RULES AND REGULATIONS
Title 52—PUBLIC UTILITIES
PHILADELPHIA PARKING AUTHORITY
[ 52 PA. CODE CHS. 1001, 1002, 1003, 1005, 1011, 1013, 1017, 1019, 1021, 1027, 1029, 1030, 1051, 1053, 1055, 1057, 1059 AND 1063 ]
Taxicab and Limousine Temporary Regulations
[47 Pa.B. 2558]
[Saturday, May 6, 2017]
Amendments to Taxicab and Limousine Temporary Regulations; Doc. No. 17-002
Order By the Authority:
The Philadelphia Parking Authority (''Authority'') is the sole regulator of all taxicab and limousine service in Philadelphia.1 The purpose of this order is to amend the temporary taxicab and limousine regulations that were promulgated on January 27, 2017 pursuant to 53 Pa.C.S. § 57B02.2
Background
On January 27, 2017, the Authority entered an Order adopting temporary taxicab and limousine regulations to become part of 52 Pa. Code Part II with an effective date of February 25, 2017. However, the Authority's Taxicab and Limousine Division (''TLD'') has since received and reviewed written comments from various industry members and the public relating to the temporary regulations.
Discussion
Upon consideration of all comments received concerning the temporary regulations and further review by the TLD, the Authority is proposing certain amendments to the temporary regulations, including but not limited to, the following:
• Taxicab meter system will not be required to have a driver distress button.
• Upon the death or incapacitation of an individual medallion taxicab certificate holder or a person with controlling interest in a medallion taxicab certificate holder, the operation or use of the medallion may continue until the medallion or securities are properly transferred.
• Requirements for wheelchair accessible vehicle (WAV) taxicabs will be consistent with the vehicle standards under the Americans with Disabilities Act.
• The Authority and medallion and limousine certificate holders will enforce a zero-tolerance policy on the use of drugs or alcohol by a taxicab or limousine driver while providing service.
• As a result of the changes made to the statutory structure for the Authority's regulation of taxicabs and limousines, the temporary regulations address the additions or amendments to the following fees: the fee for a state inspection conducted by the Authority will be $50; the fee to attend taxicab driver training is $100; the fee for a limousine driver certificate will be $25; and the fee for a stand-by fleet owner application will be $350.
• Limousine rates and tariffs may be filed as follows: nonflexible rates based on time, mileage or both but meters prohibited; or flexible rates subject to approval by the TLD Director allowing for rates to change in real time based on supply and demand, meters prohibited, and customer protection procedure for disclosing the estimated fare customers and compliance with the Price Gouging Act.
Amended temporary taxicab and limousine regulations
Based on all of the comments received and a review of the temporary regulations adopted on January 27, 2017, the Authority proposes the adoption of the amended temporary regulations set forth in Annex A to this Order to become part of 52 Pa. Code Part II and to replace the temporary regulations in their entirety that were adopted by the Authority on January 27, 2017.
Therefore,
It Is Ordered That:
1. The regulations of the Authority, 52 Pa. Code Chapters 1001, 1002, 1003, 1005, 1011, 1013, 1017, 1019, 1021, 1027, 1029, 1030, 1051, 1053, 1055, 1057, 1059 and 1063, are amended by adding §§ 1002.1—1002.4, 1017.79, 1017.81—1017.85, 1030.1, 1030.2 and 1057.17, deleting § 1055.12 and amending §§ 1001.10, 1001.42, 1001.61, 1003.31, 1003.32, 1003.51, 1005.102, 1005.111, 1005.241, 1005.243, 1011.2, 1011.3, 1011.4, 1011.5, 1011.7, 1011.9, 1011.11, 1011.14, 1011.15, 1013.3, 1013.37, 1017.1, 1017.4, 1017.5, 1017.6, 1017.8, 1017.11, 1017.12, 1017.14, 1017.21, 1017.23, 1017.24, 1017.25, 1017.31, 1017.32, 1017.33, 1017.38, 1017.42, 1017.71, 1017.72, 1017.73, 1017.74, 1017.76, 1017.77, 1017.78, 1019.3, 1019.5, 1019.6, 1019.7, 1019.8, 1019.9, 1021.2, 1021.4, 1021.5, 1021.5a, 1021.7, 1021.8, 1021.10, 1021.11, 1021.12, 1021.17, 1027.3, 1027.7, 1027.9, 1027.12, 1027.15, 1029.5, 1051.2, 1051.3, 1051.4, 1051.5, 1051.6, 1051.8, 1051.10, 1051.13, 1051.14, 1053.1, 1053.42, 1053.43, 1055.1, 1055.3, 1055.4, 1055.11, 1055.17, 1055.19, 1055.31, 1057.2, 1057.4, 1057.5, 1057.8, 1057.10, 1057.16, 1059.2, 1059.3, 1059.6, 1059.8, 1059.11, 1059.13 and 1063.2 to read as set forth in Annex A.
