[41 Pa.B. 435]
[Saturday, January 15, 2011]
[Continued from previous Web Page]
CHAPTER 1055. VEHICLES AND EQUIPMENT REQUIREMENTS Subchap.
A. GENERAL PROVISIONS B. LIMOUSINE INSPECTIONS C. IMPOUNDMENT OF VEHICLES AND EQUIPMENT
Subchapter A. GENERAL PROVISIONS Sec.
1055.1. Purpose. 1055.2. Limousine rights sticker. 1055.3. Limousine age and mileage parameters. 1055.4. Basic vehicle standards. 1055.5. Required documents. 1055.6. Transportation of blind or deaf persons with dog guides. § 1055.1. Purpose.
(a) This chapter establishes and prescribes Authority regulations and procedures related to the condition, type, and inspection of limousines and equipment used to provide limousine 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 § 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, which will include all of the components of a state inspection, except that emissions testing will not occur. 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 all 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).
§ 1055.2. Limousine rights sticker.
(a) A vehicle may not perform limousine service without a valid limousine rights sticker as provided in § 1055.1 (relating to purpose). Limousine rights stickers shall be attached using the adhesive backing supplied with the sticker and may not be taped to the windshield or transferred between vehicles.
(b) The Authority may design limousine rights stickers to identify the class of limousine service authorized under Chapter 1053 (relating to standard classifications of limousine service).
§ 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. A model year begins on the first day of each October. For example, a limousine with a model year of 2008 would be 4 years old on October 1, 2012.
(b) Age. A vehicle may not provide limousine service if it is more than 8 years old, 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.
(c) Mileage.
(1) A vehicle may not be first introduced for limousine service with a cumulative mileage registered on the odometer of 51,000 miles or more, except that a limousine with a model year age of 5 or less and a cumulative mileage registered on the odometer of less than 75,000 miles may qualify for certification by the Authority contingent upon completion of a compliance inspection.
(2) Except as provided in paragraph (3), 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.
(3) The owner of a vehicle with a model year of 5 or less that is otherwise precluded from continued Philadelphia limousine service under paragraph (2) may continue in service for 1 year upon the successful filing of a waiver petition as provided in § 1005.23 and completion of a compliance inspection. The 1 additional year of service shall run from the date the vehicle reached 350,000 miles or the date the Authority granted the waiver petition, whichever occurred first. The expiration date will be noted in the waiver decision.
(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 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 limousine.
(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.
(f) Penalties. A person determined to have intentionally manipulated or disconnected the odometer of a limousine with the intent of reducing or limiting the cumulative mileage registered on the odometer will be subject to a $1,000 fine and a cancellation of rights issued by the Authority, or both.
§ 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 stated in 67 Pa. Code Chapter 175 (relating to vehicle equipment and inspection) when providing limousine service, except where those standards are exceeded or otherwise altered by this subpart.
(b) Standard limousine vehicle requirements. Each limousine is subject to the following requirements:
(1) A limousine must be registered with the Department of Transportation 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 four full sized tires which continuously meet or exceed the applicable standards of 67 Pa. Code § 175.80 (relating to vehicle inspection) 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 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) In additions to other posting required by this subpart, a limousine must have posted in the passenger compartment in a place easily observed by passengers information on how to submit a limousine service related complaint to the Authority in both written English and Braille.
(16) The Authority may require the installation of a separate heating and air conditioning system in a large or stretched limousine if necessary to comply with paragraph (12).
(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 such 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 limousine.
(e) Advertising prohibited. The display of advertisements on the exterior or interior of a limousine is prohibited.
(f) 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.
§ 1055.5. Required documents.
A limousine must contain the following documents for review by an inspector upon request:
(1) Proof of current and valid financial responsibility. .
(2) Proof of vehicle registration.
(3) A current trip sheet as provided in § 1057.17 (relating to trip sheet requirements).
§ 1055.6. Transportation of blind or deaf persons with dog guides.
Limousines must transport dogs trained for the purpose of guiding blind or deaf persons when accompanying blind or deaf persons paying a regular fare. The guide dogs must be properly leashed and may not occupy a seat.
Subchapter B. LIMOUSINE INSPECTIONS Sec.
