[47 Pa.B. 2558]
[Saturday, May 6, 2017]

[Continued from previous Web Page]

CHAPTER 1027. SALE OF RIGHTS

§ 1027.3. Authority approval of sale of rights.

 (a) Sale of transferable rights. The sale of transferable rights without advance approval of the Authority is void by operation of law.

 (b) Sale of securities in transferable rights. The sale of securities in an entity that owns transferable rights will be considered a sale under this chapter in either of the following circumstances:

 (1) The securities to be transferred equal or exceed 5% of the issued securities in the entity that holds an ownership interest in a transferrable right.

 (2) Upon completion of the transfer the buyer will own 5% or more of the issued securities in the entity that holds an ownership interest in a transferrable right.

 (c) New certificate number. The Authority may assign a new certificate number to the rights sold to an approved buyer.

§ 1027.7. Required application information.

 (a) SA-1 form. The SA-1 is a multipurpose form intended for use in the sale of different transferable rights and shall be completed by the broker or attorney, or both, in a manner consistent with the intentions of the sale. For example, an SA-1 used only for the sale of a partial-rights certificate need not complete the portion of the application which seeks medallion numbers.

 (b) Required information. Except as provided in subsection (a), the completed SA-1 must include the information required by the Authority, including all of the following:

 (1) The medallion numbers.

 (2) The certificate numbers.

 (3) The name of the proposed buyer and contact information, including a telephone number, an email address and a facsimile number.

 (4) If the proposed buyer is a nonindividual person and is not already a certificate holder:

 (i) The articles of incorporation, operating agreement, formation documents or other applicable organizing documents for the applicant.

 (ii) A certificate of good standing for the applicant from the Bureau of Corporations and Charitable Organizations.

 (iii) A copy of the Department of State's entity page for the applicant.

 (5) The name of any holding company as defined in § 1011.2 (relating to definitions) having an interest in the proposed buyer and a contemporaneous certificate of good standing for the holding company from the Bureau of Corporations and Charitable Organizations, or similarly authorized entity in another jurisdiction in the United States.

 (6) The trade name, if any, of the proposed buyer and a copy of the trade name registration certificate, if applicable.

 (7) The mailing address and physical address of the proposed buyer.

 (8) A copy of the proposed buyer's business plan.

 (9) A list including name, home address and telephone numbers for current corporate officers, directors, stockholders, key employees and persons with controlling interests as defined in § 1011.2, if applicable.

 (10) A list of all Authority, PUC and Federal common carrier rights held by the proposed buyer and any of the persons listed in response to paragraph (9), including taxicab medallions.

 (11) The name, address, telephone number, facsimile number and email address of any attorney assisting the proposed buyer with the application process, together with an acknowledgement that § 1029.3 (relating to use of attorney) has been reviewed by the proposed buyer.

 (12) A criminal history report, issued within 30 days of the filing of the application, from any jurisdiction in which the following persons have lived in the preceding 5 years through the date of application:

 (i) An individual proposed buyer.

 (ii) An individual with a controlling interest in the proposed buyer.

 (iii) An individual with a controlling interest in the holding company of a proposed buyer.

 (iv) A key employee.

 (13) A verified statement indicating that the persons identified in paragraph (12) have not been subject to a conviction as defined in § 1001.10 (relating to definitions) and that the proposed buyer has read and understands the prohibitions of ownership as provided in § 1011.5 (relating to ineligibility due to conviction or arrest).

 (14) Verified statements from the owner and proposed buyer confirming that each are in compliance with § 1011.7 (relating payment of outstanding fines, fees and penalties).

 (15) The Federal Tax Identification number for the following persons:

 (i) The owner of the rights.

 (ii) The proposed buyer.

 (iii) Persons with a controlling interest in the owner or a proposed buyer.

 (iv) Key employees of an owner or proposed buyer.

 (c) Proof of ownership. The Authority may require the owner to prove ownership of the right or rights subject to sale.

§ 1027.9. Financial fitness generally.

 The Authority will review the financial fitness of the proposed buyer, including a review of all of the following:

 (1) For proposed buyers of medallions or partial-rights certificates, bank statements of the proposed buyer or the bank statements of the holder of the stock or membership certificate evidencing ownership of a bank account holding not less than the greater of $5,000 or 2% of the sale price in unencumbered and available funds.

 (2) For proposed buyers of dispatcher certificates, bank statements of the proposed buyer or the bank statements of the holder of the stock or membership certificate evidencing ownership of a bank account holding not less than the greater of $5,000 or 2% of the sale price in unencumbered and available funds.

 (3) If the sale does not include financing by a lender authorized to make commercial loans in this Commonwealth, the proposed buyer shall submit documentation for the Authority's review to insure all of the following requirements are met:

 (i) The credit report of each persons identified in § 1027.7(b)(12) (relating to required application information) evidencing a credit score of at least 600 for each person.

 (ii) The absence of any outstanding and unappealed civil judgments against each of the parties required to submit a criminal history report under § 1027.7(b)(12).

 (4) The Authority may require the submission of additional financial information necessary to determine the financial fitness of a proposed buyer.

§ 1027.12. Approval process and closing on sale.

 (a) If the Director determines that a proposed buyer of rights is qualified as provided in the act, this part or an order of the Authority, a recommendation to approve the sale will be presented to the Authority for approval at its next regularly scheduled meeting. The Authority may require that proposals from the Director as provided in this section first be presented to a committee of the Board at a public meeting.

 (b) Upon approval of the sale by the Authority, the Director will schedule the parties to meet at a time and location where an Authority staff member will witness the closing of the transaction.

 (c) An Authority staff member will witness the execution of each document by the owner and proposed buyer, or their designated agents. Any closing not witnessed by Authority staff is void as provided in sections 5711(c)(5) and 5718 of the act (relating to power of authority to issue certificates of public convenience; and restrictions).

 (d) If the subject of the sale is a medallion that is the only medallion issued to the owner's medallion taxicab certificate, that certificate will be cancelled upon completion of the closing on the sale of the medallion. For example, if the owner of only one medallion seeks to sell the medallion through the process provided in this chapter, the owner's medallion taxicab certificate will be cancelled upon closing on the sale of the medallion.

 (e) The Authority will issue a new medallion taxicab certificate to the new medallion owner as part of the closing process if requested by the proposed buyer as provided in § 1027.4(b) (relating to certificate required for medallion sales).

 (f) A medallion subject to a completed closing may not be transferred or sold for 1 year from the date of closing.

 (g) Subsection (f) does not apply to the sale of a medallion in the following circumstances:

 (1) When each person that owns securities of the corporation, partnership, limited liability company or other form of legal entity that owns a medallion sold under this subchapter has died or is declared incapacitated.

 (2) When a person that owns securities of the corporation, partnership, limited liability company or other form of legal entity that owns a medallion sold under this subchapter has died or is declared incapacitated and that person's securities are transferred to the medallion owning entity or another owner of securities in the entity that owns the medallion.

§ 1027.15. Commencement of service.

 A regulated party shall, within 30 days from the date of settlement under § 1027.12(b) (relating to approval process and closing on sale), begin operating and furnishing service. If it has not commenced operating and furnishing the authorized service within 30 days, appropriate proceedings shall be initiated to terminate the certificate unless, upon advanced written permission as provided in § 1011.14 (relating to voluntary suspension of certificate), the time for commencement of service is extended.

CHAPTER 1029. BROKERS

§ 1029.5. Broker registration.

 (a) General. To obtain a broker registration, an individual shall complete and file Form BR-1 ''Broker Application,'' along with the application fee as provided in §§ 1001.42 and 1001.43 (relating to mode of payment to the Authority; and Authority fee schedule). The BR-1 may be obtained on the Authority's web site at www.philapark.org/tld.

 (b) BR-1 application. The completed BR-1 shall be verified as provided in § 1001.36 (relating to verification and affidavit) and be filed with the Director in person and include the information required by the Authority, including all of the following:

 (1) The name of the applicant and contact information, including a mailing address, a telephone number, an email address and a facsimile number.

 (2) A list of all Authority rights, common carrier rights issued by the PUC and other transportation rights issued by any jurisdiction outside of this Commonwealth in which the applicant has any controlling interest.