2. The Authority hereby adopts the amended temporary regulations set forth in Annex A to this Order to become part of 52 Pa. Code Part II and to replace the temporary regulations in their entirety that were adopted by the Authority on January 27, 2017. The amended temporary regulations are hereby effective on February 25, 2017.
(Editor's Note: The Order entered on January 27, 2017, was not published in the Pennsylvania Bulletin.)
3. The Secretary of the Board shall certify this Order and Annex A and that the Executive Director shall deposit them with the Legislative Reference Bureau to be published in the Pennsylvania Bulletin.
4. A copy of this 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 website at www.philapark.org/tld.
5. The contact person for this Order is Michael Casey, Taxicab and Limousine Division, (215) 683-9417.
CLARENA TOLSON,
Executive DirectorFiscal Note: 126-13. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 52. PUBLIC UTILITIES
PART II. PHILADELPHIA PARKING AUTHORITY
Subpart A. GENERAL PROVISIONS
CHAPTER 1001. RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE
Subchapter A. GENERAL PROVISIONS § 1001.10. Definitions.
(a) Subject to additional definitions contained in subparts which are applicable to specific chapters or subchapters, the following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise:
Act—53 Pa.C.S. Chapters 55, 57, 57A and 57B.
Adjudication—An order, decree, decision, determination or ruling by the Authority affecting personal or property rights, privileges, immunities, duties, liabilities or obligations of the parties to the proceeding in which the adjudication is made.
Adversarial proceeding—A proceeding initiated by a person to seek Authority approvals, tariff changes, enforcement, remedies, issuance of fines or other relief by order of the Authority which is contested by one or more other persons and which will be decided on the basis of a formal record.
Applicant—A person, who on his own behalf or on behalf of another, is applying for permission to engage in an act or activity which is regulated under the act or this part.
Approved, approval or approve—The date that an application to the Authority is granted regardless of the pendency of administrative or judicial appeals or other legal action challenging the decision of the Authority.
Arrest—Detaining, holding or taking into custody by police or other law enforcement authorities to answer for an alleged commission of an offense.
Authority—The Philadelphia Parking Authority.
Authorized agent—A person with permission to legally act on behalf of the filing user.
Board—A quorum of the members of the Philadelphia Parking Authority appointed under 53 Pa.C.S. § 5508.1 (relating to special provisions for authorities in cities of the first class).
Broker—An individual authorized by the Authority as provided in § 1029.8 (relating to broker registration approval) to prepare application-related documents, appear at settlements, and otherwise act on behalf of a party as to matters related to the sale or transfer of transferable rights.
Call or demand service—Local common carrier service for passengers, rendered on an exclusive basis, when the service is characterized by the fact that passengers normally hire the vehicle and its driver either by telephone call or by hail, or both.
Certificate—
(i) A certificate of public convenience issued by the Authority under the act.
(ii) The term does not include a driver's certificate or broker registration.
Certificate holder—The person to whom a certificate is issued.
City of Philadelphia or Philadelphia—A city of the first class in this Commonwealth.
Clerk—The Authority employee with whom pleadings and other documents are filed, and with whom official records are kept under § 1001.5 (relating to Office of the Clerk) and as otherwise provided for in this part.
Common carrier—
(i) A common carrier by motor vehicle, within the scope of the act, who or which holds out or undertakes, directly or indirectly, the transportation of passengers within the City of Philadelphia by motor vehicle for compensation.
(ii) The term does not include common carriers by rail, water or air, and express or forwarding public utilities insofar as the common carriers or public utilities are engaged in these motor vehicle operations.
Compensation—A thing of value, money or a financial benefit conferred on or received by a person in return for services rendered, or to be rendered, whether by that person or another.
Contested complaint—A formal complaint.
Conviction—A finding of guilt or a plea of guilty or nolo contendere whether or not a judgment of sentence has been imposed as determined by the law of the jurisdiction in which the prosecution was held relating to any of the following:
(i) A crime for any of the following within the preceding 7 years:
(A) A felony conviction involving theft.