1055.11. Scheduled compliance inspections. 1055.12. Offsite inspections. 1055.13. Failure to appear for scheduled inspection. 1055.14. Field inspections. 1055.15. Failure to submit to field inspection. 1055.16. Reinspection. 1055.17. Removal of vehicle and change of license plate. 1055.18. Attendance at scheduled inspection. 1055.19. Prerequisites to inspection. 1055.20. Approved models and conditions. 1055.21. Reconstructed vehicles prohibited. § 1055.11. Scheduled compliance inspections.
In addition to any other inspections required or permitted under the act, this part or an order of the Authority, up to 25% of each certificate holder's limousines registered with the Authority may be required to submit 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.
§ 1055.12. Offsite inspections.
With the consent of the certificate holder, inspections scheduled under this subsection may be conducted by the Enforcement Department at the certificate holder's facility provided the following conditions are met:
(1) The certificate holder owns and operates at least 50 Authority-certified limousines.
(2) The certificate holder's facility is a licensed Pennsylvania inspection station certified as provided in 75 Pa.C.S. § 4721 (relating to appointment of official inspection stations).
(3) The facility is within 30 miles of the TLD's Headquarters.
(4) The inspection fee for each limousine scheduled for inspection will be double the standard TLD inspection fee as provided in § 1001.43 (relating to Authority fee schedule).
(5) Each vehicle that fails an inspection for a cause that cannot be fully remedied before the end of the Enforcement Department's offsite inspection shall be presented for reinspection at the Authority facility designated by the TLD.
§ 1055.13. Failure to appear for scheduled inspection.
If a limousine fails to appear for an inspection as provided in § 1055.11 (relating to scheduled compliance inspections) or another inspection scheduled by the Authority as provided in the act, this part or an order of 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.
§ 1055.14. Field inspections.
(a) Inspectors may stop and inspect limousines 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 limousine driver to drive the limousine directly to TLD Headquarters for a compliance inspection if the inspector believes that the limousine is not in compliance with this subpart and represents a public safety concern.
§ 1055.15. Failure to submit to field inspection.
(a) Upon instruction by an inspector, a limousine driver shall stop the limousine and permit the inspector to conduct a field inspection of the limousine as provided in § 1055.14 (relating to field inspections).
(b) If a limousine driver fails to permit a full field inspection, the limousine will be placed out of service immediately, as provided in § 1003.32 (relating to out of service designation) or impounded as provided in § 1055.31 (relating to impoundment of vehicles and equipment).
(c) A person determined to have refused the direction of an inspector to submit a limousine to a field inspections will be subject to a $1,000 fine and a cancellation of rights issued by the Authority, or both.
§ 1055.16. Reinspection.
In the event a limousine fails any Authority inspection or is removed from limousine service by the Authority for any reason, the limousine may not resume limousine service until a compliance inspection is successfully completed by the Authority.
§ 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 48 hours of removal.
(b) A certificate holder shall report the change of the Department of Transportation license plate issued to a limousine to the Manager of Administration at TLDAdmin@philapark.org within 48 hours of the license plate change.
§ 1055.18. Attendance at scheduled inspection.
(a) The certificate holder or its attorney-in-fact shall attend each limousine inspection conducted by the Authority, except field inspections as provided in § 1055.14 (relating to field inspections).
(b) The attorney-in-fact shall appear with the original power of attorney, which is in compliance with § 1001.28 (relating to power of attorney).
§ 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 of this subpart:
(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, penalties and taxes).
(c) A limousine determined to be unfit for inspection due to a violation of this section shall be placed out of service as provided in § 1003.32 (relating to out of service designation).
§ 1055.20. Approved models and conditions.
The Authority will publish a list of approved makes and models of vehicles by classification permitted for use as limousines, which will be available at www.philapark.org/tld.
§ 1055.21. Reconstructed vehicles prohibited.
Salvaged or reconstructed vehicles may not provide limousine service.
Subchapter C. IMPOUNDMENT OF VEHICLES AND EQUIPMENT Sec.
1055.31. Impoundment of vehicles and equipment. § 1055.31. Impoundment of vehicles and equipment.
Applicable provisions of §§ 1017.51 and 1017.52 (relating to impoundment of vehicles and equipment) apply to limousines and limousine related equipment determined to be in violation of the act, this part or an order of the Authority.
CHAPTER 1057. LIMOUSINE DRIVERS Sec.
