2 Del. Admin. Code § 2287-3.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 2287-3.0 - Public Carriers

3.1 Applicability. This regulation shall apply to all public carriers regulated by OPC in compliance with Title 2, Chapter 18 of the Delaware Code annotated.

3.1.1 Exemption. Any vehicle that is regulated by the Delaware Fire Prevention Commission as defined by 16 Del.C. § 6708 (2) and is the holder of a currently valid permit to operate a vehicle as an ambulance shall be exempt from 2 Del.C. Ch.18 as a public carrier.

3.1.2 Transition. All public carriers that have ambulances registered under these Regulations may remove these vehicles from the Certificate of Necessity and Public Convenience. If a limousine registration plate with a "LX" prefix has already been obtained, these public carriers may change the vehicle registration plate to the registration plate applicable for that type of vehicle. All title fees and registration fees shall still apply as would ordinarily be required for the registration type and term of that vehicle.

3.2 Resident Agent. Every public carrier shall file with OPC a designation in writing of the name and post office address of a person residing within this State or a corporation authorized to transact business in the State, upon whom service of any notice, order or process may be made under this Chapter. Such designation may, from time to time, be changed by like writing similarly filed.

3.3 Prohibitions

3.3.1 Hereafter no public carrier shall, without written notification to OPC and prior approval of OPC in instances where OPC has jurisdiction (see Title 2, Chapter 18, § 1802):

3.3.1.1 Exercise any franchise except to the extent granted by OPC.

3.3.1.2 Assign, lease or transfer any franchise right.

3.3.1.3 Acquire a pecuniary interest in any other public carrier operating in this State.

3.3.1.4 Abandon, discontinue or alter any franchise.

3.3.2 No public carrier shall under any circumstances:

3.3.2.1 Offer to any employee of DelDOT or OPC whose duties include the regulation of public carriers any office, appointment, gift, gratuity, or special consideration of any kind whatsoever.

3.3.2.2 Charge or receive from any person a greater or lesser compensation than from any other person under substantially similar circumstances.

3.3.2.3 Extend any privileges to any person except as authorized in Title 2, Chapter 18, Section 1816 of the Delaware Code.

3.3.2.4 Discriminate against any person as prohibited by the Laws or Constitutions of the United States and the State of Delaware.

3.3.2.5 Refuse service to any person unless he/she is under the influence of intoxicating liquors or drugs, or he/she is incapable of taking care of himself/herself, or his/her conduct is such, or is likely to be such, as to make him/her objectionable to other passengers or prospective passengers.

3.3.2.6 Physically or verbally assault, intimidate, or otherwise abuse the Director, a member, an employee, agent or other individual acting on behalf of the OPC, a passenger, public official or other individual publicly or privately by any means as annotated in 11 Del.C. § 1240.

3.3.2.7 Make or offer any false or misleading statement and information to the Director or OPC, a member, an employee, agent or other individual acting on behalf of the OPC, a passenger, public official or other individual publicly or privately by any means.

3.3.2.8 Have a vehicle registration expiration date that expires after the expiration date of the renewal Certificate sticker issued by OPC that is to be displayed at all times in the vehicle's windshield or other location as the OPC may designate. The vehicle registration shall be issued for no longer than six (6) months in accordance with Title 21, Chapter 21, § 2155, and shall expire at the same time as the OPC's renewal Certificate unless the registration is issued by a State other than the State of Delaware.

3.3.2.9 Allow anyone to operate a Vehicle for Hire while holding a suspended or revoked driver's license issued by their State of residence.

3.4 Affirmative Duties. Every public carrier shall, in addition to all other duties imposed by the Laws of the State of Delaware:

3.4.1 Maintain inside the vehicle a schedule of rates and charges currently on file with OPC for convenient inspection by the public.

3.4.2 File with OPC on or before April 1^st of the following year an annual gross revenue report for the preceding calendar year, a copy of the current year's Division of Revenue Business License, and other special reports that may from time to time be required.