 (3) The name, address, telephone number, facsimile number and email address of any attorney or broker, or both, assisting the applicant through the Authority's broker registration process.

 (4) A criminal history report, issued within 30 days of the filing of the application, from any jurisdiction in which the following individuals have lived during the last 5 years:

 (i) The applicant.

 (ii) Each key employee of the applicant.

 (5) A written statement verified as provided in § 1001.36, which provides that:

 (i) The applicant and each key employee have not been subject to a conviction as provided in § 1001.10 (relating to definitions).

 (ii) The applicant and each key employee are in compliance with § 1011.7 (relating to payment of outstanding fines, fees and penalties).

 (iii) The applicant and each key employee are current on all reports due in relation to other rights issued by the Authority.

 (iv) The applicant can comply with the requirements in this chapter.

 (6) A completed original of Form BR-5 ''Business Experience Questionnaire.'' A copy of the BR-5 may be obtained on the Authority's web site at www.philapark.org/tld.

 (7) The applicant's Social Security number.

 (8) A copy of the applicant's Social Security card or documents confirming a legal permanent resident status or an alien authorized to work status, if applicable.

 (9) The applicant's driver's license or other government issued photographic identification.

 (10) A resume detailing the applicant's work history for the 5 years preceding the filing of the BR-1 and qualifications to be a broker.

CHAPTER 1030. TAXICAB RATES

Sec.

1030.1.	Definitions.
1030.2.	Taxicab rates and tariffs.

§ 1030.1. Definition.

 The following word, when used in this chapter, has the following meaning, unless the context clearly indicates otherwise:

 Tariff—A schedule of rates that is charged to a passenger upon being provided taxicab service within Philadelphia or within a certain designated territory in Philadelphia as outlined in the tariff.

§ 1030.2. Taxicab rates and tariffs.

 (a) Medallion taxicabs. Medallion taxicabs shall charge a uniform rate as determined and approved by the Authority upon investigation as provided in section 5703 or 5720 of the act, or both (relating to rates; and wages).

 (1) Changes to an existing and duly established rate shall be determined under section 5703 or 5720 of the act, or both, or otherwise ordered by the Authority.

 (2) A certificate holder or certified driver may petition the Authority to reopen a rate investigation under section 5703 or 5720 of the act, or both, to allow for flexible rates or surcharges, including fuel or peak-hour surcharges. A request for a flexible pricing model must include a proposed framework for consumer protections that involve upfront disclosure of the fare in a way that is not contingent upon consumer request and the flexible pricing model will be computed to not violate the Price Gouging Act (73 P.S. §§ 232.1—232.5).

 (3) An approved flexible pricing model or surcharge will be reviewed annually by the Authority.

 (b) Dispatchers.

 (1) Upon advanced written notice to the Authority, a dispatcher certificate holder may offer below-tariff pricing such as coupons, loyalty programs and corporate client discounts.

 (2) Upon approval by the Authority from a written request by a dispatcher certificate holder, a dispatcher may establish procedures for assessing fees to passengers for any of the following:

 (i) Cancellation of prearranged taxicab service within a certain time period of when the requested service was scheduled to begin.

 (ii) Nonappearance of a passenger after requesting prearranged taxicab service.

 (iii) Cleaning of a taxicab as a direct result of an act by a passenger.

Subpart C. LIMOUSINES

CHAPTER 1051. GENERAL PROVISIONS

§ 1051.2. Definitions.

 The following words and terms, when used in this subpart, have the following meanings, unless the context indicates otherwise:

 Broker—An individual authorized by the Authority as provided in § 1061.1 (relating to broker registration) to prepare application-related documents, appear at settlement and otherwise act on behalf of a party as to matters related to the sale or transfer of transferable rights.

 Controlling interest—

 (i) A controlling interest is an interest in a legal entity, applicant or certificate holder if a person's voting rights under state law or corporate articles or bylaws entitle the person to elect or appoint one or more of the members of the board of directors or other governing board or the ownership or beneficial holding of 5% or more of the securities of the corporation, partnership, limited liability company or other form of legal entity, unless this presumption of control or ability to elect is rebutted by clear and convincing evidence. A member, partner, director or officer of a corporation, partnership, limited liability company or other form of legal entity is deemed to have a controlling interest.

 (ii) A person who owns or beneficially holds less than 5% of the securities of a privately held domestic or foreign corporation, partnership, limited liability company or other form of privately held legal entity shall be deemed as having rebutted the presumption of control by clear and convincing evidence.

 Department of Transportation—The Department of Transportation of the Commonwealth of Pennsylvania.

 Driver history report—A driver's license report issued by the Department of Transportation or similarly authorized government entity in another jurisdiction of the United States containing details about a driver's history including accidents and violations issued by a jurisdiction within the United States.

 Driver's license—A license or permit to operate a motor vehicle issued by the Department of Transportation or similarly authorized government entity in another jurisdiction of the United States.

 Federal Tax Identification number—The Social Security number of an individual or the Employer Identification number of a business entity, fiduciary or other person.

 Holding company—A person, other than an individual, which, directly or indirectly, owns, has the power or right to control or to vote 20% or more of the outstanding voting securities of a corporation or other form of business organization. A holding company indirectly has, holds or owns any power, right or security if it does so through an interest in a subsidiary or successive subsidiaries.

 Inspector—Enforcement Department uniformed or non-uniformed staff assigned to investigate and enforce the act, this part and orders of the Authority who will be identifiable by an Authority-issued badge number.

 Key employee—An individual who is employed in a director or department head capacity and who is empowered to make discretionary decisions that affect the operations of an applicant or regulated person.

 Limousine certificate—A certificate granting the owner the right to operate a class of limousine service under this subpart.

 Limousine driver's certificate—The original photographic identification card issued by the Authority which confirms that an individual has complied with Chapter 1057 (relating to limousine drivers) and is authorized to provide limousine service under section 5706 of the act (relating to driver certification program).

 Major violation—A suspension or cancellation of a state-issued driver's license as a result of a moving violation.

 Moving violation—A violation issued by the Commonwealth or any of its political subdivisions for a violation of 75 Pa.C.S. (relating to Vehicle Code), or under a similar statute under any other jurisdiction, that upon conviction of the violation points are assessed against the driver's license.

 Parking violations—Any debt owed to the City of Philadelphia related to a violation of the Philadelphia Traffic Code (12 Phila. Code §§ 100—3012) that is not under appeal.

 Proposed buyer—The party seeking to acquire an ownership interest in a certificate.

 Traffic violations—Any debt owed the Commonwealth or one of its political subdivisions for violations of 75 Pa.C.S. that is not under appeal.

 Transfer fee—The nonrefundable fee charged by the Authority to review an application to sell transferable rights.

§ 1051.3. Annual rights renewal process.

 (a) Expiration of driver's certificate. A limousine driver's certificate will expire 1 year from its date of issuance or renewal unless a limousine driver opts to pay no more than double the annual fee as provided in § 1051.4 (relating to annual assessments and renewal fees) to be issued a limousine driver certificate to expire 2 years from its date of issuance or renewal.

 (b) Expired rights.

 (1) Expired rights may be placed out of service by the Authority as provided in § 1003.32 (relating to out of service designation).

 (2) Limousine driver certificates that have been expired for 2 years or more will be deemed cancelled.

 (c) Renewal forms.

 (1) Limousine driver certificates shall be renewed by completing and filing Form DR-3 ''Driver Renewal'' with the Manager of Administration. Renewal forms may be obtained on the Authority's web site at www.philapark.org/tld or from TLD Headquarters.

 (2) Form DR-3 may require the submission of additional information or documents to confirm continuing eligibility and under the act, this part and orders of the Authority and shall be verified as provided in § 1001.36 (relating to verification and affidavit).

 (3) Form DR-3 shall be filed between 60 and 90 days before the expiration date printed on the limousine driver's certificate.

 (d) Renewal denial. The Authority will deny renewal of a limousine driver certificate in the following circumstances:

 (1) If the owner of the rights subject to renewal fails to complete the renewal process.

 (2) The renewal process reveals information about the renewing person that would result in a denial of an initial application for the rights.

 (3) The renewing person fails to comply with § 1051.4.

