Section 29.322. Method of operation

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

(1) A group and party carrier may provide the services listed in this paragraph in the area authorized by its certificate except where limited by specific restrictions in its certificate:

(i) Charter service. This service shall be limited to the transportation of groups and parties of persons the charge for which is based upon the transportation of a group and not upon the number of persons carried and for which payment is made by a single individual or organization and not by the passengers as individuals.

(ii) Tour or sightseeing service. This service shall include tours and sightseeing trips on which the general public is invited: limited to trips which originate and terminate at the same point, on which advertised stops are made for sightseeing or recreational purposes, and for which each passenger pays the rate contained in the filed tariff. The charge for the trip may be for transportation alone or may include meals, hotel expenses and admission charges to points of interest.

(iii) Special excursions. This service shall be limited to advertised trips to a definite destination on which trips the general public is invited and for which transportation a passenger pays the rate contained in the filed tariff.

(2) If there is a direct or connecting service rendered by a single scheduled route carrier or a public transit system between the points of origin and destination of a contemplated special excursion or between the point of origin and a stop of a sightseeing trip, the contemplated service may not be rendered by other than the carrier unless a special permit has been obtained from the Commission. Requests for special permits shall be made to the Commission, and a copy thereof shall be served upon the carrier concerned, not less than 7 days before the date set for the trip. For purposes of this paragraph, a carrier shall be considered to be rendering direct or connecting service if it has a scheduled stop in the municipality where the trip is to originate and within 1/2 mile of the actual point of destination.

The provisions of this § 29.322 adopted January 23, 1981, effective January 24, 1981, 11 Pa.B. 409.

Notation

Notes of Decisions

Violation

The Commission’s determination that proposal did not violate this section and § § 29.321, 29.323 and 29.324 was supported by substantial evidence, and was a matter of regulatory interpretation. Professional Paramedical Services, Inc. v. Pennsylvania Public Utility Commission, 525 A.2d 1274 (Pa. Cmwlth. 1987); appeal denied 538 A.2d 879 (Pa. 1988).

Cross References

This section cited in 52 Pa. Code § 29.321 (relating to conditions); and 52 Pa. Code § 29.353 (relating to method of operation in paratransit service).