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

[Continued from previous Web Page]

Subpart C. LIMOUSINES

Chap.

1051.	GENERAL PROVISIONS
1053.	STANDARD CLASSIFICATIONS OF LIMOUSINE SERVICE
1055.	VEHICLES AND EQUIPMENT REQUIREMENTS
1057.	LIMOUSINE DRIVERS
1059.	APPLICATIONS AND SALE OF RIGHTS
1061.	BROKERS
1063.	TARIFFS
1065.	INSURANCE REQUIRED

CHAPTER 1051. GENERAL PROVISIONS

Sec.

1051.1.	Purpose.
1051.2.	Definitions.
1051.3.	Annual rights renewal process.
1051.4.	Annual assessments and renewal fees.
1051.5.	Ineligibility due to conviction or arrest.
1051.6.	Payment of outstanding fines, fees and penalties.
1051.7.	Facility inspections.
1051.8.	Limousine service limitations.
1051.9.	Discrimination in service.
1051.10.	Record retention.
1051.11.	Aiding or abetting violations.
1051.12.	Interruptions of service.
1051.13.	Voluntary suspension of certificate.
1051.14.	Death or incapacitation of a certificate holder or certain persons with controlling interest.
1051.15.	Power of successors by law.
1051.16.	Limitations.
1051.17.	Application review generally.

§ 1051.1. Purpose.

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

§ 1051.2. Definitions.

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

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

 Controlling interest—

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

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

 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 any such power, right or security if it does so through an interest in a subsidiary or successive subsidiaries.

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

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

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

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

 Moving violations—Any debt owed 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.

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

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

§ 1051.3. Annual rights renewal process.

 (a) Expiration of 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 limousine driver's certificate will expire 1 year from its date of issuance or renewal.

 

 (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) Limousine 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, or both.

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

 (i) For limousine certificates, Form LM-1 ''Limousine Renewal'' shall be filed on or before April 1 of each year.

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

 (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 result in a denial of an initial application for the rights.

 (3) The renewing person fails to comply with § 1051.4 (relating to annual assessments and renewal fees).

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

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

§ 1051.4. Annual assessments and renewal fees.

 

 (a) Assessments and renewal fees. The owners of rights issued by the Authority shall pay an annual assessment or renewal fee in an amount established each year under section 5707(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. The annual assessment for certificate holders is due on or before June 30 of each year.

 

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

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

§ 1051.5. 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 over 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) If a regulated party owning a transferable right becomes ineligible to hold rights issued by the Authority due to a conviction, the regulated party shall immediately cease use of the rights and initiate the sale of the rights to an eligible person as provided in Chapter 1059 (relating to applications and sale of rights) 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) If a criminal prosecution is initiated against a regulated party for a crime that may lead to a conviction as defined in § 1001.10, the Enforcement Department or trial counsel may place the subject rights out of service as provided in § 1003.32 (relating to out of service designation).

 (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 to seek 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.

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

 

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

 

 (b) Regulated persons and applicants for any right issued by the Authority shall remain current on the payment of parking violations and 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.

§ 1051.7. Facility inspections.

 

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

 

 (b) 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 § 1059.5 (relating to application for sale of transferable rights) to assure compliance with the act and Chapter 1061 (relating to brokers).

§ 1051.8. Limousine service limitations.

 

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

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

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

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

 

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

 

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

§ 1051.9. 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.

§ 1051.10. Record retention.

 

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

 (1) Limousine certificate holders.

 (i) All Philadelphia limousine service trip logs.

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

 (iii) Each lease agreement for a limousine.

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

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

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

 

 (b) 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 § 1051.7 (relating to facility inspections). If the records require a special form of software to search or interpret, a regulated party shall make that software available to the Authority.

§ 1051.11. 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.

§ 1051.12. Interruptions of service.

 A discontinuance in the provision of limousine service for 5 or more consecutive days shall be reported by the certificate holder to the Manager of Enforcement in writing within 7 days 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.

§ 1051.13. 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 § 1051.12 (relating to interruptions of service) as provided in subsection (c).

 

 (b) A certificate may not be placed in voluntary suspended status for more than 1 year.

 

 (c) To request approval from the Authority for the voluntary suspension of a certificate, the certificate holder shall file a completed a 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.

 (d) Before a CPC-1 is granted, a certificate holder shall be in compliance with § 1051.6 (relating to payment of outstanding fines, fees and penalties) and pay the entire Authority assessment that will come due during the proposed period of voluntary suspension.

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

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

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

 

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

 (1) 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 1059 (relating to applications and sale of rights), including the use of a broker or attorney. Nothing in this section prohibits the legal representative from buying the certificate.

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

 (4) If 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 1059 including the use of a broker or attorney. Nothing in this section prohibits the certificate holder from reacquiring the securities of the person referenced in paragraph (1).

