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Declaration of policy and definitions - 66 Pa. Cons. Stat. § 2501

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                                CHAPTER 25
                    CONTRACT CARRIER BY MOTOR VEHICLE
                                AND BROKER

     Sec.
     2501.  Declaration of policy and definitions.
     2502.  Regulation and classification of contract carrier and
            broker.
     2503.  Permits required of contract carriers.
     2504.  Dual operation by motor carriers.
     2505.  Licenses and financial responsibility required of
            brokers.
     2506.  Copies of contracts to be filed with commission; charges
            and changes therein.
     2507.  Minimum rates fixed and practices prescribed on
            complaint.
     2508.  Accounts, records and reports.
     2509.  Temporary permits and licenses.

        Enactment.  Chapter 25 was added July 1, 1978, P.L.598,
     No.116, effective in 60 days.
        Cross References.  Chapter 25 is referred to in section 4571
     of Title 75 (Vehicles).
     § 2501.  Declaration of policy and definitions.
        (a)  Declaration of policy.--It is hereby declared to be the
     policy of the General Assembly to regulate in this part the
     service of common carriers by motor vehicle and forwarders in
     such manner as to recognize and preserve the inherent advantages
     of, and foster sound economic conditions in such service, and
     among such carriers and forwarders in the public interest; to
     promote safe, adequate, economical, and efficient service by
     common carriers by motor vehicle and forwarders, and just and
     reasonable rates therefor, without unjust discrimination, and
     unfair or destructive practices; to improve the relations
     between, and coordinate the service and regulation of, common
     carriers by motor vehicle, forwarders, and other carriers; to
     develop and preserve a safe highway transportation system
     properly adapted to the needs of the commerce of this
     Commonwealth and insure its availability between all points of
     production and markets of this Commonwealth. It is hereby found
     as a fact, after due investigation and deliberation, that the
     service of common carriers by motor vehicle, forwarders,
     contract carriers by motor vehicle, and brokers, including the
     procurement and provision of motor vehicles and other facilities
     for the safe transportation of passengers or property over the
     highways, are so closely interwoven and interdependent, and so
     directly affect each other, that in order effectively to
     regulate such common carriers by motor vehicle and forwarders,
     and to provide a proper and safe highway transportation system
     in the public interest, it is necessary to regulate the service
     of such contract carriers by motor vehicle and brokers,
     including the procurement and provision of motor vehicles and
     other facilities for the safe transportation of passengers or
     property over the highways, in the manner set forth in this
     chapter.
        (b)  Definitions.--The following words and phrases when used
     in this part shall have, unless the context clearly indicates
     otherwise, the meanings given to them in this subsection:
        "Broker."  Any person or corporation not included in the term
     "motor carrier" and not a bona fide employee or agent of any
     such carrier, or group of such carriers, who or which, as
     principal or agent, sells or offers for sale any transportation
     by a motor carrier, or the furnishing, providing, or procuring
     of facilities therefor, or negotiates for, or holds out by
     solicitation, advertisement, or otherwise, as one who sells,
     provides, furnishes, contracts, or arranges for such
     transportation, or the furnishing, providing, or procuring of
     facilities therefor, other than as a motor carrier directly or
     jointly, or by arrangement with another motor carrier, and who
     does not assume custody as a carrier.
        "Contract carrier by motor vehicle."
            (1)  The term "contract carrier by motor vehicle"
        includes any person or corporation who or which provides or
        furnishes transportation of passengers or property, or both,
        or any class of passengers or property, between points within
        this Commonwealth by motor vehicle for compensation, whether
        or not the owner or operator of such motor vehicle, or who or
        which provides or furnishes, with or without drivers, any
        motor vehicle for such transportation, or for use in such
        transportation, other than as a common carrier by motor
        vehicle.
            (2)  The term "contract carrier by motor vehicle" does
        not include:
                (i)  A lessor under a lease given on a bona fide sale
            of a motor vehicle where the lessor retains or assumes no
            responsibility for maintenance, supervision or control of
            the motor vehicle so sold.
                (ii)  Any bona fide agricultural cooperative
            association transporting property exclusively for the
            members of such association on a nonprofit basis, or any
            independent contractor hauling exclusively for such
            association.
                (iii)  Any owner or operator of a farm transporting
            agricultural products from or farm supplies to such farm,
            or any independent contractor hauling agricultural
            products or farm supplies, exclusively, for one or more
            owners or operators of farms.
                (iv)  Transportation of school children for school
            purposes or to and from school-related activities whether
            as participants or spectators, with their chaperones, or
            between their homes and Sunday school in any motor
            vehicle owned by the school district, private school or
            parochial school, or the transportation of school
            children between their homes and school or to and from
            school-related activities whether as participants or
            spectators, with their chaperones, if the person
            performing the school-related transportation has a
            contract for the transportation of school children
            between their homes and school, with the private or
            parochial school, with the school district or jointure in
            which the school is located, or with a school district
            that is a member of a jointure in which the school is
            located if the jointure has no contracts with other
            persons for the transportation of students between their
            homes and school, and if the person maintains a copy of
            all contracts in the vehicle at all times, or children
            between their homes and Sunday school in any motor
            vehicle operated under contract with the school district,
            private school or parochial school. Each school district
            shall adopt regulations regarding the number of
            chaperones to accompany students in connection with
            school-related activities.
                (v)  Any person or corporation who or which uses, or
            furnishes for use, dump trucks for the transportation of
            ashes, rubbish, excavated or road construction materials.
                (vi)  Transportation of voting machines to and from
            polling places by any person or corporation for or on
            behalf of any political subdivision of this Commonwealth
            for use in any primary, general or special election.
                (vii)  Transportation of pulpwood, chemical wood, saw
            logs or veneer logs from woodlots.
                (viii)  Transportation by towing of wrecked or
            disabled motor vehicles.
                (ix)  Any person or corporation who or which
            furnishes transportation for any injured, ill or dead
            person.
     (June 30, 1988, P.L.481, No.81, eff. 60 days)

        1988 Amendment.  Act 81 amended subsec. (b).
        Cross References.  Section 2501 is referred to in sections
     2503, 2505, 2507 of this title.

Last modified: November 27, 2007