[41 Pa.B. 6499]
[Saturday, December 3, 2011]

[Continued from previous Web Page]

Subchapter D. EVIDENCE AND WITNESSES

EVIDENCE

Sec.

1005.141.	Admissibility of evidence.
1005.142.	Admission of evidence.
1005.143.	Control of receipt of evidence.
1005.144.	Additional evidence.
1005.145.	Effect of pleadings.
1005.146.	Public documents.
1005.147.	Records of other proceedings.
1005.148.	Official and judicial notice of fact.
1005.149.	Copies and form of documentary evidence.

WITNESSES

1005.151.	Oral examination.
1005.152.	Written testimony.
1005.153.	Offers of proof.

SUBPOENAS

1005.161.	Subpoenas.
1005.162.	Depositions.

CLOSE OF THE RECORD

1005.171.

Close of the record.

EVIDENCE

§ 1005.141. Admissibility of evidence.

 (a) In oral and documentary proceedings, neither the Authority nor the presiding officer will be bound by technical rules of evidence, and all relevant evidence of reasonably probative value may be received. Reasonable examination and cross-examination will be permitted at all oral hearings.

 (b) In the discretion of the Authority or presiding officer, evidence may be excluded if:

 (1) It is repetitious or cumulative.

 (2) Its probative value is outweighed by:

 (i) The danger of unfair prejudice.

 (ii) Confusion of the issues.

 (iii) Considerations of undue delay or waste of time.

 (c) Subsections (a) and (b) supersede 1 Pa. Code § 35.161 (relating to form and admissibility of evidence).

§ 1005.142. Admission of evidence.

 (a) The Authority or presiding officer will rule on the admissibility of evidence and otherwise control the reception of evidence so as to confine it to the issues in the proceeding.

 (b) For an exhibit to be received into evidence, it will be marked for identification and moved into evidence.

 (c) Subsections (a) and (b) supersede 1 Pa. Code § 35.162 (relating to reception and ruling on evidence).

§ 1005.143. Control of receipt of evidence.

 (a) The Authority or presiding officer has all necessary authority to control the receipt of evidence, including the following:

 (1) Ruling on the admissibility of evidence.

 (2) Confining the evidence to the issues in the proceeding and impose, when appropriate:

 (i) Limitations on the number of witnesses to be heard.

 (ii) Limitations of time and scope for direct and cross-examinations.

 (iii) Limitations on the production of further evidence.

 (iv) Other necessary limitations.

 (b) The Authority or presiding officer will actively employ these powers to direct and focus the proceedings consistent with due process.

 (c) Subsections (a) and (b) supersede 1 Pa. Code §§ 35.127, 35.162 and 35.163 (relating to limiting number of witnesses; reception and ruling on evidence; and designation of relevant portions of documentary evidence).

§ 1005.144. Additional evidence.

 (a) At any stage of the hearing or thereafter, the Authority or the presiding officer may call for further admissible evidence upon an issue and require that the evidence be presented by the parties concerned, either at the hearing or at the adjournment thereof. If a hearing has adjourned, the Authority or presiding officer will reconvene the hearing to receive additional evidence. Notice of the intent to reconvene a hearing will be provided to the parties under § 1001.51 (relating to service by the Authority).

 (b) Subsection (a) supersedes 1 Pa. Code § 35.128 (relating to additional evidence).

§ 1005.145. Effect of pleadings.

 (a) Pleadings listed in § 1005.1 (relating to pleadings allowed) will, without further action, be considered as part of the record as pleadings.

 (b) Except as provided in subsection (c) and in the case of a noncontested proceeding, a pleading or any part thereof may not be considered as evidence of a fact other than that of filing thereof unless offered and received into evidence.

 (c) A fact admitted by a party in an answer, filed under oath, to a numbered allegation in a pleading may be considered as evidence of the fact without the pleading and answer being offered and received into evidence.

 (d) Subsections (a) and (b) supersede 1 Pa. Code § 35.125(d) (relating to order of procedure). Subsection (c) supersedes 1 Pa. Code § 35.35 (relating to answers to complaints and petitions).

§ 1005.146. Public documents.

 (a) A report, decision, opinion or other document or part thereof need not be produced or marked for identification, but may be offered in evidence as a public document by specifying the document or part thereof and where it may be found, if the document is one of the following:

 (1) A report or other document on file with the Authority.

 (2) An official report, decision, opinion, published scientific or economic statistical data or similar public document which is issued by a governmental department, agency, committee, Authority or similar entity which is shown by the offeror to be reasonably available to the public.

 (b) Upon the request of a party and at the direction of the Authority or presiding officer, a party who incorporates by reference a pleading shall provide a copy of the pleading to the party requesting one.

 (c) Subsections (a) and (b) supersede 1 Pa. Code §§ 35.164, 35.165 and 35.166 (relating to documents on file with agency; public documents; and prepared expert testimony).

§ 1005.147. Records of other proceedings.

 (a) When a portion of the record in another proceeding before the Authority is offered in evidence and shown to be relevant and material to the instant proceeding, a true copy of the record shall be presented in the form of an exhibit, together with additional copies as provided in § 1005.149 (relating to copies and form of documentary evidence), unless both of the following occur:

 (1) The party offering the record agrees to supply, within a period of time specified by the Authority or the presiding officer, the copies at his own expense, if any, when so required.

 (2) The portion is specified with particularity so as to be readily identified, and upon motion is admitted into evidence by reference to the records of the other proceedings.

 (b) Subsection (a) supersedes 1 Pa. Code § 35.167 (relating to records in other proceedings).

§ 1005.148. Official and judicial notice of fact.

 (a) Official notice or judicial notice of facts may be taken by the Authority or the presiding officer.

 (b) When the decision of the Authority or the presiding officer rests on official notice or judicial notice of a material fact not appearing in the evidence in the record, the parties will be so notified.

 (c) Upon notification that facts are about to be or have been noticed, a party adversely affected shall have the opportunity upon timely request to show that the facts are not properly noticed or that alternative facts should be noticed.

 (d) The Authority or the presiding officer in its discretion will determine whether written presentations suffice, or whether oral argument, oral evidence or cross-examination is appropriate in the circumstances.

 (e) Subsections (a)—(d) supersede 1 Pa. Code § 35.173 (relating to official notice of facts).

§ 1005.149. Copies and form of documentary evidence.

 (a) Except as otherwise provided in this subpart, when exhibits of a documentary character are offered in evidence, copies shall be furnished to the presiding officer and to the parties present at the hearing, unless the presiding officer otherwise directs. Two copies of each exhibit of documentary character shall be furnished for the use of the Authority unless otherwise directed by the presiding officer.

 (b) Whenever practicable, all exhibits of a documentary character received in evidence must be on paper of good quality and so prepared as to be plainly legible and durable, whether printed, typewritten or otherwise reproduced, and conform to Chapter 1001, Subchapter D (relating to documentary filings) whenever practicable.

