[41 Pa.B. 435]
[Saturday, January 15, 2011]

[Continued from previous Web Page]

CHAPTER 1017. VEHICLE AND EQUIPMENT REQUIREMENTS

Subchap.

A.	GENERAL PROVISIONS
B.	COLORS AND MARKINGS
C.	METERS
D.	TAXICAB INSPECTIONS
E.	IMPOUNDMENT OF VEHICLES AND EQUIPMENT
F.	TAXICAB LEASES

Subchapter A. GENERAL PROVISIONS

Sec.

1017.1.	Purpose.
1017.2.	Preservice inspection.
1017.3.	Taxicab age parameters.
1017.4.	Taxicab mileage parameters.
1017.5.	Basic vehicle standards.
1017.6.	Required documents.
1017.7.	Transportation of blind, deaf or physically disabled persons with service animals.

§ 1017.1. Purpose.

 (a) This chapter establishes and prescribes Authority regulations and procedures related to the condition, type, and inspection of taxicabs and equipment used to provide taxicab service in Philadelphia.

 (b) The following words and terms, when used in this subchapter, 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 § 1017.3 (a) (relating to taxicab age 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 taxicab or taxicab equipment, or both, by the Authority to assure compliance with the act, this part and orders of the Authority, which will include all of the components of a state inspection, except that emissions testing will not occur. Anytime the inspection of a taxicab, a meter, or other taxicab 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 taxicab by an inspector for compliance with the act, this part and all orders of the Authority.

 Hybrid vehicle—A motor vehicle that allows power to be delivered to the drive wheels by a nongasoline energy sources, but which also incorporates the use of a gasoline combustion engine and which meets the applicable Federal motor vehicle safety standards. The primary source of power for the motor must be the nongasoline energy source.

 TLD inspection sticker—A certificate of inspection issued and affixed by the Enforcement Department to a vehicle subject to this part upon confirmation of compliance with the act, this part or orders of the Authority after a compliance inspection.

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

§ 1017.2. Preservice inspection.

 A vehicle may not perform taxicab service without a TLD inspection sticker as provided in § 1017.32 (relating to TLD inspection sticker required).

§ 1017.3. Taxicab age parameters.

 (a) Method of age computation. The age of a taxicab will be determined by comparing its model year to the current model year. A model year begins on the first day of each October. For example, a taxicab with a model year of 2008 would be 4 years old on October 1, 2012.

 (b) Taxicabs generally.

 (1) Except as provided in paragraph (2) and subsection (c):

 (i) A taxicab that is 5 years old or older is not eligible for inspection as provided in § 1017.31 (relating to biannual inspections by the Authority) and shall be removed from taxicab service prior to the date of the next scheduled biannual inspection.

 (ii) A vehicle may not be introduced for service as a taxicab, or reenter service after having been removed from taxicab service by the certificate holder if the age of the vehicle is 1 year old or older.

 (2) The Director may authorize the operation of antique vehicles as taxicabs upon review of a petition for waiver as provided in § 1005.23 (relating to petitions for issuance, amendment, repeal, or waiver of Authority regulations).

 (c) Wheelchair accessible taxicabs and hybrid vehicles.

 (1) A taxicab that is wheelchair accessible or a hybrid vehicle, or both, that is 8 years old or older is not eligible for inspection as provided in § 1017.31 and shall be removed from taxicab service prior to the date of the next scheduled biannual inspection.

 (2) A taxicab that is wheelchair accessible or a hybrid vehicle, or both, may not be introduced for service as a taxicab, or reenter service after having been removed from taxicab service by the certificate holder, if it is 3 years old or older.

§ 1017.4. Taxicab mileage parameters.

 (a) Mileage at vehicle introduction. A vehicle may not be first introduced for taxicab service with a cumulative mileage registered on the odometer as follows:

 (1) For a taxicab, 15,000 miles or more.

 (2) For a taxicab that is wheelchair accessible or a hybrid vehicle, or both, 35,000 miles or more.

 (b) Maximum mileage. A taxicab is not eligible for inspection as provided in § 1017.31 (relating to biannual inspections by the Authority) and shall be removed from taxicab service prior to the date of the next scheduled inspection when the cumulative mileage registered on the odometer is as follows:

 (1) For a taxicab, 200,000 miles or more.

 (2) For a taxicab that is a wheelchair accessible or a hybrid vehicle, or both, 300,000 miles or more.

 (c) 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 equal to 3,333 miles per month from the last reliable odometer recording through the date of inspection. If a reliable baseline odometer reading cannot be ascertained, the vehicle may not be introduced for service or continue in service as a taxicab.

 (2) Except for taxicabs that are wheelchair accessible or hybrid vehicles, or both, if a taxicab is presented for inspection as provided in § 1017.31 with a cumulative mileage registered on the odometer that will reach or exceed 200,000 during the 2 months immediately following the inspection date based on the imputed mileage calculations of paragraph (1), the taxicab will not be eligible for inspection and shall be removed from taxicab service.

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

 (e) Penalties. A person determined to have intentionally manipulated or disconnected the odometer of a taxicab will be subject to a $1,000 fine and a cancellation of rights issued by the Authority, or both.

§ 1017.5. Basic vehicle standards.

 (a) State vehicle standards. In addition to standards required under the act, this part and orders of the Authority, a taxicab shall continually satisfy the applicable Department of Transportation equipment inspection standards stated in 67 Pa. Code Chapter 175 (relating to vehicle equipment and inspection) when providing taxicab service, except where those standards are exceeded or otherwise altered by this subpart.

 (b) Standard taxicab vehicle requirements. Each taxicab is subject to the following requirements:

 (1) A taxicab must have four functioning doors which comply with the standards provided in 67 Pa. Code Chapter 175, which must have the following properly aligned, installed and maintained components:

 (i) Hinges.

 (ii) Door gaskets and doorway padding.

 (iii) Latches.

 (iv) Doors that open without resistance and close securely.

 (v) Functioning door locks operable by the passenger.

 (2) A taxicab must utilize the services of a dispatcher approved by the Authority under Chapter 1019 (relating to dispatchers) and dispatch-related equipment must function properly.

 (3) A taxicab must be equipped with an operable two-way radio and a mobile data terminal connected to a dispatch radio system approved by the Authority.

 (4) Except as provided in paragraph (5), the taxicab must have a functioning dome light firmly affixed to its roof. The dome light must be lit when the vehicle is available for service. The dome light must comply with the approved design submitted by the taxicab's certified dispatcher under § 1019.7 (relating to name, colors and markings review).

 (5) A rooftop-advertising panel with ends that illuminate to indicate when the taxicab is available for service may be used in lieu of the dome light.

 (6) A taxicab must display the Authority's uniform taxicab rates proscribed under Chapter 1023 (relating to taxicab rates).

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

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

 (9) A taxicab must have four full sized 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 sized and usable spare tire that complies with the standards of this section is properly stored in the taxicab.

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

 (10) A taxicab may not use retread tires.

 (11) The taxicab must have a trunk or storage area large enough to accommodate a folded manual wheelchair.

 (12) A taxicab must be equipped with a protective shield which separates the front seat from the back seat and bears the manufacturer's name, as provided in section 5714 (b) of the act (relating to certificate and medallion required). The protective shield must meet the following minimum requirements:

 (i) The upper portion of the shield must extend from the top of the front seat to a point not more than 3 inches from the ceiling of the vehicle and must be constructed of a clear, see-through, bullet-resistant material.

 (ii) The shield must have either a sliding window controlled by the vehicle operator and capable of being locked by the driver or a payment exchange cup or tray or similar device which allows the operator to receive payment from passengers in the back seat of the vehicle without unduly exposing the vehicle operator to danger.

 (iii) The upper portion of the shield may not obstruct the vehicle operator's view of the road to the rear of the vehicle.

 (iv) The lower portion of the shield must extend the full length of the front seat and be constructed of a bullet-resistant material.