1057.1. Purpose and scope. 1057.2. Certification required. 1057.3. Continuing certificates. 1057.4. Ineligible persons for limousine driver certificate. 1057.5. Standards for obtaining a limousine driver's certificate. 1057.6. Application changes. 1057.7. Limousine driver training. 1057.8. Certain training subjects. 1057.9. Limousine driver test. 1057.10. Expiration and renewal of certificate. 1057.11. Driver requirements. 1057.12. Additional requirements. 1057.13. Interstate commerce regulation. 1057.14. Limousine driver's certificate upon cancellation. 1057.15. General limousine driver reports. 1057.16. Limousine driver reports after accident. 1057.17. Trip sheet requirements. § 1057.1. Purpose and scope.
(a) This chapter establishes minimum qualifications for limousine drivers.
(b) A certificate holder may impose more stringent standards in the selection of its limousine drivers.
§ 1057.2. Certification required.
(a) Only a limousine driver 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.
(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.
§ 1057.3. Continuing certificates.
(a) 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 certified 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 § 1051.3 (relating to annual rights renewal process).
(b) If 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 subsection (a).
(c) This section will not prohibit a limousine driver from obtaining a separate taxicab driver certificate as provided in Subpart B (relating to taxicab drivers).
§ 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 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 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 one continuous year prior to the date of 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 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.
(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) An authorization to release 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) An authorization to release 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 this Commonwealth. 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.
(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 § 1051.2 (relating to definitions).
(ii) The applicant is in compliance with § 1051.6 (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.
§ 1057.6. Application changes.
(a) An applicant for a limousine 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 limousine 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.
§ 1057.7. Limousine driver training.
Limousine driver applicants will be provided with training information for review.
§ 1057.8. Certain training subjects.
(a) Continued training subjects. 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) The applicant shall schedule a time and date for testing under § 1057.9 (relating to limousine driver test) with the Manager of Administration.
§ 1057.9. Limousine driver test.
(a) The Authority will develop a test to assure applicants for a limousine driver's certificate understand the information identified in § 1057.8 (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) Demonstration of an ability to operate a motor vehicle and use limousine related equipment.
(5) 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 the filing of the DR-1 application as provided in § 1057.5 (relating to standards for obtaining a limousine 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.
§ 1057.10. Expiration and renewal of certificate.
(a) A limousine driver's certificate will expire 1 year from the date of issuance and shall be renewed annually as provided in § 1051.3 (relating to annual rights renewal process).
(b) A limousine driver in good standing is not required to repeat driver training at the time of certificate renewal.
(c) A suspended limousine driver's certificate must be renewed on schedule as provided in § 1051.3 and the suspended limousine driver must submit to retraining and testing if required in the suspension order.
(d) The Authority will not renew a limousine driver's certificate that fails to meet the minimum service requirements in § 1057.12 (relating to additional requirements).
§ 1057.11. 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 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 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) 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 of a denial of a limousine driver's certificate application, a denial of the annual renewal as provided § 1051.3 (relating to annual rights renewal process), or a formal complaint to suspend or cancel the limousine driver's certificate.
§ 1057.12. Additional requirements.
(a) Each limousine driver shall know the rights and limitations of any limousine used to provide limousine service, including applicable geographical limitations.
(b) A limousine driver may not provide limousine service with an expired limousine driver's certificate.
(c) A limousine driver may not provide limousine service without a valid driver's license.
§ 1057.13. Interstate commerce regulation.
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.)
§ 1057.14. Limousine driver's certificate upon cancellation.
(a) A cancelled limousine driver's certificate may not be reinstated.
(b) An individual subject to cancellation of a limousine driver's certificate may not apply to the Authority for a new driver's certificate, including a taxicab driver's certificate as provided under § 1021.5 (relating to standards for obtaining a taxicab driver's certificate), for 2 years from the date the cancellation was entered. If the individual subject to cancellation also holds a taxicab 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 limousine driver's certificate will be considered by the Authority when reviewing any subsequent application submitted by that individual.
§ 1057.15. General limousine driver reports.
A limousine driver shall make timely written reports to the Manager of Administration as required under the act, this part or an order of the Authority, including the following:
(1) Invalidation of a driver's license for any reason shall be reported with 48 hours.
(2) A change of address shall be reported within 15 days.
(3) A change of name shall be reported to the Authority within 15 days of occurrence or if a court proceeding is required, within 15 days of the court filing.