 (3) If an SA-1 for the sale of the securities referenced in paragraph (1) is not correctly filed as provided in Chapter 1059 within 90 days of the date of that person's or persons' 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) If an SA-1 for the sale of the securities referenced in paragraph (1) is correctly filed, as provided in Chapter 1059, within 90 days of the date of the person's death, incapacitation or dissolution, the rights conferred by the certificate shall continue for the duration of the SA-1 review period and through closing on the sale.

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

§ 1051.15. 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.

§ 1051.16. 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.

§ 1051.17. Application review generally.

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

CHAPTER 1053. STANDARD CLASSIFICATIONS OF LIMOUSINE SERVICE

Subchap.

A.	CLASSIFICATIONS
B.	LUXURY LIMOUSINE SERVICE
C.	AIRPORT TRANSFER SERVICE
D.	LARGE VEHICLES AND REMOTE CARRIERS

Subchapter A. CLASSIFICATIONS

Sec.

1053.1.

Standard classifications of limousine service.

§ 1053.1. Standard classifications of limousine service.

 

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

 

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

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

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

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

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

 (3) Remote carrier. A vehicle operated by the holder of a certificate of public convenience from the PUC that engages in limousine service, group and party service or airport transfer service from any airport, railroad station or hotel located in whole or in part in Philadelphia to a location outside Philadelphia through a certificate of public convenience issued by the Authority as provided in section 5741(a.3) of the act (relating to certificate of public convenience required) and under § 1053.43(c) and (f) (relating to certain limousine requirements).

Subchapter B. LUXURY LIMOUSINE SERVICE

Sec.

1053.21.	Purpose.
1053.22.	Method of operation.
1053.23.	Vehicle and equipment requirements.
1053.24.	Consumer information.

§ 1053.21. Purpose.

 This subchapter applies to luxury limousine service.

§ 1053.22. Method of operation.

 

 (a) A common carrier operating luxury limousine service shall have the following rights and be subject to the following conditions:

 (1) To transport persons on an exclusive basis between points as authorized by the certificate, if the order for service is received in advance of the actual rendering of service and not by street hail.

 (2) To charge for service based upon use of a limousine with payment made by a single person or organization and not by passengers as individuals.

 

 (b) Direct, in-person solicitation of a passenger by the driver or a representative of the driver or certificate holder is prohibited.

§ 1053.23. Vehicle and equipment requirements.

 

 (a) Luxury limousine service may be operated only in luxury type vehicles.

 

 (b) Luxury type vehicles are vehicles manufactured or subsequently modified so that they have physical configurations and accessory features that are not considered as being ordinary, standard or commonplace in lower to moderately priced vehicles. Luxury type vehicles are intended to afford patrons a higher level of service and comfort than are ordinarily available in call or demand, paratransit and airport transfer services. To qualify as a luxury type vehicle, a vehicle must have at a minimum: air conditioning, AM/FM stereo radio, deluxe leather or deluxe fabric upholstery, deluxe wheels or wheel covers, four doors and a wheelbase of at least 109 inches. Other amenities which limousine service might afford are CD changer, Internet access, reading lights, work desk or table, cellular phone, refrigerator, television, VCR, DVD player, extended wheelbase and privacy dividers.

§ 1053.24. Consumer information.

 Unless otherwise permitted by the Authority, luxury limousine certificate holders shall post an Authority-issued complaint decal in a conspicuous location inside the vehicle which lists the telephone number and web site to be used to lodge a complaint or provide the following notice on the receipt for service:

For complaints and information, contact the Philadelphia Parking Authority's Taxicab and Limousine Division at (215) 683-9440 or TLDEnforcement@ philapark.org. Include the company name and CPC# for all complaints.

Subchapter C. AIRPORT TRANSFER SERVICE

Sec.

1053.31.	Purpose.
1053.32.	Method of operation.
1053.33.	Tariff and schedule requirements.
1053.34.	Consumer information.

§ 1053.31. Purpose.

 This subchapter applies to airport transfer service.

§ 1053.32. Method of operation.

 A common carrier operating airport transfer service shall have the rights provided in section 5741(a.2) of the act (relating to certificate of public convenience required).

§ 1053.33. Tariff and schedule requirements.

 An airport transfer carrier operating on a scheduled basis shall file with its tariff a copy of the schedule indicating the points served. Rates must be based on provisions contained in tariffs filed, posted and published under statute and this title.

§ 1053.34. Consumer information.

 To provide passengers with the necessary information to file a complaint, airport transfer service certificate holders shall post an Authority-issued complaint decal in a conspicuous location inside the vehicle which lists the telephone number and web site to be used to lodge a complaint or provide the following notice on the receipt for service:

For complaints and information, contact the Philadelphia Parking Authority's Taxicab and Limousine Division at (215) 683-9440 or TLDEnforcement@ philapark.org. Include the company name and CPC# for all complaints.

Subchapter D. LARGE VEHICLES AND REMOTE CARRIERS

Sec.

1053.41.	Large vehicles.
1053.42.	Remote carriers.
1053.43.	Certain limousine requirements. hang§ 1053.41. Large vehicles.

