

Gross weight—The combined weight of a vehicle or combination of vehicles and its load excluding the driver’s weight.

Intermittent, casual or occasional driver—A driver who in any period of 7 consecutive days is employed or used as a driver by more than a single motor carrier.

Lightweight vehicle—A motor vehicle, other than a vehicle that is being used to transport passengers for hire; or a vehicle that is being used to transport hazardous materials of a type or quantity that requires the vehicle to be marked or placarded under 49 CFR 177.823 (relating to marking and placarding motor vehicles) that was one of the following:

(i) Manufactured on or after January 1, 1972, and has 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.

(ii) Manufactured before January 1, 1972, and has a gross weight including its load and the gross weight of a vehicle being towed by the motor vehicle of 10,000 pounds or less.

Medical examiner—A person who is licensed, certified or registered, in accordance with applicable state laws and regulations, to perform physical examinations.

Motor carrier—Includes the following:

(i) Common carrier by motor vehicle—Persons or corporations holding out or undertaking, directly or indirectly, to transport property, or a class of property or passengers between points within this Commonwealth by motor vehicle for compensation, whether or not the owner or operator of the vehicle; or providing or furnishing a motor vehicle with or without driver for transportation or for use in transportation of property as described in this definition, and including common carriers by rail, water or air and express or forwarding public utilities insofar as the common carrier or the public utilities are engaged in the motor vehicle operation, except as expressly exempted by the act.

(ii) Contract carrier by motor vehicle—A person or corporation who or which provides or furnishes transportation of property, or a class of property or passengers, between points within this Commonwealth by motor vehicles for compensation whether or not the owner or operator of the motor vehicle, or who or which provides or furnishes with or without driver a motor vehicle for the transportation or for use in the transportation other than as a common carrier by motor vehicle, except as expressly exempted by the act.

Motor vehicle—A vehicle, machine, tractor, trailer or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or a combination thereof. The term includes a truck, truck tractor or combination having a gross vehicle weight rating or registered gross weight in excess of 10,000 pounds, and a vehicle defined as a bus in this section. For purposes of § 37.205(1) (relating to additions or modifications to 49 CFR), this definition does not apply. See the definition in § 37.205(1)(ii)(C).

Operator—See definition of ‘‘driver’’ in this section.

Out-of-service order—A declaration by an enforcement officer employed by the Commission that a driver or a motor vehicle is out-of-service under § 37.205(6)(ii), (7)(i) or the Commission’s Out-of-Service Criteria.

Person—A natural person, firm, copartnership, association or corporation.

Principal place of business—A single location designated by the motor carrier, normally its headquarters, where records required by this chapter will be maintained. Provisions in this chapter are made for maintaining certain records at locations other than the principal place of business.

Regularly employed driver—A driver who, in a period of 7 consecutive days is employed or used as a driver solely by a single motor carrier.

Residence district—The territory contiguous to and including a highway not comprising a business district when the property on the highway for a distance of 300 feet or more is in the main improved with residences or residences and buildings in use for business.

Trailer—The term includes:

(i) Full trailer—A trailer so constructed that no part of its weight rests upon the towing vehicle. The term includes a semitrailer attached to a towing vehicle by means of an auxiliary front axle or dolly.

(ii) Pole trailer—A motor vehicle which is designed to be drawn by another motor vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, for transporting long or irregularly shaped loads such as poles, pipes or structural members, which generally are capable of sustaining themselves as beams between the supporting connections.

(iii) Semitrailer—A trailer so constructed that some part of its weight rests upon or is carried by the towing vehicle.

Truck—A motor vehicle designed, used or maintained primarily for the transportation of property.

Truck tractor—A motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.

Vehicle—Every device in, upon or by which a person or property is or may be transported or drawn upon a highway, except devices used exclusively upon rails or tracks.

The provisions of this § 37.202 adopted May 19, 1995, effective May 20, 1995, 25 Pa.B. 1951; amended February 13, 1998, effective February 14, 1998, 28 Pa.B. 801. Immediately preceding text appears at serial pages (233156) to (233159).

Notation

Authority

The provisions of this § 37.202 amended under the Public Utility Code, 66 Pa.C.S. § 501.

Cross References

This section cited in 52 Pa. Code § 37.203 (relating to effect of incorporation of the Code of Federal Regulations); 52 Pa. Code § 37.204 (relating to adoption of portions of 49 CFR by reference); 52 Pa. Code § 37.205 (relating to additions or modifications to 49 CFR); and 52 Pa. Code § 37.271 (relating to application).