 (e) Incomplete renewals. If the filing requirements of the renewal form are incomplete for any reason, including compliance with § 1051.6 (relating to payment of outstanding fines, fees and penalties), the regulated party shall have 90 days from the filing date of the renewal form to complete the renewal process or the application will be rendered void.

 (f) Suspended driver rights. Rights subject to suspension for any reason shall be renewed on the dates and in the manner provided by this section regardless of the suspended status.

 (g) New certificates. A certificate will not be subject to the information filing requirements of subsection (h) during the calendar year in which it is first issued.

 (h) Limousine information filing.

 (1) The owner of limousine rights shall complete on an annual basis Form LM-1 ''Limousine Renewal'' to ensure continued compliance with the act, this part and the orders of the Authority.

 (2) Form LM-1 shall be verified as provided in § 1001.36 and filed with the Manager of Administration on or before March 31 of each year.

 (3) Form LM-1 may require the submission of additional information or documents. Form LM-1 may be obtained on the Authority's web site at www.philapark.org/tld or from TLD Headquarters.

 (4) The filing requirements of this subsection apply to rights subject to suspension for any reason.

 (5) The failure to file Form LM-1 will subject the applicable rights to an out of service designation as provided in § 1003.32(c).

 (6) The TLD will not issue a limousine rights sticker to a vehicle operated through a limousine certificate if the review of the information required under this section reveals information about the certificate holder that would have resulted in a denial of an initial application for the rights. This paragraph does not relieve a certificate holder of any other penalty that may result from noncompliance, nor the obligation to appear at inspections as directed by the TLD.

 (7) The LM-1 will be reviewed for all of the following:

 (i) The filing does not reveal information about the certificate holder that would resulted in a denial of an initial application for the rights.

 (ii) The certificate holder is in compliance with § 1051.4.

 (iii) The certificate holder is in compliance with § 1051.6.

 (8) Failure to complete the LM-1 filing requirements of this subsection within 30 days of notice will subject the applicable rights to an out of service designation as provided in § 1003.32(c).

§ 1051.4. Annual assessments and renewal fees.

 (a) Assessments and renewal fees. The owners of rights issued by the Authority shall pay an annual assessment or renewal fee in an amount established each year under section 5707(a) and (c) of the act (relating to budget and assessments) and as set forth in the Authority's annual fee schedule as provided in § 1001.43 (relating to Authority fee schedule).

 (b) Payment of assessments by certificate holders. The annual assessment for certificate holders is due within 30 days after service of the notice of assessment as provided in section 5707.1(a) of the act (relating to assessment notice and hearings). Upon request by a limousine certificate holder through the LM-1 filing as required under § 1051.3 (relating to annual rights renewal process), the Director may permit certificate holders to pay an assessment in two equal installments within 30 days after service of the notice of assessment as provided in section 5707.1(a) of the act and December 15 of each year.

 (c) Payment of renewal fees by limousine drivers. The annual renewal fee for limousine drivers is due with the filing of the DR-3 as provided in § 1051.3(c)(3).

 (d) Late assessment or renewal fee payments. Rights issued by the Authority may be placed out of service at the time an assessment or renewal fee payment becomes late as provided in § 1003.32(c) (relating to out of service designation).

§ 1051.5. Ineligibility due to conviction or arrest.

 (a) A person is ineligible to own any interest in any right issued by the Authority if the person, or a person having a controlling interest over the person or a key employee, has been subject to a conviction as defined in § 1001.10 (relating to definitions).

 (b) If a regulated party owning a transferable right becomes ineligible to hold rights issued by the Authority due to a conviction, the regulated party shall immediately cease use of the rights and initiate the sale of the rights to an eligible person as provided in Chapter 1059 (relating to applications and sale of rights). If the regulated party is an individual limousine certificate holder or the sole owner of the securities of a limousine certificate holder, that person shall surrender to the Authority any limousine rights stickers to hold for safekeeping until the rights are sold.

 (c) A regulated party or applicant shall inform the Director within 72 hours of being subject to an arrest or conviction as defined under § 1001.10.

 (d) If a criminal prosecution is initiated against a regulated party for a crime that may lead to a conviction as defined in § 1001.10, the Enforcement Department or trial counsel may place the subject rights out of service as provided in § 1003.32 (relating to out of service designation).

§ 1051.6. Payment of outstanding fines, fees and penalties.

 (a) Regulated persons and applicants for any right issued by the Authority shall pay all assessments, fees, penalties and other payments due to the Authority under the act, this part or an order of the Authority on schedule, unless the matter related to the payment is under appeal.

 (b) Regulated persons and applicants for any right issued by the Authority shall remain current on the payment of parking violations and traffic violations, unless the violation is under appeal.

 (c) For purposes of this section, regulated persons and applicants include those with a controlling interest in the regulated person or applicant, or both.

§ 1051.8. Limousine service limitations.

 (a) Providers. Except as provided in subsection (d), only the following individuals may provide limousine service:

 (1) The owner, if the owner is a limousine driver.

 (2) An employee of the certificate holder who is a limousine driver.

 (3) A limousine driver who leases the limousine directly from the certificate holder.

 (b) Supervision. A certificate holder shall continually supervise its limousine to make certain that only those limousine drivers authorized by this section provide limousine service. A limousine certificate holder is required to ensure that a person holds a valid limousine driver's certificate issued by the Authority before permitting the person to drive a limousine.

 (c) Criminal history and driver history reports.

 (1) A limousine certificate holder is required to conduct or have a third party conduct annual criminal history and driver history checks for all limousine drivers operating a limousine vehicle under the certificate holder.

 (i) The criminal history report shall be conducted on a local and National background check, which must include a multistate or multijurisdictional criminal records locator or other similar commercial Nationwide database with primary source validation and a review of the United States Department of Justice's National Sex Offender Public Website.

 (ii) The driver history report shall be obtained from the Department of Transportation or similarly authorized government entity in another jurisdiction of the United States containing details about a driver's history including accidents and violations issued by a jurisdiction within the United States.

 (2) A limousine certificate holder shall review the criminal history and driver history reports before a limousine driver operates a limousine vehicle, and on an annual basis thereafter, to ensure the driver has not been subject to a conviction as defined under §§ 1001.10 and 1057.4 (relating to definitions; and ineligible persons for limousine driver certificate), holds a current valid driver's license, and has not been subject to three moving violations or a major violation as defined under § 1051.2 (relating to definitions).

 (3) A limousine driver whose criminal history or driver history renders the driver ineligible to operate a limousine vehicle under § 1051.5 (relating to ineligibility due to conviction or arrest) or § 1057.4 shall be immediately disqualified by the limousine certificate holder and the disqualification shall be reported to the Director within 48 hours.

 (4) Records required to be maintained by a limousine certificate holder under this subsection are subject to audits by the Authority under § 1051.10(d) (relating to record retention).

 (d) Funeral homes. This section does not apply to an individual hired by a funeral home to drive a limousine for funeral related services. The funeral service drivers may not be in violation of § 1051.5, shall submit to a criminal background check by the TLD and evidence possession of a valid State-issued driver's license.

 (e) Personal vehicle use prohibited. A vehicle registered as a limousine within this Commonwealth may not be operated as a personal vehicle by a driver affiliated with a TNC under Chapter 57A of the act (relating to transportation network companies).

§ 1051.10. Record retention.

 (a) Records to be maintained. All of the following records shall be maintained in the English language for 2 years from the date of origin:

 (1) Limousine certificate holders.

 (i) All Philadelphia limousine service trip logs, which may be maintained on digital or other electronic devices as approved by the Authority upon detailed written request by the certificate holder.

 (ii) A list of limousine drivers and dates employed.

 (iii) Each lease agreement for a limousine.

 (iv) Records of payment by a driver under each lease agreement for a limousine.

 (v) Records related to accidents involving vehicles used as limousines, including repair records.

 (2) Brokers. Brokers shall retain all documents submitted to the Authority for review of each proposed sale of rights, including closing documents.

 (b) Order. Paper or electronic records, or both, shall be maintained in chronological order by date and time of day.

 (c) Review by Authority. A regulated party shall produce records maintained under subsection (a) to the Authority upon written request or upon inspection as provided in § 1051.7 (relating to facility inspections). If the records require a special form of software to search or interpret, a regulated party shall make that software available to the Authority.