3.4.3 Furnish services which are safe.

3.4.4 File with OPC within thirty (30) days of accidents involving personal injury or property damage exceeding $1000 in which they are involved. Public carriers providing service where intrastate and interstate traffic are commingled in the same vehicle shall notify OPC of accidents in which they are involved occurring within this State which also must be reported to a Federal agency, by reporting such accidents to OPC on copies of forms sent to the Federal agency. In case of death resulting from an accident, OPC shall be notified by telephone, email or in-person as soon as possible but no more than 48 hours after the accident. Both OPC and the Federal agency shall be notified concurrently.

3.4.5 Provide to OPC on or before April 1^st of the following year a listing of drivers operating vehicles under the regulatory jurisdiction of OPC. The list will be kept current by the carrier. Any driver employment changes and notifications owners/drivers convicted of a felonious crime must be reported to OPC within thirty (30) days of such change or conviction.

3.4.6 Provide a Federal Bureau of Investigation and a State Bureau of Investigation criminal history background check to verify that all individuals operating qualified vehicles are clear of any disqualifying crimes. This information must be submitted to OPC by all carriers with any new hire drivers within thirty (30) days of initial employment. In addition, this information, not more than one hundred eighty (180) days old, must be submitted to OPC by all carriers, for all owners, officers, and employees/drivers, with any new, amended, or transfer application filed with OPC.

3.4.7 Comply with these Rules and Practices. The sale of any vehicle shall not release a violator from the obligation to satisfy any administrative penalty imposed by the OPC or its agents. Any outstanding fees or penalties must be satisfied in full before the OPC can review, renew or make any changes to a carrier's operational authority.

3.4.8 Sale of any vehicle shall not release a violator from the obligation to satisfy any administrative penalty imposed by OPC or its agents. Any outstanding fees or penalties must be satisfied in full before OPC can review, renew or make any changes to a carrier's operational authority.

3.5 Transportation of Disabled Persons with Service Animals

3.5.1 All public carriers shall transport service animals. A "service animal" is defined as any guide dog, signal dog or other animal individually trained to work or perform tasks for an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue, pulling a wheelchair or fetching dropped items.

3.5.2 Any animal trained as a service animal will be permitted to travel with a passenger in a public carrier vehicle. The public carrier may ask if the animal is a service animal or a pet by asking the passenger the task the animal has been trained to perform. The public carrier may not ask any questions concerning the passenger's disability. The public carrier cannot insist on proof of the animal's service certificate and transporting of a service animal cannot be denied except as set forth in subsection 3.5.3.

3.5.3 Passengers are responsible for the control of their service animal. Service animals shall sit with their owner and not be placed in any other location in the vehicle unless the service animal's owner and the driver mutually agree to relocate the service animal and the service animal's relocation does not endanger the health and safety of the service animal. Service animals can be denied a ride or removed from a vehicle only if the passenger cannot control the behavior of the service animal or the service animal poses a direct threat to the health and safety of the driver and others. A service animal not leashed or muzzled cannot be denied a ride unless it demonstrates actions that pose a direct threat to the health and safety of the driver, passenger and others, or cannot be controlled by its owner. In any circumstance where a service animal is denied a ride or removed from a vehicle, the public carrier must offer to the passenger the option to complete the ride without the service animal.

3.5.4 No passenger with a service animal shall be charged an extra fee or treated less favorably than any passenger that does not require the services of a service animal.

3.5.5 The public carrier is not responsible for providing a service animal with a location to relieve itself, or any other additional services related to transporting a service animal.

3.5.6 A public carrier that violates any provision of subsection 3.5 may be subject to fine up to $200 and a suspension or revocation of its Certificate of Public Convenience and Necessity. These fines and penalties are in addition to other fines and penalties contained in this regulation.

3.6 Smoking Prohibited

3.6.1 Smoking is prohibited as provided in Title 11 of the Delaware Code, Chapter 5, Subchapter VII, §1326 which states the following: "Whoever in any trackless trolley coach, or gasoline or diesel-engine-propelled bus being used as a public conveyance for carrying passengers within this State, smokes or carries a lighted cigarette, cigar or pipe shall be fined not less than $5 nor more than $25."

3.7 Passenger Notification

3.7.1 Whenever any bus or railroad train is subject to a delay either en route or in a station, the passengers on board or in the station or at stations further along the line shall be told the reason for the delay and when their trip will be resumed when that information is known to pertinent personnel of the carrier.