(B) A felony conviction for fraud.
(C) A felony conviction for a violation of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. §§ 780-101—780-144).
(D) A felony conviction under 18 Pa.C.S. § 2706 (relating to terroristic threats) or a similar statute in another jurisdiction.
(ii) A crime for any of the following within the preceding 10 years:
(A) Use of a motor vehicle to commit a felony.
(B) Burglary or robbery.
(iii) A crime for any of the following at any time:
(A) A sexual offense under 42 Pa.C.S. § 9799.14(c) or (d) (relating to sexual offenses and tier system) or similar offenses under the laws of another jurisdiction or under a former law of the Commonwealth.
(B) A crime of violence as defined in 18 Pa.C.S. § 5702 (relating to definitions).
(C) An act of terror.
Criminal history report—The report issued by the State Police, similar government entity in a jurisdiction outside this Commonwealth or a third-party report which will identify any convictions associated with an individual. A third-party report shall be conducted on a local and National background check, which must include a multistate or multijurisdictional criminal records locator or other similar Nationwide database with primary source validation and a review of the United States Department of Justice's National Sex Offender Public Website.
Director—The Director of the Authority's Taxicab and Limousine Division as provided in § 1003.72 (relating to TLD staffing generally).
Dispatcher—
(i) The owner of a certificate of public convenience to operate a dispatching service in Philadelphia issued by the Authority under section 5711(c)(6) of the act (relating to power of authority to issue certificates of public convenience) and Chapter 1019 (relating to dispatchers).
(ii) The term includes a wheelchair accessible vehicle (WAV) taxicab dispatcher as provided in § 1011.2 (relating to definitions).
Electronic mail or email—A means of dispatching or receiving notice or a submittal in relation to an Authority matter through electronic means.
Enforcement Department—The department of the TLD created under § 1003.74 (relating to Enforcement Department).
Enforcement proceeding—A proceeding initiated by the Authority through the issuance of a formal complaint averring any violation of the act, this part or an order of the Authority.
Exclusive service—Transportation on a given trip when the first or principal person, party or group hiring the vehicle has the exclusive right to determine where, when or if another passenger shall be carried on that trip.
Ex parte communication—
(i) Any off-the-record communications regarding a pending matter before the Authority or which may reasonably be expected to come before the Board in a contested on-the-record proceeding.
(ii) The term does not include off-the-record communications by and between members, staff and employees of the Authority, the PUC, the State Police, the Attorney General or other law enforcement officials necessary for their official duties under this part.
Executive Director—The Authority's chief operating officer.
Fiscal year—The period which begins on July 1 and terminates the following June 30.
Formal complaint—A written document filed with the Clerk initiating an enforcement action as provided in Chapter 1005 (relating to formal proceedings).
Formal proceeding—A matter intended to produce a formal record.
Formal record—The pleadings and submittals in a matter or proceeding, a notice or Authority order initiating the matter or proceeding and, if a hearing is held, all of the following: the designation of the presiding officer, transcript of hearing, exhibits received in evidence, offers of proof, motions, stipulations, subpoenas, proofs of service, references to the Authority and determinations made by the Authority thereon, certifications to the Authority, and anything else upon which action of the presiding officer or the Authority may be based.
Friendly cross-examination—Cross-examination of a witness by a party who does not disagree with the witness' position on an issue.
General Counsel—The chief legal counsel to the Authority.
Individual—A natural person.
Informal complaint—A document or communication to the Authority seeking action on a matter as provided in § 1003.41 (relating to form and content of informal complaints).
Informal investigation—A matter initiated by Authority staff that may result in a formal complaint, a settlement or other resolution of the matter or termination by letter.
Limousine—A vehicle authorized to by the Authority to provide limousine service.
Limousine driver—The individual to whom a current and valid limousine driver's certificate has been issued by the Authority under section 5706 of the act (relating to driver certification program).
Limousine service—The term as defined in section 5701 of the act (relating to definitions).
Manager of Administration—The individual appointed to manage the Administration Department of the TLD as provided in § 1003.72. The Manager of Administration may be contacted at TLD Headquarters or by email to TLDAdmin@philapark.org.
Manager of Enforcement—The individual appointed to manage the Enforcement Department of the TLD as provided in § 1003.74. The Manager of Enforcement may be contacted at TLD Headquarters or by email to TLDEnforcement@philapark.org.