 (d) Audit of driver records.

 (1) Maintenance period. Limousine certificate holders shall maintain records in the English language for 2 years from the date of origin concerning limousine drivers under § 1051.8(b) (relating to limousine service limitations).

 (2) Compliance audit. The Authority may conduct a compliance audit of the records required to be maintained by a limousine certificate holder under § 1051.8(b) to verify that the certificate holder has complied with the limousine driver screening requirements and to confirm that the certificate holder's limousine drivers are eligible to provide limousine service under this part.

 (3) Audit designation. Upon the random selection of a limousine vehicle being called for a compliance inspection under § 1055.11 (relating to scheduled compliance inspections), the limousine certificate holder will be notified by the Manager of Administration that it has also been designated for an audit under this section.

 (i) Within 5 business days of receiving an audit designation, the limousine certificate holder shall make available for visual inspection to the Authority the records required to be maintained under § 1051.8(b) for each limousine driver that has provided limousine service in the immediately preceding 1 year using the limousine vehicle that was called for a compliance inspection.

 (ii) The records shall be produced in person to the Manager of Administration or by email to TLDAdmin@philapark.org.

 (iii) If an audit reveals that the limousine certificate holder authorized a limousine driver to provide limousine service when the criminal history report or driver history report revealed that the limousine driver was ineligible under this part or the certificate holder did not conduct the annual records required under § 1051.8(b), the Authority may impose a penalty against the limousine certificate holder and limousine driver under § 1001.61 (relating to penalties) and may subject the rights to an out of service designation under § 1003.32 (relating to out of service designation).

 (iv) The limousine certificate holder shall immediately remove a noncompliant limousine driver identified as provided in subparagraph (iii) from limousine service upon the Authority's direction.

 (v) The Authority may alert other limousine certificate holders of the ineligibility of the noncompliant limousine driver to protect the public good.

 (4) Remedial audits.

 (i) In the event that an audit discrepancy is identified as specified in paragraph (3)(iii), the Authority may direct a limousine certificate holder to submit a follow-up report detailing its efforts to ensure compliance with § 1051.8(b).

 (ii) In the event that that an egregious audit discrepancy is identified, multiple audit discrepancies are identified or the Authority makes a determination that a limousine certificate holder has failed to reasonably cooperate in the driver information audit process, the Authority may direct a limousine certificate holder to participate in remedial audits.

 (iii) A determination under this section is subject to § 1005.24 (relating to appeals from actions of the staff).

 (iv) A remedial audit shall proceed as provided in subparagraph (3) and may subject a review of all limousine drivers providing service in any limousine vehicle owned by the certificate holder during the immediately preceding year regardless of whether the associated limousine vehicle was called for a compliance inspection.

 (v) The Authority may direct one remedial audit at any time each month for a 4-month period following discovery of a violation under this section.

 (e) Enforcement investigations. This section may not be construed to limit the power of the Authority to conduct enforcement investigations related to this part or the obligation of certificate holders and limousine drivers to cooperate with the investigations and produce information demanded as required under this part.

§ 1051.13. Voluntary suspension of certificate.

 (a) A certificate holder may apply to place a certificate in a voluntary state of suspension as provided in subsection (b) to avoid penalties for violation of § 1051.12 (relating to interruptions of service).

 (b) To request approval from the Authority for the voluntary suspension of a certificate, the certificate holder shall file a completed CPC-1 ''Voluntary Suspension Application'' with the Director and pay the application fee as provided in §§ 1001.42 and 1001.43 (relating to mode of payment to the Authority; and Authority fee schedule). The CPC-1 may be obtained at www.philapark.org/tld.

 (c) Before a CPC-1 is granted, a certificate holder shall be in compliance with § 1051.6 (relating to payment of outstanding fines, fees and penalties).

 (d) A period of voluntary suspension may begin only upon surrender to the Authority of the TLD limousine rights sticker for each vehicle subject to the voluntary suspension.

§ 1051.14. Death or incapacitation of a certificate holder or certain persons with controlling interest.

 (a) Definition. The following word, when used in this section, has the following meaning, unless the context indicates otherwise:

 Incapacitation—A determination by a court that an individual is incapacitated as provided in 20 Pa.C.S. § 5511 (relating to petition and hearing; independent evaluation), or for non-Pennsylvania residents, a substantially similar order from a court of competent jurisdiction.

 (b) Death or incapacitation of an individual certificate holder.

 (1) Except as provided in subsection (d), upon the death or incapacitation of an individual certificate holder, the operation or use of Authority rights conferred by the certificate may continue with the legal representative of the deceased or incapacitated certificate holder.

 (2) The legal representative of the deceased or incapacitated certificate holder shall immediately notify the Authority in writing upon the death or incapacitation and provide to the Authority the legal representative's mailing address, telephone number and email address along with the applicable documentation proving legal authorization to act on the part of the certificate holder.

 (3) The legal representative of the deceased or incapacitated certificate holder shall immediately begin the process of finding a qualified person to buy the certificate as provided in Chapter 1059 (relating to applications and sale of rights), including the use of a broker or attorney. Nothing in this section prohibits the legal representative from applying to the Authority to obtain the transferrable rights.

 (4) If an SA-1 for the transferable right is not correctly filed, as provided in Chapter 1059 within 90 days of the date the certificate holder died or was declared incapacitated, the certificate will be placed out of service as provided in § 1003.32 (relating to out of service designation) and may be cancelled upon determination of a formal complaint filed by the Enforcement Department or trial counsel.

 (5) If an SA-1 for the transferable right is correctly filed within 90 days of the date the certificate holder died or was declared incapacitated, the rights conferred by the certificate shall continue with the legal representative of the deceased or incapacitated certificate holder for the duration of the SA-1 review period and through closing on the sale.

 (c) Death, incapacitation or dissolution of certain persons with controlling interest in a certificate.

 (1) Except as provided in subsection (d), upon the death, incapacitation or dissolution of a person that owns 5% or more of the certificate holder's securities, the operation or use of the Authority rights conferred by the certificate may continue with either the certificate holder or with the legal representative of the deceased, incapacitated or dissolved person.

 (2) The certificate holder or legal representative of the deceased, incapacitated or dissolved person shall immediately notify the Authority in writing upon the death, incapacitation or dissolution of the person and provide to the Authority the legal representative's mailing address, telephone number and email address along with the applicable documentation proving legal authorization to act on the part of the deceased, incapacitated or dissolved person.

 (3) The certificate holder or legal representative of the deceased, incapacitated or dissolved person shall immediately begin the process of finding a qualified person to buy the securities of the certificate holder referenced in paragraph (1) as provided in Chapter 1059 including the use of a broker or attorney. Nothing in this section prohibits the certificate holder from acquiring the securities of the person referenced in paragraph (1).

 (4) If an SA-1 for the sale of the securities referenced in paragraph (1) is not correctly filed as provided in Chapter 1059 within 6 months of the date of that person's death, incapacitation or dissolution, the certificate will be placed out of service as provided in § 1003.32 and may be cancelled upon determination of a formal complaint filed by the Enforcement Department or trial counsel.

 (5) If an SA-1 for the sale of the securities referenced in paragraph (1) is correctly filed, as provided in Chapter 1059, within 6 months of the date of the person's death, incapacitation or dissolution, the rights conferred by the certificate shall continue for the duration of the SA-1 review period and through closing on the sale.

 (d) Ineligibility of successor or legal representative. This section may not be interpreted to permit the operation or use of Authority rights by a person otherwise prohibited from the ability to receive Authority rights. For example, the executor of the estate on a deceased individual certificate holder who would be ineligible to own Authority rights as provided in § 1051.5 (relating to ineligibility due to conviction or arrest) may not operate or supervise the operation of the rights conferred by the certificate.

CHAPTER 1053. STANDARD CLASSIFICATIONS OF LIMOUSINE SERVICE

Subchapter A. CLASSIFICATIONS

§ 1053.1. Standard classifications of limousine service.

 (a) The Authority will issue limousine certificates for the several standard classifications of service identified in this chapter. One limousine certificate will permit only one classification of limousine service.

