Section 39.8. Misrepresentation

(a) No broker may perform a brokerage service or hold himself out to perform the service, by advertisement or otherwise, in a name other than that in which his license is issued.

(b) No broker may directly or by implication represent himself to be a carrier in respect to a service which he does not hold authority as a carrier to perform.

(c) No broker may advertise an offer of service as a broker without showing in the advertisement his status as a broker in type which is clear and bold and equally as large as the other type in the same advertisement.

Notation

Notes of Decisions

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Evidence supported the administrative law judge’s determination that common carrier acted as an unlicensed broker where the carrier’s activities included advertising tours and arranging transportation, meals, admission tickets and lodging for points originating outside the scope of the carrier’s certificate going to points in Pennsylvania and returning to points outside the certificated areas. Moreover, all of the carrier’s advertisements promoted common carrier’s company and therefore if the carrier was in fact an agent for another, then the carrier’s advertisements should have promoted that principal. Waddington v. Pennsylvania Public Utility Commission, 670 A.2d 199 (Pa. Cmwlth. 1995); appeal denied 678 A.2d 368 (Pa. 1996).