 (c) Subsection (a) supersedes 1 Pa. Code § 35.169 (relating to copies to parties and agency). Subsection (b) supersedes 1 Pa. Code § 35.168 (relating to form and size of documentary evidence).

WITNESSES

§ 1005.151. Oral examination.

 (a) Witnesses shall be examined orally unless the testimony is taken by deposition as permitted by the Authority or presiding officer or the facts are stipulated in the manner provided in § 1005.91 or § 1005.101 (relating to conferences generally; and presentation and effect of stipulations) or the testimony of expert witnesses is submitted in prepared written form as permitted by the Authority or presiding officer. Witnesses whose testimony is to be taken shall be sworn, or shall affirm, before their testimony shall be deemed evidence in the proceeding or any questions are put to them.

 (b) Subsection (a) supersedes 1 Pa. Code § 35.137 (relating to oral examination).

§ 1005.152. Written testimony.

 (a) General. Use of written testimony in Authority proceedings is encouraged, especially in connection with the testimony of witnesses determined by the Authority or presiding officer to be experts. Written direct testimony is required of expert witnesses testifying in rate cases.

 (b) Use. The Authority or presiding officer may direct that expert testimony to be given upon direct examination be submitted as prepared written testimony. A reasonable period of time will be allowed to prepare written testimony.

 (c) Rules regarding use. Written testimony is subject to the same rules of admissibility and cross-examination of the sponsoring witness as if it were presented orally in the usual manner.

 (d) Cross-examination. Cross-examination of the witness presenting written testimony shall proceed at the hearing at which testimony is authenticated if service of the written testimony is made upon each party of record at least 20 days prior to the hearing, unless the presiding officer for good cause otherwise directs. In a rate proceeding, the presiding officer or the Authority will establish the schedule for the filing and authentication of written testimony, and for cross-examination by other parties.

 (e) Form. Written testimony must normally be prepared in question and answer form, include a statement of the qualifications of the witness and be accompanied by exhibits to which it relates. A party offering prepared written testimony shall insert line numbers in the left-hand margin on each page. A party should also use a logical and sequential numbering system to identify the written testimony of individual witnesses.

 (f) Service. Written testimony shall be served upon the presiding officer and parties in the proceeding in accordance with the schedule established by this chapter. At the same time the testimony is served, a certificate of service for the testimony shall be filed with the Clerk.

 (g) Copies. At the hearing at which the testimony is authenticated, counsel for the witness shall provide two copies of the testimony to the court reporter.

 (h) Supersession. Subsections (a)—(g) supersede 1 Pa. Code §§ 35.138, 35.150 and 35.166 (relating to expert witnesses; scope and conduct of examination; and prepared expert testimony).

§ 1005.153. Offers of proof.

 (a) An offer of proof may be requested when opposing counsel contends the witness is not competent to testify to the subject matter or that the evidence to be offered is inadmissible. An offer of proof also may be made when the presiding officer has sustained an objection to the admission of testimony or tangible evidence. If the proffered evidence is tangible, it shall be marked for identification and constitute the offer of proof. If the proffered evidence is oral testimony, the offer of proof shall consist of a summary of the evidence which counsel contends would be adduced by the testimony. The presiding officer may also request a statement of the basis for admissibility of the evidence.

 (b) Subsection (a) supersedes 1 Pa. Code § 35.190(b) (relating to appeals to agency head from rulings of presiding officers).

SUBPOENAS

§ 1005.161. Subpoenas.

 Matters related to subpoenas shall be as provided in 1 Pa. Code § 35.142 (relating to subpoenas).

§ 1005.162. Depositions.

 Matters related to depositions shall be as provided in 1 Pa. Code §§ 35.145—35.152 (relating to depositions).

CLOSE OF THE RECORD

§ 1005.171. Close of the record.

 (a) The record will be closed at the conclusion of the hearing unless otherwise directed by the Authority or presiding officer.

 (b) After the record is closed, additional matter may not be relied upon or accepted into the record unless allowed for good cause shown by the Authority or presiding officer upon motion.

 (c) Subsections (a) and (b) supersede 1 Pa. Code §§ 35.231 and 35.232 (relating to reopening on application of party; and reopening by presiding officer).

Subchapter E. PRESIDING OFFICERS

Sec.

1005.181.	Designation of presiding officer.
1005.182.	Qualifications.
1005.183.	Disqualification of a presiding officer.
1005.184.	Authority of presiding officer.
1005.185.	Restrictions on duties and activities.
1005.186.	Manner of conduct of hearings.
1005.187.	Unavailability of presiding officer.

§ 1005.181. Designation of presiding officer.

 (a) When evidence is to be taken in a proceeding, either the Authority, a standing presiding officer appointed under § 1003.73(b) (relating to Adjudication Department) or an Authority representative appointed according to law and qualified as provided in § 1005.182 (relating to qualifications) may preside at the hearing.

 (b) Subsection (a) supersedes 1 Pa. Code § 35.185 (relating to designation of presiding officers).

§ 1005.182. Qualifications.

 (a) An authority representative appointed as provided in § 1005.181 (relating to designation of presiding officer) will be one of the following:

 (1) A member of the Authority.

 (2) The Director.

 (3) An attorney admitted to practice law before the Supreme Court of Pennsylvania for at least 7 years prior to the date of designation.

 (b) A presiding officer appointed to preside over an enforcement proceeding shall meet the qualifications in subsection (a)(3).

§ 1005.183. Disqualification of a presiding officer.

 (a) A party may file a motion for disqualification of a presiding officer which shall be accompanied by affidavits alleging personal bias or other disqualification.

 (b) A presiding officer may withdraw from a proceeding when deemed disqualified in accordance with law.

 (c) A motion for disqualification shall be filed with the Clerk and served on the presiding officer and the parties to the proceeding.

 (d) The presiding officer will rule upon a motion for disqualification within 30 days of receipt. Failure to rule upon a motion for disqualification within 30 days of its receipt will be deemed to be a denial of the motion.

 (e) The ruling of the presiding officer on a motion for disqualification is subject to the interlocutory appeal procedure in § 1005.131 (relating to interlocutory review generally).

 (f) Subsections (a)—(e) supersede 1 Pa. Code § 35.186 (relating to disqualification of a presiding officer).

§ 1005.184. Authority of presiding officer.

 (a) The presiding officer will have the authority, within the powers of the act, this part or an order of the Authority. This authority includes, but is not limited to, the power to exclude irrelevant, immaterial or unduly repetitive evidence, to prevent excessive examination of witnesses, to schedule and impose reasonable limitations on discovery and to otherwise regulate the course of the proceeding.

 (b) Upon the conclusion of a proceeding, the presiding officer will have the authority to issue a decision. Each decision of a presiding officer will be considered a recommended decision as provided in § 1005.201 (relating to recommended decisions generally), except as provided in section 5705(a) of the act (relating to contested complaints).

 (c) Subsections (a) and (b) supersede 1 Pa. Code § 35.187 (relating to authority delegated to presiding officers).

§ 1005.185. Restrictions on duties and activities.