 (v) Both the upper and lower portions of the shield must extend from a point flush with the left-hand side of the vehicle across the vehicle to a point flush with the right-hand side of the vehicle.

 (vi) The shield may not have an edge or projection protruding into the area where a passenger or driver will sit or move.

 (vii) The lower portion of the shield must be installed in a manner which complies with the legroom requirements of paragraph (2).

 (viii) The shield must be installed in a manner which does not prevent voice communication between the vehicle operator and passengers in the vehicle.

 (ix) The shield must be installed in a manner which allows heat and air conditioning to maintain the taxicab's temperature at levels required under paragraph (19).

 (x) The shield must be sufficiently transparent to allow a passenger to easily read the meter and the taxicab driver's certificate.

 (13) A taxicab must be equipped with a meter approved for use as provided in § 1017.23 (relating to approved meters) and may not be equipped with a device that has the capability of allowing the meter to register a nonapproved rate.

 (14) A taxicab may not be equipped with a push bumper.

 (15) The interior, exterior and trunk compartment of a taxicab 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.

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

 (17) A taxicab'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.

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

 (19) Except upon a passenger's request to the contrary, the passenger area of a taxicab must remain a constant temperature between 60° and 78° Fahrenheit. While in a taxi-stand line, a taxicab is exempt from this temperature requirement until it reaches the position of first, second or third vehicle from the front of the line.

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

 (21) A taxicab's passenger compartment must contain at least two seats with space that measures 28 inches or more from the back of the passenger's seats to any barrier in front of it.

 (22) A taxicab must contain a legible commercially produced map of the City of Philadelphia for use by the taxicab driver.

 (23) A taxicab's exterior paint must be in good repair and consistent with the colors and markings of the taxicab's dispatcher and the exterior of the vehicle shall be free of damage.

 (24) In addition to other postings required by this subpart, a taxicab must have posted in the passenger compartment in a place easily observed by passengers, the following information:

 (i) A prohibition against smoking, eating, and drinking while in the taxicab.

 (ii) The rates for service, in a format prescribed by the Authority.

 (iii) The availability of noncash payment options.

 (iv) The list of Passengers' Rights issued by the Authority.

 (v) Information on how to submit a taxicab service related complaint to the Authority in both written English and Braille.

 (vi) The taxicab's dispatcher and the number assigned to the taxicab under § 1017.14 (relating to taxicab numbering).

 (25) The Authority may require the installation of a separate heating and air conditioning system in a taxicab if necessary to comply with paragraph (19).

 (c) Interstate drivers. No requirement of this subpart, or any Authority regulation, may be interpreted to disrupt or interfere with interstate commerce exclusively regulated by or preempted by the government of the United States, including commerce addressed by the Real Interstate Drivers Equity Act of 2002 (49 U.S.C.A. §§ 13102 and 14501.)

 (d) Smoking prohibited. Persons may not smoke in a taxicab.

 (e) Advertising prohibited.

 (1) Except as provided in subsection (b)(5), the display of advertisements on the exterior or interior of a taxicab is prohibited, except for the colors and markings and postings required by the act, this part or an order of the Authority.

 (2) Advertisements, colors, markings and other displays required by this part must be securely fastened to the taxicab and may not obscure the driver's view in any direction.

 (f) Inspection by certificate holder. A certificate holder shall inspect each of its taxicabs on a daily basis to confirm that the taxicab complies with this subpart.

§ 1017.6. Required documents.

 A taxicab must contain the following documents for review by an inspector upon request:

 (1) Proof of current and valid financial responsibility as required under Chapter 1025 (relating to insurance required) and section 5704 of the act (relating to power of authority to require insurance).

 (2) Proof of vehicle ownership and a copy of the vehicle or medallion lease, if applicable.

§ 1017.7. Transportation of blind, deaf or physically disabled persons with service animals.

 Taxicabs must transport dogs trained for the purpose of assisting blind, deaf or physically disabled persons when accompanying blind, deaf or physically disabled persons paying a regular fare. The guide dogs must be properly leashed and may not occupy a seat.

Subchapter B. COLORS AND MARKINGS

Sec.

1017.11.	Distinctive colors and markings.
1017.12.	Required markings and information.
1017.13.	Removal of name, colors and markings.
1017.14.	Taxicab numbering.

§ 1017.11. Distinctive colors and markings.

 (a) Taxicabs generally.

 (1) A taxicab must display the colors and markings of its dispatcher as approved by the Authority as provided in § 1019.7 (relating to name, colors and markings review).

 (2) The doors and the rear quarter panels of the taxicab must be dedicated to information about the dispatcher, including its name and phone number.

 (3) A taxicab may not use the services of more than one dispatcher.

 (b) Partial-rights taxicabs.

 (1) Taxicabs operated through a partial-rights certificate must have the same colors and markings.

 (2) Taxicabs operated through a partial-rights certificate must have colors and markings that are different and distinguishable from every other partial-rights taxicab and each medallion taxicab.

 (3) Taxicabs operated through a partial-rights certificate must be associated with the same dispatcher.

 (c) Simulation of colors and markings. A person may not mark, paint or design the exterior appearance of a taxicab to display inaccurate information, including an association with a dispatcher to which the vehicle is not associated.

§ 1017.12. Required markings and information.

 (a) In addition to the name, colors and markings required under § 1019.7 (relating to name, colors and markings review), a taxicab must continually display the following markings and information:

 (1) The identification number required under § 1017.14 (relating to taxicab numbering) shall be posted on the front fenders of the taxicab and on the rear of the taxicab in print 5 inches high or larger.

 (2) The name of the certificate holder must appear on the front fenders of the taxicab in print 5 inches high or larger.

 (3) Current inspection stickers required under § 1017.32 (relating to TLD inspection sticker required) shall be attached to the lower passenger side windshield.

 (4) If the vehicle is a medallion taxicab, the current medallion shall be attached to the hood of the vehicle.

 (5) A taxicab must be registered with the Department of Transportation and obtain commercial registration plates identifying the vehicle as a taxicab bearing the letters ''TX.''

 (b) The Authority will produce the standardized postings required by this part for taxicabs and may permit certificate holders to produce substantially similar postings. The Authority will specify the location of each posting. A list of the required postings and the locations of the posting will be made available at www.philapark.org/tld.

§ 1017.13. Removal of name, colors and markings.

 (a) A vehicle may not be operated with the name, colors and markings of a taxicab unless the vehicle is authorized for taxicab service as provided in this part.

 (b) The name, colors and markings identifying a vehicle as a taxicab shall be removed by the certificate holder within 72 hours of the removal of a medallion or other event which prohibits a vehicle from providing taxicab service. For example, a vehicle's dispatcher name, taxicab colors and markings must be removed when the vehicle is sold, the vehicle is removed from service due to mileage or age restrictions, or is otherwise not intended to immediately reinitiate taxicab service under this part.

§ 1017.14. Taxicab numbering.

 (a) Medallion taxicabs. The identification number of a medallion taxicab will be the number on the medallion attached to the taxicab.

 (b) Partial-rights taxicabs.

 (1) Each partial-rights certificate holder shall notify the Director by filing Form PRT-2 ''Vehicle Numbering'' of its intention to use a new identification number for a taxicab or to reassign an existing number to a different taxicab. The PRT-2 may be obtained on the Authority's web site at www.philapark.org/tld.

 (2) The Director may deny the requested partial-rights taxicab number assignment if it determines that the requested number may lead to regulatory or public confusion.

 (c) Partial-rights taxicabs must be identified by a unique sequential number, as follows:

 (1) Taxicabs with rights through Germantown Cab Company (Pennsylvania Public Utility Commission A-00110733) shall be numbered ''G-1'' for the first vehicle, ''G-2'' for the second vehicle, and continue according to that sequence until each taxicab is issued a unique number.

 (2) Taxicabs with rights through Bucks County Services, Inc. (Pennsylvania Public Utility Commission A-00111913) shall be numbered ''B-1'' for the first vehicle, ''B-2'' for the second vehicle, and continue according to that sequence until each taxicab is issued a unique number.

