Current through Register Vol. 54, No. 45, November 9, 2024
Section 41.14 - Evidentiary criteria used to decide motor common carrier applications-statement of policyAn applicant seeking motor common carrier authority has the burden of demonstrating that it possesses the technical and financial ability to provide the proposed service. In addition, authority may be withheld if the record demonstrates that the applicant lacks a propensity to operate safely and legally. In evaluating whether a motor carrier applicant can satisfy these fitness standards, the Commission will ordinarily examine the following factors, when applicable:
(1) Whether an applicant has sufficient capital, equipment, facilities and other resources necessary to serve the territory requested.(2) Whether an applicant and its employees have sufficient technical expertise and experience to serve the territory requested.(3) Whether an applicant has or is able to secure sufficient and continuous insurance coverage for all vehicles to be used or useful in the provision of service to the public.(4) Whether the applicant has an appropriate plan to comply with the Commission's driver and vehicle safety regulations and service standards in Chapter 29 (relating to motor carriers of passengers).(5) An applicant's record, if any, of compliance with 66 Pa.C.S. (relating to Public Utility Code), this title and the Commission's orders.(6) Whether an applicant or its drivers have been convicted of a felony or crime of moral turpitude and remains subject to supervision by a court or correctional institution.The provisions of this §41.14 adopted November 19, 1982, effective 1/1/1983, 12 Pa.B. 4282; amended May 4, 2001, effective 5/5/2001, 31 Pa.B. 2385; amended July 23, 2004, effective 7/24/2004, 34 Pa.B. 3912; amended February 9, 2018, effective 2/10/2018, 48 Pa.B. 882.