PRINTER'S NO. 3227
No. 2370 Session of 1990
INTRODUCED BY WESTON, MARCH 21, 1990
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MARCH 21, 1990
AN ACT
1 Amending Title 66 (Public Utilities) of the Pennsylvania
2 Consolidated Statutes, further providing for procedures to
3 obtain certificates of public convenience for buses.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 1103 of Title 66 of the Pennsylvania
7 Consolidated Statutes is amended by adding a subsection to read:
8 § 1103. Procedure to obtain certificates of public
9 convenience.
10 * * *
11 (f) Buses.--
12 (1) The commission shall issue a certificate of public
13 convenience for the operation of a motor common carrier
14 transporting passengers by bus to an applicant for such a
15 certificate if the commission finds that the applicant is
16 fit, willing and able to provide the transportation to be
17 authorized by the certificate, and to comply with applicable
18 laws and regulations, unless the commission finds, on the
1 basis of evidence presented by any person objecting to the
2 issuance of the certificate, that the transportation to be
3 authorized is inconsistent with the public interest.
4 (2) The requirement that persons issued certificates
5 under this subsection be fit, willing and able to provide the
6 transportation to be authorized by the certificate means
7 safety fitness and proof of such minimum financial
8 responsibility as the commission shall require by regulation.
9 (3) In making any findings relating to public interest
10 under this subsection, the commission shall, to the extent
11 applicable, consider all of the following:
12 (i) The value of competition to the traveling and
13 shipping public.
14 (ii) The effect of issuance on bus service to small
15 communities.
16 (iii) Whether issuance of the certificate would
17 impair the ability of any existing motor common carrier
18 transporting passengers by bus to provide a substantial
19 portion of the passenger service that such carrier
20 provides; except that diversion of revenue or traffic
21 from such carrier in and of itself shall not be
22 sufficient to support a finding that issuance of the
23 certificate would impair the ability of the carrier to
24 provide a substantial portion of its passenger service.
25 (4) No motor contract carrier transporting passengers by
26 bus may protest an application for a certificate of public
27 convenience under this subsection.
28 (5) No motor common carrier transporting passengers by
29 bus may protest an application for a certificate of public
30 convenience under this subsection unless:
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1 (i) (A) it possesses authority to handle, in whole
2 or in part, the traffic for which authority is
3 applied;
4 (B) it is fit, willing and able to provide
5 service that meets the reasonable needs of the
6 traveling public; and
7 (C) it has performed service within the scope of
8 the application during the previous 12-month period
9 or has, actively in good faith, solicited service
10 within the scope of the application during such
11 period;
12 (ii) it has pending before the commission an
13 application filed prior in time to the application being
14 considered for substantially the same traffic; or
15 (iii) the commission grants leave to intervene upon
16 a showing of other interests sufficient to establish that
17 participation is consistent with the public interest.
18 (6) The provisions of paragraph (1) relating to the
19 commission finding that transportation to be authorized by
20 issuance of a certificate is inconsistent with the public
21 interest shall not apply to any application under this
22 subsection for authority to provide any of the following:
23 (i) Service to any community not regularly served by
24 a motor common carrier transporting passengers by bus.
25 (ii) Service that will be a substitute for
26 discontinued rail or commercial air passenger service to
27 a community if such discontinuance results in such
28 community not having any rail or commercial air passenger
29 service and if such application is filed within 180 days
30 after such discontinuance becomes effective.
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1 (iii) Service to any community with respect to which
2 the only motor common carrier transporting passengers by
3 bus applies for authority to discontinue providing such
4 service, or for permission to discontinue or reduce its
5 level of service, under any applicable State or Federal
6 statute.
7 Section 2. This act shall take effect in 60 days.
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