§ 1057.16. Limousine driver reports after accident.
A limousine driver is involved in an accident while driving a limousine 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. Moving of injured persons by a limousine driver should not be undertaken if likely to cause further injury.
(4) Provide driver's license, registration, insurance, other information required by Pennsylvania law and the name of the limousine's certificate holder.
(5) Report the details of the accident as soon as practicable as follows:
(i) To the police if required under 75 Pa.C.S. § 3746 (relating immediate notice of accident to police department).
(ii) To the certificate holder.
§ 1057.17. Trip sheet requirements.
(a) A driver of a luxury type vehicle engaged in providing limousine service shall have a trip sheet in the vehicle evidencing that the vehicle is in service. The trip sheet must contain 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 (related record retention).
CHAPTER 1059. APPLICATIONS AND SALE OF RIGHTS Sec.
1059.1. Purpose. 1059.2. Definitions. 1059.3. Applications for limousine rights. 1059.4. Authority approval of sale of rights. 1059.5. Agreement of sale. 1059.6. Application for sale of transferable rights. 1059.7. Required application information. 1059.8. Additional application requirements. 1059.9. Financial fitness generally. 1059.10. Regulatory compliance review. 1059.11. Authority review. 1059.12. Approval process and closing on sale. 1059.13. Settlement sheet. 1059.14. Commencement of service. § 1059.1. Purpose.
This chapter establishes and prescribes Authority regulations and procedures for applications for limousine certificates and sale of certain rights issued by the Authority.
§ 1059.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context indicates otherwise:
Limousine certificate—A certificate granting the owner the right to operate a class of limousine service under this subpart.
Transferable rights—A limousine certificate.
Sale—Any change in ownership of a transferable right, including a change in ownership of securities or other ownership interests in an entity that owns transferable rights.
Transfer fee—The nonrefundable fee charged by the Authority to review an application to sell transferable rights.
§ 1059.3. 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 a Form LM-2 ''Limousine Certificate 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 LM-2 may be obtained on the Authority's web site at www.philapark.org/tld.
(b) The standards of review applicable to LM-2 applications will be the same as those applicable to a proposed buyer of rights as provided in this chapter.
§ 1059.4. 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 any number of securities or other ownership interest in an entity that owns transferable rights will be considered a sale under this chapter.
§ 1059.5. Agreement of sale.
(a) The parties to a proposed sale of transferable rights shall complete an agreement of sale detailing the terms of the transaction, including provisions required by this chapter, and file the agreement with the Director.
(b) An agreement of sale for transferable rights is void by operation of law if not executed by all parties in the presence of the Director or a designee.
§ 1059.6. Application for sale of transferable rights.
(a) Application documents.
(1) To initiate a sale, the owner and proposed buyer shall file an original and one copy of Form No. SA-1 ''Sale Application,'' the agreement of sale or transfer and other documents required by this chapter. The proposed buyer will be considered the applicant. The SA-1 is available at www.philapark.org/tld.
(2) The SA-1 shall be filed in person with the Director.
(3) The Director will refuse to accept an application which is incomplete for any reason.
(4) Upon acceptance, the Director will submit a copy of the application documents to the Clerk and an application docket number will be assigned.
(b) Application signatures.
(1) Both parties to the sale shall execute the SA-1 in the presence of the Director or a designee.
(2) Except for individuals, an original executed and notarized resolution from the buyer and seller authorizing the execution of the sale documents must be included with the filing of the SA-1.
(3) The Authority may permit an SA-1 to be executed by an attorney-in-fact if the owner or proposed buyer are unable to appear and as provided in § 1001.28 (relating to power of attorney), in which case the owner will be required to attend the closing on the sale.
(c) Verification and payment. The SA-1 must be verified under § 1001.36 (relating to verification and affidavit) and be accompanied by payment of the transfer fee as provided in §§ 1001.42 and 1001.43 (relating to mode of payment to the Authority; and Authority fee schedule).
(d) Multiple rights. The SA-1 may be used to sell an unlimited number of transferable rights from one owner to one proposed buyer. The transfer fee required under subsection (c) will be based on the higher of the aggregate value of the sale or the transfer fee per right as provided in the Authority's fee schedule.