 (3) Taxicabs with rights through Concord Limousine, Inc. (Pennsylvania Public Utility Commission A-00113582) shall be numbered ''CL-1'' for the first vehicle, ''CL-2'' for the second vehicle, and continue according to that sequence until each taxicab is issued a unique number.

 (4) Taxicabs with rights through Concord Coach USA, Inc. (Pennsylvania Public Utility Commission A-00115589) shall be numbered ''CC-1'' for the first vehicle, ''CC-2'' for the second vehicle, and continue according to that sequence until each taxicab is issued a unique number.

 (5) Taxicabs with rights through Dee Dee Cab, Inc. Company (Pennsylvania Public Utility Commission A-00116499) shall be numbered ''D-1'' for the first vehicle, ''D-2'' for the second vehicle, and continue according to that sequence until each taxicab is issued a unique number.

 (6) MCT Transportation, Inc. d/b/a Montco Suburban Taxi: (Pennsylvania Public Utility Commission A-00119955) shall be numbered ''MCT-1'' for the first vehicle, ''MCT-2'' for the second vehicle, and continue according to that sequence until each taxicab is issued a unique number.

Subchapter C. METERS

Sec.

1017.21.	Taxicab meters.
1017.22.	Meter calibration and testing.
1017.23.	Approved meters.
1017.24.	Meter activation and display.
1017.25.	One meter.
1017.26.	Certificate holder responsible.

§ 1017.21. Taxicab meters.

 (a) Generally. Each taxicab shall be equipped with one sealed meter that satisfies the requirements of this subchapter.

 (b) Inspection and seals.

 (1) A taxicab meter must be inspected by the Authority prior to use.

 (2) The Authority will conduct meter accuracy testing to assure the meter is calibrated as provided in § 1017.22 (relating to meter calibration and testing).

 (3) Upon determining that a meter functions properly, the Enforcement Department will attach a numbered seal to the meter.

 (4) A meter may not be used in a taxicab unless it is sealed as provided in paragraph (3). If the seal becomes broken or damaged, the certificate holder shall remove the taxicab from service immediately and schedule a new meter inspection by the Enforcement Department.

 (c) Location of meter. The meter shall be installed in the center of the driver portion of the taxicab in a position that permits the passenger to view the current fare.

§ 1017.22. Meter calibration and testing.

 (a) A taxicab meter must be calibrated in accordance with the certificate holder's approved tariff or standard rates set by the Authority and meters must otherwise properly calculates fares, including the assigned monetary rates, calculations of time and calculations of distance traveled.

 (b) Meter testing may include the road operation of the taxicab with an inspector while the meter is engaged.

 (c) A meter must be able to pass an accuracy test conducted by an inspector at any time.

§ 1017.23. Approved meters.

 The Authority will maintain a list of meters approved for use in taxicabs. The list of approved taxicab meters may be obtained from the Authority's web site at www.philapark.org/tld.

§ 1017.24. Meter activation and display.

 (a) A taxicab meter must be activated for fare calculation by the driver when the passenger and the passenger's belongings are securely in the taxicab and the trip begins.

 (b) The meter must be deactivated for fare calculation by the driver when the taxicab has arrived at the destination designated by the passenger and the taxicab is able to safely and legally stop.

 (c) The meter must continuously display the current rate charged for an active fare and the display must be visible to the passenger.

 (d) The meters in every taxicab must have properly attached and approved receipt printers specified by the Authority in § 1017.23 (relating to approved meters), including the following:

 (1) The ability to issue a receipt containing information required by the Authority, including:

 (i) The mileage of the trip and amount paid, expressed in United States Dollars.

 (ii) The vehicle's taxicab number.

 (iii) The taxicab's dispatcher.

 (iv) The driver's certificate number.

 (v) The Authority's phone number or email address to be used to report complaints.

 (vi) The time and date of the fare.

 (2) The ability to provide drivers with driving directions through a global positioning system.

 (3) Global positioning system tracking to monitor the location of each taxicab and provide driving directions to the taxicab driver.

 (4) The ability to pay fares through the use of credit card and debit card processing hardware mounted in the passenger compartment. A transaction, processing or other fees associated with the acceptance of a credit card or debit card fare payment and delivery of the fare payment to the taxicab driver may not exceed 5% of the total fare amount.

 (5) A driver recognition function to permit only Authority certified drivers in possession of a taxicab driver's certificate to activate and then use the meter to provide taxicab service.

 (6) The ability to be remotely disabled by the Authority.

 (7) The ability to communicate voice and text messages between the driver, dispatcher and the Authority.

 (8) A distress button that can be easily activated by a driver to silently communicate to the dispatcher the need for emergency assistance.

 (e) Partial-rights certificate holders may seek one waiver from this provision until ______ (Editor's Note: The blank refers to a date 1 year after the effective date of adoption of this proposed rulemaking.). The purpose of the waiver is to permit additional time for the certificate holder to acquire and install the required meter system. The certificate holder's waiver petition shall be filed as provided in § 1005.23 (relating to petitions for issuance, amendment, repeal, or waiver of Authority regulations).

§ 1017.25. One meter.

 A taxicab is prohibited from containing a taxicab meter other than the approved meter inspected and sealed by the Authority.

§ 1017.26. Certificate holder responsible.

 The certificate holder shall inspect each taxicab meter prior to service each day to assure it has been approved for use by the Authority, is sealed as provided in § 1017.21(b)(3) (relating to taxicab meters) and is in proper working order. Unsealed or improperly sealed meters and malfunctioning meters shall be reported to the Enforcement Department immediately.

Subchapter D. TAXICAB INSPECTIONS

Sec.

1017.31.	Biannual inspections by Authority.
1017.32.	TLD inspection sticker required.
1017.33.	Failure to appear for scheduled inspection.
1017.34.	Field inspections.
1017.35.	Failure to submit to field inspection.
1017.36.	Reinspection.
1017.37.	Inspection subsequent to vehicular accident or damage.
1017.38.	Change of vehicle.
1017.39.	License plate change.
1017.40.	Transfer inspection.
1017.41.	Attendance at scheduled inspection.
1017.42.	Prerequisites to inspection.
1017.43.	Approved models and conditions.
1017.44.	Reconstructed vehicles prohibited.

§ 1017.31. Biannual inspections by Authority.

 In addition to other inspections required or permitted by the act, this part or an order of the Authority, every taxicab must submit to at least two scheduled inspections by the Authority on an annual basis at a time and location designated by the Authority. Each scheduled inspection will consist of one of the following:

 (1) A compliance inspection.

 (2) A compliance inspection combined with a full state inspection.

§ 1017.32. TLD inspection sticker required.

 (a) The Authority will affix a TLD inspection sticker to the lower right hand side of the taxicab's windshield upon successful completion of the following inspections:

 (1) Each biannual compliance inspection as provided in § 1017.31 (relating to biannual inspections by Authority).

 (2) A reinspection as provided in § 1017.36 (relating to reinspection), but only if the existing TLD Inspection Sticker has already expired or will expire before the next biannual inspection as provided in § 1017.31.

 (3) A compliance inspection as provided in § 1017.2 (relating to preservice inspection).

 (b) A taxicab may not provide service unless a current TLD Inspection Sticker is properly affixed to the taxicab.

 (c) Each TLD Inspection Sticker will expire 6 months from the date it is affixed to the taxicab.

 (d) Only the Authority may conduct State inspections of taxicabs and affix certificates of inspection as provided in 75 Pa.C.S. § 4728 (relating to display of certificate of inspection).

§ 1017.33. Failure to appear for scheduled inspection.

 If a taxicab fails to appear for an inspection as provided in § 1017.31 (relating to biannual inspections by the Authority), the certificate holder will be charged a rescheduling fee as provided in § 1001.43 (relating to Authority fee schedule), in addition to any penalty entered against the certificate holder.

§ 1017.34. Field inspections.