 (b) The following standard classification of types of limousine service is adopted, and the following are hereby recognized as standard classifications of limousine service:

 (1) Luxury limousine service. The Authority will issue two separate certificates of public convenience for luxury limousine service, as follows:

 (i) Local, nonscheduled common carrier by motor vehicle service for passengers rendered in luxury-type vehicles, as provided in § 1053.23 (relating to vehicle and equipment requirements), on an exclusive basis which is arranged for in advance. If the classification of limousine service does not strictly meet the classifications provided in paragraph (2) or (3), the service will be deemed luxury limousine service under this subparagraph.

 (ii) Local, nonscheduled common carrier by motor vehicle service for passengers rendered in a vehicle capable of seating not less than 9 passengers, including the driver, and not more than 15 passengers, including the driver, on an exclusive basis which is arranged for in advance. The driver of a limousine providing service under this subparagraph shall maintain a trip sheet as provided in § 1057.16 (relating to trip sheet requirements).

 (2) Airport transfer service. Common carrier service rendered on a nonexclusive, scheduled basis by the holder of a certificate of public convenience from the Authority which originates or terminates at an airport, railroad station or hotel located in whole or in part in Philadelphia.

 (3) Remote carrier. A vehicle operated by the holder of a certificate of public convenience from the PUC that engages in limousine service, group and party service or airport transfer service from any airport, railroad station or hotel located in whole or in part in Philadelphia to a location outside Philadelphia.

Subchapter D. REMOTE CARRIERS

§ 1053.42. Remote carriers.

 (a) A remote carrier is a person who is not authorized by a certificate issued by the Authority to provide limousine service in the City of Philadelphia but who is authorized by a certificate issued by the PUC authorizing limousine service elsewhere in this Commonwealth to transport persons and their baggage:

 (1) To the City of Philadelphia upon advance reservation and in accordance with the service authorized under its certificate issued by the PUC.

 (2) From any point in the City of Philadelphia to any point in this Commonwealth beyond the City of Philadelphia upon advance reservation in accordance with the service authorized under its certificate issued by the PUC, excluding service from any airport, railroad station or hotel located in whole or in part in the City of Philadelphia.

 (b) A remote carrier shall adhere to the requirements in § 1053.43 (relating to certain limousine requirements).

 (c) A remote carrier may not provide service to points within Philadelphia or otherwise beyond the scope of its PUC certificate without first obtaining an Authority certificate of public convenience as provided in Chapter 1059 (relating to applications and sale of rights).

§ 1053.43. Certain limousine requirements.

 (a) Purpose. This section is intended to address limousine service in Philadelphia that is within the jurisdiction of the Authority as provided by the act, but is not commonly considered either Philadelphia service or limousine service by the public or other regulating agencies as identified in subsection (b).

 (b) Certain limousines covered. This section applies to remote carriers as provided in § 1053.42 (relating to remote carriers).

 (c) Regulation.

 (1) Limousines subject to this section will be subject to regulation and enforcement by the Authority for violations of Department of Transportation equipment inspection standards in 67 Pa. Code Chapter 175 (relating to vehicle equipment and inspection). For example, a limousine registered as provided in this section that is determined by the Authority to be in the course of providing service with a broken windshield will be subject to the standard enforcement procedures of this part.

 (2) Limousines registered as provided in this section must comply with the instructions of an inspector and submit to field inspections as provided in § 1055.14 (relating to field inspections). Authority field inspections of limousines may include an investigation of compliance with PUC regulations and orders.

 (3) Except as provided in this chapter, limousines subject to this section must adhere to the regulations and orders of the PUC and are not required to adhere to regulations of the Authority while providing limousine service in Philadelphia except for the requirements under § 1057.16 (relating to trip sheet requirements). The Authority may pursue enforcement of PUC regulations before the PUC, as appropriate.

 (d) Insurance. A person that seeks registration of a limousine as provided in this section shall comply with § 1065.1 (relating to limousine insurance), except that the limits of insurance coverage need not exceed those required by the PUC.

CHAPTER 1055. VEHICLES AND EQUIPMENT REQUIREMENTS

Subchapter A. GENERAL PROVISIONS

§ 1055.1. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

 Antique vehicle—A motor vehicle, but not a reproduction thereof, that is 25 years old or older as provided in § 1055.3(a) (relating to limousine age and mileage parameters), which has been maintained in or restored to a condition, which is substantially in conformance with manufacturer specifications.

 Compliance inspection—The inspection of a limousine and limousine equipment by the Authority to assure compliance with the act, this part and orders of the Authority. Anytime the inspection of a limousine or limousine service-related equipment is required by the act, this part or an order of the Authority it will be a compliance inspection.

 Field inspection—The unscheduled inspection of a limousine by an inspector for compliance with the act, this part and orders of the Authority.

 Limousine rights sticker—An adhesive certification issued annually for each limousine by the TLD to a certificate holder upon the sale or issuance of a certificate of public convenience as provided in Chapter 1059 (relating to applications and sale of rights) or upon annual renewal as provided in § 1051.3 (relating to annual rights renewal process) and attached to the lower passenger side interior portion of the limousine's windshield.

 State inspection—The annual inspection required under 75 Pa.C.S. Chapter 47 (relating to inspection of vehicles).

§ 1055.3. Limousine age and mileage parameters.

 (a) Method of age computation. The age of a limousine will be determined by comparing its model year to the current model year.

 (b) Age. A vehicle which is more than 10 years old may not continue in operation as a limousine, except that the Director may authorize the operation of antique vehicles as limousines upon review of a petition for waiver as provided in § 1005.23 (relating to petitions for issuance, amendment, repeal or waiver of Authority regulations) and completion of a compliance inspection. For example, the last day on which a 2009 model year vehicle may be operated in limousine service is December 31, 2019.

 (c) Mileage.

 (1) Except as provided in paragraph (2), a vehicle shall be removed from limousine service prior to the date the cumulative mileage registered on the vehicle's odometer reaches 350,000 miles.

 (2) The owner of a vehicle with a model year of 5 or less that is otherwise precluded from continued Philadelphia limousine service under paragraph (1) may continue in service for 1 year upon the successful completion of a compliance inspection.

 (d) Imputed mileage.

 (1) A vehicle with an odometer reading that differs from the number of miles the vehicle has actually traveled or that has had a prior history involving the disconnection or malfunctioning of an odometer or which appears to the Authority to have an inaccurate odometer reading based on prior inspection records will be assigned an imputed mileage for each month from the last reliable odometer recording through the date of inspection, as provided in paragraph (2). A certificate holder may seek review of the determination to assign imputed mileage as provided in § 1005.24 (relating to appeals from actions of the staff).

 (2) The imputed mileage will be calculated by adding the mileage of the vehicle recorded at the two most recent State inspections or two most recent compliance inspections, or a combination of any two, and dividing that sum by 24. The quotient is the imputed monthly mileage.

 (3) Unless otherwise provided by the Authority, a vehicle may not be introduced for limousine service or continue in limousine service if a reliable baseline odometer reading cannot be ascertained.

 (e) Reporting of odometer malfunctions. A certificate holder or limousine driver who knows or suspects that the odometer reading of a limousine differs from the number of miles the limousine has actually traveled shall disclose that status to the Enforcement Department immediately.

§ 1055.4. Basic vehicle standards.

 (a) State vehicle standards. In addition to standards required under the act, this part and orders of the Authority, a limousine must continually satisfy the applicable Department of Transportation equipment inspection standards in 67 Pa. Code Chapter 175 (relating to vehicle equipment and inspection) when providing limousine service.

 (b) Standard limousine vehicle requirements. Each limousine is subject to all of the following requirements:

 (1) A limousine must be registered with the Department of Transportation, or similarly authorized government entity in another jurisdiction of the United States, and obtain commercial registration plates identifying the limousine's class of service. Regular license plates cannot be used on vehicles operating under Authority jurisdiction.

 (2) A limousine must be equipped with handgrips in the passenger compartment for use while entering or exiting the vehicle.

 (3) A limousine must be equipped with working seatbelts for every passenger and the driver.