(e) Broker. Documents intended for submission to the Director as part of the sale process must be prepared by a broker registered with the Authority as provided in Chapter 1061 (relating to brokers) or an attorney admitted to practice law by the Supreme Court of Pennsylvania.
§ 1059.7. Required application information.
(a) The Form SA-1. The SA-1 is a multipurpose form intended for use in the sale of different transferable rights and must 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 the information required by the Authority, including the following:
(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 non-individual person, a contemporaneous certificate of good standing for the proposed buyer issued by the Corporation Bureau within 30 days of filing the SA-1.
(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 Corporation Bureau, 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 statement of the proposed buyer's corporate purpose, if applicable.
(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 certified criminal history report from any jurisdiction in which the following persons have lived, including part-time residences, 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 § 1051.2 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 section § 1051.6 (relating payment of outstanding fines, fees, penalties and taxes).
(14) The Federal Tax Identification Number for the owner and proposed buyer.
(15) The Philadelphia Business Privilege License numbers issued to the owner and proposed buyer.
§ 1059.8. Additional application requirements.
(a) The agreement of sale. The agreement of sale required under this chapter must include the information required by the Authority, including the following:
(1) All parties to the transaction.
(2) A description of the transaction.
(3) The identification number of each right subject to sale.
(4) The total consideration for the sale and for each right transferred if the sale involves multiple rights in United States dollars, and any payment terms required by the Authority, including the following:
(i) The assumption of any loan or debt.
(ii) Contingencies and nonmonetary consideration.
(iii) Monetary consideration.
(5) An acknowledgement initialed by all parties that the agreement is subject to the laws and jurisdiction of the Commonwealth, the act, this part and orders of the Authority.
(b) Execution of agreement of sale.
(1) The proposed agreement of sale must be signed by all parties before the Director or a designee on or before the date the SA-1 is filed.
(2) The Authority may permit an agreement of sale to be executed by an attorney-in-fact if the owner or proposed buyer are unable to appear and as provided in § 1001.28 (relating to power of attorney).
(c) Loan documents.
(1) Any consideration identified in subsection (a)(4) that is provided to a proposed buyer must be evidenced in the form of written agreements. For example, the loaning of cash money to a proposed buyer by a bank must be confirmed through loan documents executed by the borrowing party.
(2) Documents required by paragraph (1) shall be submitted to the Director at the time the SA-1 is filed, except that specific financial information that cannot be known until on or about the closing date for the sale may be left blank. The final loan documents must be executed at the closing on the sale.
(d) Continuing service. The owner of the rights subject to sale shall confirm that the rights will remain in active service pending review of the application, unless prohibited or authorized for suspension by a provision of this part or an order of the Authority.
(e) Notice.
(1) Notice of applications will be published in the Pennsylvania Bulletin as provided in § 1003.53 (relating to applications requiring notice).
(2) The parties to the sale will receive notices related to the SA-1 as provided in § 1001.51 (relating to service by the Authority).
§ 1059.9. 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 $25,000 or 2% of the medallion sale price in unencumbered and available funds. The funds under review must have been in the bank account for at least 3 months.
(3) The credit report of each of the persons identified in § 1059.7(b)(8) (relating to required application information) evidencing a credit score of at least 600 for each person.
(4) The absence of any outstanding and unappealed civil judgments against each of the parties required to submit a criminal history report under § 1059.7(b)(8).
§ 1059.10. Regulatory compliance review.
(a) An SA-1 will be denied if the proposed buyer has a regulatory compliance record with the Authority or the PUC which evidences a disregard for the public interest.
(b) A proposed buyer that has been subject to the suspension, revocation or cancellation of common carrier rights by the Authority or the PUC during the 1-year period immediately preceding the date the SA-1 was filed with the Authority will be ineligible to purchase rights.
§ 1059.11. Authority review.
(a) Notice of the granting of an application for a limousine certificate or approval of a sale will be published in the Pennsylvania Bulletin.
(b) The SA-1 will be reviewed as provided in § 1003.51 (relating to applications generally).
(c) The SA-1 will be denied if the proposed buyer or any person with a controlling interest in the proposed buyer or a key employee of the proposed buyer is in violation of any provision of this part or if the Authority determines that the sale is not in the public interest. The SA-1 may be denied if the owner is in violation of any provision of this part.
§ 1059.12. 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.
(c) An Authority staff member must 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).
