2501 - Declaration of policy and definitions.

                                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.