Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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40 Pa. Code § 9.11. Transportation for hire.

VEHICLES


§ 9.11. Transportation for hire.

 (a)  Except as exempted in subsection (b), a person who transports liquor, malt or brewed beverages or alcohol for hire within this commonwealth shall obtain a Transporter-for-Hire License, Class A, a Transporter-for-Hire License, Class B or a Transporter-for-Hire License, Class C, from the Board.

 (b)  Liquor, malt or brewed beverages or alcohol, may be transported for hire without a Transporter-for-Hire License under the following conditions:

   (1)  If the alcohol in question is ‘‘denatured,’’ as specified in the Liquor Code.

   (2)  If transportation is accomplished by scheduled common air carriers of mail and passengers; or by common carriers by railroad, subject to regulation by the Pennsylvania Public Utility Commission; or by transporters-for-hire who transport liquor, malt or brewed beverages or alcohol, under contract with, and as agents of, common carriers by railroad, under railroad tariffs, railroad bills of lading, railroad regulations and railroad responsibility and direction, provided the main transportation of the liquor, malt or brewed beverages or alcohol, is by rail and the agents perform only a collection and delivery service as part of the rail transportation, and further provided that certified copies of the contracts of the agents are filed with the Board.

   (3)  If the liquor, malt or brewed beverages, or alcohol in question are for the personal use of, and not for resale by, the transporter.

   (4)  If transportation is by licensees of the Board whose licenses or permits authorize the transportation of liquor, malt or brewed beverages or alcohol in the regular operation of their licensed business.

   (5)  If transportation is by persons who transport liquor, malt or brewed beverages or alcohol, through this Commonwealth commercially and not for delivery therein:

     (i)   The operator of the vehicle shall have in his possession at all times while in this Commonwealth, an invoice and a bill of lading or waybill (showing the brand name, size and number of containers of liquor, malt or brewed beverages or alcohol so transported), which shall be produced for inspection upon the request of an authorized police or enforcement officer of this Commonwealth.

     (ii)   The cargo must remain intact and upon the same vehicle or conveyance while in this Commonwealth, unless prevented by an accident or other similarly uncontrollable circumstance.

Authority

   The provisions of this §  9.11 issued under sections 207(i) and 505.2(2) and (3) of the Liquor Code (47 P. S. § §  2-207(i) and 5-505.2(2) and (3)).

Source

   The provisions of this §  9.11 adopted June 26, 1952; amended through August 29, 1966; amended March 11, 1983, effective March 12, 1983, 13 Pa.B. 984; amended August 29, 1997, effective August 30, 1997, 27 Pa.B. 4432; amended November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139. Immediately preceding text appears at serial pages (274507) to (274508).



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