§ 1053.41. Large vehicles.

 (a) A limousine, regardless of the classification provided by this chapter, having a seating capacity of 16 or more passengers, including the driver, must hold a valid PUC certificate to provide the same or a substantially similar classification of common carrier by motor vehicle service to hold Authority limousine rights.

 

 (b) Limousines with a seating capacity of 16 or more passengers, including the driver, are exempt from this subpart, except for the registration and regulation requirements in § 1053.43 (relating to certain limousine requirements).

§ 1053.42. Remote carriers.

 

 (a) A remote carrier, regardless of seating capacity, shall adhere to the requirements in § 1053.43 (relating to certain limousine requirements).

 

 (b) A remote carrier may not provide service from any airport, railroad station and hotel located in whole or in part in Philadelphia without first registering with the Authority and otherwise complying with this chapter.

 

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

§ 1053.43. Certain limousine requirements.

 

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

 

 (b) Certain limousines covered. This section applies to remote carriers as provided in § 1053.42 (relating to remote carriers) and large vehicles as provided in § 1053.41(b) (relating to large vehicles). A vehicle that is both a remote carrier and a large vehicle must comply with the regulations related to large vehicles.

 

 (c) Registration.

 (1) The person shall register each limousine subject to subsection (b) with the Authority by completing and filing with the Director a Form AR-1 ''Alternative Registration'' along with the registration fee as provided in § 1001.42 (relating to mode of payment to the Authority). The AR-1 may be obtained on the Authority's web site at www.philapark.org/tld.

 (2) The Authority registration process will require submission of copies of all relevant PUC certificates or registration documents.

 (3) The registration fee for large vehicles shall be $15 without consideration of the number of large vehicles used by the certificate holder for Fiscal Year 2011-2012 and, thereafter, as provided in the Authority's fee schedule as provided in § 1001.43 (relating to Authority fee schedule).

 (4) The registration of each remote carrier expires on June 30 of each year and may be renewed as provided in paragraph (1) on or before April 1 of each year.

 (d) Regulation.

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

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

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

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

 (f) Remote carrier sticker and certificate.

 (1) Upon compliance with this section, the Authority will issue the remote carrier registrant the following:

 (i) A certificate of public convenience to provide remote carrier service as provided in this chapter. The remote carrier certificate of public convenience will be subject to revocation, under section 5741.1(c)(1) of the act (relating to certificate of public convenience required), if the remote carrier fails to complete the annual registration renewal requirements in subsection (c)(4).

 (ii) A remote carrier sticker for each vehicle registered with the Authority under subsection (c).

 (2) Each remote carrier sticker will display the year in which it is valid.

 (g) Large vehicle certificate. Upon compliance with this section, the Authority will issue the large vehicle registrant a certificate of public convenience to provide service as a large vehicle under this section. The certificate issued under this subsection is not subject to the renewal requirements in this subpart and will be subject to revocation under section 5741.1(c)(1) of the act if the PUC certification required under § 1053.41(a) expires or otherwise becomes invalid.

CHAPTER 1055. VEHICLES AND EQUIPMENT REQUIREMENTS

Subchap.

A.	GENERAL PROVISIONS
B.	LIMOUSINE INSPECTIONS
C.	IMPOUNDMENT OF VEHICLES AND EQUIPMENT

Subchapter A. GENERAL PROVISIONS

Sec.

1055.1.	Definitions.
1055.2.	Limousine rights sticker.
1055.3.	Limousine age and mileage parameters.
1055.4.	Basic vehicle standards.
1055.5.	Required documents.
1055.6.	Transportation of blind or deaf persons with dog guides.

§ 1055.1. Definitions.

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

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

 Compliance inspection—The inspection of a limousine and limousine equipment by the Authority to assure compliance with the act, this part and orders of the Authority, which will include all of the components of a State inspection, except that emissions testing will not occur. Anytime the inspection of a limousine or limousine service related equipment is required by the act, this part or an order of the Authority it will be a compliance inspection.

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

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

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

§ 1055.2. Limousine rights sticker.

 

 (a) A vehicle may not perform limousine service without a valid limousine rights sticker as provided in § 1055.1 (relating to definitions). Limousine rights stickers shall be attached using the adhesive backing supplied with the sticker and may not be taped to the windshield or transferred between vehicles.

 

 (b) The Authority may design limousine rights stickers to identify the class of limousine service authorized under Chapter 1053 (relating to standard classifications of limousine service).

§ 1055.3. Limousine age and mileage parameters.

 

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

 

 (b) Age. A vehicle which is more than 8 years old may continue in operation as a limousine, except that the Director may authorize the operation of antique vehicles as limousines upon review of a petition for waiver as provided in § 1005.23 (relating to petitions for issuance, amendment, repeal or waiver of Authority regulations) and completion of a compliance inspection. For example, the last day on which a 2006 model year vehicle may be operated in limousine service is December 31, 2014.