 (a) Inspectors may stop and inspect taxicabs in operation, or appearing to be in operation, to ensure continued compliance with the act, this part or any order of the Authority.

 (b) Upon field inspection, an inspector may instruct a taxicab driver to drive the taxicab directly to TLD Headquarters for a compliance inspection if the inspector believes that the taxicab is not in compliance with this chapter and represents a public safety concern.

§ 1017.35. Failure to submit to field inspection.

 (a) Upon instruction by an inspector, a taxicab driver shall stop the taxicab and permit the inspector to conduct a field inspection of the taxicab.

 (b) If a taxicab driver fails to permit a full field inspection, the taxicab will be placed out of service immediately, as provided in § 1003.32 (relating to out of service designation).

 (c) A person determined to have refused the direction of an inspector to submit a taxicab to a field inspection will be subject to a $1,000 fine and a cancellation of rights issued by the Authority, or both.

§ 1017.36. Reinspection.

 If a taxicab fails any Authority inspection or is removed from taxicab service for any reason, the taxicab may not resume taxicab service until a compliance inspection is successfully completed by the Authority.

§ 1017.37. Inspection subsequent to vehicular accident or damage.

 (a) A taxicab is prohibited from providing service after it is involved in one or more of the following:

 (1) An incident that must be reported to the police under 75 Pa.C.S. § 3746 (relating to immediate notice of accident to police department).

 (2) An incident involving contact with a vehicle owned or operated by any government entity.

 (3) An incident resulting in damage to the taxicab which requires more than $500 to repair.

 (4) An incident involving any contact with a taxicab which renders it incapable of being legally operated on a highway.

 (5) A motor vehicle accident resulting in injury or death to any person.

 (b) The certificate holder and driver shall contact the Manager of the Enforcement Department immediately upon the occurrence of any incident set forth in subsection (a) and the certificate holder shall remove the taxicab from service.

 (c) For a vehicle to reenter service after the occurrence of a condition referenced in subsection (b), the certificate holder shall schedule a compliance inspection with the Authority.

 (d) On or before the scheduled time for the Authority compliance inspection required under subsection (c), the certificate holder shall provide the Authority with a written list of the repairs made to the taxicab subsequent to the incident which caused it to be removed from service. The list of repairs required by this subsection shall be provided on the letterhead of the repair facility and executed by the repairman.

§ 1017.38. Change of vehicle.

 (a) In addition to the requirements of §§ 1013.2 and 1013.3 (relating to attachment of a medallion; and removal of a medallion), a medallion may not be attached to a different vehicle unless the vehicle has completed a compliance inspection.

 (b) A partial-rights taxicab may not be replaced with another vehicle nor may an additional vehicle be added to a partial-rights certificate, unless the vehicle has completed a compliance inspection.

§ 1017.39. License plate change.

 (a) A taxicab may not be operated with a license plate other than that which was assigned and attached to the taxicab at the time of its last compliance inspection.

 (b) A license plate other than the one referenced in subsection (a) may be attached to a taxicab only upon completion of a compliance inspection.

§ 1017.40. Transfer inspection.

 A taxicab subject to the transfer of a certificate or medallion or from one certificate holder to another must have completed a compliance inspection before it provides taxicab service.

§ 1017.41. Attendance at scheduled inspection.

 (a) The certificate holder or its attorney-in-fact shall attend each taxicab inspection conducted by the Authority, except field inspections as provided in § 1017.34 (relating to field inspections).

 (b) The attorney-in-fact shall appear with the original power of attorney, which must be in compliance with § 1001.28 (relating to power of attorney).

§ 1017.42. Prerequisites to inspection.

 (a) The Authority will not initiate an inspection of a taxicab, except as provided in § 1017.34 (relating to field inspections), if the taxicab 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 taxicab, except as provided in § 1017.34, if the certificate holder is out of compliance with the act, this part or an order of the Authority, including the following sections of this subpart:

 (1) Section 1011.3 (relating to annual rights renewal process).

 (2) Section 1011.5 (relating to ineligibility due to conviction or arrest).

 (3) Section 1011.7 (relating to payment of outstanding fines, fees, penalties and taxes).

§ 1017.43. Approved models and conditions.

 The Authority will publish a list of approved makes and models of vehicles permitted for use as taxicabs, which will be available at www.philapark.org/tld.

§ 1017.44. Reconstructed vehicles prohibited.

 Salvaged or reconstructed vehicles may not provide taxicab service.

Subchapter E. IMPOUNDMENT OF VEHICLES AND EQUIPMENT

Sec.

1017.51.	General.
1017.52.	Impoundment of vehicles and equipment.

§ 1017.51. General.

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

 Vehicle—The term includes the vehicle and equipment used or capable of being used to provide taxicab service.

 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.

 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.

§ 1017.52. Impoundment of vehicles and equipment.

 (a) Impoundments generally. The Authority may impound vehicles, medallions, and equipment used to provide call or demand service as provided in section 5714 (g) of the act (relating to confiscation and impoundment of vehicles).

 (b) Enforcement proceedings. The Enforcement Department or trial counsel will initiate an enforcement proceeding as provided in § 1005.11 (relating to formal complaints generally) against the regulated party or owner or the impounded property, if other than a regulated party, related to an impoundment made under this section and the act.

 (c) Notice of impoundment. The Authority will issue a notice of impoundment to the registered owner of the vehicle and registered lienholder of the vehicle or medallion, or both, if any, as provided in section 5714 (g)(2)(ii) of the act.

 (d) Recovery of impounded property. Except as provided in subsection (g), the owner or lienholder of the property impounded as provided in this section may recover the impounded property by paying all penalties, fines and costs required under section 5714 (g)(1) of the act.

 (e) Public auction. If the owner or lienholder fails to recover the impounded property within 45 days as provided in section 5714 (g)(1) of the act, that property may be sold at public auction as provided in section 5714(g)(2)(i) of the act.

 (f) Return of funds. If the enforcement proceeding initiated as provided in subsection (b) results in a determination that the respondent was not liable for the violations referenced in the complaint and that the grounds for the impoundment were unsubstantiated, the costs of towing and impoundment paid by the respondent as provided in subsection (d) will be refunded.

 (g) Stay of auction. Upon motion of the respondent or a registered owner or a registered lienholder as an intervening party as permitted under § 1005.31 (relating to initiation of intervention), the presiding officer may enter an order staying the public auction of the impounded property for such period as the presiding officer deems just. Costs of impoundment will continue to accrue during the period of any stay imposed through this subsection.

 (h) Emergency hold on impounded property.

 (1) To advance the interests of the act or to protect the public good, the Enforcement Department or trial counsel may motion the presiding officer to stay the return of property impounded as provided in this section through the conclusion of the enforcement proceeding, although requirements for recovery as provided in subsection (d) have been met.

 (2) The presiding officer will issue a decision in support of the determination required under this section.

 (3) The decision of the presiding officer issued as provided in paragraph (2) will constitute a recommended decision and will be reviewed by the Authority as provided in §§ 1005.211—1005.215 (relating to exceptions to recommended decisions).

 (4) If the release of impounded property is stayed, the enforcement proceedings will be conducted on an expedited basis.

Subchapter F. TAXICAB LEASES

Sec.

1017.61.	Control of vehicle.
1017.62.	Taxicab leases.
1017.63.	Wages, maximum lease amounts and uniform rates.
1017.64.	Receipts.

§ 1017.61. Control of vehicle.

 Each certificate holder shall supervise the use of its taxicabs to assure that each taxicab is operated in compliance with the act, this part or an order of the Authority.

§ 1017.62. Taxicab leases.

 (a) Lessees.

 (1) A taxicab may be leased to a taxicab driver.

 (2) A taxicab may not be subject to a sublease agreement.

 (b) Transfer of obligations. A certificate holder may not transfer or assign any obligation related to the condition or operation of a taxicab to any other party, including a taxicab driver, except as provided for in § 1011.6 (relating to fleet program).