§ 1059.13. Settlement sheet.
(a) The owner and proposed buyer shall use the Form SA-2 ''Standard Settlement Sheet'' at any closing on the sale of rights. The SA-2 is available on the Authority's web site at www.philapark.org/tld.
(b) The SA-2 must include the information required by the Authority, including the following:
(1) The names and addresses of the owner and proposed buyer.
(2) The names and address of the brokers or attorneys used in the transaction.
(3) The name and address of the lender and a designated contact person employed by the lender, if any.
(4) A copy of all certificates or other documents authorizing the lender to make commercial loans in this Commonwealth.
(5) The amount, term and interest rate of any loan used to purchase the rights.
(6) The certificate numbers.
(7) The total consideration for the rights to be sold and any payment terms, including loan contingencies and nonmonetary consideration.
(8) An allocation of funds expended in the transaction.
(9) Fees and costs associated with the sale, including those payable to any broker or attorney, or both.
(10) Signatures of the owner and proposed buyer, or their designated agents, and the brokers.
§ 1059.14. Commencement of service.
A regulated party shall, within 30 days from the date of receipt of a certificate, 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 1061. BROKERS Sec.
1061.1. Broker registration. § 1061.1. Broker registration.
(a) An individual seeking registration as a broker shall apply to the Director as provided in Chapter 1029 (relating to taxicabs).
(b) Any party may use an attorney admitted to practice law before the Supreme Court of Pennsylvania, in lieu of a broker.
CHAPTER 1063. TARIFFS Sec.
1063.1. Definition. 1063.2. Limousine rates and tariffs. § 1063.1. Definition.
The following word, when used in this subchapter, has the following meaning, unless the context clearly indicates otherwise:
Tariff—Schedules of rates, rules, regulations, practices or contracts involving any rate and schedules showing the method of distribution of the facilities of the certificate.
§ 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) Limousine rates shall be based solely on time, and shall be contained in a tariff filed, posted and published as provided in the act and this part. The use of meters is prohibited. The initial time period and each subsequent increment must be at least 30 minutes.
(c) 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 52 Pa. Code Chapter 23 (relating to tariffs for common carriers).
CHAPTER 1065. INSURANCE REQUIRED Sec.
1065.1. Limousine insurance. § 1065.1. Limousine insurance.
(a) Insurance requirements generally. Except as provided in subsection (b), a limousine certificate holder shall comply with the relevant portions of Chapter 1025 (relating to taxicabs), including the filing of Form E and Form K documents.
(b) Limousine insurance required.
(1) A regulated party may not engage in limousine service and the certificate of public convenience will not be issued, or remain in force, except as provided in § 1025.4 (relating to applications to self-insure) until there has been filed with and approved by the Authority a certificate of insurance by an insurer authorized to do business in this Commonwealth, to provide for the payment of valid accident claims against the insured for bodily injury to or the death of a person, or the loss of or damage to property of others resulting from the operation, maintenance or use of a limousine in the insured authorized service.
(2) The liability insurance maintained by a limousine certificate holder shall be in an amount at least $1,500,000 to cover liability for bodily injury, death or property damage incurred in an accident arising from authorized service. The $1,500,000 minimum coverage is split coverage in the amounts of $500,000 bodily injury per person, $900,000 bodily injury per accident and $100,000 property damage per accident. This coverage must include first party medical benefits in the amount of $100,000 and first party wage loss benefits in the amount of $100,000 for passengers and pedestrians. Except as to the required amount of coverage, these benefits must conform to 75 Pa.C.S. §§ 1701—1799.7 (relating to Motor Vehicle Financial Responsibility Law). First party coverage of the limousine driver of limousines must meet the requirements of 75 Pa.C.S. § 1711 (relating to required benefits).
(3) The certificate holder's loss history with a current or former insurer shall be released to the Authority within 2 business days of a request by the Authority. The certificate holder shall authorize any release required by the insurer to facilitate the timely delivery of the loss history to the Authority.
(4) The Authority may direct insurers to file proof of insurance both electronically and in hard copy.
(5) The limits in paragraph (2) do not include the insurance of cargo.
(6) The requirements of § 1025.3 (relating to insurance required) do not apply to limousines.
[Pa.B. Doc. No. 11-105. Filed for public inspection January 14, 2011, 9:00 a.m.]
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