 

 (c) Mileage.

 (1) A vehicle may not be first introduced for limousine service with a cumulative mileage registered on the odometer of 51,000 miles or more, except that a limousine with a model year age of 5 or less and a cumulative mileage registered on the odometer of less than 75,000 miles may qualify for certification by the Authority contingent upon completion of a compliance inspection.

 (2) Except as provided in paragraph (3), a vehicle shall be removed from limousine service prior to the date the cumulative mileage registered on the vehicle's odometer reaches 350,000 miles.

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

 (d) Imputed mileage.

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

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

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

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

§ 1055.4. Basic vehicle standards.

 

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

 

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

 (1) A limousine must be registered with the Department of Transportation and obtain commercial registration plates identifying the limousine's class of service. Regular license plates cannot be used on vehicles operating under Authority jurisdiction.

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

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

 (4) A limousine must have at least 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 properly stored in the limousine.

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

 (5) A limousine may not use retread tires.

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

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

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

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

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

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

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

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

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

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

 

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

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

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

§ 1055.5. Required documents.

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

 (1) Proof of current and valid financial responsibility.

 (2) Proof of vehicle registration.

 (3) A current trip sheet as provided in § 1057.16 (relating to trip sheet requirements).

§ 1055.6. Transportation of blind or deaf persons with dog guides.

 Limousines must transport dogs trained for the purpose of guiding blind or deaf persons when accompanying blind or deaf persons paying a regular fare. The guide dogs shall be properly leashed and may not occupy a seat.

Subchapter B. LIMOUSINE INSPECTIONS

Sec.

1055.11.	Scheduled compliance inspections.
1055.12.	Offsite inspections.
1055.13.	Failure to appear for scheduled inspection.
1055.14.	Field inspections.
1055.15.	Failure to submit to field inspection.
1055.16.	Reinspection.
1055.17.	Removal of vehicle and change of license plate.
1055.18.	Attendance at scheduled inspection.
1055.19.	Prerequisites to inspection.
1055.20.	Approved models and conditions.
1055.21.	Reconstructed vehicles prohibited.

§ 1055.11. Scheduled compliance inspections.

 In addition to any other inspections required or permitted under the act, this part or an order of the Authority, up to 25% of each certificate holder's limousines registered with the Authority may be required to submit to a scheduled compliance inspection on an annual basis and at a time and location designated by the Authority. The Enforcement Department will designate each limousine for compliance inspection as provided in this section.

§ 1055.12. Offsite inspections.

 With the consent of the certificate holder, inspections scheduled under this section may be conducted by the Enforcement Department at the certificate holder's facility provided the following conditions are met:

 (1) The certificate holder owns and operates at least 50 Authority-certified limousines.

 (2) The certificate holder's facility is a licensed Pennsylvania inspection station certified as provided in 75 Pa.C.S. § 4721 (relating to appointment of official inspection stations).

 (3) The facility is within 30 miles of the TLD's Headquarters.

 (4) The inspection fee for each limousine scheduled for inspection will be double the standard TLD inspection fee as provided in § 1001.43 (relating to Authority fee schedule).

 (5) Each vehicle that fails an inspection for a cause that cannot be fully remedied before the end of the Enforcement Department's offsite inspection shall be presented for reinspection at the Authority facility designated by the TLD.

§ 1055.13. Failure to appear for scheduled inspection.

 If a limousine fails to appear for an inspection as provided in § 1055.11 (relating to scheduled compliance inspections) or another inspection scheduled by the Authority as provided in the act, this part or an order of the Authority, the certificate holder may be subject to a penalty through issuance of a formal complaint.

§ 1055.14. Field inspections.

 

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

 

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

§ 1055.15. Failure to submit to field inspection.

 

 (a) Upon instruction by an inspector, a limousine driver shall stop the limousine and permit the inspector to conduct a field inspection of the limousine as provided in § 1055.14 (relating to field inspections).

 

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

§ 1055.16. Reinspection.

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

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

 

 (a) A certificate holder shall report the removal of a vehicle from Philadelphia limousine service to the Manager of Administration at TLDAdmin@philapark.org within 48 hours of removal.

 

 (b) A certificate holder shall report the change of the Department of Transportation license plate issued to a limousine to the Manager of Administration at TLDAdmin@philapark.org within 48 hours of the license plate change.

§ 1055.18. Attendance at scheduled inspection.

 

 (a) The certificate holder or its attorney-in-fact shall attend each limousine inspection conducted by the Authority, except field inspections as provided in § 1055.14 (relating to field inspections).

 

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

§ 1055.19. Prerequisites to inspection.

 

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

 

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

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

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

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

 

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

§ 1055.20. Approved models and conditions.

 The Authority will publish a list of approved makes and models of vehicles by classification permitted for use as limousines, which will be available at www.philapark.org/tld. The list of approved makes and models of vehicles is not exclusive and may be amended upon written request to the Manager of Administration.

