Section 29.312. Method of operation

Unless otherwise specifically provided in the certificate of public convenience, a common carrier operating a call or demand service shall have the rights and be subject to the conditions as follows:

(1) General. Vehicles engaged in call or demand service may transport persons on request, on an exclusive basis, or on a nonexclusive basis.

(2) Noninterference with scheduled service. When offering nonexclusive call or demand service, owners and drivers of vehicles shall be prohibited from permitting or causing the vehicle to be operated on a fixed time schedule over a route of a scheduled route carrier or a public transit system so as to pass specific points in a regular manner, at regular intervals, for the purpose of picking up passengers unless that route is not then in operation. The purpose of this paragraph is to prohibit call or demand operations from interfering with scheduled service.

(3) Unauthorized persons forbidden in exclusive service. Whenever a call or demand vehicle is occupied by a fare-paying passenger or by members of a party of fare-paying passengers who have engaged the vehicle on an exclusive basis, the driver of the vehicle may not permit another person to occupy or ride in the vehicle, unless the consent of the party then occupying the vehicle is obtained.

(4) Territorial restrictions, exclusive service. When engaged in service on an exclusive basis, a call or demand vehicle may transport persons:

(i) In the area authorized by the certificate.

(ii) From a point in the area authorized by the certificate to a point in this Commonwealth.

(iii) From a point in this Commonwealth to a point in the area authorized by the certificate, provided that the request for the transportation is received in the area authorized by the certificate.

(5) Territorial restrictions, nonexclusive service. When engaged in service on a nonexclusive basis, a call or demand vehicle may transport persons as follows:

(i) In the area authorized by the certificate.

(ii) From the area authorized by the certificate to a point in this Commonwealth within an airline distance of 5 statute miles from the boundary of the area authorized by the certificate.

(iii) From a point within the 5-mile region referred to in subparagraph (ii) to a point within the area authorized by the certificate, provided that the request for the transportation is received in the area authorized by the certificate.

(6) Service in unauthorized territory. Call or demand service between points outside authorized territory may not be validated by the subterfuge of routing the vehicle through authorized territory. An operator may not attempt to evade a restriction attaching to his operating rights by encouraging or causing the passengers to make a theoretical or actual fare-paying break in a trip by routing it through authorized territory.

(7) Requirement to offer exclusive service. A call or demand certificate holder shall at least offer exclusive service unless its certificate provides otherwise.

The provisions of this § 29.312 adopted January 23, 1981, effective January 24, 1981, 11 Pa.B. 409.

Notation

Notes of Decisions

The question of whether a taxicab was being used for business purposes was tied to whether a proper fare was arranged and also whether the trip involved may have violated the territorial restrictions on service set forth in the company’s PUC license. Guaranty National Insurance v. Chester County Housing Authority, 714 F. Supp. 747 (1989).

Cross References

This section cited in 52 Pa. Code § 29.311 (relating to conditions); and 52 Pa. Code § 29.353 (relating to method of operation in paratransit service).