2010 Pennsylvania Code
Title 66 - PUBLIC UTILITIES
Chapter 11 - Certificates of Public Convenience
1103 - Procedure to obtain certificates of public convenience.

     § 1103.  Procedure to obtain certificates of public convenience.
        (a)  General rule.--Every application for a certificate of
     public convenience shall be made to the commission in writing,
     be verified by oath or affirmation, and be in such form, and
     contain such information, as the commission may require by its
     regulations. A certificate of public convenience shall be
     granted by order of the commission, only if the commission shall
     find or determine that the granting of such certificate is
     necessary or proper for the service, accommodation, convenience,
     or safety of the public. The commission, in granting such
     certificate, may impose such conditions as it may deem to be
     just and reasonable. In every case, the commission shall make a
     finding or determination in writing, stating whether or not its
     approval is granted. Any holder of a certificate of public
     convenience, exercising the authority conferred by such
     certificate, shall be deemed to have waived any and all
     objections to the terms and conditions of such certificate.
        (b)  Investigations and hearings.--For the purpose of
     enabling the commission to make such finding or determination,
     it shall hold such hearings, which shall be public, and, before
     or after hearing, it may make such inquiries, physical
     examinations, valuations, and investigations, and may require
     such plans, specifications, and estimates of cost, as it may
     deem necessary or proper in enabling it to reach a finding or
     determination.
        (c)  Taxicabs.--(Repealed).
        (d)  Temporary authority.--Except during the threat or
     existence of a labor dispute, the commission under such
     regulations as it shall prescribe may, without hearing, in
     proper cases, consider and approve applications for certificates
     of public convenience, and in emergencies grant temporary
     certificates under this chapter, pending action on permanent
     certificates; but no applications shall be denied without right
     of hearing thereon being tendered to the applicant.
        (e)  Armored vehicles.--A certificate of public convenience
     to provide the transportation of property of unusual value,
     including money and securities, in armored vehicles shall be
     granted by order of the commission upon application. Such
     carriers must conform to the rules and regulations of the
     commission.
     (June 19, 1980, P.L.244, No.69, eff. 30 days; July 6, 1984,
     P.L.602, No.123, eff. imd.; Apr. 4, 1990, P.L.93, No.21, eff. 90
     days; Dec. 30, 2002, P.L.2001, No.230, eff. 60 days; July 16,
     2004, P.L.758, No.94)

        2004 Repeal Note.  Act 94 repealed subsec. (c). Section 25 of
     Act 94 provided that the repeal of subsec. (c) shall take effect
     in 270 days or on the date of publication of the notice under
     section 24 of Act 94. The notice was published in the
     Pennsylvania Bulletin March 12, 2005, at 35 Pa.B. 1737. See
     sections 20(5), 21(5) and 24 of Act 94 in the appendix to this
     title for special provisions relating to Pennsylvania Public
     Utility Commission contracts, preservation of rights,
     obligations, duties and remedies and publication in Pennsylvania
     Bulletin.
        1984 Amendment.  Act 123 added subsec. (e).
        1980 Amendment.  Act 69 added subsecs. (c) and (d), effective
     in 30 days as to subsec. (c)(4) and immediately as to the
     remainder of the section. See the preamble and sections 2, 3 and
     4 of Act 69 in the appendix to this title for special provisions
     relating to legislative findings, taxicab service in first class
     cities, annual reports to committees of General Assembly and
     effective date and applicability.
        Cross References.  Section 1103 is referred to in section
     2407 of this title; section 5516 of Title 53 (Municipalities
     Generally).