RULES AND REGULATIONS
Title 52—PUBLIC UTILITIES
PHILADELPHIA PARKING AUTHORITY
[ 52 PA. CODE CHS. 1001, 1011 AND 1051 ]
Annual Filing Requirements
[44 Pa.B. 6665]
[Saturday, October 18, 2014]The Philadelphia Parking Authority (Authority), on July 30, 2014, adopted a final-form rulemaking order to modify existing annual filing requirements to eliminate reference to the term ''expire'' when used in conjunction with a certificate of public convenience and that filing requirement. While the Authority's regulations do not provide for the expiration of certificates of public convenience, some industry members have expressed confusion over the use of this term. The final regulation is intended only for those clarification purposes.
Philadelphia Taxicab and Limousine Regulations; Annual Information Review; Doc. No. 126-9
Final Rulemaking Order By the Authority:
The Authority is the sole regulator of all taxicab and limousine service in Philadelphia.1 In furtherance of those regulatory functions, the Authority issued a proposed regulation at this docket number on March 25, 2014. The initial public comment period for this rulemaking proceeding concluded on June 9, 2014, the Independent Regulatory Review Commission (''IRRC'') submitted its comments on July 9, 2014. The Authority has completed its review of the comments and now issues the final-form regulation.
Purpose of the Final-Form Regulation
The Authority's existing regulations require all regulated parties to make an annual information filing (renewal) with the Authority to ensure that the individual or business entity is in continuing compliance with the act and the Authority's orders and regulations. This annual update or ''renewal'' process was an issue during the promulgation of the regulations because of the regulations use of the term ''expired'' regarding certificates of public convenience. See 41 Pa.B. 6499, 6526 (December 11, 2011).
In order to eliminate confusion, the final-form regulation will eliminate the use of the word expired as to taxicab, limousine and dispatcher certificates of public convenience. Because driver certificates and broker registrations do expire, the term will continue to apply in that context. Driver certificates and broker registrations will continue to be subject to an annual review process that will include the potential for expiration of those authorizations.
Discussion
The Authority has reviewed IRRC's comments to the proposed regulation and has adopted each recommended change. There were no public comments.
§ 1011.4. Annual assessments and renewal fees.
This section remains unchanged from the proposed regulation, except where changed in subsections (b) and (c) to clarify that a certificate holder has 30 days from the date of an assessment notice to make either the entire payment or an installment payments, as permitted. IRRC suggested these clarifications, which will also be more closely aligned with the language of the statute. See 53 Pa.C.S. § 5707.1(a). We agree with IRRC's comment and have also made this clarification applicable to limousine CPC holders in § 1051.4 (relating to annual assessments and renewal fees).
§ 1051.3. Annual rights renewal process.
This section remains unchanged from the proposed regulation, except where changed in subsections (g)(6). The term ''TLD Inspection'' sticker is amended and replaced with ''Limousine Rights'' sticker, which is the name of the annual sticker issued to limousine companies. The term limousine rights sticker is defined in § 1055.1. The Authority does not issue an ''Inspection Sticker'' annually to each limousine, because only a portion of the fleet of limousines in Philadelphia is inspected each year, whereas taxicabs are inspected twice each year.
Also, in the same sentence, IRRC correctly noted that the term ''taxicab'' is used instead of ''limousine.'' That error has been corrected.
§ 1051.4. Annual assessment and renewal fees.
This section remains unchanged from the proposed regulation, except where we have corrected an inaccurate cross reference noted by IRRC. The reference to § 1051.3(c)(4) has been corrected to ''§ 1051.3(c)(3).''
Affected Parties
The regulation will affect the holders of an Authority certificate of public convenience or renewable authority rights, but will not create any new obligation or burden. The filing requirements at issue predate the final-form regulation.
Fiscal Impact
The final-form regulation will have no fiscal impact or increase any paperwork obligation as to any party, the Commonwealth, any political subdivisions, private sector person or the general public.
Effective Date and Conclusion
The final-form rulemaking will become effective upon publication in the Pennsylvania Bulletin. 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, act of June 19, 2001 (P. L. 287, No. 22) (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); 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 final regulations set forth in Annex A; Therefore,
It Is Ordered That:
1. The regulations of the Authority, 52 Pa. Code Chapters 1001, 1011 and 1051, are amended by amending §§ 1001.43, 1011.3, 1011.4, 1051.3 and 1051.4 to read as set forth in Annex A.
2. The Executive Director shall cause this order and Annex A to be submitted to the Office of Attorney General for approval as to legality.
3. The Executive Director shall cause this order and Annex A to be submitted for review by the designated standing committees of both Houses of the General Assembly, and for formal review by the Independent Regulatory Review Commission.