Nonadversarial proceeding—A proceeding initiated by a person which is not contested or a proceeding initiated by the Authority or at the request of a person to develop regulations, policies, procedures, technical rules or interpretations of law.
PUC—The Pennsylvania Public Utility Commission.
Party—
(i) A person who appears in a proceeding before the Authority, including interveners, protestants, petitioners, respondents and certificate holders.
(ii) The term includes the interests of the Authority which may be represented by the Enforcement Department, the TLD, other Authority staff or trial counsel, or all of them.
Person—Except as otherwise provided in this part or in the act, a natural person, corporation, foundation, organization, business trust, estate, limited liability company, licensed corporation, trust, partnership, limited liability partnership, association, representatives, receivers, agencies, governmental entities, municipalities or other political subdivisions, or other form of legal business entity.
Personal vehicle—A vehicle used by a TNC driver to provide transportation network service in accordance with Chapter 57A of the act (relating to transportation network companies).
Petitioners—Persons seeking relief, not otherwise designated in this section.
Pleading—An application, complaint, petition, answer, motion, preliminary objection, protest, reply, new matter and reply to new matter or other similar document filed in a formal proceeding.
Presiding officer—
(i) A member or members of the Authority's Board, or other person designated by the Authority or this part to conduct proceedings.
(ii) A hearing officer as used in section 5705 of the act (relating to contested complaints).
(iii) This definition supersedes 1 Pa. Code § 31.3 (relating to definitions).
Proof of service—A certificate of service which complies with §§ 1001.55 and 1001.56 (relating to proof of service; and form of certificate of service).
Protestants—Persons objecting on the ground of private or public interest to the approval of an application or other matter which the Authority may have under consideration.
Recommended decision—An opinion and order submitted for the approval of the Authority by the presiding officer.
Regulated person or regulated party—A certificate holder, broker, taxicab driver or other person subject to the act.
Respondents—Persons subject to a statute or other delegated authority administered by the Authority who are required to respond to an order or notice issued by the Authority instituting a proceeding or investigation on its own initiative or otherwise.
Rights—A certificate of public convenience, driver's certificate, registration or waiver issued to a regulated party by the Authority under the act.
Sale—A change in ownership of a transferable right, including a change in ownership of securities in an entity that owns transferable rights.
Securities—The term as defined in section 102 of the Pennsylvania Securities Act of 1972 (70 P.S. § 1-102).
Staff—Employees or agents of the Authority assigned to implement the act, this part or an order of the Authority.
State Police—The Pennsylvania State Police.
Submittal—An application, amendment, exhibit or similar document involving matters filed in an adversarial or nonadversarial proceeding.
TLD—Taxicab and Limousine Division—The division of the Authority comprised of staff assigned to implement the purposes of the act, this part and the orders of the Authority.
TLD Headquarters—The office of the TLD identified on the Authority's web site at www.philapark.org/tld. Unless specifically provided otherwise, communications with any Authority staff member shall be directed to TLD Headquarters.
TNC—Transportation network company—A person or an entity that obtains a license to operate a transportation network service by the Authority and uses a digital network to facilitate prearranged rides under Chapter 57A of the act.
TNC driver—A person who uses a personal vehicle to offer or provide a prearranged ride to passengers upon connection through a digital network controlled by a TNC in return for compensation or payment of a fee under Chapter 57A of the act.
Taxicab—
(i) A motor vehicle designed for carrying no more than eight passengers, exclusive of the driver, as defined in section 5701 of the act and certified by the Authority under the act, this part or an order of the Authority.
(ii) The term includes partial-rights taxicabs, medallion taxicabs and other vehicles authorized by the Authority to provide call or demand service.
Taxicab certificate—
(i) A certificate issued by the Authority authorizing the holder to provide taxicab service under the act, this part or an order of the Authority.
(ii) The term includes medallion taxicab certificates and partial-rights taxicab certificates.
Taxicab driver—
(i) The individual to whom a current and valid taxicab driver's certificate has been issued by the Authority under section 5706 of the act.
(ii) The term includes a WAV taxicab driver as provided in § 1011.2.
Taxicab driver's certificate—The original photographic identification card issued by the Authority which confirms that an individual has complied with Chapter 1021 (relating to taxicab drivers) and is authorized to provide taxicab service under section 5706 of the act.
Taxicab service—
(i) The transportation of passengers or offering to transport passengers in a taxicab as a common carrier call or demand service in Philadelphia.