§ 1055.21. Reconstructed vehicles prohibited.

 Salvaged or reconstructed vehicles may not provide limousine service.

Subchapter C. IMPOUNDMENT OF VEHICLES AND EQUIPMENT

Sec.

1055.31.	General.
1055.32.	Impoundment of vehicles and equipment.

§ 1055.31. General.

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

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

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

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

§ 1055.32. Impoundment of vehicles and equipment.

 

 (a) Impoundments generally. The Authority may impound vehicles and equipment used to provide limousine service as provided in section 5741(f) of the act (relating to certificate of public convenience required).

 

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

 (c) Notice of impoundment. The Authority will issue a notice of impoundment to the registered owner of the vehicle and registered lienholder of the vehicle, or both, if any, as provided in section 5741(f)(2)(ii) of the act.

 (d) Recovery of impounded property. Except as provided in subsection (g), the owner or lienholder of the property impounded as provided in this section may recover the impounded property by paying all penalties, fines and costs required under section 5741(f)(1) of the act.

 (e) Public auction. Confiscated property may be sold at public auction as provided in section 5741(f)(2)(i) of the act.

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

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

 (h) Emergency hold on impounded property.

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

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

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

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

CHAPTER 1057. LIMOUSINE DRIVERS

Sec.

1057.1.	Purpose and scope.
1057.2.	Certification required.
1057.3.	Continuing certificates.
1057.4.	Ineligible persons for limousine driver certificate.
1057.5.	Standards for obtaining a limousine driver's certificate.
1057.6.	Application changes.
1057.7.	Limousine driver training.
1057.8.	Certain training subjects.
1057.9.	Limousine driver test.
1057.10.	Driver requirements.
1057.11.	Additional requirements.
1057.12.	Interstate commerce regulation.
1057.13.	Limousine driver's certificate upon cancellation.
1057.14.	General limousine driver reports.
1057.15.	Limousine driver reports after accident.
1057.16.	Trip sheet requirements.

§ 1057.1. Purpose and scope.

 

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

 

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

§ 1057.2. Certification required.

 

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

 

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

 

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

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

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

§ 1057.3. Continuing certificates.

 

 (a) Beginning on December 3, 2011, driver certification rights previously issued by the Authority under section 5706 of the act (relating to driver certification program) shall be designated by the certified driver as either a taxicab driver's certificate or limousine driver's certificate at the time those rights are scheduled for renewal as provided in § 1051.3 (relating to annual rights renewal process).

 

 (b) If all other terms of renewal are met, the TLD will renew the driver's certificate only for the rights selected by the renewing driver as provided in subsection (a).

 

 (c) This section will not prohibit a limousine driver from obtaining a separate taxicab driver certificate as provided in Subpart B (relating to taxicabs).

§ 1057.4. Ineligible persons for limousine driver certificate.

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

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

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

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

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

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

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

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

 

 (a) General. Except as provided in § 1057.3 (relating to continuing certificates), to obtain a limousine driver's certificate an individual shall complete and file with the Director a Form DR-1 ''Driver Application,'' along with the application fee as provided in §§ 1001.42 and 1001.43 (relating to mode of payment to the Authority; and Authority fee schedule). The DR-1 may be obtained on the Authority's web site at www.philapark.org/tld.

 

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

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

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

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

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

 (5) An authorization to release the applicant's criminal history report from the State Police to the Authority.

 (6) A certified copy of the applicant's criminal history report for each jurisdiction other than the Commonwealth in which the applicant resided during the 5 years immediately preceding the filing of the application. Each criminal history report shall be certified within 30 days of the filing of the application. If an applicant has been present in the United States for less than 5 years, the applicant shall meet the requirements in this subsection by consenting to the release to the Authority of a similar driver history report maintained by another country, the International Criminal Police Organization or the United States government for the 5-year period immediately preceding the filing of the application.

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

 (8) A certified copy of the driver history report from each jurisdiction, other than the Commonwealth, in which the applicant was licensed during the 5 years immediately preceding the filing of the application. Each driver history report shall be certified within 30 days of the filing of the application. If an applicant has been present in the United States for less than 5 years, the applicant shall meet the requirements in this subsection by consenting to the release to the Authority of a similar driver history report maintained by another country for the 5-year period immediately preceding the filing of the application.

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

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

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

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

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

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

§ 1057.6. Application changes.

 

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

 

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

§ 1057.7. Limousine driver training.

 Limousine driver applicants will be provided with training information for review.

§ 1057.8. Certain training subjects.

 

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

 (1) Authority regulations governing limousine drivers.

 (2) Authority regulations governing limousine certificate holders.

 (3) Authority regulations governing equipment.

 (4) Penalties for violation of Authority regulations.

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

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

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

 (i) Defensive driving techniques.

 (ii) Emergency aid.

 (iii) Vehicle and equipment inspections.

 (iv) Crime prevention.

 (v) Accident reporting procedures.