 (a) Presiding officers will not perform duties inconsistent with their duties and responsibilities as such.

 (b) Except as required for the disposition of ex parte matters not prohibited by the act, a presiding officer will not consult a person or party on a fact in issue unless upon notice and opportunity for all parties to participate.

 (c) Subsections (a) and (b) supersede 1 Pa. Code § 35.188 (relating to restrictions on duties and activities).

§ 1005.186. Manner of conduct of hearings.

 (a) The presiding officer will conduct a fair and impartial hearing and maintain order.

 (b) The presiding officer may note on the record a party's disregard of a ruling. When necessary, the presiding officer may submit a report to the Authority recommending suspension and disbarment of the offending person as provided by § 1001.27 (relating to suspension and disbarment).

 (c) Subsections (a) and (b) supersede 1 Pa. Code § 35.189 (relating to manner of conduct of hearings).

§ 1005.187. Unavailability of presiding officer.

 (a) If a presiding officer becomes unavailable, the Adjudication Department's supervising presiding officer may either designate another qualified standing presiding officer to prepare the initial or recommended decision or cause the record to be certified to the Authority for decision.

 (b) Subsection (a) supersedes 1 Pa. Code § 35.203 (relating to unavailability of presiding officer).

Subchapter F. BRIEFS

Sec.

1005.191.	Content and form of briefs.
1005.192.	Filing and service of briefs.

§ 1005.191. Content and form of briefs.

 (a) When briefs are required by this part or upon direction of the Authority or presiding officer in a proceeding, the brief must contain the following:

 (1) A concise statement or counter-statement of the case.

 (2) Reference to the pages of the record or exhibits where the evidence relied upon by the filing party appears.

 (3) An argument preceded by a summary. The party with the burden of proof shall, in its main or initial brief, completely address, to the extent possible, every issue raised by the relief sought and the evidence adduced at hearing.

 (4) A conclusion with requested relief.

 (b) Briefs must also contain the following, if and as directed by the presiding officer:

 (1) A statement of the questions involved.

 (2) Proposed findings of fact with references to transcript pages or exhibits where evidence appears, together with proposed conclusions of law.

 (3) Proposed ordering paragraphs specifically identifying the relief sought.

 (c) Exhibits should not be reproduced in the brief, but may, if desired, be reproduced in an appendix to the brief.

 (d) Briefs of more than 20 pages must contain on their front leaves a table of contents with page references and a table of citations, which may be prepared without pagination.

 (e) Briefs must be as concise as possible and, except for briefs in rate cases, be limited to 60 pages in length, unless some other limitation is imposed or allowed by the presiding officer. The length of briefs in rate cases will be controlled by the presiding officer.

 (f) Subsections (a)—(e) supersede 1 Pa. Code § 35.192 (relating to content and form of briefs).

§ 1005.192. Filing and service of briefs.

 (a) Service. Copies shall be served on the parties in accordance with § 1001.57 (relating to number of copies to be served).

 (b) Number of copies. An original and 12 copies of a brief shall be filed with the Clerk in proceedings before the Authority, with only 3 copies filed in proceedings before a presiding officer.

 (c) Filing of briefs in nonrate proceedings.

 (1) Initial brief. An initial brief shall be filed by the party with the burden of proof except as provided by agreement or by direction of the presiding officer.

 (2) Response brief. A party may file a response brief to the initial brief.

 (d) Filing of briefs in rate proceedings.

 (1) Main brief. A main brief may be filed by a party except as provided by agreement or by direction of the presiding officer.

 (2) Reply brief. A party may file a reply brief to a main brief regardless of whether the party filed a main brief.

 (e) Filing of amicus curiae briefs. A person interested in the issues involved in an Authority proceeding, although not a party, may, without applying for leave to do so, file amicus curiae briefs with the Clerk in regard to those issues. Unless otherwise ordered, amicus curiae briefs shall be filed and served in the manner and number required and within the time allowed by this section, absent good cause.

 (f) Deadlines. Initial briefs, main briefs, responsive briefs and reply briefs shall be filed and served within the time fixed by the presiding officer. If no specific times are fixed, initial briefs or main briefs shall be filed and served within 20 days after the date of service of notice of the filing of the transcript and responsive briefs or reply briefs shall be filed within 20 days after date of service of the notice of the filing of the transcript.

 (g) Late-filed briefs. Briefs not filed and served on or before the dates fixed therefore will not be accepted, except by special permission of the Authority or the presiding officer as permitted under § 1001.15 (relating to extensions of time and continuances).

 (h) Supersession. Subsections (a)—(g) supersede 1 Pa. Code §§ 35.191 and 35.193 (relating to proceedings in which briefs are to be filed; and filing and service of briefs).

Subchapter G. RECOMMENDED DECISIONS AND APPEALS

RECOMMENDED DECISIONS

Sec.

1005.201.	Recommended decisions generally.
1005.202.	Certification of record without decision.
1005.203.	Appeal hearings.
1005.204.	Briefs and oral argument before presiding officer.

EXCEPTIONS TO RECOMMENDED DECISIONS

1005.211.	Exceptions to recommended decisions.
1005.212.	Replies.
1005.213.	Final orders and effect of failure to file exceptions.
1005.214.	Oral argument before the Authority.
1005.215.	Withdrawal of appeals.

RECOMMENDED DECISIONS

§ 1005.201. Recommended decisions generally.

 (a) This subchapter applies only to proceedings referred to a presiding officer for a recommended decision by a provision of this part or order of the Authority.

 (b) The Authority will employ the use of recommended decisions in lieu of proposed reports.

§ 1005.202. Certification of record without decision.

 (a) If a proceeding is referred to a presiding officer as provided in § 1005.201 (relating to recommended decisions generally), that officer will normally file a decision. The record will be certified to the Authority without a decision of the presiding officer only as required or allowed by the Authority.

 (b) Subsection (a) supersedes 1 Pa. Code §§ 35.201—35.207 (relating to proposed reports generally).

§ 1005.203. Appeal hearings.

 In the event a matter is referred to a presiding officer with instructions to conduct hearings to develop an evidentiary record or if the petition for appeal avers a material factual dispute which the presiding officer determines necessitates a hearing, the hearing will be conducted as provided in Subchapter B (relating to hearings).

§ 1005.204. Briefs and oral argument before presiding officer.

 (a) In matters which do not require a hearing to develop an evidentiary record, the presiding officer may issue a recommended decision upon review of the petition and answer, if any.

 (b) On the presiding officer's own motion or at the request of a party, the presiding officer may order the filing of briefs in a form consistent with Subchapter F (relating to briefs) on a schedule the presiding officer deems appropriate.

 (c) In the event briefs are filed, on the presiding officer's own motion or at the request of a party the presiding officer may order the presentation of oral argument and impose limits on the argument that are deemed appropriate. When determining the propriety of oral argument the presiding officer will consider the limitations of time, the nature of the proceedings, the complexity or importance of the issues of fact or law involved and the public interest.

 (d) Subsections (a)—(c) supersede 1 Pa. Code § 35.204 (relating to oral argument before presiding officer).