 (c) Basic components of a lease. A taxicab lease must be in writing and contain information required by the Authority, including the following:

 (1) The name, address, and telephone contact information for each party.

 (2) The certificate number or medallion number, or both, subject to the lease.

 (3) The term of the lease.

 (4) The monetary consideration for the lease, in United States Dollars, in an amount consistent with § 1017.63 (relating to wages, maximum lease amounts and uniform rates.)

 (5) Other consideration to be paid by a taxicab driver if different from that set forth in paragraph (4).

 (6) Specification of any service limitation of the taxicab in a city of the first class, including those related to partial-rights taxicabs.

 (7) Written confirmation that a lease may be ended by either party only upon 10 days notice.

 (8) The original dated and witnessed signature of the certificate holder and the taxicab driver.

 (9) The following provisions:

''The parties to this lease agree to adhere to the taxicab and limousine regulations of the Philadelphia Parking Authority found at 52 Pa. Code Part II.''

''The parties to this lease agree that the obligations of the certificate holder to maintain the taxicab and its taxicab service related equipment may not be assigned through this lease.''

''Either party to this lease may report violations of the taxicab and limousine regulations of the Philadelphia Parking Authority to the TLD's Enforcement Department by calling 215-683-9471 or appearing personally at TLD Headquarters.''

 (10) The driver's certificate number and the expiration date then appearing on the driver's certificate.

 (d) Copies of lease. A copy of a taxicab lease agreement shall be provided to the taxicab driver and a second copy must be in the taxicab for review by the Authority, the PUC or law enforcement upon demand.

 (e) Retention of lease. The certificate holder shall retain copies of each taxicab lease as provided in § 1011.11 (relating to record retention).

§ 1017.63. Wages, maximum lease amounts and uniform rates.

 (a) Upon investigation, the Authority will establish, by order, a uniform rate for taxicab service within Philadelphia.

 (b) Upon investigation, the Authority will establish, by order, a prevailing minimum wage rate for taxicab drivers and a maximum taxicab lease amount.

 (c) Upon investigation, the Authority may establish, by order, prevailing employee benefits for taxicab drivers, in addition to a minimum wage.

 (d) Orders issued under this section will be served upon certificate holders as provided in § 1001.51 (relating to service by Authority) and will be available on the Authority's web site at www.philapark.org/tld.

§ 1017.64. Receipts.

 (a) A taxicab certificate holder shall provide to each of its taxicab drivers a three part form receipt book to note any payment received for taxicab service in the event the meter does not provide a receipt as provided in § 1017.24 (relating to meter activation and display). Each receipt must provide information substantially similar to that required by § 1017.24 and identify the taxicab certificate holder's name and contact information, including address and telephone number.

 (b) The form receipts are for use only if the taxicab meter fails to provide legible receipts.

 (c) The taxicab driver shall provide a copy of each receipt to the taxicab certificate holder.

 (d) The Authority may design and require the use of standardized receipts.

CHAPTER 1019. DISPATCHERS

Sec.

1019.1.	Purpose and prohibition.
1019.2.	Ineligible persons for dispatcher service.
1019.3.	Dispatcher application.
1019.4.	Application changes.
1019.5.	Facility inspection.
1019.6.	Review of dispatcher application.
1019.7.	Name, colors and markings review.
1019.8.	Dispatcher requirements.
1019.9.	List of affiliated taxicabs.
1019.10.	Dispatcher rates.
1019.11.	Disclosure of conflicts.
1019.12.	Bond required.
1019.13.	Maximum number of dispatcher certificates.
1019.14.	Minimum number of taxicab affiliations.
1019.15.	Dispatcher records.

§ 1019.1. Purpose and prohibition.

 (a) This chapter establishes and prescribes Authority regulations and procedures for the certification and operation of dispatching services in Philadelphia under sections 5711(c)(6) and 5721 of the act (relating to power of the authority to issue certificates of public convenience; and centralized dispatcher).

 (b) A person may not provide dispatching services in Philadelphia without a certificate issued by the Authority as provided in this chapter.

§ 1019.2. Ineligible persons for dispatcher service.

 An applicant is ineligible to be a dispatcher under the following circumstances:

 (1) If the applicant, a person with a controlling interest in the applicant or a key employee is ineligible to own Authority issued rights as provided in § 1011.5 (relating to ineligibility due to conviction or arrest).

 (2) The applicant is incapable of providing dispatching services through persons or communication devices that speak, read and write the English language sufficiently to clearly communicate with the public and respond to Authority investigations and comply with reporting requirements of the Authority's regulations.

 (3) The applicant, a person with a controlling interest in the applicant or a key employee knowingly makes a false statement on a dispatcher application.

 (4) The applicant, a person with a controlling interest in the applicant or a key employee is in violation of § 1011.7 (relating to payment of outstanding fines, fees, penalties and taxes).

 (5) The applicant or any person having a controlling interest over the applicant is 20 years of age or younger.

§ 1019.3. Dispatcher application.

 (a) General. To obtain a dispatcher's certificate a person shall complete and file a Form No. DSP-1 ''Dispatcher 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 DSP-1 may be obtained on the Authority's web site at www.philapark.org/tld.

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

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

 (2) An identification of the applicant as an individual or a person as provided in § 1001.10 (relating to definitions).

 (3) If the applicant is not an individual, the following must be included:

 (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 Corporation Bureau.

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

 (iv) The trade name, if any, of the applicant and a copy of the trade name registration certificate, if applicable.

 (4) The mailing address and physical address of the applicant, if different.

 (5) A list of all Authority or PUC certificates or other rights in which the applicant or any person with a controlling influence in the applicant has any controlling interest, including taxicab medallions.

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

 (7) A complete certified criminal history report as provided in § 1001.10, including any jurisdiction in which the following individuals have lived during the last 5 years:

 (i) An individual applicant.

 (ii) Any person with a controlling interest in the applicant.

 (iii) Each key employee.

 (8) A written statement verified as provided in § 1001.36 (relating to verification and affidavit), which provides that:

 (i) The applicant, each person with a controlling interest in the applicant and each key employee have not been subject to a conviction as provided in § 1011.2 (relating to definitions).

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

 (iii) The applicant, each person with a controlling interest in 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 of § 1019.8 (relating to dispatcher requirements).

 (9) A copy of the applicant's business plan.

 (10) A completed original of Form No. DSP-3 ''Business Experience Questionnaire.'' A copy of the DSP-3 may be obtained on the Authority's web site at www.philapark. org/tld.

 (11) The Federal Tax Identification number of the applicant.

 (12) The Philadelphia Business Privilege License numbers issued to the applicant.

 (c) At the time a DSP-1 is filed, an applicant for a dispatcher's certificate shall also file a DSP-2 ''Dispatcher Colors and Markings Change/Application'' as provided in § 1019.7 (relating to names, colors and markings review).

§ 1019.4. Application changes.

 An applicant for a dispatcher certificate shall immediately notify the Authority in writing of any changes that affect the accuracy of the information in the application while the application is under review by the Authority.

§ 1019.5. Facility inspection.

 (a) An applicant for a dispatcher's certificate shall make its proposed operating locations available for inspection by the Enforcement Department as part of the application process and throughout the term of its status as a dispatcher. A facility inspection may be conducted without prior notice.

 (b) Dispatchers shall provide all dispatching services from facilities located in Philadelphia.

§ 1019.6. Review of dispatcher application.

 (a) An application for a dispatcher's certificate will be denied by the Authority if the dispatcher is unable to meet the requirements of this chapter, including § 1019.8 (relating to dispatcher requirements).

 (b) An application for a dispatcher's certificate will be granted if the applicant complies with this subchapter and the Authority finds that the applicant is capable of providing dependable service according to the act, this part and orders of the Authority.

§ 1019.7. Name, colors and markings review.

 (a) To change or establish any name, colors or markings, a dispatcher shall file a DSP-2 ''Dispatcher Colors and Markings Change/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 DSP-2 may be obtained on the Authority's web site at www.philapark.org/tld.

