Section 5.235. Restrictive amendments to applications for motor carrier of passenger authority

(a) Parties to motor carrier applications for passenger authority may stipulate as to restrictions or modifications to proposed motor carrier rights. Stipulations in the form of restrictive amendments or modifications must:

(1) Be in writing.

(2) Explain why the stipulation is in the public interest.

(3) Be signed by each party to the stipulation.

(4) Be submitted to the Secretary for insertion into the document folder.

(b) Restrictive amendments shall be binding on the parties but not on the Commission if it is determined they are not in the public interest. If a restrictive amendment is not accepted by the Commission, it may remand the matter for appropriate proceedings.

The provisions of this § 5.235 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 414; amended February 6, 1998, effective February 7, 1998, 28 Pa.B. 647; amended April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097; amended May 22, 2015, effective May 23, 2015, 45 Pa.B. 2468. Immediately preceding text appears at serial page (319166).

Notation

Authority

The provisions of this § 5.235 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504—506, 1102, 1103, 1301 and 1501.

Notes of Decisions

Restrictive Amendment

The Pennsylvania Public Utility Commission properly ordered all operating rights of a carrier transferred and rejected a proposed stipulation. The proposed stipulation, in which a carrier agreed to transfer only a portion of its operating rights and to abandon the remainder in exchange for protesters withdrawing their protests to the carrier’s transfer application; was a restrictive amendment contrary to public interest. Yellow Cab Co. of Pittsburgh v. Pennsylvania Public Utility Commission, 618 A.2d 1251 (Pa. Cmwlth. 1992).