EXCEPTIONS TO RECOMMENDED DECISIONS

§ 1005.211. Exceptions to recommended decisions.

 (a) Subject to subsection (f), a party may file written exceptions to the recommended decision of a presiding officer with the Clerk within 15 days after the recommended decision is issued, unless some other exception period is provided. Exceptions may not be filed with respect to an interlocutory decision.

 (b) Each exception must be numbered and identify the finding of fact or conclusion of law to which exception is taken and cite relevant pages of the decision. Supporting reasons for the exceptions must follow each specific exception.

 (c) The exceptions must be concise. The exceptions and supporting reasons must be limited to 20 pages in length. Statements of reasons supporting exceptions must, insofar as practicable, incorporate by reference and citation, relevant portions of the record and passages in previously filed briefs. A separate brief in support of or in reply to exceptions may not be filed with the Clerk.

 (d) An original and 12 copies of the exceptions shall be filed with the Clerk.

 (e) Unless otherwise ordered by the Authority, §§ 1001.11 and 1001.54 (relating to date of filing; and date of service) will not be available to extend the time periods for filing exceptions.

 (f) A presiding officer's decision related to an enforcement proceeding will not be subject to exception or administrative appeal, except as provided in section 5705(a) of the act (relating to contested complaints).

 (g) Subsections (a)—(f) supersede 1 Pa. Code §§ 35.211 and 35.212 (relating to procedure to except to proposed report; and content and form of briefs on exceptions).

§ 1005.212. Replies.

 (a) A party has the right to file a reply to an exception in proceedings before the Authority. Unless otherwise directed by the Authority or presiding officer, a reply shall be filed within 10 days of the date that an exception is filed and be limited to 20 pages in length and in paragraph form. A reply must be concise and incorporate by reference relevant passages in previously filed briefs. A reply may not raise new arguments or issues, but be limited to responding to the arguments or issues in the exception.

 (b) Unless otherwise ordered by the Authority, §§ 1001.11 and 1001.54 (relating to date of filing; and date of service) will not be available to extend the time periods for filing replies to an exception.

 (c) Subsections (a) and (b) supersede 1 Pa. Code § 35.211 (relating to procedure to except to proposed report).

§ 1005.213. Final orders and effect of failure to file exceptions.

 (a) Enforcement proceedings. A presiding officer's decision related to an enforcement proceeding will become a final order or adjudication of the Authority as provided in section 5705(a) of the act (relating to contested complaints).

 (b) Other proceedings. If no exceptions are filed in a proceeding included within § 1005.211(a) (relating to exceptions to recommended decisions), the decision of the presiding officer will become a final order or adjudication of the Authority without further Authority action unless, within 15 days after the decision is issued, two or more members of the Authority request that the General Counsel schedule the decision for Authority review. Authority action on exceptions will be a final order or adjudication.

 (c) Supersession. Subsections (a) and (b) supersede 1 Pa. Code §§ 35.213 and 35.226 (relating to effect of failure to except to proposed report; and final orders).

§ 1005.214. Oral argument before the Authority.

 (a) In a case brought to the Authority by the filing of an exception or appeal, a request for oral argument before the Authority shall be filed in writing together with the appeal.

 (b) In a case where exceptions are filed under § 1005.211 (relating to exceptions to recommended decisions), a request for oral argument before the Authority shall be filed in writing together with exceptions to the recommended decision or a reply.

 (c) In a case where a recommended decision will not be issued, a request for oral argument before the Authority shall be filed in writing together with the initial or responding brief.

 (d) If oral argument is ordered, it shall be limited, unless otherwise specified, to matters properly raised by the briefs.

 (e) Subsections (a)—(d) supersede 1 Pa. Code §§ 35.214 and 35.221 (relating to oral argument on exceptions; and briefs and oral argument in absence of proposed report).

§ 1005.215. Withdrawal of appeals.

 (a) The filing of exceptions to a recommended decision will be deemed to be an appeal to the Authority of the recommended decision and is subject to review by the Authority.

 (b) An appeal to the Authority may be withdrawn at any time. If the presiding officer's previous decision is not otherwise subject to Authority review, it becomes final and effective upon the filing of a notice of withdrawal.

Subchapter H. REOPENING, RECONSIDERATION AND REHEARING

Sec.

1005.221.	Reopening prior to a final decision.
1005.222.	Petitions for relief.

§ 1005.221. Reopening prior to a final decision.

 (a) At any time after the record is closed but before a final decision is issued, a party may file a petition to reopen the proceeding for the purpose of taking additional evidence.

 (b) A petition to reopen must set forth clearly the facts claimed to constitute grounds requiring reopening of the proceeding, including material changes of fact or of law alleged to have occurred since the conclusion of the hearing.

 (c) Within 10 days following the service of the petition, another party may file an answer thereto.

 (d) The record may be reopened upon notification to the parties in a proceeding for the reception of further evidence if there is reason to believe that conditions of fact or of law have so changed as to require, or that the public interest requires, the reopening of the proceeding.

 (1) The presiding officer may reopen the record if the presiding officer has not issued a decision or has not certified the record to the Authority.

 (2) The Authority may reopen the record after the presiding officer has issued a decision or certified the record to the Authority.

 (e) Subsections (a)—(e) supersede 1 Pa. Code §§ 35.231—35.233 (relating to reopening of record).

§ 1005.222. Petitions for relief.

 (a) Petitions for rehearing, reargument, reconsideration, clarification, rescission, amendment, supersedeas or the like must be in writing and specify, in numbered paragraphs, the findings or orders involved, and the points relied upon by petitioner, with appropriate record references and specific requests for the findings or orders desired.

 (b) A copy of every petition covered under subsection (a) shall be served upon each party to the proceeding.

 (c) Petitions for reconsideration, rehearing, reargument, clarification, supersedeas or others shall be filed within 10 days after the Authority order involved is entered or otherwise becomes final.

 (d) Answers to a petition covered under subsection (a) shall be filed and served within 10 days after service of a petition.

 (e) The filing of a petition as provided in this section will not act to toll any period of appeal related to judicial review of an Authority action. The expiration of a period of appeal without action by the Authority will be deemed a denial of the petition by the Authority.

 (f) Subsections (a)—(e) supersede 1 Pa. Code § 35.241 (relating to application for rehearing or reconsideration).

Subchapter I. REPORTS OF COMPLIANCE

Sec.

1005.231.	Reports of compliance.
1005.232.	Compliance with orders prescribing rates.

§ 1005.231. Reports of compliance.

 (a) A person subject to the jurisdiction of the Authority who is required to do or perform an act by an Authority order, certificate, registration, driver's certificate or other right shall file with the Director a notice stating that the requirement has or has not been met or complied with.

 (b) The notice shall be filed within 30 days following the date when the requirement becomes effective, unless the Authority, by regulation, by order or by making specific provision thereof in the certificate, registration, driver's certificate or other right provides otherwise for compliance or proof of compliance. The notice shall be accompanied by a verification in accordance with § 1001.36 (relating to verification and affidavit).

