PA PUC:  Commission Adopts Proposed Policy Statement Concerning the Ill or Injured Exemption to Common Carrier by Motor Vehicle Service

 (June 14, 2011)

On March 17, 2011, the Pennsylvania Public Utility Commission (“Commission”) adopted a proposed policy statement which defines the scope of the ill or injured exemption to passenger carrier service as it pertains to the transportation of ill or injured persons for medical treatment. 

The policy statement proposes revisions to the Commission’s current policy statement at 52 Pa. Code § 41.11 (Transportation of persons to or from medical locations by paratransit operations utilizing specialized equipment – statement of policy).  The revisions seek to provide greater regulatory certainty to passenger carriers and to better conform to past Commonwealth Court and Commission precedent. 

The Commission specifically identified the following as areas of improvement with respect to the current policy statement:

• The policy statement does not clearly identify which types of passengers are covered by the ill or injured exemption

• In applying the policy statement, the Commission has maintained a distinction between non-emergency transportation to physicians' offices and other locations where medical treatment is provided. This distinction is not well grounded in law or policy.

• The policy statement is unclear as to the minimum specialized equipment standards for the vehicles used.

• The policy statement is unclear as to the minimum staff requirements for the vehicles used.

A copy of the proposed policy statement as published in the Pennsylvania Bulletin is available by clicking here.  Interested parties are invited to submit comments, which are due by July 11, 2011.  Following review of the comments that are filed, the Commission will issue a final policy statement to provide definitive guidance on this issue.

For more information on this proposed policy statement, please contact Thomas Long attorneys Thomas T. Niesen or Charles E. Thomas, III.