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

 (i) Map reading.

 (ii) Overview of major street and traffic patterns.

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

 

 (b) The applicant shall schedule a time and date for testing under § 1057.9 (relating to limousine driver test) with the Manager of Administration.

§ 1057.9. Limousine driver test.

 

 (a) The Authority will develop a test to assure applicants for a limousine driver's certificate understand the information identified in § 1057.8 (relating to certain training subjects).

 

 (b) The test will be administered in the English language. The assistance of interpreters will not be permitted. An applicant's responses to test questions shall be in the English language.

 

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

 (1) Questions requiring a written response.

 (2) Multiple choice questions.

 (3) Oral questions.

 (4) Demonstration of an ability to operate a motor vehicle and use limousine related equipment.

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

 (e) Failure to pass the test required by this section within 90 days of the filing of the DR-1 application as provided in § 1057.5 (relating to standards for obtaining a limousine driver's certificate) will render the application void.

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

§ 1057.10. Driver requirements.

 

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

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

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

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

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

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

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

 

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

 

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

 (d) Driver history report. A driver history report that evidences a violation or series of violations which relate to dangerous driving activities may form the basis of a denial of a limousine driver's certificate application, a denial of the annual renewal as provided § 1051.3 (relating to annual rights renewal process), or a formal complaint to suspend or cancel the limousine driver's certificate.

§ 1057.11. Additional requirements.

 

 (a) Each limousine driver shall know the rights and limitations of any limousine used to provide limousine service, including applicable geographical limitations.

 

 (b) A limousine driver may not provide limousine service with an expired limousine driver's certificate.

 

 (c) A limousine driver may not provide limousine service without a valid driver's license.

§ 1057.12. Interstate commerce regulation.

 No requirement of this subpart, or any Authority regulation, may be interpreted to disrupt or interfere with interstate commerce exclusively regulated by or preempted by the government of the United States.

§ 1057.13. Limousine driver's certificate upon cancellation.

 

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

 

 (b) An individual subject to cancellation of a limousine driver's certificate may not apply to the Authority for a new driver's certificate, including a taxicab driver's certificate as provided under § 1021.5 (relating to standards for obtaining a taxicab driver's certificate), for 2 years from the date the cancellation was entered. If the individual subject to cancellation also holds a taxicab driver's certificate, that driver's certificate will be cancelled with the limousine driver's certificate.

 

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

§ 1057.14. General limousine driver reports.

 A limousine driver shall make timely written reports to the Manager of Administration as required under the act, this part or an order of the Authority, including the following:

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

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

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

§ 1057.15. Limousine driver reports after accident.

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

 (1) Stop immediately.

 (2) Provide driver's license, registration, insurance, other information required by Pennsylvania law and the name of the limousine's certificate holder.

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

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

 (ii) To the certificate holder.

§ 1057.16. Trip sheet requirements.

 

 (a) A driver of a luxury type vehicle engaged in providing limousine service shall have a trip sheet in the vehicle evidencing that the vehicle is in service. The trip sheet must contain the following information:

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

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

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

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

 (5) The fare paid for the trip.

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

 

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

 

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

CHAPTER 1059. APPLICATIONS AND SALE OF RIGHTS

Sec.

1059.1.	Purpose.
1059.2.	Applications for limousine rights.
1059.3.	Authority approval of sale of rights.
1059.4.	Agreement of sale.
1059.5.	Application for sale of transferable rights.
1059.6.	Required application information.
1059.7.	Additional application requirements.
1059.8.	Financial fitness generally.
1059.9.	Regulatory compliance review.
1059.10.	Authority review.
1059.11.	Approval process and closing on sale.
1059.12.	Settlement sheet.
1059.13.	Commencement of service.

§ 1059.1. Purpose.

 This chapter establishes and prescribes Authority regulations and procedures for applications for limousine certificates and sale of certain rights issued by the Authority.

§ 1059.2. Applications for limousine rights.

 

 (a) Except as provided in subsection (c), to obtain a certificate to operate a class of limousine service as provided in Chapter 1053 (relating to standard classifications of limousine service), a person shall complete and file with the Director a Form LM-2 ''Limousine Certificate Application,'' along with the application fee as provided in §§ 1001.42 and 1001.43 (relating to mode of payment to the Authority; and Authority fee schedule). The LM-2 may be obtained on the Authority's web site at www.phila park.org/tld.

 

 (b) The standards of review applicable to LM-2 applications will be the same as those applicable to a proposed buyer of rights as provided in this chapter.

 

 (c) To obtain a certificate to operate as a large vehicle or remote carrier as provided in Chapter 1053, a person shall complete the registration process provided for in § 1053.43(c) (relating to certain limousine requirements).

§ 1059.3. Authority approval of sale of rights.

 

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

 

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

 (1) The securities to be transferred equal or exceed 2% of the issued securities in the entity that holds an ownership interest in a transferrable right.

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

§ 1059.4. Agreement of sale.