 (c) Subsections (a) and (b) supersede 1 Pa. Code § 35.251 (relating to reports of compliance).

§ 1005.232. Compliance with orders prescribing rates.

 (a) When the Authority makes a final decision concerning a rate filing and permits or requires the adoption of rates other than the rates originally filed, the certificate holder affected shall file, within 20 days of entry of the final order, a tariff revision consistent with the Authority's decision together with a proof of revenues and supporting calculations. The certificate holder shall simultaneously serve copies of the tariff revision, along with the proof of revenues and supporting calculations, on the parties in the proceeding. A utility may also be required to provide an electronic, red-lined copy of any filing made to assist the parties in promptly identifying and analyzing the filing.

 (b) Unless otherwise specified in the order, the tariff revision shall be effective upon statutory notice to the Authority and to the public and, whether made effective on statutory notice or under authority granted in the order, shall bear under the effective date on the title page the following notation:

''Filed in compliance with the order of Philadelphia Parking Authority, entered ______ 2 ____ (date) at ____ : ____ (time).''

 (c) Exceptions to a tariff revision under this section may be filed by a party to the proceeding within 10 days of the date of service of the compliance filing, and must be strictly limited in scope to the factual issue of alleged deviation from requirements of the Authority order. The utility making the compliance filing may respond to exceptions within 5 days. Further pleadings will not be permitted.

 (d) Rates contained in a tariff revision filed in compliance with an Authority order may not be imposed prior to entry of a subsequent order by the Authority approving the compliance filing. Notwithstanding the filing of an exception, the Authority may allow the compliance rates to become effective.

Subchapter J. APPEALS TO COURT

Sec.

1005.241.	Notice of taking appeal.
1005.242.	Preparation and certification of records.
1005.243.	Certification of interlocutory orders.

§ 1005.241. Notice of taking appeal.

 When an appeal is taken from an order of the Authority to the Commonwealth Court, the appellant shall immediately give notice of the appeal to all parties to the Authority proceeding, the Clerk and the General Counsel, as provided under § 1001.52 (relating to service by a party).

§ 1005.242. Preparation and certification of records.

 A record will not be certified as complete until copies of exhibits or other papers have been furnished when necessary to complete the Authority file. Copies will be requested by the Authority.

§ 1005.243. Certification of interlocutory orders.

 (a) When the Authority has made an order which is not a final order, a party may by motion request that the Authority find, and include the findings in the order by amendment, that the order involves a controlling question of law as to which there is a substantial ground for difference of opinion and that an immediate appeal to Commonwealth Court from the order may materially advance the ultimate termination of the matter. The motion shall be filed within 10 days after service of the order, and is procedurally governed under § 1005.71 (relating to motions). Unless the Authority acts within 30 days after the filing of the motion, the motion will be deemed denied.

 (b) Neither the filing of a motion under subsection (a), nor the adoption of an amended order containing the requested finding, will stay a proceeding unless otherwise ordered by the Authority or Commonwealth Court.

 (c) Subsections (a) and (b) supersede 1 Pa. Code § 35.225 (relating to interlocutory orders).

Subpart B. TAXICABS

Chap.

1011.	GENERAL PROVISIONS
1013.	MEDALLION TAXICABS
1015.	PARTIAL RIGHTS TAXICABS
1017.	VEHICLE AND EQUIPMENT REQUIREMENTS
1019.	DISPATCHERS
1021.	TAXICAB DRIVERS
1025.	INSURANCE REQUIRED
1027.	SALE OF RIGHTS
1029.	BROKERS

CHAPTER 1011. GENERAL PROVISIONS

Sec.

1011.1.	Purpose.
1011.2.	Definitions.
1011.3.	Annual rights renewal process.
1011.4.	Annual assessments and renewal fees.
1011.5.	Ineligibility due to conviction or arrest.
1011.6.	Fleet program.
1011.7.	Payment of outstanding fines, fees and penalties.
1011.8.	Facility inspections.
1011.9.	Taxicab service limitations.
1011.10.	Discrimination in service.
1011.11.	Record retention.
1011.12.	Aiding or abetting violations.
1011.13.	Interruptions of service.
1011.14.	Voluntary suspension of certificate.
1011.15.	Death or incapacitation of a certificate holder or certain persons with controlling interest.
1011.16.	Power of successors by law.
1011.17.	Limitations.
1011.18.	Application review generally.
1011.19.	Exclusive service.
1011.20.	Service in unauthorized territory.

§ 1011.1. Purpose.

 This subpart establishes and prescribes Authority regulations and procedures for taxicab service in Philadelphia.

§ 1011.2. Definitions.

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

 Controlling interest—

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

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

 Dispatcher's certificate—A certificate issued by the Authority to a dispatcher.

 Driver history report—A driver's license report containing details about a driver's history including accidents and violations issued by a jurisdiction within the United States.

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

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

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

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

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

 Limousine certificate—A certificate granting the owner the right to operate a class of limousine service as provided in Subpart C (relating to limousines).

 Medallion—A piece of metal in a shape and with a color to be determined by the Authority which is to be affixed to a vehicle by Authority staff before that vehicle may provide citywide taxicab service.

 Medallion lienholder—A person holding a recorded lien against a medallion as provided under section 5713 of the act (relating to property and licensing rights) and § 1013.21 (relating to notice of medallion lien).

 Medallion number—The number assigned to and placed on a particular medallion by the Authority, under § 1017.14 (relating to taxicab numbering).

 Medallion taxicab—A taxicab certified by the Authority to provide citywide taxicab service and affixed with a medallion by the Authority as provided in § 1013.2 (relating to attachment of a medallion) and section 5714(a) of the act (relating to certificate and medallion required).

 Medallion taxicab certificate—A certificate granting the owner the right to operate one or more medallion taxicabs under this part.

 Moving violations—Any debt owed to the Commonwealth or one of its political subdivisions for violations of 75 Pa.C.S. (relating to Vehicle Code) that is not under appeal.

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

 Partial-rights taxicab—A taxicab authorized by the Authority to provide common carrier call or demand transportation of persons for compensation on a non-citywide basis, under Chapter 1015 (relating to partial rights taxicabs) and section 5711(c)(2) of the act (relating to power of authority to issue certificates of public convenience) and 5714(d)(2) of the act.

 Partial-rights taxicab certificate—A certificate granting the owner the right to operate one or more partial-rights taxicabs under this part.

 Proposed buyer—The party seeking to acquire an ownership interest in a medallion or certificate, as the context provides.

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

§ 1011.3. Annual rights renewal process.

 (a) Expiration of certificate. All rights will expire annually, including the following:

 (1) Except as provided in subsection (f), a certificate will expire on June 30 of each year.

 (2) A taxicab driver's certificate will expire 1 year from its date of issuance or renewal.

 (3) Except as provided in subsection (f), a broker registration will expire on June 30 of each year.

 (b) Expired rights.

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

 (2) Taxicab driver certificates that have been expired for 1 year or more will be deemed cancelled.