(ii) The term includes the stopping, standing or parking of a taxicab in a taxicab stand line or other location commonly used by the public to access taxicabs.
(iii) The term includes partial-rights taxicabs, medallion taxicabs and other vehicles authorized by the Authority to provide call or demand service.
Transferable rights—Rights issued by the Authority and identified as transferable in § 1027.2 (relating to transferable rights).
Trial counsel—An attorney admitted to practice law before the Supreme Court of Pennsylvania who is assigned to the Office of Trial Counsel to prosecute complaints on behalf of the Authority as provided in § 1003.75 (relating to Office of Trial Counsel).
Verification—When used in reference to a written statement of fact by the signer, the term means supported by one of the following:
(i) An oath or affirmation before an officer authorized by law to administer oaths, or before a particular officer or individual designated by law as one before whom it may be taken, and officially certified to in the case of an officer under seal of office.
(ii) An unsworn statement made subject to the penalties in 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).
(b) Subsection (a) supersedes 1 Pa. Code § 31.3.
Subchapter E. FEES § 1001.42. Mode of payment to the Authority.
(a) The Authority will accept payment for fees, penalties, assessments or other costs required under the act, this part or an order of the Authority by money order or cashiers' check made payable to the ''Philadelphia Parking Authority'' at TLD Headquarters, in person, by mail or by an authorized credit card in person only.
(b) Subsection (a) supersedes 1 Pa. Code § 33.22 (relating to mode of payment of fees).
Subchapter G. PENALTY § 1001.61. Penalties.
(a) Monetary penalty range. If a penalty has not been otherwise assigned to a violation of any provision of the act, this part or an order of the Authority, the penalty applicable to the violation may not be less than $25 and not greater than $1,000.
(b) Additional penalties. The penalty requested in a formal complaint initiated as provided in Chapter 1005 (relating to formal proceedings) may include one or more of the following:
(1) A monetary penalty payable to the Authority.
(2) A suspension of rights.
(3) A modification of rights.
(4) A cancellation of rights.
(c) Reduced penalties.
(1) The Authority will create a schedule of penalties that encourages a regulated person to correct a violation of a provision of the act, this part or an order of the Authority within 48 hours of the issuance of a formal complaint for a reduction of the penalty being requested in the formal complaint. The schedule of reduced penalties will be posted on the Authority's web site at www.philapark.org/tld.
(2) To earn a reduced penalty, a regulated person shall do all of the following within 48 hours of the issuance of the formal complaint:
(i) Correct the violation and provide proof of the correction to the Enforcement Department.
(ii) Remit payment of the reduced penalty to the Clerk as provided in § 1001.42 (relating to mode of payment to the Authority).
CHAPTER 1002. ADVISORY COMMITTEE Sec.
1002.1. Purpose. 1002.2. Definitions. 1002.3. Function of the advisory committee. 1002.4. Meetings. § 1002.1. Purpose.
This chapter establishes and prescribes certain procedures for the Philadelphia Taxicab and Limousine Advisory Committee.
§ 1002.2. Definitions.
The following word, when used in this chapter, has the following meaning, unless the context clearly indicates otherwise:
Advisory Committee—An advisory committee established under section 5702 of the act (relating to advisory committee).
§ 1002.3. Function of the advisory committee.
(a) The Advisory Committee may thoroughly consider questions and issues submitted by the Authority regarding the regulation, enforcement, compliance and operation of taxicabs and limousines in the City of Philadelphia and may prepare and transmit written responses to the Authority and the public.
(b) The Advisory Committee may submit suggestions and proposals to the Authority in writing on topics considered important by a majority of the Advisory Committee members.
(c) A majority of the members of the Advisory Committee plus one additional member constitute a quorum for purposes of subsection (b).
(d) The actions of the Advisory Committee will be considered strictly advisory and the Authority will give careful and due consideration to the comments and proposals of the Advisory Committee.
§ 1002.4. Meetings.
(a) The Director or other Authority designee will meet with the Advisory Committee on a monthly basis.
(b) The Advisory Committee chairperson will provide the date, time and location of each meeting under subsection (a) to the Director no later than 10 days prior to the scheduled meeting.
CHAPTER 1003. SPECIAL PROVISIONS
Subchapter A. TEMPORARY EMERGENCY ORDERS
OUT OF SERVICE § 1003.31. Definitions.