 

 (a) The parties to a proposed sale of transferable rights shall complete an agreement of sale detailing the terms of the transaction, including provisions required by this chapter, and file the agreement with the Director.

 

 (b) An agreement of sale for transferable rights is void by operation of law if not executed by all parties in the presence of the Director or a designee.

§ 1059.5. Application for sale of transferable rights.

 

 (a) Application documents.

 (1) To initiate a sale, the owner and proposed buyer shall file an original and one copy of Form No. SA-1 ''Sale Application,'' the agreement of sale or transfer and other documents required by this chapter. The proposed buyer will be considered the applicant. The SA-1 is available at www.philapark.org/tld.

 (2) The SA-1 shall be filed in person with the Director.

 (3) The Director will refuse to accept an application which is incomplete for any reason.

 (4) Upon acceptance, the Director will submit a copy of the application documents to the Clerk and an application docket number will be assigned.

 

 (b) Application signatures.

 (1) Both parties to the sale shall execute the SA-1 in the presence of the Director or a designee.

 (2) Except for individuals, an original executed and notarized resolution from the buyer and seller authorizing the execution of the sale documents must be included with the filing of the SA-1.

 (3) The Authority may permit an SA-1 to be executed by an attorney-in-fact if the owner or proposed buyer are unable to appear and as provided in § 1001.28 (relating to power of attorney), in which case the owner will be required to attend the closing on the sale.

 

 (c) Verification and payment. The SA-1 must be verified under § 1001.36 (relating to verification and affidavit) and be accompanied by payment of the transfer fee as provided in §§ 1001.42 and 1001.43 (relating to mode of payment to the Authority; and Authority fee schedule).

 (d) Multiple rights. The SA-1 may be used to sell an unlimited number of transferable rights from one owner to one proposed buyer.

 (e) Broker. Documents intended for submission to the Director as part of the sale process must be prepared by a broker registered with the Authority as provided in Chapter 1061 (relating to brokers) or an attorney admitted to practice law by the Supreme Court of Pennsylvania.

§ 1059.6. Required application information.

 

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

 

 (b) Required information. The completed SA-1 must include the information required by the Authority, including the following:

 (1) The certificate numbers.

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

 (3) If the proposed buyer is a nonindividual person and is not already a certificate holder, a contemporaneous certificate of good standing for the proposed buyer issued by the Corporation Bureau within 30 days of filing the SA-1.

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

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

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

 (7) A statement of the proposed buyer's corporate purpose, if applicable.

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

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

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

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

 (i) An individual proposed buyer.

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

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

 (iv) A key employee.

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

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

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

§ 1059.7. Additional application requirements.

 

 (a) Agreement of sale. The agreement of sale required under this chapter must include the information required by the Authority, including the following:

 (1) All parties to the transaction.

 (2) A description of the transaction.

 (3) The identification number of each right subject to sale.

 (4) The total consideration for the sale and for each right transferred if the sale involves multiple rights in United States dollars, and any payment terms required by the Authority, including the following:

 (i) The assumption of any loan or debt.

 (ii) Contingencies and nonmonetary consideration.

 (iii) Monetary consideration.

 (5) An acknowledgement initialed by all parties that the agreement is subject to the laws and jurisdiction of the Commonwealth, the act, this part and orders of the Authority.

 

 (b) Execution of agreement of sale.

 (1) The proposed agreement of sale must be signed by all parties before the Director or a designee on or before the date the SA-1 is filed.

 (2) The Authority may permit an agreement of sale to be executed by an attorney-in-fact if the owner or proposed buyer are unable to appear and as provided in § 1001.28 (relating to power of attorney).

 

 (c) Loan documents.

 (1) Any consideration identified in subsection (a)(4) that is provided to a proposed buyer must be evidenced in the form of written agreements. For example, the loaning of cash money to a proposed buyer by a bank must be confirmed through loan documents executed by the borrowing party.

 (2) Documents required by paragraph (1) shall be submitted to the Director at the time the SA-1 is filed, except that specific financial information that cannot be known until on or about the closing date for the sale may be left blank. The final loan documents must be executed at the closing on the sale.

 (d) Continuing service. The owner of the rights subject to sale shall confirm that the rights will remain in active service pending review of the application, unless prohibited or authorized for suspension by a provision of this part or an order of the Authority.

 (e) Notice.

 (1) Notice of applications will be published in the Pennsylvania Bulletin as provided in § 1003.53 (relating to applications requiring notice).

 (2) The parties to the sale will receive notices related to the SA-1 as provided in § 1001.51 (relating to service by the Authority).

§ 1059.8. Financial fitness generally.

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

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

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

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

§ 1059.9. Regulatory compliance review.

 

 (a) An SA-1 will be denied if the proposed buyer has a record of regulatory violations with the Authority or the PUC which evidences a disregard for the public interest.

 

 (b) A proposed buyer that has been subject to the suspension, revocation or cancellation of common carrier rights by the Authority or the PUC during the 1-year period immediately preceding the date the SA-1 was filed with the Authority will be ineligible to purchase rights.