 (b) The Authority will not approve a DSP-2 application if it determines that the requested name or colors and markings are similar to those of an existing dispatcher.

 (c) Upon approval of a DSP-2 application, the dispatcher shall have the exclusive right to use the approved name, colors and markings, provided the certificate has not expired or been cancelled.

 (d) Each dispatcher shall use only a single name, colors and marking scheme for all the medallion taxicabs it dispatches.

 (e) Each dispatcher shall use a distinctive name, colors and marking scheme for partial-rights taxicabs it dispatches as provided in § 1017.11(b) (relating to distinctive colors and markings).

 (f) A dispatcher may not change an approved name, colors and markings scheme without advance approval of the Authority as provided in this section.

 (g) The colors and markings of a dispatcher must be consistent with the requirements of Chapter 1017 (relating to vehicle and equipment requirements).

§ 1019.8. Dispatcher requirements.

 A dispatcher shall continually maintain standards and equipment capable of providing prompt and adequate service to the public, including the following:

 (1) Control a radio frequency signal of sufficient strength to transmit and receive real time verbal communication and data throughout Philadelphia.

 (2) Respond to customer calls 24 hours a day.

 (3) Have taxicabs available for dispatch 24-hour, 7 days-a-week.

 (4) Dispatch taxicabs with current Authority rights to provide the service requested.

 (5) Obtain the Authority's confirmation, which may be provided by the Authority through email, of a taxicab's good standing before commencing to provide it with dispatching service.

 (6) Have at least one display advertisement in a telephone book with citywide circulation in Philadelphia and a web site which displays all of the information necessary to order a taxicab through the dispatcher.

 (7) Have a minimum of four coordinated telephone lines to receive incoming calls for service from the public.

 (8) Operate and maintain a taxicab meter system approved by the Authority as provided in § 1017.23 (relating to approved meters), including computer hardware and software, means of communication between the dispatcher and each taxicab meter and the Authority.

 (9) Answer customer questions about rates and services provided within 12 hours.

 (10) Answer customer questions or complaints about service in writing and within 5 days of receipt of the complaint.

 (11) Maintain records as provided in § 1019.15 (relating to dispatcher records).

 (12) A dispatcher may not discriminate against nor allow its affiliated drivers to discriminate against any member of the public and may not refuse service to any section of Philadelphia. Partial-rights taxicabs may only be dispatched to provide service consistent with the certificate holder's rights.

 (13) A dispatcher must be able to receive and respond to emergency or distress alerts received from taxicab drivers 24-hour, 7 days-a-week.

 (14) In addition to the requirements of the act, this part or an order of the Authority, a dispatcher may institute rules of conduct for drivers and certificate holders associated with the dispatcher.

 (15) A dispatcher shall report violations of the act, this part or an order of the Authority committed by a driver or certificate holder associated with the dispatcher to the Authority immediately.

§ 1019.9. List of affiliated taxicabs.

 A dispatcher shall file a complete Form No. DSP-4 ''Dispatcher Affiliated Taxicabs'' with the Authority on the first business day of each week noting the taxicab numbers and certificate holders associated with the dispatcher at that time. A Form No. DSP-4 may be obtained at www.philapark.org/tld. If a taxicab is added or removed from a dispatcher's customer list, the dispatcher shall report the change within 24 hours to the Authority by email.

§ 1019.10. Dispatcher rates.

 (a) A dispatcher may not provide service to taxicabs unless it has filed a Form No. DSP-5 ''Dispatcher Rates'' with the Authority establishing the rates schedule charged for the dispatcher's services. Only the rates identified in DSP-5 filing may be charged by the dispatcher, or any agent or employee of a dispatcher. The DSP-5 may be obtained at www.philapark.org/tld.

 (b) A dispatcher may amend its DSP-5 filing at any time, with an effective date 30 days from the date of filing.

 (c) A dispatcher shall provide a copy of its DSP-5 to each of its associated drivers and certificate holders.

 (d) Under section 5721 of the act (relating to centralized dispatcher), the Authority may deny the filing of a DSP-5 if it determines that the suggested rates are unreasonable.

§ 1019.11. Disclosure of conflicts.

 (a) A dispatcher shall disclose, through the filing of the DSP-4, any dispatching services that may be provided to taxicabs owned or operated by the dispatcher, a person with a controlling interest in the dispatcher, key employee or immediate family members of the dispatcher.

 (b) For the purposes of this section, ''immediate family members'' means the spouse or domestic partner, parent, grandparent, great-grandparent, great-great grandparent, children, siblings (including ''half'' and step-siblings), uncles/aunts, grand uncles/aunts, grandchildren, nephews/nieces, first cousins, great-grandchildren and grand nephews/nieces of the dispatcher.

§ 1019.12. Bond required.

 (a) Within 30 days of receipt of the Authority's email notification of its intention to grant an applicant's DSP-1 application, the applicant shall file a bond or irrevocable letter of credit consistent with this section with the Authority.

 (b) A dispatcher may not provide dispatching services unless the bond or irrevocable letter of credit required by this section has been filed and accepted by the Authority and the requirements of § 1003.51(e) (relating to applications generally) have been satisfied.

 (c) A dispatcher's bond or irrevocable letter of credit shall be issued in an amount of at least $50,000 and upon terms and in a form as will insure the dispatcher's adherence to the law, the Authority's regulations and orders and the interests of the dispatcher's clients, including payment of all fines, fees and penalties incurred by the dispatcher.

§ 1019.13. Maximum number of dispatcher certificates.

 The number of dispatcher certificates in Philadelphia may not exceed 12.

§ 1019.14. Minimum number of taxicab affiliations.

 (a) A dispatcher shall remain affiliated with at least 20 active taxicabs for dispatching services with each taxicab displaying the name, colors and markings of the dispatcher approved as provided in this subchapter.

 (b) If a dispatcher fails to maintain the minimum number of affiliated taxicabs the Enforcement Department or trial counsel will provide 30 days notice of its intention to initiate an enforcement proceeding through a formal complaint as provided in § 1005.11 (relating to formal complaints generally) to cancel the dispatching certificate.

 (c) Upon notice of planned enforcement proceedings as provided in subsection (b), the dispatcher will be permitted to initiate a certificate transfer as provided in Chapter 1027 (relating to sale of rights) or come into compliance with subsection (a).

 (d) If a dispatcher and proposed buyer of the certificate initiate a certificate transfer within 30 days of the notice provided under subsection (b), the enforcement proceedings may be stayed unless the Enforcement Department or trial counsel determine that a transfer of the certificate is not likely to occur within 6 months of the date the transfer application was filed.

 (e) If a dispatcher comes into compliance with subsection (a) within 30 days of the notice provided under subsection (b), the dispatcher shall provide notice of that status to the Enforcement Department or trial counsel, and if proven the matter will be closed.

§ 1019.15. Dispatcher records.

 A dispatcher shall maintain records related to its affiliated certificate holders, its customers, the calls or scheduling for service it receives and the dispatches it makes as provided in § 1011.11 (relating to record retention).

CHAPTER 1021. TAXICAB DRIVERS

Sec.

1021.1.	Purpose and scope.
1021.2.	Certification required.
1021.3.	Maximum number of taxicab driver's certificates.
1021.4.	Ineligible persons for taxicab driver certificate.
1021.5.	Standards for obtaining a taxicab driver's certificate.
1021.6.	Application changes.
1021.7.	Taxicab driver training scheduled.
1021.8.	Certain training subjects.
1021.9.	Taxicab driver test.
1021.10.	Expiration and renewal of certificate.
1021.11.	Driver requirements.
1021.12.	Additional requirements.
1021.13.	Taxicab driver's certificate upon cancellation.
1021.14.	General taxicab driver reports.
1021.15.	Taxicab driver reports after accident.
1021.16.	Service issues regarding people with disabilities.
1021.17.	Partial-rights taxicab driver log.

