PROPOSED RULEMAKING
PHILADELPHIA
PARKING AUTHORITY
[ 52 PA. CODE CHS. 1017 AND 1019 ]
Taxicab Safety Cameras
[44 Pa.B. 1323]
[Saturday, March 8, 2014]The Philadelphia Parking Authority (Authority), on November 25, 2013, adopted a proposed rulemaking order to provide for the use of safety cameras in Philadelphia taxicabs.
Proposed Rulemaking Order; Philadelphia Taxicab and Limousine Regulations; Doc. No. 126-8
Proposed Rulemaking Order By the Authority:
In accordance with of the act of July 16, 2004, (P. L. 758, No. 94), 53 Pa.C.S. §§ 5701 et seq., as amended, (the ''act''),1 the Authority formally commences its rulemaking process to promulgate a regulation to provide for safety cameras in taxicabs in Philadelphia. The Authority seeks comments from all interested parties on the proposed regulation, which are found at Annex A to this Order.
A. Background and discussion.
The Authority regulates all taxicab and limousine service in Philadelphia, pursuant to the act. The Authority's regulations may be found at 52 Pa. Code Part II. It has been widely recommended to the Authority on several occasions, including a recent public comment hearing related to driver safety issues, that cameras should be affixed to all taxicabs in Philadelphia. The purpose of the cameras is to monitor the environment in which taxicab drivers provide service.
We believe that this monitoring will significantly reduce the rate of violence and crime perpetrated against drivers and assist law enforcement with investigations of such crimes. The images captured by the cameras will also be available to drivers or the Authority in furtherance of regulatory enforcement matters.
B. The regulation.
We propose amending 52 Pa. Code § 1017.5. (relating to basic vehicle standards) by adding a new paragraph to subsection (b) to require each taxicab in Philadelphia to be equipped with an approved safety camera system. We also propose adding a new Subchapter G (relating to safety cameras) to Chapter 1017 (relating to vehicle and equipment requirements) to provide for the general requirements of the safety camera system and the manner in which it may be installed, inspected and operated.
The use of safety cameras in taxicabs is not a new idea. Such cameras are already in place in New York City, New Orleans, Chicago, San Francisco and other US cities. We anticipate that the implementation of this process will be relatively easy because this technology is in wide use. We have already been approached by medallion owners that wish to install such systems and the idea has the wide support of taxicab drivers who view this technology as a crucial tool to make their jobs safer.
§ 1017.5. Basic vehicle standards.
We propose amending 52 Pa. Code § 1017.5(b) (relating to basic vehicle standards) to add the safety camera requirement. The proposed paragraph (26) references the requirements of proposed Subchapter G.
Subchapter G. Safety Cameras
§ 1017.71. Taxicab safety cameras.
We propose adding § 1017.71 that taxicab owners be provided 120 days from the effective date of the regulation to present their taxicabs with an approved and installed safety camera system for inspection by the Authority. We believe that 4 months is a sufficient amount of time, after the notice provided through the promulgation process, to meet these requirements. Because this technology is already in wide use and has been the subject of repeated commenting and public hearings in Philadelphia, we believe that taxicab owners will be able to meet this deadline without significant challenge.
We also propose guidelines related to the initial inspection, sealing and posting of notices necessary to place the camera systems in operation.
§ 1017.72. Safety camera system testing.
We propose adding § 1017.72 to clarify that the testing of the safety camera system may include the actual operation of the taxicab with an inspector while the camera system is engaged. This form of inspection will truly test each unit and provide a method to assure that both the cameras and the recording and data storage process are currently functioning. As with other components of a taxicab, the safety camera system is subject to field inspections by Authority inspectors.
§ 1017.73. Approved safety camera system.
We propose adding § 1017.73 to advise regulated parties of the presence of a list of already approved safety camera systems that will be maintained by the Authority. This is a process similar to that employed as to taxicab meter systems as provided in § 1017.23 (relating to approved meters). The list is not exclusive or mandatory, but provided to assist certificate holders who simply seek to employ an already approved system, in lieu of suggesting an unreviewed safety camera system for approval. We believe we have clarified that point through the addition of subsection (b).
§ 1017.74. Safety camera requirements.
We propose adding § 1017.74 to provide minimum components of what a safety camera system must include. We believe that any system that is capable of meeting the requirements of this section will produce a result that will satisfy the purpose of this rulemaking. However, we have not outlined every system or method of functionality that may be used to achieve these objectives. Because technology steadily advances and often produces products that function at a higher quality, more efficiently and at a lower cost point than the generation of equipment before, we leave room here for the approval of different and evolving systems, without the need to promulgate regulations in order to enroll each enhancement into the system.
The safety camera system must work in conjunction with the approved meter system for several reasons. The meter system itself includes certain safety features that will only be enhanced through the cooperation of the safety camera system. The meter system's existing distress button, required by § 1017.24(d)(8) (relating to meter activation and display), silently communicates the need for assistance to the taxicab driver's dispatch company when pressed by the driver. The dispatcher is able to immediately determine where the driver in distress is located due to the GPS functionality of the meter system. The ability to know that a driver needs help, know where the driver is and be able to see what is happening in the taxicab through simultaneous wireless communication will greatly improve driver safety.