 (c) Renewal forms.

 (1) Rights issued by the Authority shall be renewed by completing and filing the required renewal form with the Manager of Administration. Renewal forms may be obtained on the Authority's web site at www.philapark.org/tld or from TLD Headquarters.

 (2) The renewal forms may require the submission of additional information or documents to confirm continuing eligibility under the act or this part.

 (3) The renewal forms must be verified as provided in § 1001.36 (relating to verification and affidavit) and filed as follows:

 (i) For medallion taxicab certificates, Form TX-1 ''Medallion Renewal'' shall be filed on or before February 15 of each year.

 (ii) For partial-rights taxicab certificates, Form PR-1 ''Partial Rights Renewal'' shall be filed on or before February 15 of each year.

 (iii) For dispatcher certificates, Form DSP-6 ''Dispatcher Renewal'' shall be filed on or before February 15 of each year.

 (iv) For taxicab drivers' certificates, Form DR-3 ''Driver Renewal'' shall be filed between 60 and 90 days before the expiration date printed on the taxicab driver's certificate.

 (v) For broker registrations, a Form BR-4 ''Broker Renewal'' shall be filed on or before February 15 of each year.

 (d) Renewal denial. The Authority will deny renewal of rights in the following circumstances:

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

 (2) The renewal process reveals information about the renewing person or those with a controlling interest in the renewing person that would have resulted in a denial of an initial application for the rights.

 (3) The renewing person fails to comply with § 1011.4 (relating to annual assessments and renewal fees).

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

 (f) New certificates and registrations. A certificate or broker registration will not be subject to the renewal requirements in this section during the calendar year in which it is first issued.

§ 1011.4. Annual assessments and renewal fees.

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

 (b) Payment of assessments by certificate holders. Except as provided in subsection (c), the annual assessment for certificate holders is due on or before June 15 of each year.

 (c) Installment payments. Upon request by a taxicab certificate holder through the annual renewal form required under § 1011.3 (relating to annual rights renewal process), the Director may permit certificate holders to pay the assessment in two equal installments on or before June 15 and December 15 of each year, as limited under subsections (d) and (e).

 (d) Assessment payment by appointment.

 (1) In person appointments to make installment payments for annual assessments may be scheduled by the Director any time after the renewal form is filed. The Director may reschedule appointment times to accommodate the availability of the certificate holder. Notice of appointment times will be provided at least 10 days in advance and as provided in § 1001.51 (relating to service by the Authority).

 (2) The scheduled appointment will become the new due date for the installment assessment payment.

 (3) The Authority will provide notice of assessment payment appointments as provided in § 1001.51.

 (e) Eligibility. A certificate will be ineligible for assessment installment payments if the certificate holder or any person having a controlling interest in the certificate holder has done any of the following in the previous 2 years:

 (1) Failed to pay an assessment to the Authority on schedule.

 (2) Failed to begin and complete the annual rights renewal process on schedule.

 (3) Been subject to suspension or cancellation of any rights issued by the Authority under the act, this part or an order of the Authority.

 (f) Payment of renewal fees by taxicab drivers. The annual renewal fee for taxicab drivers is due with the filing of the DR-3 as provided in § 1011.3(c)(3)(iv) (relating to annual rights renewal process).

 (g) Payment of renewal fees by brokers. The annual renewal fee for brokers is due with the filing of the BR-4 as provided in § 1011.3(c)(3)(v).

 (h) Late assessment or renewal fee payments.

 (1) An installment assessment payment will be considered late if not paid at the appointed time and date for payment.

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

§ 1011.5. Ineligibility due to conviction or arrest.

 (a) Except as provided in subsection (e), a person is ineligible to own any interest in any right issued by the Authority if the person, or a person having a controlling interest in the person or a key employee, has been subject to a conviction as defined in § 1001.10 (relating to definitions) in the past 5 years and for 6 months from the date the convicted person completes the sentence imposed, including incarceration, probation, parole and other forms of supervised release.

 (b) In the event a regulated party owning a transferable right becomes ineligible to hold rights issued by the Authority due to a conviction, the regulated party shall immediately cease use of the rights and initiate the sale of the rights to an eligible person as provided in Chapter 1027 (relating to sale of rights) within 180 days of the conviction.

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

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

 (e) A person subject to an order of Accelerated Rehabilitative Disposition shall be ineligible to own any interest in any right issued by the Authority until the terms of the order have been completed.

 (f) Upon consideration of a petition seeking a waiver related to this section, as provided in § 1005.23 (relating to petitions for issuance, amendment, repeal or waiver of Authority regulations), the Authority will also consider:

 (1) The nature of the petitioner's duties subject to the act.

 (2) The nature and seriousness of the offense or conduct.

 (3) The circumstances under which the offense or conduct occurred.

 (4) The age of the petitioner when the offense or conduct was committed.

 (5) Whether the offense or conduct was an isolated or a repeated incident.

 (6) Evidence of rehabilitation, including good conduct in the community.

 (7) Counseling or psychiatric treatment received and the recommendation of persons who have substantial contact with the petitioner.

§ 1011.6. Fleet program.

 (a) The Authority will maintain a fleet program to assist taxicab certificate holders with the process of accurately transferring liability for Philadelphia parking violations from the owner of the vehicle to the driver of the vehicle when the parking violation was issued.

 (b) Each taxicab certificate holder engaged in the leasing of a taxicab to a taxicab driver shall enroll in the Authority's fleet program. Information related to enrollment and an enrollment application may be obtained from the Authority at www.philapark.org/tld.

§ 1011.7. Payment of outstanding fines, fees and penalties.

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

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

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

§ 1011.8. Facility inspections.

 (a) Inspectors may enter upon the premises of taxicab certificate holders where taxicabs are parked, stored or maintained during ordinary business hours to inspect vehicles or records, or both, associated with the operation of taxicabs in Philadelphia, including inspection reports and lease agreements between the certificate holder and another regulated party.

 (b) Inspectors may enter upon the premises of dispatchers used to dispatch taxicabs in Philadelphia, during ordinary business hours, to inspect dispatching equipment or records, or both, to assure that the dispatcher's equipment and procedures comply with the act and Chapter 1019 (relating to dispatchers).

 (c) Inspectors may enter upon the premises of brokers during ordinary business hours to review records related to either completed or pending transfers filed with the Authority as provided in § 1027.6 (relating to application for sale of transferable rights) to assure compliance with the act and Chapter 1029 (relating to brokers).

§ 1011.9. Taxicab service limitations.

 (a) Only the following individuals may provide taxicab service:

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

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

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

 (b) A certificate holder shall supervise its taxicab to make certain that only those taxicab drivers authorized by this section provide taxicab service.

§ 1011.10. Discrimination in service.

 A regulated person may not refuse service to a member of the public on the basis of gender, sexual orientation, race, religious preference, nationality, age, point of origin, point of destination or to a person with a disability.

§ 1011.11. Record retention.

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

 (1) Taxicab certificate holders.