§ 1059.10. Authority review.

 

 (a) Notice of the granting of an application for a limousine certificate or approval of a sale will be published in the Pennsylvania Bulletin.

 

 (b) The SA-1 will be reviewed as provided in § 1003.51 (relating to applications generally).

 

 (c) The SA-1 will be denied if the proposed buyer or any person with a controlling interest in the proposed buyer or a key employee of the proposed buyer is in violation of any provision of this part or if the Authority determines that the sale is not in the public interest. The SA-1 may be denied if the owner is in violation of any provision of this part.

§ 1059.11. Approval process and closing on sale.

 

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

 

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

 

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

§ 1059.12. Settlement sheet.

 

 (a) The owner and proposed buyer shall use the Form SA-2 ''Standard Settlement Sheet'' at any closing on the sale of rights. The SA-2 is available on the Authority's web site at www.philapark.org/tld.

 

 (b) The SA-2 must include the information required by the Authority, including the following:

 (1) The names and addresses of the owner and proposed buyer.

 (2) The names and address of the brokers or attorneys used in the transaction.

 (3) The name and address of the lender and a designated contact person employed by the lender, if any.

 (4) A copy of all certificates or other documents authorizing the lender to make commercial loans in this Commonwealth.

 (5) The amount, term and interest rate of any loan used to purchase the rights.

 (6) The certificate numbers.

 (7) The total consideration for the rights to be sold and any payment terms, including loan contingencies and nonmonetary consideration.

 (8) An allocation of funds expended in the transaction.

 (9) Fees and costs associated with the sale, including those payable to any broker or attorney, or both.

 (10) Signatures of the owner and proposed buyer, or their designated agents, and the brokers.

§ 1059.13. Commencement of service.

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

CHAPTER 1061. BROKERS

Sec.

1061.1.

Broker registration.

§ 1061.1. Broker registration.

 

 (a) An individual seeking registration as a broker shall apply to the Director as provided in Chapter 1029 (relating to brokers).

 

 (b) Any party may use an attorney admitted to practice law before the Supreme Court of Pennsylvania, in lieu of a broker.

CHAPTER 1063. TARIFFS

Sec.

1063.1.	Definition.
1063.2.	Limousine rates and tariffs.

§ 1063.1. Definition.

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

 Tariff—Schedules of rates, rules, regulations, practices or contracts involving any rate and schedules showing the method of distribution of the facilities of the certificate.

§ 1063.2. Limousine rates and tariffs.

 

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

 

 (b) Limousine rates shall be based solely on time, and shall be contained in a tariff filed, posted and published as provided in the act and this part. The use of meters is prohibited. The initial time period and each subsequent increment must be at least 30 minutes.

 

 (c) Except when inconsistent with the act, this part or an order of the Authority, limousine certificate holders shall charge rates and maintain and file tariffs with the Director in a manner consistent with relevant portions of 52 Pa. Code Chapter 23 (relating to tariffs for common carriers).

CHAPTER 1065. INSURANCE REQUIRED

Sec.

1065.1.

Limousine insurance.

§ 1065.1. Limousine insurance.

 

 (a) Insurance requirements generally. Except as provided in subsection (b), a limousine certificate holder shall comply with the relevant portions of Chapter 1025 (relating to insurance required), including the filing of Form E and Form K documents.

 

 (b) Limousine insurance required.

 (1) A regulated party may not engage in limousine service and the certificate of public convenience will not be issued, or remain in force, except as provided in § 1025.4 (relating to applications to self-insure) until there has been filed with and approved by the Authority a certificate of insurance by an insurer authorized to do business in this Commonwealth, to provide for the payment of valid accident claims against the insured for bodily injury to or the death of a person, or the loss of or damage to property of others resulting from the operation, maintenance or use of a limousine in the insured authorized service.

 (2) The liability insurance maintained by a limousine certificate holder shall be in an amount at least $1,500,000 to cover liability for bodily injury, death or property damage incurred in an accident arising from authorized service. Except as to the required amount of coverage, these benefits must conform to 75 Pa.C.S. Chapter 17 (relating to Motor Vehicle Financial Responsibility Law). First party coverage of the limousine driver of limousines must meet the requirements in 75 Pa.C.S. § 1711 (relating to required benefits).

 (3) The certificate holder's loss history with a current or former insurer shall be released to the Authority within 2 business days of a request by the Authority. The certificate holder shall authorize any release required by the insurer to facilitate the timely delivery of the loss history to the Authority.

 (4) The Authority may direct insurers to file proof of insurance both electronically and in hard copy.

 (5) The limits in paragraph (2) do not include the insurance of cargo.

 (6) The requirements in § 1025.3 (relating to insurance required) do not apply to limousines.

[Pa.B. Doc. No. 11-2099. Filed for public inspection December 2, 2011, 9:00 a.m.]

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