4. The Executive Director shall cause this order and Annex A to be submitted for review by the Governor's Budget Office for review of fiscal impact.
5. The Executive Director shall cause this order and Annex A to be deposited with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
6. The Executive Director shall serve copies of this order and Annex A upon each of the commentators and take all other actions necessary to successfully complete the promulgation of this regulation.
7. The regulations embodied in Annex A shall become effective upon publication in the Pennsylvania Bulletin.
8. The contact person for this rulemaking is Dennis G. Weldon, Jr., General Counsel, (215) 683-9630.
VINCENT J. FENERTY, Jr.,
Executive Director(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 44 Pa.B. 6051 (September 20, 2014).)
Fiscal Note: Fiscal Note 126-9 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 52. PUBLIC UTILITIES
PART II. PHILADELPHIA PARKING AUTHORITY
Subpart A. GENERAL PROVISIONS
CHAPTER 1001. RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE
Subchapter E. FEES § 1001.43. Authority fee schedule.
(a) Issuance. The Authority will issue a new fee schedule for each fiscal year under section 5710(a) of the act (relating to fees).
(b) Notice. The Authority will provide general notice of the new fee schedule through publication in the Pennsylvania Bulletin. The Authority will provide direct notice of the fee schedule by email to each certificate holder within 5 days of its effective date. The current fee schedule may be obtained from the Authority's web site at www.philapark.org/tld.
(c) Supersession. Subsection (a) supersedes 1 Pa. Code §§ 33.21(b) and 33.23 (relating to filing fees; and copy fees).
Subpart B. TAXICABS
CHAPTER 1011. GENERAL PROVISIONS § 1011.3. Annual rights renewal process.
(a) Expiration of driver and broker rights. All driver and broker rights will expire annually as follows:
(1) A taxicab driver's certificate will expire 1 year from its date of issuance or renewal.
(2) Except as provided in subsection (f), a broker registration will expire on June 30 of each year.
(b) Expired rights.
(1) Expired rights will be placed out of service by the Authority as provided in § 1003.32 (relating to out of service designation).
(2) Taxicab driver certificates that have been expired for 1 year or more will be deemed cancelled.
(c) Renewal forms.
(1) Rights in subsection (a) shall be renewed by completing and filing the required renewal form with the Manager of Administration. Renewal forms may be obtained on the Authority's web site at www.philapark.org/tld or from TLD Headquarters.
(2) The renewal forms may require the submission of additional information or documents to confirm continuing eligibility under the act or this part.
(3) The renewal forms must be verified as provided in § 1001.36 (relating to verification and affidavit) and filed as follows:
(i) For taxicab drivers' certificates, Form DR-3 ''Driver Renewal'' shall be filed between 60 and 90 days before the expiration date printed on the taxicab driver's certificate.
(ii) For broker registrations, a Form BR-4 ''Broker Renewal'' shall be filed on or before February 15 of each year.
(d) Renewal denial. The Authority will deny renewal of rights in the following circumstances:
(1) If the owner of the rights subject to renewal fails to complete the renewal process.
(2) The renewal process reveals information about the renewing person that would have resulted in a denial of an initial application for the rights.
(3) The renewing person fails to comply with § 1011.4 (relating to annual assessments and renewal fees).
(e) Suspended driver and broker rights. Rights subject to suspension for any reason must be renewed on the dates and in the manner provided by subsection (c)(3) regardless of the suspended status.
(f) New certificates and registrations. A certificate or broker registration will not be subject to the renewal or annual information filing requirements in this section during the calendar year in which it is first issued.
(g) Taxicab and dispatcher information filing.
(1) The owner of taxicab or dispatcher rights shall complete the annual information filing required under this subsection to ensure continued compliance with the act, this part and the orders of the Authority.
(2) The annual information filing required under this subsection must be verified as provided in § 1001.36 and filed with the Manager of Administration as follows:
(i) For medallion taxicab certificates, Form TX-1 ''Medallion Renewal'' shall be filed on or before February 15 of each year.
(ii) For partial-rights taxicab certificates, Form PR-1 ''Partial Rights Renewal'' shall be filed on or before March 31 of each year.
(iii) For dispatcher certificates, Form DSP-6 ''Dispatcher Renewal'' shall be filed on or before March 31 of each year.
(3) The forms identified in paragraph (2) may require the submission of additional information or documents in furtherance of that review and may be obtained on the Authority's web site at www.philapark.org/tld or from TLD Headquarters.
(4) The filing requirements of this subsection apply to rights subject to suspension for any reason.
