Pennsylvania § 3310 - Unauthorized operation by carriers and brokers.

§ 3310. Unauthorized operation by carriers and brokers.

(a) General rule.--Any person or corporation operating as a motor carrier or as a common carrier by airplane, and any operator or employee of such carrier, and any person or corporation operating as a broker, without a certificate of public convenience, permit or license, authorizing the service performed, as required by this part, shall be guilty of a summary offense, and any subsequent offense by such person or corporation shall constitute a misdemeanor of the third degree.

(b) Transportation of household property violations.--Any person or corporation operating as a common carrier under paragraph (2)(ii) of the definition of "common carrier by motor vehicle" in section 102 (relating to definitions) or contract carrier by motor vehicle under paragraph (1)(ii) of the definition of "contract carrier by motor vehicle" in section 2501(b) (relating to declaration of policy and definitions) in violation of this title shall be ordered to pay an administrative penalty as prescribed in subsection (c).

(c) Penalties.--

(1) The amount of the administrative penalty under subsection (b) shall be $5,000 for a first violation and $10,000 for a second or subsequent violation.

(2) In addition to the penalty imposed under paragraph (1), a person or corporation under subsection (b) may also be subject to the following:

(i) Suspension of registration under 75 Pa.C.S. § 1375 (relating to suspension of registration of unapproved carriers).

(ii) Confiscation and impoundment of vehicle. A sheriff, upon an order issued by the court and having jurisdiction over the property, is empowered to confiscate and impound vehicles which have been used to provide common carrier by motor vehicle service or contract carrier by motor vehicle service in violation of subsection (b) or commission regulations. The process for the disposition of impounded vehicles shall be as set forth under 75 Pa.C.S. § 6310 (relating to disposition of impounded vehicles, combinations and loads).

(d) Deposit of costs, fines and proceeds of forfeitures.--Notwithstanding section 3315 (relating to disposition of fines and penalties), all costs and fines collected and penalties recovered under subsection (c) shall be deposited into the General Fund and shall be deemed an augmentation to any appropriation to the commission. All amounts appropriated to the commission under this section shall be used to administer and enforce this chapter and commission regulations applicable to motor carriers.

(Dec. 22, 2017, P.L.1244, No.77, eff. 60 days)