The proposed regulation identifies the areas of the taxicab that must be monitored by the safety camera system. We avoid dictating a specific number of cameras to be used in the event that improving technology provides the means of doing so with fewer cameras than the number of monitored locations would seem now to require.
§ 1017.75. One safety camera system.
We propose adding section 1017.75 to limit each taxicab to only one safety camera system for ease of monitoring and general simplicity purposes. While an owner can switch between approved systems at their own discretion, they may only use one approved system at a time.
§ 1017.76. Certificate holder responsible.
The addition of section 1017.76 will require the taxicab's owner to make certain that the safety camera system works each day. This is the standard that already applies in Philadelphia to the taxicab's overall functionality. The owner may assign a representative to confirm that the safety camera system is functioning. Some certificate holders do not reside in the Philadelphia area and use business managers to supervise certain aspects of taxicab operations.
§ 1017.77. Public notice.
Each taxicab that operates with a safety camera system will display a notice of the presence of the system on the exterior and interior of the taxicab. While we anticipate that the public will receive notice through media releases and other sources, it is important to remind passengers that the taxicab trip is being monitored. This monitoring is a continuation of that which will likely have occurred while the passenger was hailing the taxicab on the street corner or while in the course of a trip on public transportation. Also, we believe that knowledge of the presence of this system will cause those who wish to do drivers harm to reconsider, given the increased likelihood of apprehension represented by that monitoring.
§ 1019.8. Dispatcher requirements.
We propose adding a new paragraph (17) to clarify that dispatchers must be equipped with the necessary communication lines and computer hardware and software necessary to support the safety camera system. Just as with the meter system required by § 1017.23 (relating to approved meters), the safety cameras system must be properly used and supported by the taxicab owner, driver and dispatcher.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on February 25, 2014, the Authority submitted a copy of this proposed rulemaking to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Urban Affairs Committee and the Senate Consumer Protection and Professional Licensure Committee. In addition to submitting the proposed rulemaking, the Commission provided IRRC and will provide the Committees with a copy of a detailed Regulatory Analysis Form. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Authority, the General Assembly and the Governor of comments, recommendations or objections raised.
Conclusion
The Authority, therefore, formally commences its rulemaking process to promulgate this regulation to become part of 52 Pa. Code Part II in a manner consistent with Annex A to this Order. The Authority seeks comments from all interested parties on this proposed body of regulations, which are found at Annex A to this Order. The Authority hereby advises that all comments submitted in response to this Order will be posted, without redaction of name, address, or other personal information or comment provided, on the website of the Independent Regulatory Review Commission, which may be reached at 717-783-5417.
Accordingly, under sections 13 and 17 of the act (53 Pa.C.S. §§ 5722 and 5742); section 5505(d)(17), (23) and (24) of the Parking Authorities Act (53 Pa.C.S. §§ 5505(d)(17), (23) and (24)); sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202), and the regulations promulgated thereunder at 1 Pa. Code §§ 7.1, 7.2, and 7.5; section 204(b) of the Commonwealth Attorneys Act (71 P. S. § 732.204(b)); section 745.5 of the Regulatory Review Act (71 P. S. § 745.5) and section 612 of The Administrative Code of 1929 (71 P. S. § 232), and the regulations promulgated at 4 Pa. Code §§ 7.231—7.234, the Authority proposes adoption of the regulations set forth in Annex A; Therefore,
It Is Ordered That:
1. A proposed rulemaking be opened to consider the regulation set forth in Annex A.
2. The Executive Director shall submit this proposed rulemaking Order and Annex A to the Office of Attorney General for review as to form and legality.
3. The Executive Director shall submit this proposed rulemaking Order and Annex A for review and comments to the Independent Regulatory Review Commission and the Legislative Standing Committees.
4. The Executive Director shall do all such other things necessary to advance this regulation through the appropriate promulgation process in an expeditious manner.
5. The Secretary of the Board shall certify this proposed rulemaking Order and Annex A and that the Executive Director shall deposit them with the Legislative Reference Bureau to be published in the Pennsylvania Bulletin.
6. An original and 15 copies of any written comments referencing the docket number of the proposed regulation be submitted within 30 days of publication in the Pennsylvania Bulletin to the Philadelphia Parking Authority, Attn: General Counsel, 701 Market Street, Suite 5400, Philadelphia, PA 19106.
7. A copy of this proposed rulemaking Order and Annex A shall be served on the City of the First Class Taxicab and Limousine Advisory Committee and a copy shall be posted on the Authority's web site at www.philapark.org/tld.
8. The contact person for this proposed rulemaking is James R. Ney, Director, Taxicab and Limousine Division, (215)-683-9417.
VINCENT J. FENERTY, Jr.,
Executive DirectorFiscal Note: 126-8. No fiscal impact; (8) recommends adoption.
