(10) Other relevant factors. C. Violation of the Transportation Provisions of the Public Utility Code BIE contends that Uber violated the Public Utility Code because neither Uber nor its subsidiaries held proper authority from the Commission to offer transportation services to the public from February 11, 2014, when Uber launched, until August 20, 2014, when the Commission issued a certificate of public convenience for temporary emergency authority to subsidiary, Raiser-PA. Uber counters that none of its activities fell within the definitions Uber’s of either a motor carrier or a broker, therefore it did not violate the Public Utility Code. Reviewing the facts in this record, it is clear that activities violated the Uber’s Public Utility Code. Uber exercised substantial control over each trip offered and was therefore providing transportation for compensation. Even if Uber was considered a broker, arranging transportation using the Uber App violated broker license. Gegen’s Section 102 of the Public Utility Code defines a transportation public utility as or corporation . . . owning or operating in this Commonwealth equipment or “Any person facilities for . . . transporting passengers or property as a A common carrier.” “common carrier” is a person or corporation or undertaking, directly or indirectly, service “holding out, offering, for compensation to the public for the transportation of passengers . . . A carrier .” “common by motor is a common carrier which undertakes the transportation of passengers within vehicle” the Commonwealth motor vehicle for compensation, whether or not the owner or operator of “by such motor vehicle, or who or which provides or furnishes the motor vehicle, with or without driver, for transportation for use in the transportation of persons . . . .” The mechanics of the Uber platform are by now well-known. Accordingly, the parties stipulated to the following: On February 11, 2014, Rasier launched the [Uber] App in Pittsburgh, Allegheny County, Pennsylvania. A passenger who has downloaded the [Uber] App, established an account and provided payment information may use the [Uber] App to locate the nearest
(10) Other relevant factors. C. Violation of the Transportation Provisions of the Public Utility Code BIE contends that Uber violated the Public Utility Code because neither Uber nor its subsidiaries held proper authority from the Commission to offer transportation services to the public from February 11, 2014, when Uber launched, until August 20, 2014, when the Commission issued a certificate of public convenience for temporary emergency authority to Uber’s subsidiary, Raiser-PA. Uber counters that none of its activities fell within the definitions of either a motor carrier or a broker, therefore it did not violate the Public Utility Code. Reviewing the facts in this record, it is clear that Uber’s activities violated the Public Utility Code. Uber exercised substantial control over each trip offered and was therefore providing transportation for compensation. Even if Uber was considered a broker, arranging transportation using the Uber App violated Gegen’s broker license. Section 102 of the Public Utility Code defines a transportation public utility as “Any person or corporation . . . owning or operating in this Commonwealth equipment or facilities for . . . transporting passengers or property as a common carrier.” A “common carrier” is a person or corporation “holding out, offering, or undertaking, directly or indirectly, service for compensation to the public for the transportation of passengers . . . .” A “common carrier by motor vehicle” is a common carrier which undertakes the transportation of passengers within the Commonwealth “by motor vehicle for compensation, whether or not the owner or operator of such motor vehicle, or who or which provides or furnishes the motor vehicle, with or without driver, for transportation for use in the transportation of persons . . . .” The mechanics of the Uber platform are by now well-known. Accordingly, the parties stipulated to the following: On February 11, 2014, Rasier launched the [Uber] App in Pittsburgh, Allegheny County, Pennsylvania. A passenger who has downloaded the [Uber] App, established an account and provided payment information may use the [Uber] App to locate the nearest
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