 (4) A limousine must have at least four full-size tires which continuously meet or exceed the applicable standards of 67 Pa. Code § 175.80 (relating to inspection procedure) and otherwise comply with the Authority's tire requirements, which include the following:

 (i) Snow tires or all-weather tires on the drive wheels between October 1 and April 1.

 (ii) A full-size and usable spare tire that complies with the standards of this section properly stored in the limousine.

 (iii) Properly affixed and matching hubcaps or wheel covers for all four tires.

 (5) A limousine may not use retread tires.

 (6) A limousine must have a trunk or storage area large enough to accommodate a folded manual wheelchair.

 (7) A limousine may not be equipped with a push bumper.

 (8) The interior, exterior and trunk compartment of a limousine must be clean so as to present a positive appearance and to prevent possible transfer of dirt, dust, grease, paint or other markings to a passenger's clothing or luggage.

 (9) Spare tires in the trunk must be covered.

 (10) A limousine's passenger seats may not be torn, have protruding springs or other material capable of tearing a passenger's skin or clothing. Passenger seat tears must be properly repaired and may not be mended with tape.

 (11) A limousine's interior must consist of matching features, including door panels.

 (12) Except upon a passenger's request to the contrary, the passenger area of a limousine must remain a constant temperature between 60° and 78° Fahrenheit.

 (13) A limousine must be free of objectionable odors. For example, a limousine may not smell like urine, feces, animals, insects, decomposing organisms, poor human hygiene or garbage.

 (14) A limousine's exterior paint must be in good repair and free of damage.

 (15) Unless otherwise permitted by the Authority, in addition to other postings required by this subpart, a limousine must have posted in the passenger compartment in a place easily observed by passengers information in both written English and Braille on how to submit a limousine service-related complaint to the Authority.

 (c) Smoking prohibited. Persons may not smoke in a limousine.

 (d) Advertising prohibited. Unless otherwise permitted by the Authority, the display of advertisements on the exterior or interior of a limousine is prohibited.

 (e) Inspection by certificate holder. A certificate holder shall inspect each of its limousines on a daily basis to confirm that the limousine complies with this subpart. A certificate holder may select a person to conduct the inspections required by this subsection on the certificate holder's behalf.

Subchapter B. LIMOUSINE INSPECTIONS

§ 1055.11. Scheduled compliance inspections.

 (a) Compliance inspection.

 (1) In addition to any other inspections required or permitted under the act, this part or an order of the Authority, up to 20% of all limousines registered with the Authority shall be submitted to a scheduled compliance inspection on an annual basis and at a time and location designated by the Authority. The Enforcement Department will designate each limousine for compliance inspection as provided in this section.

 (2) Beginning February 25, 2017, the fee for a compliance inspection conducted by the Authority under this subsection is $25 and payment shall be made at the time of the inspection under § 1001.42 (relating to mode of payment to the Authority).

 (b) State inspection.

 (1) A certificate holder may elect to have the Authority conduct a State inspection as defined in § 1055.1 (relating to definitions) upon request to the Authority, either at the time of the scheduled inspection under subsection (9) or at a time and place designated by the Authority.

 (2) The fee for a State inspection conducted under this subsection is $50 beginning February 25, 2017, and ending June 30, 2017, or when a new fee schedule is adopted under sections 5707 and 5710 of the act (relating to budget and assessments; and fees), whichever is later. Payment shall be made at the time of the inspection under § 1001.42. The current State inspection fee will be posted on the Authority's web site at www.philapark.org/tld as provided in § 1001.43 (relating to Authority fee schedule).

§ 1055.12. (Reserved).

§ 1055.17. Removal of vehicle and change of license plate.

 (a) A certificate holder shall report the removal of a vehicle from Philadelphia limousine service to the Manager of Administration at TLDAdmin@philapark.org within 72 hours of removal.

 (b) A certificate holder shall report the change of the Department of Transportation license plate, or the change of the license plate of a similarly authorized government entity in another jurisdiction of the United States, issued to a limousine to the Manager of Administration at TLDAdmin@philapark.org within 72 hours of the license plate change.

§ 1055.19. Prerequisites to inspection.

 (a) The Authority will not initiate an inspection of a limousine, except as provided in § 1055.14 (relating to field inspections), if the limousine is out of compliance with the act, this part or an order of the Authority.

 (b) The Authority will not initiate an inspection of a limousine, except as provided in § 1055.14, if the certificate holder is out of compliance with the act, this part or an order of the Authority, including the following sections:

 (1) Section 1051.3 (relating to annual rights renewal process).

 (2) Section 1051.5 (relating to ineligibility due to conviction or arrest).

 (3) Section 1051.6 (relating to payment of outstanding fines, fees and penalties).

 (c) A limousine determined to be unfit for inspection due to a violation of this section will be placed out of service as provided in § 1003.32(c) (relating to out of service designation).

Subchapter C. IMPOUNDMENT OF VEHICLES AND EQUIPMENT

§ 1055.31. Definitions.

 The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

 Impoundable offense—The occurrence of any of the following circumstances is an impoundable offense:

 (i) An unauthorized limousine operates as a limousine or offers to operate as a limousine in Philadelphia.

 (ii) The condition of a limousine creates an immediate threat to public safety if permitted to continue operation.

 (iii) The continued operation of a limousine by the driver creates an immediate threat to public safety, except when the certificate holder is able to promptly provide an alternate adult individual with a valid driver's license to assume control of the vehicle.

 Registered lienholder—A person having a vehicle lien interest that is registered with the Department of Transportation, or the similarly authorized registering agency of the jurisdiction identified on the license plate of the vehicle, if any, on the date the vehicle was impounded.

 Registered owner—The owner of the vehicle as registered with the Department of Transportation, or the similarly authorized registering agency of the jurisdiction identified on the license plate of the vehicle, if any, on the date the vehicle was impounded.

 Unauthorized limousine—

 (i) A vehicle that is not a remote carrier as defined in § 1053.42 (relating to remote carriers) or without a current, valid and properly affixed limousine rights sticker issued by the Authority as provided in § 1055.2 (relating to limousine rights sticker).

 (ii) A limousine that has been placed out of service as provided in § 1003.32 (relating to out of service designation).

 (iii) A limousine that is operated under a certificate of public convenience that has been placed out of service as provided in § 1003.32.

 (iv) The term does not apply to a vehicle that provides common carrier service as provided in section 5741(a.3) of the act (relating to certificate of public convenience required) under current authorization from the PUC.

 Vehicle—The vehicle and equipment used or capable of being used to provide limousine service.

CHAPTER 1057. LIMOUSINE DRIVERS

§ 1057.2. Certification required.

 (a) Only a limousine driver as defined under § 1001.10 (relating to definitions) may provide limousine service.

 (b) A limousine driver shall carry and display an original limousine driver's certificate on the sun visor of the limousine on the driver's side with the front of the certificate (picture) facing the rear seat at all times or in the center of the front compartment of the vehicle so long as it is plainly visible to all passengers in the vehicle.

 (c) A limousine driver may not drive a limousine with a mutilated, damaged or illegible limousine driver's certificate.

 (d) Only one limousine driver's certificate at a time may be displayed in a limousine.

 (e) A limousine driver's certificate is not transferable.

§ 1057.4. Ineligible persons for limousine driver certificate.

 In addition to other prohibitions provided in this part, an applicant for a limousine driver's certificate is automatically ineligible under the following circum- stances:

 (1) The applicant does not hold a current driver's license.

 (2) The applicant does not speak the English language sufficiently to communicate with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries and to make verifiable entries on reports and records.

 (3) The applicant has failed to complete limousine driver testing as prescribed by this chapter.

 (4) The applicant is unable to provide information required under this subpart.

 (5) The applicant is 20 years of age or younger.

 (6) The applicant does not have a driving history in the United States of at least 1 continuous year prior to the date of application.

 (7) The applicant's driver's history reflects three moving violations or a major violation as defined in § 1051.2 (relating to definitions) in the 3-year period prior to the driving history check.

 (8) The applicant has been convicted of driving under the influence of drugs or alcohol in the preceding seven years from the filing date of the DR-1 ''Driver Application.''

 (9) The applicant has been disqualified by the Authority from being a TNC driver under section 57A12(e) of the act (relating to transportation network company drivers) within the 5 years immediately preceding the filing date of the DR-1 ''Driver Application.''