The following words and terms, when used in § 1003.32 (relating to out of service designation), have the following meanings, unless the context indicates otherwise:
Out of service—Temporary prohibition from the exercise of rights granted by the Authority under the act due to a public safety concern or a violation of the act, this part or an order of the Authority. An out of service designation will be narrowly tailored to create the most limited reduction of rights necessary to protect the public interest.
Public safety concern—Behavior of an individual or condition of a vehicle or equipment which have an immediate and direct adverse impact upon the orderly operation of taxicabs and limousines in Philadelphia or which present a direct threat to public safety. For example, a limousine with a damaged windshield, a taxicab with expired or suspended registration, or a taxicab driver subject to a police arrest warrant may each result in an immediate out of service designation because it is a public safety concern.
§ 1003.32. Out of service designation.
(a) Vehicles.
(1) Upon observation of a condition of a taxicab or limousine that creates a public safety concern, the Enforcement Department may immediately place the taxicab or limousine out of service. Public notice of a vehicle's out of service status will be conspicuously affixed to the vehicle and may only be removed by the Authority after inspection as provided in § 1017.36 (relating to reinspection) or by order as provided in subsection (h).
(2) Upon observation of a condition of a taxicab or limousine that violates the act, this part or an order of the Authority, and which does not constitute an immediate public safety concern, the Enforcement Department will provide notice of the violation to the certificate holder as provided § 1001.51 (relating to service by the Authority) and its intent to initiate an out of service designation against the taxicab or limousine. If the certificate holder does not provide proof to the Enforcement Department that the violation was corrected within 5 days of the notice, the Enforcement Department may place the taxicab or limousine out of service as provided in paragraph (1).
(b) Drivers. A driver's certificate issued by the Authority under section 5706 of the act (relating to driver certification program) may be placed out of service by the Enforcement Department upon determination that the driver's operation of a taxicab or limousine will create a public safety concern or if the driver fails to appear at TLD Headquarters upon direction of the Enforcement Department without just cause.
(c) Certificates and other rights. When a regulation or order of the Authority directs that a certificate or other right issued by the Authority be placed out of service, the Enforcement Department will provide notice of the violation to the certificate holder as provided in § 1001.51 and its intent to initiate an out of service designation against the certificate or other right issued by the Authority. If the certificate holder does not provide proof to the Enforcement Department that the violation was corrected within 5 days of the notice, the Enforcement Department may place the certificate or other right issued by the Authority out of service and the procedures of this section apply.
(d) Notice to the Clerk. The Enforcement Department will provide notice of an out of service designation to the Clerk. The notice will be provided by 4:30 p.m. on the next day during which the Authority maintains office hours as provided in § 1001.8 (relating to Authority office hours and address). The notice will include the date and time that the out of service designation was made, and the following information about the respondent, if available:
(1) Name.
(2) Address.
(3) Email address.
(4) Telephone number.
(5) Authority number assigned to the out of service rights.
(e) Hearing to be scheduled. Upon notification of an out of service designation as provided in subsection (c), the Clerk will schedule a hearing before an Adjudication Department presiding officer within 3 days of the out of service designation.
(f) Formal complaint.
(1) The Enforcement Department will file a formal complaint with the Clerk against the out of service respondent for the violations forming the basis of the out of service designation within 2 days of the designation. The complaint will be served as set forth in § 1001.51. The Enforcement Department is not prohibited from issuing and filing a formal complaint at the time notice is issued of its intent to initiate an out of service designation as provided in this section.
(2) The out of service designation will be terminated and the Clerk will notify the respondent and the presiding officer of the cancellation of the scheduled hearing in the event a complaint is not filed as provided in paragraph (1).
(3) The out of service respondent shall file an answer to the Enforcement Department's complaint as provided in § 1005.41 (relating to answers to complaints, petitions, motions and other filings requiring a response). The answer shall be filed with the Clerk and served as provided in § 1001.52 (relating to service by a party). If the formal complaint is a form citation as provided in § 1005.13 (relating to citation complaints by the Authority), the out of service respondent shall respond to the citation under § 1005.13(b).
(g) Scope of hearing.
(1) The averments of the Enforcement Department's complaint filed as provided in subsection (f)(1) will be deemed denied by the respondent for purposes of the out of service hearing.
(2) At the out of service hearing, the Enforcement Department will bear the burden of proof by a preponderance of the evidence that the out of service designation remains appropriate under this section. The respondent may submit evidence, cross-examine Enforcement Department witnesses and otherwise participate in the hearing as provided by Chapter 1005 (relating to formal proceedings).
