HMS Legal Blog

Uber Update – PUC Upholds $11M Penalty

Last week, the Public Utility Commission (PUC) sustained the $11 million fine it imposed against ride-sharing service Uber, voting 4-1 to deny reconsideration of its May 2016 order imposing this penalty against Uber for its unprecedented number of violations of PUC regulations, including operating without PUC authority via a certificate of public convenience.  

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PUC Requests Comments on Taxi Regulations

            On August 11, 2016, The PUC acting pursuant to Act 85 of 2016, which requires the PUC to promulgate new regulations in response to changes in the industry, requested public comment on ride sharing companies such as Uber and Lyft.  Uber and Lyft have spurred and created controversy  in both the Public Utility Commission (PUC)  and Commonwealth Courts.  The PUC requested comments include “specific suggestions for any proposal, including suggested regulatory language, with appropriate citations to current regulations that address the particular comment.  Additionally, comments must provide the underlying rationale to support any suggested temporary regulations.”  Comments are due 30 days from publication in the Pennsylvania Bulletin, which is published each Saturday.  The rulemaking is docketed at L-2016-2556432.

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Uber Week for Uber in PA - Commonwealth Court Affirms PUC’s Authorization of Raiser’s Service (an Uber Subsidiary) and PUC Decreases Recommended $49 Mil Civil Penalty to $11 Mil

            In an April 19, 2016 Opinion, the Pennsylvania Commonwealth Court[1] affirmed the Public Utility Commission’s (PUC) grant of a certificate of public convenience (CPC) for experimental authority to operate as a common carrier to Raiser-PA, LLC (Raiser) in Pennsylvania, excluding Philadelphia.[2]  Raiser is a subsidiary of Uber Technologies, Inc. (Uber), which licenses the technology to Raiser that allows users to request a ride via smartphone app. 

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PUC Gives Uber a Chance

On Thursday, July 24, the Pennsylvania Public Utility Commission decided on a way forward that will allow App-based transportation networking services Uber and Lyft to continue operating in Pittsburgh while the Commission decides whether and how to grant them permanent authority to operate. The Commission granted Emergency Temporary Authority (“ETA”) for the entities to operate experimental transportation networks in Allegheny County and simultaneously granted Commission prosecutorial staff petitions ordering the entities to cease and desist operations.  The net effect is that the Commission has determined on a preliminary basis that Uber and Lyft have been operating illegally (i.e., before their applications to provide transportation service were granted), but has also allowed them to continue operating (in compliance with strict ETA requirements) while their pending applications are being considered by PUC ALJs. Moreover, during their operation under ETA, the Commission directed that the entities maintain insurance higher than the minimum required by the relevant regulations and imposed eligibility restrictions on vehicles that offer transportation service.

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Pennsylvania Public Utility Commission Considers Comments Submitted in Response to its Proposed Rulemaking Order to Revise Evidentiary Criteria for Household Goods in Use Carrier Applicants

The Pennsylvania Public Utility Commission (“Commission”), which regulates moving companies, is reviewing comments to proposed rules that would make it easier for movers to obtain authority to commence operations in Pennsylvania.  In its September 12, 2013 Proposed Rulemaking, the Commission recommended revisions to the evidentiary criteria applicable to moving company applicants.  As reported in an earlier blog post on this site, the revisions recommended by the Commission would significantly ease entry barriers for new applicants, thereby encouraging more entrants and creating increased competition within Pennsylvania.

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Governor Waives Hours Regulations for Propane and Heating Oil Transport Drivers

Pennsylvania Governor Tom Corbett has issued an Emergency Proclamation temporarily waiving certain state and federal motor fuel carrier regulations for propane and heating oil transport carriers.

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Pennsylvania Raises Taxes on Gasoline and Undyed Diesel Fuel

On November 25, 2013, Governor Tom Corbett signed Act 89 (the “Act”) into law.  The Act, predominantly funded by an increase in motor fuel taxes, will provide needed upgrades to Pennsylvania’s transportation infrastructure.

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Emergency relief waiver extends hours of service for truck transport drivers in Pennsylvania

Pursuant to the Proclamation of Disaster Emergency issued by Governor Corbett on October 26, 2012, the Secretary of Transportation, Barry J. Schoch, has signed a waiver extending the hours drivers may drive in a single shift from 11 to 14 hours.  This waiver applies to drivers carrying motor fuels, heating oil, or propane.

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Pennsylvania Transfers Jurisdiction Over Passenger Transportation Service in Allegheny County From Port Authority to PUC

The Pennsylvania Legislature recently amended the Second Class County Port Authority Act, 55 P.S. §§551-563.5, to, among other things, transfer jurisdiction over certain passenger transportation services occurring in Allegheny County from the Port Authority of Allegheny County (“Port Authority”) to the Pennsylvania Public Utility Commission (“PUC”).  Prior to the amendments, jurisdiction over certain types of passenger service in Allegheny County, such as scheduled route, paratransit and airport transfer, resided with the Port Authority.

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