§ 1057.5. Standards for obtaining a limousine driver's certificate.

 (a) General. Except as provided in § 1057.3 (relating to continuing certificates), to obtain a limousine driver's certificate an individual shall complete and file with the Director Form DR-1 ''Driver Application,'' along with the application fee which shall be paid as provided in § 1001.42 (relating to mode of payment to the Authority). The DR-1 may be obtained on the Authority's web site at www.philapark.org/tld. Beginning February 25, 2017, and ending January 1, 2018, the fee for a limousine driver's certificate is $25. Thereafter, any annual increase to the fee may not exceed the percentage annual change in the Gross Domestic Product Price Index, as calculated by the United States Department of Commerce. The current limousine driver certificate fee will be posted on the Authority's web site at www.philapark.org/tld under § 1001.43 (relating to Authority fee schedule).

 (b) DR-1 application. The completed DR-1 shall be verified as provided in § 1001.36 (relating to verification and affidavit) and include the information required by the Authority, including all of the following:

 (1) The full and legal name of the individual applicant.

 (2) The applicant's residential address and telephone number. Applicants may submit an email address to become eligible for service of notice as provided in § 1001.51 (relating to service by the Authority).

 (3) The applicant's driver's license.

 (4) The applicant's Social Security card or documents confirming a legal permanent resident status or an alien authorized to work status, if applicable.

 (5) An authorization to release the applicant's criminal history report from the State Police to the Authority, if necessary, and authorization for the release of the applicant's criminal history report from a certificate holder.

 (6) An authorization to release the applicant's driver history report from the Department of Transportation to the Authority, if necessary, and authorization for the release of the applicant's driver history report from a certificate holder.

 (7) Submit Form DR-2 ''Driver Medical History,'' which is available on the Authority's web site at www.philapark.org/tld. The requirement to complete the DR-2 will be waived for an applicant who possesses a current physical exam card issued under the requirements of a commercial driver's license in Pennsylvania. See 49 CFR 391.41—391.49 (relating to physical qualifications and examinations).

 (8) A list of all Authority or PUC certificates in which the applicant has any controlling interest.

 (9) A written statement verified as provided in § 1001.36, which provides that:

 (i) The applicant has not been subject to a conviction as provided in § 1001.10 (relating to definitions).

 (ii) The applicant is in compliance with § 1051.6 (relating to payment of outstanding fines, fees and penalties).

 (iii) The applicant can comply with the requirements in this chapter.

§ 1057.8. Certain training subjects.

 (a) The Authority will continually monitor issues related to limousine drivers, including safety and customer service, and maintain a current list of limousine driver training subjects on its web site at www.philapark.org/tld, including the following subjects:

 (1) Authority regulations governing limousine drivers.

 (2) Authority regulations governing limousine certificate holders.

 (3) Authority regulations governing equipment.

 (4) Penalties for violation of Authority regulations.

 (5) Overview of the administrative process related to violations.

 (6) Identification and address of the Authority offices responsible for administering the act.

 (7) Driving and customer safety issues, including the following:

 (i) Defensive driving techniques.

 (ii) Emergency aid.

 (iii) Vehicle and equipment inspections.

 (iv) Crime prevention.

 (v) Accident reporting procedures.

 (8) Issues related to the geography of Philadelphia, including the following:

 (i) Map reading.

 (ii) Overview of major street and traffic patterns.

 (iii) Identification and location of popular landmarks and locations.

 (b) Upon submission of a completed DR-1 application as provided in this chapter, the DR-1 will be reviewed to determine if the applicant is eligible to be scheduled for testing under § 1057.9 (relating to limousine driver test).

 (1) An applicant will not be scheduled for testing if the application documents present information that clearly renders the applicant ineligible to be a limousine driver. For example, an applicant who does not possess a valid driver's license or is not in compliance with § 1051.6 (relating to payment of outstanding fines, fees and penalties).

 (2) If the applicant is eligible to be scheduled for testing, the applicant may be issued a provisional limousine driver certificate, for up to 90 days from the filing date of the DR-1, or until a certificate is issued by the Authority, whichever is earlier.

 (3) Upon confirmation of a completed DR-1 filing, the applicant shall schedule a time and date for testing under § 1057.9 with the Manager of Administration.

§ 1057.10. Driver requirements.

 (a) Preservice inspection. Prior to driving a limousine before each shift, a limousine driver shall perform a vehicle inspection to confirm that the limousine complies with this subpart. The inspection must include all of the following:

 (1) At least one full walk around the limousine to assure the exterior of the vehicle is in compliance with this subpart, including all of the following:

 (i) The exterior of the limousine is not damaged and no parts of the vehicle have been removed. For example, the hood and doors of the limousine are present and in the proper location.

 (ii) The limousine's tires are full size and the treads are not worn below the level permitted under § 1055.4(b)(4) (relating to basic vehicle standards).

 (2) The opening and closing of all doors, the hood and the trunk to assure proper functionality, and the absence of any sharp edges that may injure a passenger or damage clothing, luggage or other property.

 (3) An inspection of the interior of the limousine to make certain that the vehicle is clean and otherwise in compliance with this subpart.

 (4) Use of the heater and air conditioner to confirm the limousine's ability to maintain the air temperature required under § 1055.4(b)(12).

 (b) Permitted fares. A limousine driver may not charge fares or rates for service other than those provided in the certificate holder's tariff as provided in Chapter 1063 (relating to tariffs).

 (c) Rules of the road. A limousine driver shall continually provide limousine service in a manner consistent with 75 Pa.C.S. (relating to Vehicle Code) and the Philadelphia Traffic Code (12 Phila. Code §§ 100—3012).

 (d) Presentation and appearance. A limousine driver is responsible for providing clean, safe and courteous limousine service, including all of the following:

 (1) Presenting a neat and clean appearance while providing limousine service.

 (2) Dressing in clean clothing composed of a shirt with collar, ankle-length trousers, slacks/dress, skirts (if gender appropriate), socks or stockings, and shoes. For example, shorts, bathing trunks, bathing suits, undershirts, muscle shirts and tank-tops are prohibited unless concealed as undergarments beneath the attire described in this paragraph.

 (3) Wearing open toed shoes, sandals or bare feet is prohibited while operating a limousine.

 (4) Ceasing operation of a vehicle known by the driver to be in an unsafe condition.

 (5) Being courteous toward passengers, the public, law enforcement officials and representatives of the Authority. A driver may not use obscene, vulgar or offensive language while providing limousine service.

 (6) Maintaining the volume of a radio at a low level and upon the request of a passenger lowering the volume or switching off music or electronic noise such as a radio.

 (7) Ceasing use of a mobile telephone and removing ear phones or Bluetooth devices from ears when a passenger is in the vehicle.

 (8) Making certain that the taxicab complies with the temperature requirements in § 1055.4(b)(12).

 (9) Assisting the elderly or persons with disabilities in entering and exiting the limousine.

 (10) Maintaining cash capable of providing change for a $20 bill.

 (11) Immediately reporting possessions of passengers left behind in a limousine after service to the Manager of Enforcement and the limousine certificate holder, then delivering the possessions to TLD Headquarters.

 (e) Zero-tolerance policy. A limousine driver may not be under the influence of drugs or alcohol while providing limousine service. The Authority will and certificate holders shall enforce a zero-tolerance policy on the use of drugs or alcohol by a limousine driver while providing limousine service.

 (1) The driver's certificate of a limousine driver who is the subject of a TLD investigation or a passenger complaint and whom the inspector or passenger reasonably suspects was under the influence of drugs or alcohol during the course of providing limousine service shall be immediately placed out of service under § 1003.32 (relating to out of service designation).

 (2) The Authority may conduct a drug and alcohol test upon written consent by the limousine driver.

§ 1057.16. Trip sheet requirements.

 (a) A driver of any classification of a limousine vehicle engaged in providing limousine service shall have a trip sheet in the vehicle, whether maintained in a paper form or digital form, evidencing that the vehicle is in service. The trip sheet must contain all of the following information:

 (1) The limousine driver's name, the limousine number, the certificate holder and the dispatcher.

 (2) The starting location and time of each trip.