(h) Order. An order following an out of service hearing may rescind, modify or continue the out of service designation. When an order of the presiding officer modifies or continues an out of service designation, the order will include a prompt date for a hearing on the Enforcement Department's formal complaint.
(i) Appeal. The decision of the presiding officer 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).
Subchapter C. APPLICATIONS AND PROTESTS § 1003.51. Applications generally.
(a) Form. Applications for authorization or permission filed with the Authority must conform to the requirements in this part.
(b) Review. Applications in nonadversarial proceedings will be reviewed by the Director. Applications in adversarial proceedings will be referred by the Director to a presiding officer with instructions to conduct hearings to develop an evidentiary record.
(c) Approval. In nonadversarial proceedings, the Director will make recommendations related to the approval of an application to the Authority. In adversarial proceedings, the presiding officer will issue a recommended decision related to the approval of an application to the Authority.
(d) Denial. The Director or the presiding officer may deny an application. The denial will be in writing and clearly detail the reasons the application was denied. Applications denied by the Director may be appealed as provided in § 1005.24 (relating to appeals from actions of the staff). Applications denied by the presiding officer shall be subject to exceptions as provided in § 1005.211 (relating to exceptions to recommended decisions).
(e) Protest. Applications subject to protest shall be deemed to be adversarial proceedings and shall proceed as provided in § 1003.54 (relating to protests).
(f) Compliance; conditions for approval for certificate or registration.
(1) When the Authority approves an application related to a certificate of public convenience for taxicab, limousine or dispatcher services or a broker registration, the applicant will be notified of the approval by email.
(2) The applicant shall file with the Authority within 30 days of receipt of the notice of approval or settlement, if applicable, a certificate of insurance or other security required by this part, relating to insurance and security for the protection of the public.
(3) The applicant shall file all required tariffs and lists of applicable rates and charges with the Director prior to exercising any rights granted by the Authority.
(4) The Authority will not issue a certificate or registration until the requirements in this subsection and in the Authority's approval notice have been met.
(5) Failure of an applicant to comply with this section within the 30-day period referenced in paragraph (2) along with any other time periods directed in the Authority's approval notice may result in the dismissal of the application and rescission of prior approval, unless the Authority has, upon written request demonstrating good cause, extended the time for compliance.
(6) This subsection is intended to supplement the application requirements related to each specific certificate or registration as provided in this part.
(g) Supersession. Subsections (a)—(f) supersede 1 Pa. Code § 35.1 (relating to applications generally).
CHAPTER 1005. FORMAL PROCEEDINGS
Subchapter B. HEARINGS
STIPULATIONS § 1005.102. Restrictive amendments to applications for rights issued by the Authority.
(a) Parties to an application for Authority rights may stipulate as to restrictions or modifications to the proposed rights. Stipulations in the form of restrictive amendments or modifications must:
(1) Be in writing.
(2) Explain why the stipulation is in the public interest.
(3) Be signed by each party to the stipulation.
(4) Be submitted to the Director for insertion into the document folder.
(b) Restrictive amendments shall be binding on the parties but not on the Authority if it is determined they are not in the public interest. If a restrictive amendment is not accepted by the Authority, it may remand the matter for appropriate proceedings.
HEARINGS § 1005.111. Order of procedure.
(a) In a proceeding, the party having the burden of proof shall open and close unless otherwise directed by the presiding officer. In a hearing on investigations and in proceedings which have been consolidated for hearing, the presiding officer may direct who will open and close. Oral rejoinder, if proposed by the party with the burden of proof, shall be completed before any cross-examination of the witness is conducted.
(b) The presiding officer will conduct a de novo review for proceedings held under § 1005.24 (relating to appeals from actions of the staff) and the burden of proof rests with the filing party.
(c) Except when the presiding officer determines that it is necessary to develop a comprehensive evidentiary record, the participation of a person granted the right to intervene in a proceeding will be limited to the presentation of evidence through the submission of testimony under § 1005.151 (relating to oral examination).
(d) In proceedings when the evidence is peculiarly within the knowledge or control of another party, the order of presentation in subsections (a) and (c) may be varied by the presiding officer.
(e) The presiding officer may direct the order of parties for purposes of cross-examination, subject to § 1005.112(f) (relating to presentation by parties).
(f) Subsections (a)—(e) supersede 1 Pa. Code § 35.125 (relating to order of procedure).
Subchapter J. APPEALS TO COURT § 1005.241. Notice of taking appeal.