 (i) Each lease agreement for a taxicab or medallion, or both.

 (ii) Records of payment by a driver under each lease agreement for a taxicab or medallion, or both.

 (iii) Records related to accidents involving vehicles used as taxicabs, including repair records.

 (iv) Trip sheets or service logs used by a certificate holder's drivers when the certificate holder is exempted from the standard meter requirements in this subpart under § 1017.24(e) (relating to meter activation and display).

 (2) Dispatchers.

 (i) Records of dues paid by taxicab certificate holders or drivers for dispatching services.

 (ii) Prior lists of associated taxicabs.

 (iii) Prior rule books or other terms of participation applicable to taxicab certificate holders or drivers that are associated with the dispatcher.

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

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

 (c) A regulated party shall produce records maintained under subsection (a) to the Authority upon written request or upon inspection as provided in § 1011.8 (relating to facility inspections). In the event the records require a special form of software to search or interpret, a regulated party shall make that software available to the Authority.

§ 1011.12. Aiding or abetting violations.

 A person may not aid, abet, encourage or require a regulated party to violate the act, this part or an order of the Authority.

§ 1011.13. Interruptions of service.

 (a) A discontinuance in the provision of taxicab service for 5 or more days shall be reported by the certificate holder to the Manager of Enforcement within 7 days of the discontinuation of service. The written report must include the cause of interruption and its probable duration and may be forwarded by email.

 (b) A discontinuance in the provision of dispatcher service for 2 or more hours shall be reported by the certificate holder to the Manager of Enforcement in writing within 5 hours of the beginning of the discontinuation of service. The written report must include the cause of interruption and its probable duration and may be forwarded by email.

§ 1011.14. Voluntary suspension of certificate.

 (a) A certificate holder may apply to place a certificate in a voluntary state of suspension to avoid penalties for violation of § 1011.13(e) (relating to interruptions of service).

 (b) A partial-rights taxicab certificate or dispatcher certificate may not be placed in voluntary suspended status for more than 1 year.

 (c) A medallion taxicab certificate or individual medallion may not be placed in a voluntarily suspended status for more than 6 months.

 (d) The Authority will not grant an application for voluntary suspension if the approval will result in a reduction of five percent or more of the aggregate number of authorized medallion taxicabs in Philadelphia.

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

 (f) Before a CPC-1 is granted, a certificate holder shall be in compliance with § 1011.7 (relating to payment of outstanding fines, fees and penalties) and pay the entire Authority assessment that will come due during the proposed period of voluntary suspension.

§ 1011.15. Death or incapacitation of a certificate holder or certain persons with controlling interest.

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

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

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

 (1) Upon the death or incapacitation of an individual certificate holder, the rights conferred by the certificate shall continue with the legal representative of the deceased or incapacitated certificate holder for 6 months.

 (2) The legal representative of the deceased or incapacitated certificate holder shall immediately begin the process of finding a qualified person to buy the certificate as provided in Chapter 1027 (relating to sale of rights), including the use of a broker or attorney. Nothing in this section prohibits the legal representative from buying the certificate.

 (3) In the event an SA-1 for the certificate is not correctly filed, as provided in § 1027.6 (relating to application for sale of transferable rights), within 90 days of the date the certificate holder died or was declared incapacitated, the certificate will be placed out of service as provided in § 1003.32 (relating to out of service designation) and may be cancelled upon determination of a formal complaint filed by the Enforcement Department or trial counsel.

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

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

 (1) Upon the death, incapacitation or dissolution of a person that owns 5% or more of the certificate holder's securities, the rights conferred by the certificate shall continue with the certificate holder for 3 months.

 (2) The certificate holder shall immediately begin the process of finding a qualified person to buy the securities of the certificate holder referenced in paragraph (1) as provided in Chapter 1027, including the use of a broker or attorney. Nothing in this section will prohibit the certificate holder from acquiring the securities of the person referenced in paragraph (1).

 (3) In the event an SA-1 for the sale of the securities referenced in paragraph (1) is not correctly filed as provided in § 1027.5 (relating to agreement of sale) within 6 months of the date of the person's death, incapacitation or dissolution, the certificate will be placed out of service as provided in § 1003.32 and may be cancelled upon determination of a formal complaint filed by the Enforcement Department or trial counsel.

 (4) In the event an SA-1 for the sale of the securities referenced in paragraph (1) is correctly filed, as provided in § 1027.6, within 6 months of the date of the person's death, incapacitation or dissolution, the rights conferred by the certificate shall continue for the duration of the SA-1 review period and through closing on the sale.

 (d) Ineligibility of successor or legal representative. This section may not be interpreted to permit the operation or use of Authority rights by a person otherwise prohibited from the ability to receive Authority rights. For example, the executor of the estate on a deceased individual certificate holder who would be ineligible to possess Authority rights as provided in § 1011.5 (relating to ineligibility due to conviction or arrest) may not operate or supervise the operation of the rights conferred by the certificate.

§ 1011.16. Power of successors by law.

 (a) If a trustee, receiver, assignee, custodian or similar officer or officers is appointed by a court of competent jurisdiction, or is selected by creditors in accordance with provisions of law, with authority to take or retain possession and to operate the property and business of a certificate holder, the officer shall have authority to perform the service authorized in the certificate of the debtor certificate holder for 90 days from his appointment or selection.

 (b) The appointed officer may petition the Authority for authorization to exercise the rights conferred by the certificate for an additional period of time, and the Authority may, for good cause shown, grant authority.

 (c) If the petition is filed within 60 days of the appointment or selection of the petitioner, the appointed officer shall have authority to exercise the rights conferred by the certificate pending a decision by the Authority on the petition. Pertinent orders or decrees of the court having jurisdiction may be deemed cause for the granting of petitions by the Authority.

§ 1011.17. Limitations.

 Operations covered under §§ 1011.15 and 1011.16 (relating to death or incapacitation of a certificate holder or certain persons with controlling interest; and power of successors by law) are subject to the terms and conditions of the certificate of public convenience and may not be conducted without full compliance with the act, this part or an order of the Authority, including insurance coverage.

§ 1011.18. Application review generally.

 Application for rights required by this subpart will be reviewed as provided in § 1003.51 (relating to applications generally).

§ 1011.19. Exclusive service.

 Taxicabs may transport persons on request on an exclusive basis.

§ 1011.20. Service in unauthorized territory.

 Taxicab service between points outside authorized territory may not be validated by the subterfuge of routing the taxicab through authorized territory. A certificate holder or taxicab driver may not attempt to evade operating rights restrictions by encouraging or causing the passengers to make a theoretical or actual fare-paying break in a trip by routing it through authorized territory.

CHAPTER 1013. MEDALLION TAXICABS

Subchap.

A.	GENERAL REQUIREMENTS
B.	LIENS ON MEDALLIONS

Subchapter A. GENERAL REQUIREMENTS

Sec.

1013.1.	Certificate and medallion required.
1013.2.	Attachment of a medallion.
1013.3.	Removal of a medallion.
1013.4.	Medallion renewal.

