2 Del. Admin. Code § 2287-2.0

Current through Register Vol. 27, No. 12, June 1, 2024

Section 2287-2.0 - Delaware Transit Corporation

2.1 The principal office shall be Delaware Transit Corporation, Office of Public Carrier Regulation, at 119 Lower Beech Street, Wilmington, DE 19805.

2.2 Prohibited Conduct of Employees. DelDOT and OPC personnel shall conduct themselves in accordance with Title 29 of the Delaware Code, Chapter 58-A and in furtherance of such compliance shall not:

2.2.1 Hold a pecuniary interest in or office of any public carrier.

2.2.2 Recommend to any public carrier the employment of any person.

2.2.3 Accept from any public carrier a gift or gratuity.

2.2.4 Divulge information learned during the course of an investigation except as may be directed by OPC or authorized by law.

2.3 Books, Records, Accounts and Systems of Account of Carrier

2.3.1 OPC requires all carriers to maintain for permanent record and submission to OPC the following records, accounts and documents: annual reports, maps of operating territory, Delaware intrastate rights, Certificates of Public Convenience and Necessity for both Delaware and I.C.C./U.S. DOT, if any, and changes or addendums to said certificates, depreciation accounts, maintenance records on each vehicle, and any other records OPC may prescribe. All accounting procedures must conform with generally accepted accounting principles.

2.3.2 Every public carrier shall keep such books, accounts, papers, records and memoranda as are required by OPC and, when required, shall make available copies of its books, accounts, papers, records, and memoranda relating to the business done by such public carrier within this State for a period of three years.

2.4 Inspections

2.4.1 OPC shall have access to and the right to inspect and examine any and all vehicles, books, accounts, records, memoranda, property, plant, facilities, and equipment of public carriers. These inspections shall be made where such books, accounts, records, memoranda, property, plant, facilities, and equipment are maintained by public carriers. The OPC will provide the public carrier with at least two (2) week written notice before the OPC will perform an inspection under this section. A public carrier can request, in writing, a postponement of the inspection. An inspection may be postponed only by the OPC upon a showing of good cause from the public carrier. The inspection must be re-scheduled no more than thirty (30) days after the initial inspection date set by the OPC.

2.4.2 Per Title 21, Chapter 21, Section 2144, at any time and notwithstanding the possession of current registration plates, as provided by this title, the Secretary, or any authorized agent of the OPC or any police officer may, upon reasonable cause, require the owner or operator of a vehicle to stop and submit such vehicle and the equipment to such further inspection and test with reference thereto as may be appropriate. In the event such vehicle is found to be in an unsafe condition or lacking the required equipment or is not in proper repair and adjustment, the officer shall give a written notice to the driver and shall send a copy thereof to the OPC. The notice shall require that such vehicle and its equipment be placed in safe condition and in proper repair and adjustment and that proper equipment be obtained, and that a certificate of inspection and approval for such vehicle be obtained within 5 days thereafter.

2.5 Standards, Classifications, Regulations, Practices, Measurements, Services, Property and Equipment of Public Carrier

2.5.1 OPC shall, by order in writing:

2.5.1.1 Fix just and reasonable standards, classifications, regulations, practices, measurements or services to be furnished, imposed, observed, and followed thereafter by any public carrier.

2.5.1.2 Require every public carrier to furnish safe, adequate and proper service and keep and maintain its property and equipment in such condition as to enable it to do so.

2.5.1.3 Have the full authority to enforce these rules and regulations and impose any penalties in accordance with these rules and regulations including: the removal of the unexpired Certificate issued by OPC from the vehicles windshield; suspension or revocation of the driver's licenses of any Certificate of Public Convenience and Necessity holders, entity representatives, employees, drivers, or others involved in company activities; suspension or revocation of the Certificate of Public Convenience and Necessity; and suspension or revocation of the registration, issued by the Division of Motor Vehicles, of any vehicles operating under a Certificate of Public Convenience and Necessity or any vehicles that are providing public carrier services without a Certificate of Public Convenience and Necessity issued by the OPC unless otherwise exempted by the Public Carrier Act.

2.5.1.4 Have the full authority to revoke a Certificate of Public Convenience and Necessity, if 90 days have passed after the issuance of a Certificate of Public Convenience and Necessity, and a carrier has not begun operating the proposed service. The carrier will be given a 30 day warning, with the opportunity to request an extension past the 90 day limit. If an extension is warranted, it will be granted, up to but not exceeding 60 days past the first 90 day deadline.

2.6 Filing of Papers

2.6.1 OPC shall be responsible for the maintenance and custody of the docket files, and records and papers required to be filed with the OPC. All documents are to be filed either in person or certified mail at the Office of Public Carrier, 119 Lower Beech Street, Wilmington DE, 19805. Documents that are time limited by law of OPC rules and policies may not be accepted by the OPC if time deadlines are not met. All requests for information and copies of official records, or a request to inspect public records shall be made to the OPC in writing.

2.6.2 All orders and other actions of OPC shall be authenticated or signed by the Director or such other personnel as may be authorized by him/her.

2.6.3 Communications addressed to OPC and all applications, complaints, petitions, answers and other pleadings, all reports, exhibits, depositions, transcripts, orders and other papers or documents, received or filed in the office of OPC shall be stamped showing the date of the receipt or filing thereof.

2.6.4 All papers, of whatever character, offered for filing shall be written clearly, and contain the name, address and telephone number of the person filing the paper. The filing shall also describe the nature and reason for the filing and describe any relief, if any, being sought by the person filing the paper. OPC will not be required to receive any paper that does not contain the information required by this section.

2.7 Effective Date

2.7.1 This regulation shall become effective in accordance with Title 2 of the Delaware Code, Chapter 18, §1802(b), adoption by OPC and approval by the Secretary of the Department of Transportation. OPC shall take such action to insure that such known public carriers are informed by certified mail. OPC will also utilize additional methods to publicize the effective date to reach as many public carriers as it can.

2.8 Changes

2.8.1 Upon its own initiative or request by a public carrier or individual, OPC shall consider changes to this regulation. The proposed changes and OPC's comments and recommendations pertaining to them shall be distributed to all interested and involved parties. Changes will be made in accordance with Title 2 of the Delaware Code, Chapter 18, §1802(b), and the Secretary must approve any changes prior to implementation.

2 Del. Admin. Code § 2287-2.0

15 DE Reg. 550 (10/01/11)
22 DE Reg. 1030 (6/1/2019) (Final)