3.8 ICC/U.S. DOT Regulation

3.8.1 All motor carriers subject to regulation by DelDOT and also engaged in interstate commerce in the State of Delaware and possessing authorization to do so from the Interstate Commerce Commission/U.S. DOT shall file with DelDOT copies of such authorization.

3.9 Public Liability Insurance

3.9.1 All public carriers' vehicles and drivers must be covered with insurance as specified in Title 2, Chapter 18, § 1802 (p) and §1818 of the Delaware Code. It shall be unlawful and a violation of this Code to lease or operate a Vehicle for Hire that is not insured to the extent required herein.

3.9.2 The minimum coverages are as follows:

	Buses	Taxi	All Other Service Types
Personal injury or death per person, per accident	$100,000	$25,000	$100,000
Per accident for property damage	$50,000	$10,000	$50,000

3.9.3 As annotated in Title 2, Chapter 18, § 1802 (1)(b), a public carrier must show sufficient financial ability to compensate a member of the public for injuries to person or property, which they may sustain from acts or failures to act of the public carrier. Public carriers holding a Certificate of Public Convenience and Necessity, issued by this State, must provide the Department with one of the following:

3.9.3.1 A General Liability insurance policy, from a solvent, reputable insurance company licensed to do business in the State of Delaware. This policy shall be conditioned for the payment of property damage and personal injuries sustained by acts or failures to act by a Public Carrier, and shall be in an amount no less than one million dollars ($1,000,000).

3.9.3.2 A bond, as authorized by Delaware law. A solvent, reputable surety company licensed to do business in the State of Delaware must complete the form, letter, or certificate. The bond shall be conditioned for the payment of property damage and personal injuries sustained by acts or failures to act by a public carrier, and shall be in an amount no less than one hundred thousand dollars ($100,000). If the bond becomes insufficient because of claims or any other reason, the operator shall have seven (7) days to restore it to the full amount, or obtain a general liability policy as stipulated.

3.9.3.3 Documentation of any nature which the public carrier presents as evidence of meeting the financial ability provision. This documentation is subject to review by the OPC, and if necessary, legal counsel of the OPC. If the proposed method of accountability is accepted, it is subject to verification by the OPC at any time, and failure to meet the financial ability provision at any time will be cause for immediate suspension of the Certificate of Public Convenience and Necessity.

3.10 Safety Regulations

3.10.1 Other Inspections; procedure; duty of owner: As per Title 21, Chapter 27, Section 2144

3.10.1.1 'At any time and notwithstanding the possession of current registration plates, as provided by this title, the OPC, or any authorized agent of the OPC or any police officer may, upon reasonable cause, require the owner or operator of a vehicle to stop and submit such vehicle and the equipment to such further inspection and test with reference thereto as may be appropriate. In the event such vehicle is found to be in an unsafe condition or lacking the required equipment or is not in proper repair and adjustment, the officer shall give a written notice to the driver and shall send a copy thereof to the OPC. The notice shall require that such vehicle and its equipment be placed in safe condition and in proper repair and adjustment and that proper equipment be obtained, and that a certificate of inspection and approval for such vehicle be obtained within 5 days thereafter from the OPC. This authority is in addition to the inspection authority provided under subsection 2.4.

3.10.2 Each operator and its operating officers, agents, employees and representatives shall comply with the following regulations, and each such operator shall require that said officers, agents, employees, and representatives shall become conversant with these regulations.

3.10.2.1 Vehicles to be operated safely - No motor vehicle shall be driven recklessly, or so as to endanger life, limb, or property. Extreme caution in the operation of motor vehicles shall be exercised under hazardous conditions, such as snow, ice, sleet, fog, mist, rain, dust, smoke, or any other condition, which adversely affects visibility or traction.

3.10.2.2 Drivers - No motor vehicle shall be driven by a driver while his/her ability or alertness is so impaired through fatigue, illness, or any other cause, as to make it unsafe for him/her to drive or to continue to drive a motor vehicle; nor shall he/she be required or knowingly be permitted to drive while in such condition, except in case of grave emergency where the hazard to passengers would be increased by observance of the foregoing regulation.