§ 1013.1. Certificate and medallion required.

 A vehicle may not provide citywide taxicab service unless a current and valid certificate is issued by the Authority to the owner of the vehicle and the medallion assigned to that certificate is attached to the vehicle.

§ 1013.2. Attachment of a medallion.

 Only the Enforcement Department may attach a medallion to a vehicle. Prior to attaching the medallion, the Authority will inspect the vehicle, as provided in § 1017.2 (relating to preservice inspection).

§ 1013.3. Removal of a medallion.

 (a) A medallion may only be removed from a vehicle by the Authority, or upon advance written approval from the Authority, by the medallion owner.

 (b) Upon removal from a vehicle, the medallion will be held by the Authority for safe keeping until attachment of the medallion is scheduled with the Authority as provided in § 1013.2 (relating to attachment of a medallion). If removed by the medallion owner, the medallion shall be delivered to the Authority within 2 business days after removal.

§ 1013.4. Medallion renewal.

 (a) A medallion must clearly display the calendar year or years in which it is valid.

 (b) The Authority will schedule each medallion taxicab then in compliance with the act, this part and all orders of the Authority to have its expiring medallion removed and a new medallion attached before December 31 of the year preceding the earliest year displayed on the new medallion.

Subchapter B. LIENS ON MEDALLIONS

Sec.

1013.21.	Notice of medallion lien.
1013.22.	Execution on and seizure of a medallion.
1013.23.	Invalidation upon execution or seizure.

§ 1013.21. Notice of medallion lien.

 A person who accepts a medallion as security shall file its lien in accordance with 13 Pa.C.S. (relating to Uniform Commercial Code). No notice or filing with the Authority of medallion liens is required.

§ 1013.22. Execution on and seizure of a medallion.

 (a) If a medallion lienholder executes on or seizes a medallion, it shall notify the Director of all particulars, in writing, within 5 days of taking the action. Any seized medallion shall be delivered to the Authority within 5 days of seizure and will be held by the Authority pending further disposition.

 (b) A medallion shall be sold within 1 year of seizure or execution as provided in sections 5713 and 5718 of the act (relating to property and licensing rights; and restrictions) and Chapter 1027 (relating to sale of rights).

§ 1013.23. Invalidation upon execution or seizure.

 (a) The execution or seizure of a medallion invalidates the medallion for purposes of providing taxicab service.

 (b) Upon reclaiming a medallion from execution or seizure, a certificate holder shall petition the Director for an order reversing the invalidation imposed by this section. The petition shall be filed with the Clerk and be in a form consistent with § 1005.21 (relating to petitions generally).

 (c) The petition for validation of a medallion shall be granted by the Director upon determination that the certificate holder and the relevant medallion are in compliance with the act, this part and all orders of the Authority.

 (d) Determinations of the Director may be appealed as provided in § 1005.24 (relating to appeals from actions of the staff).

CHAPTER 1015. PARTIAL RIGHTS TAXICABS

Sec.

1015.1.	Purpose.
1015.2.	Certificate required.

§ 1015.1. Purpose.

 This chapter establishes and prescribes certain Authority regulations and procedures for partial-rights taxicab service in Philadelphia.

§ 1015.2. Certificate required.

 (a) A partial-rights taxicab may not provide taxicab service in Philadelphia unless certificated by the Authority.

 (b) Each vehicle operated as a partial-rights taxicab shall be registered with the Department of Transportation in the name of the owner of the partial-rights certificate.

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.	Definitions.
1017.2.	Preservice inspection.
1017.3.	Age and mileage computation.
1017.4.	Age and mileage limitations.
1017.5.	Basic vehicle standards.
1017.6.	Required documents.
1017.7.	Transportation of blind, deaf or physically disabled persons with service animals.

§ 1017.1. Definitions.

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

 Antique vehicle—A motor vehicle, but not a reproduction thereof, that is 25 years old or older as provided in § 1017.3(a) (relating to age and milage computation), 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.

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

 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.

§ 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. Age and mileage computation.

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

 (b) Imputed mileage. 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.

 (c) 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.

§ 1017.4. Age and mileage limitations.

 (a) Retirement age and mileage.

 (1) Except as provided in subsection (c), a taxicab will not be eligible for inspection as provided in § 1017.31 (relating to biannual inspections by Authority) upon reaching an age of 8 years old, as calculated under § 1017.3(a) (relating to age and mileage computations). For example, the last day on which a 2006 model year vehicle may be operated in taxicab service is the day before the taxicab's first scheduled biannual inspection after December 31, 2014.

 (2) Except as provided in subsection (c), a taxicab will not be eligible for inspection as provided in § 1017.31 upon reaching 250,000 cumulative miles on the vehicle's odometer.

 (b) Entry mileage. Except as provided in subsection (c), a vehicle will not be eligible for inspection as provided in § 1017.2 (relating to preservice inspection) if it has 135,000 or more cumulative miles on the vehicle's odometer.

 (c) Antique vehicles. 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).

§ 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 must continually satisfy the applicable Department of Transportation equipment inspection standards in 67 Pa. Code Chapter 175 (relating to vehicle equipment and inspection) when providing taxicab service.

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

 (3) Unless otherwise permitted by the Authority, a medallion taxicab must be equipped with an operable two-way radio connected to a dispatch system approved by the Authority. Unless otherwise permitted by the Authority, a partial-rights taxicab that is not affiliated with a dispatcher must be equipped with an operable two-way radio capable of communication with the certificate holder or an agent of the certificate holder.

 (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 taxicab rates approved by the Authority as provided in section 5703 or 5720 of the act, or both (relating to rates; and wages).

 (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 in 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 or 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 availability of noncash payment options.

 (iii) The list of Passengers' Rights and Driver's Rights issued by the Authority.

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

 (v) 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 travel. 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.

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

 (e) Advertising prohibited.

 (1) Unless otherwise permitted by the Authority and 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. A certificate holder may select a person to conduct the inspections required under this subsection on the certificate holder's behalf.

§ 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 shall 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.

 (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) must be posted on the front fenders of the taxicab and on the rear of the taxicab in print at least 3 inches in height and at least 1/2 inch in width.

 (2) Beginning January 1, 2012, a vehicle will not be eligible for inspection as provided in § 1017.2 or § 1017.31 (relating to preservice inspection; and biannual inspections by Authority) unless the name of the certificate holder appears on the front fenders of the taxicab in print at least 2 inches in height and at least 1/2 inch in width.

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

 (4) If the vehicle is a medallion taxicab, the current medallion must 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.phila park.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 shall 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 is determined 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 must be equipped with one sealed meter that satisfies the requirements in 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 calculate 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 may not be in operation before the taxicab is engaged by a passenger. The taxicab meter must be in operation during the entire time the vehicle is engaged by a passenger.

 (b) A taxicab passenger shall be required to pay only the amount recorded by the taxicab meter.

 (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 are not required to comply with subsection (d).

§ 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. A certificate holder may select a person to conduct the inspections required under this subsection on the certificate holder's behalf.

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