§ 1021.1. Purpose and scope.

 (a) This chapter establishes minimum qualifications for taxicab drivers.

 (b) A certificate holder may impose more stringent standards in the selection of its taxicab drivers.

§ 1021.2. Certification required.

 (a) Only a taxicab driver may provide taxicab service.

 (b) A taxicab driver shall carry and display an original taxicab driver's certificate on the protective shield of the taxicab on the driver's side with the front of the certificate (picture) facing the rear seat at all times.

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

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

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

§ 1021.3. Maximum number of taxicab driver's certificates.

 (a) Maximum number established. Except as provided in subsection (c) or when necessary in the public interest, the Authority will issue no more than 3,000 taxicab driver's certificates.

 (b) Taxicab driver certification suspended.

 (1) The Authority will not issue new taxicab driver's certificates, except as provided in paragraph (2).

 (2) Upon the conclusion of the driver designation period as provided in subsection (c), the Authority will accept applications for new taxicab driver's certificates as provided in § 1021.5 (relating to standards for obtaining a taxicab driver's certificate) only when the number of taxicab drivers is below 3,000.

 (c) Driver designation.

 (1) Beginning on ______ , (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.) driver certification rights previously issued by the Authority under section 5706 of the act (relating to driver certification program) shall be designated by the driver as either a taxicab driver's certificate or limousine driver's certificate at the time those rights are scheduled for renewal as provided in § 1011.3 (relating to annual rights renewal process).

 (2) Provided that all other terms of renewal are met, the TLD will renew the driver's certificate only for the rights selected by the renewing driver as provided in paragraph (1), without consideration of the limitations of subsection (a).

 (d) Dual driver authority.

 (1) This section does not prohibit a taxicab driver from obtaining a limousine driver certificate as provided in Subpart C (relating to limousines).

 (2) This section does not prohibit a limousine driver from obtaining a taxicab driver certificate as provided in this chapter within the limitations of subsection (a).

§ 1021.4. Ineligible persons for taxicab driver certificate.

 In addition to other prohibitions provided in this part, an applicant for a taxicab driver's certificate shall be automatically ineligible under the following circumstances:

 (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 satisfactorily complete taxicab driver training and testing as prescribed by this chapter.

 (4) The applicant is unable to provide information required by 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.

§ 1021.5. Standards for obtaining a taxicab driver's certificate.

 (a) General. Except as limited under § 1021.3 (relating to maximum number of taxicab driver's certificates), to obtain a taxicab driver's certificate an individual shall complete and file with the Director a Form DR-1 ''Driver 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 DR-1 may be obtained on the Authority's web site at www.philapark.org/tld, and be completed in person before TLD staff.

 (b) DR-1 application. The completed DR-1 must be verified as provided in § 1001.36 (relating to verification and affidavit) and include the information required by the Authority, including 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 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) Authorization for release of the applicant's criminal history report from the State Police to the Authority.

 (6) A certified copy of the applicant's criminal history report for each jurisdiction other than this Commonwealth in which the applicant resided during the 5 years immediately preceding the filing of the application. Each criminal history record shall be certified within 30 days of the filing of the application.

 (7) Authorization for the release of the applicant's driver history report from the Department of Transportation to the Authority.

 (8) A certified copy of the driver history report from each jurisdiction, other than this Commonwealth, in which the applicant was licensed during the 5 years immediately preceding the filing of the application. Each driver history report shall be certified within 30 days of the filing of the application.

 (9) Submit a 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 applicants who possess 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).

 (10) A list of all Authority or PUC certificates or other rights in which the applicant has any controlling interest, including taxicab medallions.

 (11) 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 § 1011.2 (relating to definitions).

 (ii) The applicant is in compliance with § 1011.7 (relating to payment of outstanding fines, fees, penalties and taxes).

 (iii) The applicant is current on all reports due in relation to other rights issued by the Authority.

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

§ 1021.6. Application changes.

 (a) An applicant for a taxicab driver's certificate shall immediately notify the Authority in writing of any changes that affect the accuracy of the information in the application while the application is under review by the Authority.

 (b) False information provided by an applicant for a taxicab driver's certificate will result in the denial of the application or cancellation of the driver's certificate if issued prior to discovery of the false information.

§ 1021.7. Taxicab driver training scheduled.

 (a) Upon submission of a DR-1 application as provided in this chapter, the applicant will be scheduled by the Authority to attend an in-class training program.

 (b) An applicant will not be scheduled for training as provided in subsection (a) if the application documents present information that clearly renders the applicant illegible to be a taxicab driver. For example, an applicant who does not possess a valid driver's license will not be scheduled for training.

 (c) The Authority, or its authorized agent, will conduct the training.

§ 1021.8. Certain training subjects.

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

 (b) Basic training issues. Taxicab driver training will consist of a minimum of 18 hours of in-class instruction and will be developed to address all areas of the act, this part and orders of the Authority. The dress code applicable to taxicab drivers applies to applicants during training. Training will address issues provided for in subsection (a), including the following subjects:

 (1) Authority regulations governing taxicab drivers.

 (2) Authority regulations governing taxicab certificate holders.

 (3) Authority regulations governing equipment.

 (4) Penalties for violation of Authority regulations.

 (5) An overview of the administrative process related to violations.

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

 (7) Customer service issues, including the following:

 (i) Personal appearance of drivers.

 (ii) Driver courtesy and hygiene.

 (iii) Assistance to elderly and people with disabilities.

 (8) 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.

 (9) 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.

 (c) The applicant will be tested under § 1021.9 (relating to taxicab driver test) on the final day of training.

§ 1021.9. Taxicab driver test.

 (a) The Authority will develop a test to assure that applicants for taxicab driver's certificates understand the information presented during training as provided in § 1021.8 (relating to certain training subjects).

 (b) The test will be administered in the English language. The assistance of interpreters will not be permitted.

 (c) Except as limited by this chapter, the test may be administered in a manner and in a form deemed appropriate by the Authority. The test may include:

 (1) Questions requiring a written response.

 (2) Multiple choice questions.

 (3) Oral questions.

 (4) The demonstration of an ability to operate a motor vehicle and use taxicab related equipment.

 (5) The demonstration of an ability to read, write and speak the English language as required by this part.

 (d) Failure to pass the test required by this section after three attempts will render the application void.

 (e) Failure to pass the test required by this section within 90 days of filing the DR-1 application as provided in § 1021.5 (relating to standards for obtaining a taxicab driver's certificate) will render the application void.

 (f) Upon the denial or voiding of a DR-1 as provided in this chapter an applicant may not reapply for registration for 6 months.

§ 1021.10. Expiration and renewal of certificate.

 (a) A taxicab driver's certificate expires 1 year from the date of issuance and shall be renewed annually as provided in § 1011.3 (relating to annual rights renewal process).

 (b) A taxicab driver in good standing is not required to repeat driver training at the time of certificate renewal.

 (c) A suspended taxicab driver's certificate shall be renewed on schedule as provided in § 1011.3 and the suspended taxicab driver must submit to retraining and testing if required in the suspension order.

 (d) The Authority will not renew a taxicab driver's certificate that fails to meet the minimum service requirements of § 1021.12 (relating to additional requirements).

 (e) An individual with a taxicab driver's certificate that has been expired for more than 1 year shall attend taxicab driver training and pass the taxicab driver test provided in this chapter before providing service.

§ 1021.11. Driver requirements.

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

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

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

 (ii) The appropriate name, colors and markings scheme is affixed to the taxicab.

 (iii) The taxicab's tires are full size and the treads are not worn below the level permitted under § 1017.5(b)(9) (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 taxicab to make certain that the vehicle is clean and otherwise in compliance with this subpart.

 (4) Operation of the heater and air conditioner to confirm the taxicab's ability to maintain the air temperature required under § 1017.5(b)(19).