 (3) The ending location and time of each trip.

 (4) A designation indicating whether a trip resulted through the dispatcher or direct call from the passenger.

 (5) The fare paid for the trip.

 (6) The amount of any gratuity paid to the limousine driver.

 (b) At the conclusion of the trip, the driver shall record the ending time on the trip sheet.

 (c) The trip sheet shall be retained by the certificate holder as provided in § 1051.10 (relating to record retention).

§ 1057.17. Expiration and renewal of certificate.

 An individual with a limousine driver's certificate that has been expired for more than 2 years shall pass the limousine driver test as provided in this chapter before providing service.

CHAPTER 1059. APPLICATIONS AND SALE OF RIGHTS

§ 1059.2. Applications for limousine rights.

 (a) To obtain a certificate to operate a class of limousine service as provided in Chapter 1053 (relating to standard classifications of limousine service), a person shall complete and file with the Director Form SA-1 ''Sale Application,'' along with the application fee as provided in §§ 1001.42 and 1001.43 (relating to mode of payment to the Authority; and Authority fee schedule). The SA-1 may be obtained on the Authority's web site at www.philapark.org/tld.

 (b) The filing requirements and standards of review applicable to SA-1 applications will be the same as those applicable to a proposed buyer of rights as provided in this chapter.

§ 1059.3. Authority approval of sale of rights.

 (a) Sale of transferable rights. The sale of transferable rights without advance approval of the Authority is void by operation of law.

 (b) Sale of securities in transferable rights. The sale of securities in an entity that owns transferable rights will be considered a sale under this chapter in either of the following circumstances:

 (1) The securities to be transferred equal or exceed 5% of the issued securities in the entity that holds an ownership interest in a transferrable right.

 (2) Upon completion of the transfer the buyer will own 5% or more of the issued securities in the entity that holds an ownership interest in a transferrable right.

§ 1059.6. Required application information.

 (a) SA-1 form. The SA-1 is a multipurpose form intended for use in the sale of different transferable rights and shall be completed by the broker or attorneys, or both, in a manner consistent with the intentions of the sale.

 (b) Required information. The completed SA-1 must include all of the information required by the Authority:

 (1) The certificate numbers.

 (2) The name of the proposed buyer and contact information, including a telephone number, an email address and a facsimile number.

 (3) If the proposed buyer is a nonindividual person and is not already a certificate holder:

 (i) The articles of incorporation, operating agreement, formation documents or other applicable organizing documents for the applicant.

 (ii) A certificate of good standing for the applicant from the Bureau of Corporations and Charitable Organizations.

 (iii) A copy of the Department of State's entity page for the applicant.

 (4) The name of any holding company as defined in § 1051.2 (relating to definitions) having an interest in the proposed buyer and a contemporaneous certificate of good standing for the holding company from the Bureau of Corporations and Charitable Organizations, or similarly authorized entity in another jurisdiction in the United States.

 (5) The trade name, if any, of the proposed buyer and a copy of the trade name registration certificate, if applicable.

 (6) The mailing address and physical address of the proposed buyer.

 (7) A copy of the proposed buyer's business plan.

 (8) A list of current corporate officers, directors, stockholders, key employees and persons with controlling interests as defined in § 1051.2, if applicable with an indication of each individual's title.

 (9) A list of all Authority, PUC and Federal common carrier rights held by the proposed buyer and any of the persons listed in response to paragraph (8), including taxicab medallions.

 (10) The name, address, telephone number, facsimile number and email address of any attorney assisting the proposed buyer with the application process, together with an acknowledgement that § 1061.1(b) (relating to broker registration) has been reviewed by the proposed buyer.

 (11) A criminal history report, issued within 30 days of the filing of the application, from any jurisdiction in which the following persons have lived in the preceding 5 years through the date of application:

 (i) An individual proposed buyer.

 (ii) Any individual with a controlling interest in the proposed buyer.

 (iii) Any individual with a controlling interest in the holding company of a proposed buyer.

 (iv) A key employee.

 (12) A verified statement indicating that the persons identified in paragraph (11) have not been subject to a conviction as defined in § 1001.10 (relating to definitions) and that the proposed buyer has read and understands the prohibitions of ownership as provided in § 1051.5 (relating to ineligibility due to conviction or arrest).

 (13) Verified statements from the owner and proposed buyer confirming that each are in compliance with § 1051.6 (relating to payment of outstanding fines, fees and penalties).

 (14) The Federal Tax Identification number for the owner and proposed buyer.

§ 1059.8. Financial fitness generally.

 The Authority will review the financial fitness of the proposed buyer, including a review of the following:

 (1) Bank statements of the proposed buyer evidencing ownership of a bank account holding not less than the greater of $5,000 or 2% of the sale price of the transferable rights in unencumbered and available funds. The funds under review must have been in the bank account for at least 3 months.

 (2) If the sale does not include financing by a lender authorized to make commercial loans in this Commonwealth, the proposed buyer shall submit documentation for the Authority's review to insure the following requirements are met:

 (i) The credit report of each persons identified in § 1059.6(b)(8) (relating to required application information) evidencing a credit score of at least 600 for each person.

 (ii) The absence of any outstanding and unappealed civil judgments against each of the parties required to submit a criminal history report under § 1059.6(b)(8).

 (3) The Authority may require the submission of additional financial information necessary to determine the financial fitness of a proposed buyer.

§ 1059.11. Approval process and closing on sale.

 (a) If the Director determines that an applicant for a limousine certificate or a proposed buyer of rights is qualified as provided in the act, this part or an order of the Authority, a recommendation to approve the application or sale will be presented to the Authority for approval at its next regularly scheduled meeting. The Authority may require that proposals from the Director as provided in this section first be presented to a committee of the Board at a public meeting.

 (b) Upon approval of the sale by the Authority, the Director will schedule the parties to meet at a time and location where an Authority staff member will witness the closing of the transaction except for an applicant that is obtaining a new limousine certificate under § 1059.2 (relating to applications for limousine rights).

 (c) An Authority staff member will witness the execution of each document by the owner and proposed buyer, or their designated agents. Any closing not witnessed by Authority staff is void.

§ 1059.13. Commencement of service.

 A regulated party shall, within 30 days from the date of receipt of a certificate or from the date of settlement under § 1059.11(b) (relating to approval process and closing on sale), whichever is applicable, begin operating and furnishing service. If it has not commenced operating and furnishing the authorized service within 30 days, appropriate proceedings shall be initiated to terminate the certificate unless, upon specific permission as provided in § 1051.13 (relating to voluntary suspension of certificate), the time for commencement of service is extended.

CHAPTER 1063. TARIFFS

§ 1063.2. Limousine rates and tariffs.

 (a) Certificate holders shall comply with section 5703 of the act (relating to rates) and this chapter as to rates and tariffs.

 (b) Except when inconsistent with the act, this part or an order of the Authority, limousine certificate holders shall charge rates and maintain and file tariffs with the Director in a manner consistent with relevant portions of Chapter 23 (relating to tariffs for common carriers).

 (c) Nonflexible rate tariffs for limousines must be based on time, mileage or a combination of both. Nonflexible rates shall be filed with the Director and may be effective no earlier than 72 hours' notice to the Director. Supporting financial justification for tariff changes utilizing nonflexible rates is not required. The use of meters is prohibited.

 (d) Upon the Director's approval and conditions as may be appropriate, limousine certificate holders may adopt a tariff utilizing a flexible pricing model that allows rates to change in real time in response to the supply of available limousines and the demand for service. Tariffs utilizing flexible rates shall be filed with the Director and may be effective no earlier than 60 days' notice to the Director. Supporting financial justification for tariff changes utilizing flexible rates is not required. The use of meters is prohibited. Tariffs utilizing flexible rates must include a notification procedure that discloses the estimated fare to customers prior to the beginning of the trip. Tariffs must comply with the Price Gouging Act (73 P.S. §§ 232.1—232.5).

 (e) A limousine certificate holder may offer below-tariff pricing such as promotions, coupons, loyalty programs and corporate client discounts upon 24 hours advanced written notice to the Authority.

[Pa.B. Doc. No. 17-758. Filed for public inspection May 5, 2017, 9:00 a.m.]

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