(Editor's Note: See 43 Pa.B. 6373 (October 26, 2013) for proposed amendments to § 1019.8.)
Annex A
TITLE 52. PUBLIC UTILITIES
PART II. PHILADELPHIA PARKING AUTHORITY
Subpart B. TAXICABS
CHAPTER 1017. VEHICLE AND EQUIPMENT REQUIREMENTS
Subchapter A. GENERAL PROVISIONS § 1017.5. Basic vehicle standards.
* * * * * (b) Standard taxicab vehicle requirements. Each taxicab is subject to the following requirements:
* * * * * (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).
(26) A taxicab must be equipped with a safety camera system approved for use as provided in § 1017.71 (relating to taxicab safety cameras).
* * * * * (Editor's Note: The following subchapter is new and printed in regular type to enhance readability.)
Subchapter G. SAFETY CAMERAS Sec.
1017.71. Taxicab safety cameras. 1017.72. Safety camera system testing. 1017.73. Approved safety camera system. 1017.74. Safety camera requirements. 1017.75. One safety camera system. 1017.76. Certificate holder responsible. 1017.77. Public notice. § 1017.71. Taxicab safety cameras.
(a) Generally. Beginning on ______ , (Editor's Note: The blank refers to a date 120 days after the effective date of adoption of this proposed rulemaking.) a taxicab must be equipped with one safety camera system that satisfies the requirements in this subchapter.
(b) Inspection and approval.
(1) A taxicab safety camera system must be inspected by the Authority prior to use.
(2) The Authority will conduct safety camera system testing to ensure the system meets the requirements of this subchapter.
(3) Upon determining that a safety camera system functions properly, the Enforcement Department will:
(i) Download and retain a view captured by each camera lens.
(ii) Seal the data extraction port.
(iii) Post notice of the safety camera system on each side of the exterior of the taxicab.
(4) A safety camera system may not be used in a taxicab unless it is sealed as provided in paragraph (3). When the seal is broken or damaged, the certificate holder shall remove the taxicab from service immediately and schedule a new safety camera system inspection by the Enforcement Department.
(5) In the event that a safety camera system is not fully operational, the taxicab shall be taken out of service and the Enforcement Department shall be notified immediately.
§ 1017.72. Safety camera system testing.
(a) Safety camera system testing may include the road operation of the taxicab with an inspector while the camera system is engaged.
(b) A safety camera system is subject to a field inspection by an inspector at any time and may be tested as part of each scheduled inspection.
§ 1017.73. Approved safety camera system.
(a) The Authority will maintain a list of safety camera systems approved for use in taxicabs. The list may be obtained from the Authority's web site at www.philapark.org/tld.
(b) A safety camera system may be added to the list maintained under this section upon request of a certificate holder and evidence of compliance with this subchapter.
§ 1017.74. Safety camera requirements.
(a) The purpose of this section is to establish certain minimum safety camera system requirements.
(b) A taxicab safety camera system must work in conjunction with the approved meter system used in the taxicab.
(c) The safety camera system must be in operation during the entire time the vehicle's engine is running.
(d) The safety camera system may not make an audio recording.
(e) The safety camera system must record as required under this subchapter in an uninterrupted visual stream without interruption. Timed or sequenced images are not permitted.
(f) The safety camera system must include a number of cameras sufficient to record:
(1) The entire interior of the taxicab, including the faces of all occupants.
(2) Images on the exterior of the taxicab, viewed from the interior of the taxicab. For example, the safety camera system should capture the image of a person who attempts to commit an act or robbery against a driver.
(g) The safety camera system must wirelessly transmit recorded data to TLD Headquarters and other locations designated by the Director.
(h) In the event that a driver presses the distress button required under § 1017.24(d)(8) (relating to meter activation and display), the safety camera system must immediately transmit all images to the taxicab's dispatcher, in addition to the transmission to TLD Headquarters.
§ 1017.75. One safety camera system.
A taxicab is prohibited from containing a safety camera system other than the approved safety camera system that has been inspected and approved by the Authority for use in that taxicab.
§ 1017.76. Certificate holder responsible.
The certificate holder shall inspect each taxicab safety camera system prior to service each day to ensure it is in compliance with this subchapter and is in proper working order. A certificate holder may select a person to conduct the inspections required under this section on the certificate holder's behalf.
§ 1017.77. Public notice.
(a) The Authority will produce a standardized posting to be displayed on taxicabs to provide public notice of the presence of the safety camera system in each taxicab as provided in § 1017.12(b) (relating to required markings and information).
(b) The notice required under this section shall be posted in every taxicab that employs the use of a safety camera system.
CHAPTER 1019. DISPATCHERS § 1019.8. Dispatcher requirements.
A dispatcher shall continually maintain standards and equipment capable of providing prompt and adequate service to the public, including the following:
* * * * * (17) Operate and maintain a safety camera system as provided § 1017.73 (relating to approved safety camera system), including the computer hardware and software means of wireless communication necessary.
[Pa.B. Doc. No. 14-469. Filed for public inspection March 7, 2014, 9:00 a.m.]
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