3.10.2.3 Intoxicating Liquors and Drugs - No driver shall go on duty while under the influence of intoxicating liquor or narcotic or habit producing drugs, use drugs or drink while on duty any alcoholic liquor or beverage, nor shall he/she knowingly be permitted to do so.

3.10.2.4 Grade Crossings - Each vehicle used for the transportation of passengers, by any public carrier, when carrying passengers, upon approaching any railroad or railway crossing, at grade, where there is no physical disconnection of the rail, no physical barrier across the tracks, or other definite evidence of abandonment, shall be brought to a full stop within fifty (50) feet/15.2m but not less than fifteen (15) feet/4.6m from the nearest rail of such railroad or railway grade crossing, and the vehicle shall not proceed until due care has been taken to ascertain that the course is clear; provided, however, that such stop shall not be required at a crossing of street railway tracks within an urban area. In all such cases, movement over crossings shall be made in such gear that there shall be no necessity for changing gears while traversing the crossing.

3.10.2.5 Safe Condition of Vehicle - No motor vehicle knowingly shall be operated in passenger service unless it conforms to the minimum standards of safety inspection as adopted by DelDOT. Minimum safety standards as used here means Part 393, Title 49, Code of Federal Regulations (See Section 7.1).

3.10.2.6 Explosives, Acids, and Inflammables - No public carrier knowingly shall permit the transportation of high explosives, acids, inflammable liquids, loaded guns or any other article which will endanger life or limb, in any motor vehicle used for transportation of passengers. This Section shall not apply to firearms carried by police officers or by members of the armed forces while on duty or while en route to or from duty.

3.10.2.7 Packages - No public carrier shall permit the transportation of any express or parcel freight including, but not limited to, food or other materials that may interfere with the safety or reasonable comfort of passengers.

3.10.2.8 Food Consumption - No driver shall consume food or drink that interferes with the safety and reasonable comfort of passengers including, but not limited to, introducing allergens into the vehicle.

3.10.2.9 Children - Children shall be transported using age, weight and height appropriate, federally approved car seats.

3.11 Employers' Rules. Nothing contained in these regulations shall be construed as prohibiting any public carrier from promulgating and enforcing additional rules and regulations relating to safety or operation, not inconsistent with the regulations herein adopted and the laws of this State.

3.12 Drivers

3.12.1 All drivers operating under Certificates of Public Convenience and Necessity in Delaware shall comply with the following regulations:

3.12.1.1 Must be at least eighteen (18) years of age.

3.12.1.2 Must be able to speak and understand directions, oral and written, in the English language.

3.12.1.3 Must be able to read and understand maps of the State of Delaware.

3.12.1.4 Must be in possession of a current and valid driver's license issued by DelDOT/Division of Motor Vehicles or issued by the State of which the applicant makes residence with the proper endorsement authorizing the operation of a particular service type.

3.12.1.5 Furnish the full name and address, date of birth, driver's license, and proof of citizenship of the United States of America or, if not a citizen of the United States, then a valid visa or work permit.

3.12.1.6 Operate the vehicle in accordance with principles of defensive driving.

3.12.1.7 Maintain a neat appearance at all times.

3.12.1.8 Operate all vehicle special equipment with due regard for the safety and convenience of the passenger.

3.12.1.9 Refrain from physically or verbally assaulting, intimidating, or otherwise abusing the Director, a member, an employee, agent or other individual acting on behalf of the OPC, a passenger, public official or other individual publicly or privately by any means as annotated in 11 Del.C. Ch.12, Section 1240.

3.12.1.10 Make or offer any false or misleading statement and/or information to the Director, a member, an employee, agent or other individual acting on behalf of the OPC, a passenger, public official or other individual publicly or privately by any means.

3.12.2 No driver shall collect fares or compensation for the transportation services other than the established rates or charges filed with OPC for the type of service being provided, provided, however, that this provision shall not apply to gratuities, nor shall the words "fares" or "compensation" be construed to include gratuities. Upon request the passenger will be given a receipt for the fare collected.

2 Del. Admin. Code § 2287-3.0

15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (6/1/2019) (Final)