 (5) An inspection of the taxicab meter to assure it has been approved for use by the Authority, is sealed as provided in § 1017.21(b)(3) (relating to taxicab meters) and is in proper working order at all times. Unsealed or improperly sealed meters and malfunctioning meters shall be reported to the Enforcement Department immediately.

 (b) Presentation and appearance. A taxicab driver is responsible for providing clean, safe and courteous taxicab service, including the following:

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

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

 (3) Wearing open toed shoes; sandals or bare feet are prohibited while operating a taxicab.

 (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 taxicab 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 any music or electronic noise such as a radio, except that the communications radio required under § 1017.5(b)(3) must remain on and at a reasonable volume at all times.

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

 (8) Making certain that the taxicab complies with the temperature requirements of § 1017.5(b)(19).

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

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

 (11) Immediately reporting any possessions of passengers left behind in a taxicab after service to the Manger of Enforcement and the taxicab's dispatcher and then deliver the possessions to TLD Headquarters.

 (c) Permitted fares. A taxicab driver may not charge fares other than those approved by the Authority as provided in § 1017.63 (relating to wages, maximum lease amounts and uniform rates).

 (d) Gratuities or payment method.

 (1) A taxicab driver may not insist upon the payment of a gratuity by a passenger.

 (2) A taxicab driver may not insist upon or express a preference for fare payment method. For example, a taxicab driver may not demand payment in cash as opposed to credit card, nor may a taxicab driver suggest that the passenger be driven to a bank or automatic teller machine to secure cash to pay the fare as opposed to use of a credit card or other cashless payment option.

 (3) A taxicab driver may not ask a potential customer for fare payment method information in advance of providing taxicab service.

 (4) A taxicab driver shall accept payment by credit card and debit card and other cashless payment options identified by the Authority.

 (e) Lease or employment documents. A taxicab driver is responsible for maintaining a copy of the lease agreement, employment contract and employee identification card in the taxicab at all times.

 (f) Direct route. Unless directed otherwise by a fare-paying customer, a taxicab driver shall select and use the most direct route consistent with prevailing road and traffic conditions from the point of pick-up to the passenger's point of destination.

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

 (h) Driver history report. A driver history report that evidences a violation or series of violations which relate to dangerous driving activities may form the basis for a denial of a taxicab driver's certificate application, a denial of the annual renewal as provided by § 1011.3 (relating to annual rights renewal process), or a formal complaint to suspend or cancel the taxicab driver's certificate.

 (i) Meter operation. The meter must be in operation during the entire time the taxicab is engaged by a passenger, and the passenger shall be required to pay only the amount recorded by the meter, except that, when back-mileage or surcharge provisions of the tariff of the certificate holder apply, the back-mileage charge or surcharge shall be added to the amount recorded by the meter. Each meter charge shall be collected only once regardless of whether the taxicab is being used in exclusive service or in nonexclusive service.

§ 1021.12. Additional requirements.

 (a) Each taxicab driver shall know the rights and limitations of any taxicab used to provide taxicab service, including the geographical limitation of partial-rights taxicabs, if applicable.

 (b) Each taxicab driver shall provide a weekly average of at least 24 hours of taxicab service for each year the taxicab driver's certificate is issued and a minimum aggregate number of 1,248 hours of taxicab service each year.

 (c) A taxicab driver may not provide taxicab service with an expired taxicab driver's certificate.

 (d) A taxicab driver may not provide taxicab service without a valid driver's license.

 (e) Whenever a taxicab is occupied by a fare-paying passenger or by members of a party of fare-paying passengers who have engaged the taxicab on an exclusive basis, the taxicab driver may not permit another person to occupy or ride in the taxicab, unless the consent of the party then occupying the taxicab is obtained.

 (f) No requirement of this subpart, or any Authority regulation, may be interpreted to disrupt or interfere with interstate commerce exclusively regulated by or preempted by the government of the United States, including commerce addressed by the Real Interstate Drivers Equity Act of 2002 (49 U.S.C.A. §§ 13102 and 14501).

§ 1021.13. Taxicab driver's certificate upon cancellation.

 (a) A cancelled taxicab driver's certificate may not be reinstated.

 (b) An individual subject to cancellation of a taxicab driver's certificate may not apply to the Authority for a new driver's certificate, including a limousine driver's certificate as provided in § 1057.14 (relating to limousine driver's certificate upon cancellation), for 2 years from the date the cancellation was entered. If the individual subject to cancellation also holds a limousine driver's certificate, that driver's certificate will be cancelled with the taxicab driver's certificate.

 (c) The circumstances related to the cancellation of a taxicab driver's certificate will be considered by the Authority when reviewing any subsequent application submitted by that individual.

§ 1021.14. General taxicab driver reports.

 A taxicab driver shall make timely written reports to the Authority as required by the act, this part or an order of the Authority, including the following reports which must be made to the Manager of Administration:

 (1) Invalidation of a driver's license for any reason must be reported with 48 hours.

 (2) A change of address must be reported within 15 days.

 (3) A change of name must be reported to the Authority within 15 days of occurrence or if a court proceeding is required, within 15 days of the court filing.

§ 1021.15. Taxicab driver reports after accident.

 A taxicab driver who is involved in an accident while driving a taxicab that results in property damage, personal injury or death shall do the following:

 (1) Stop immediately.

 (2) Take necessary precautions to prevent further accidents at the scene.

 (3) Render reasonable assistance to injured persons. Movement of injured persons by a taxicab driver should not be undertaken if likely to cause further injury.

 (4) Provide driver's license, registration, insurance, and other information required by law of the Commonwealth, and the name of the taxicab's certificate holder.

 (5) Report the details of the accident as soon as practicable as follows to:

 (i) The police if required under 75 Pa.C.S. § 3746 (relating immediate notice of accident to police department).

 (ii) The certificate holder.

 (iii) The Manager of Enforcement if required under § 1017.37 (relating to inspection subsequent to vehicular accident or damage).

§ 1021.16. Service issues regarding people with disabilities.

 If on-duty and not already transporting a passenger, a taxicab driver shall stop the taxicab when hailed by a person with a disability. The driver shall determine if the services requested by the person can be reasonably accommodated by the vehicle and adhere to the following procedure:

 (1) If the service request can be reasonably accommodated, the driver shall provide the service.

 (2) If the service request cannot be reasonably accommodated, the driver shall call a dispatcher immediately to arrange for service by the closest taxicab available that can accommodate the person's request.

§ 1021.17. Partial-rights taxicab driver log.

 (a) A taxicab driver providing service in a partial-rights taxicab shall maintain a service log identifying all taxicab service provided during each shift.

 (b) The partial-rights taxicab service log must identify the following information:

 (1) The date of service.

 (2) The taxicab driver's name and driver's certificate number.

 (3) The taxicab number, the certificate holder and the dispatcher.

 (4) The times and places of origin and destination of each trip including the odometer or meter mileage at the origin and destination of each passenger trip. Origin and destination places shall contain a street name and address or, if unavailable, an identifiable landmark.

 (5) A designation indicating whether a trip resulted from a hail or through the dispatcher.

 (6) The fare paid for the trip.

 (7) The amount of any gratuity paid to the taxicab driver.

 (8) The number of passengers on each trip, indicating separately each fare collected from each passenger or party of passengers sharing the ride.

 (9) Each trip on which packages were delivered and the charge for the trip.

 (10) The signature of the driver attesting to the accuracy of the data recorded.

 (11) Other information as may be required by this subpart.

 (c) A partial-rights taxicab driver shall completely enter the information required by the log immediately upon the conclusion of each taxicab service trip.

 (d) The taxicab log required under this section shall be maintained in the taxicab until the driver's shift has ended and be presented to an inspector at anytime upon demand.

 (e) Upon the conclusion of a partial-rights taxicab driver's shift, the taxicab log shall be delivered to the certificate holder and maintained by the certificate holder as provided in § 1011.11 (relating to record retention).

 (f) The Authority may require the use of a specific trip sheet form and will make the required form available on its web site at www.philapark.org/tld.

[Continued on next Web Page]

---

No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.

---