(5) The failure to file Form LM-1 will subject the applicable rights to an out of service designation as provided in § 1003.32.
(6) The TLD will not issue a TLD inspection sticker to a vehicle operated through a taxicab certificate if the review of the information required under this section reveals information about the certificate holder that would have resulted in a denial of an initial application for the rights. This paragraph does not relieve a certificate holder of any other penalty that may result from noncompliance, nor the obligation to appear at inspections as directed by the TLD.
§ 1011.4. Annual assessments and renewal fees.
(a) Assessments and renewal fees. The owners of rights issued by the Authority shall pay an annual assessment or renewal fee in an amount established each year under section 5707(a) and (c) of the act (relating to budget and assessments) 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. Assessment payments shall be made by each certificate holder within 30 days after service of the notice of assessment as provided in section 5707.1(a) of the act (relating to assessment notice and hearings).
(c) Installment payments. Upon request by a taxicab certificate holder through the annual renewal form required under § 1011.3(g) (relating to annual rights renewal process), the Director may permit certificate holders to pay the assessment in two equal installments within 30 days after service of the notice of assessment as provided in section 5707.1(a) of the act and December 15 of each year, as limited under subsections (d) and (e).
(d) Assessment payment by appointment.
(1) In person appointments to make installment payments for annual assessments may be scheduled by the Director any time after the renewal form is filed. The Director may reschedule appointment times to accommodate the availability of the certificate holder. Notice of appointment times will be provided at least 10 days in advance and as provided in § 1001.51 (relating to service by the Authority).
(2) The scheduled appointment will become the new due date for the installment assessment payment.
(3) The Authority will provide notice of assessment payment appointments as provided in § 1001.51.
(e) Eligibility. A certificate will be ineligible for assessment installment payments if the certificate holder or any person having a controlling interest in the certificate holder has done any of the following in the previous 2 years:
(1) Failed to pay an assessment to the Authority on schedule.
(2) Failed to begin and complete the annual rights renewal process on schedule.
(3) Been subject to suspension or cancellation of any rights issued by the Authority under the act, this part or an order of the Authority.
(f) Payment of renewal fees by taxicab drivers. The annual renewal fee for taxicab drivers is due with the filing of the DR-3 as provided in § 1011.3(c)(3)(i).
(g) Payment of renewal fees by brokers. The annual renewal fee for brokers is due with the filing of the BR-4 as provided in § 1011.3(c)(3)(ii).
(h) Late assessment or renewal fee payments.
(1) An installment assessment payment will be considered late if not paid at the appointed time and date for payment.
(2) Rights issued by the Authority may be placed out of service at the time an assessment or renewal fee payment becomes late, as provided in § 1003.32 (relating to out of service designation).
Subpart C. LIMOUSINES
CHAPTER 1051. GENERAL PROVISIONS § 1051.3. Annual rights renewal process.
(a) Expiration of driver's certificate. 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) Limousine driver certificates shall be renewed by completing and filing the Form DR-3 ''Driver Renewal'' 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) Form DR-3 may require the submission of additional information or documents to confirm continuing eligibility under the act, this part and orders of the Authority and must be verified as provided in § 1001.36 (relating to verification and affidavit).
(3) Form DR-3 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 a limousine driver certificate 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 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 driver 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. A certificate will not be subject to the information filing requirements of subsection (g) during the calendar year in which it is first issued.
(g) Limousine information filing.
(1) The owner of limousine rights shall complete on an annual basis Form LM-1 ''Limousine Renewal'' to ensure continued compliance with the act, this part and the orders of the Authority.
(2) Form LM-1 shall be verified as provided in § 1001.36 and filed with the Manager of Administration on or before March 31 of each year.
(3) Form LM-1 may require the submission of additional information or documents and may be obtained on the Authority's web site at www.philapark.org/tld or from TLD Headquarters.
(4) The filing requirements of this subsection apply to rights subject to suspension for any reason.
(5) The failure to file Form LM-1 will subject the applicable rights to an out of service designation as provided in § 1003.32.
(6) The TLD will not issue a limousine rights sticker to a vehicle operated through a limousine certificate if the review of the information required under this section reveals information about the certificate holder that would have resulted in a denial of an initial application for the rights. This paragraph does not relieve a certificate holder of any other penalty that may result from noncompliance, nor the obligation to appear at inspections as directed by the TLD.
§ 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(a) and (c) of the act (relating to budget and assessments) 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 within 30 days after service of the notice of assessment as provided in section 5707.1(a) of the act (relating to assessment notice and hearings).
(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) (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).
[Pa.B. Doc. No. 14-2139. Filed for public inspection October 17, 2014, 9:00 a.m.]
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