When an appeal is taken from an order of the Authority to the Court of Common Pleas of Philadelphia County, the appellant shall immediately give notice of the appeal to all parties to the Authority proceeding, the Clerk and the General Counsel, as provided under § 1001.52 (relating to service by a party).
§ 1005.243. Certification of interlocutory orders.
(a) When the Authority has made an order which is not a final order, a party may by motion request that the Authority find, and include the findings in the order by amendment, that the order involves a controlling question of law as to which there is a substantial ground for difference of opinion and that an immediate appeal to Court of Common Pleas of Philadelphia County from the order may materially advance the ultimate termination of the matter. The motion shall be filed within 10 days after service of the order, and is procedurally governed under § 1005.71 (relating to motions). Unless the Authority acts within 30 days after the filing of the motion, the motion will be deemed denied.
(b) Neither the filing of a motion under subsection (a), nor the adoption of an amended order containing the requested finding, will stay a proceeding unless otherwise ordered by the Authority or Court of Common Pleas of Philadelphia County.
(c) Subsections (a) and (b) supersede 1 Pa. Code § 35.225 (relating to interlocutory orders).
Subpart B. TAXICABS
CHAPTER 1011. GENERAL PROVISIONS § 1011.2. Definitions.
The following words and terms, when used in this subpart, have the following meanings, unless the context clearly indicates otherwise:
Controlling interest—
(i) A controlling interest is an interest in a legal entity, applicant or certificate holder if a person's voting rights under state law or corporate articles or bylaws entitle the person to elect or appoint one or more of the members of the board of directors or other governing board or the ownership or beneficial holding of 5% or more of the securities of the corporation, partnership, limited liability company or other form of legal entity, unless this presumption of control or ability to elect is rebutted by clear and convincing evidence. A member, partner, director or officer of a corporation, partnership, limited liability company or other form of legal entity is deemed to have a controlling interest.
(ii) A person who owns or beneficially holds less than 5% of the securities of a privately held domestic or foreign corporation, partnership, limited liability company or other form of privately held legal entity shall be deemed as having rebutted the presumption of control by clear and convincing evidence.
Department of Transportation—The Department of Transportation of the Commonwealth of Pennsylvania.
Dispatcher's certificate—A certificate issued by the Authority to a dispatcher.
Driver history report—A driver's license report issued by the Department of Transportation or similarly authorized government entity in another jurisdiction of the United States containing details about a driver's history including accidents and violations issued by a jurisdiction within the United States.
Driver's license—A license or permit to operate a motor vehicle issued by the Department of Transportation or similarly authorized government entity in another jurisdiction of the United States.
Federal Tax Identification number—The Social Security number of an individual or the Employer Identification number of a business entity, fiduciary or other person.
Holding company—A person, other than an individual, which, directly or indirectly, owns, has the power or right to control or to vote 20% or more of the outstanding voting securities of a corporation or other form of business organization. A holding company indirectly has, holds or owns the power, right or security if it does so through an interest in a subsidiary or successive subsidiaries.
Inspector—Enforcement Department uniformed or nonuniformed staff assigned to investigate and enforce the act, this part and orders of the Authority who will be identifiable by an Authority-issued badge number.
Key employee—An individual who is employed in a director or department head capacity and who is empowered to make discretionary decisions that affect the operations of an applicant or a regulated person.
Limousine certificate—A certificate granting the owner the right to operate a class of limousine service as provided in Subpart C (relating to limousines).
Major violation—A suspension or cancellation of a state-issued driver's license as a result of a moving violation.
Medallion—A piece of metal in a shape and with a color to be determined by the Authority which is to be affixed to a vehicle by Authority staff before that vehicle may provide citywide taxicab service.
Medallion lienholder—A person holding a recorded lien against a medallion as provided under section 5713 of the act (relating to property and licensing rights) and § 1013.21 (relating to notice of medallion lien).
Medallion number—The number assigned to and placed on a particular medallion by the Authority, under § 1017.14 (relating to taxicab numbering).
Medallion taxicab—A taxicab certified by the Authority to provide citywide taxicab service and affixed with a medallion by the Authority as provided in § 1013.2 (relating to attachment of a medallion) and section 5714(a) of the act (relating to certificate and medallion required).
Medallion taxicab certificate—A certificate granting the owner the right to operate one or more medallion taxicabs under this part.
Moving violation—A violation issued by the Commonwealth or any of its political subdivisions for a violation of 75 Pa.C.S. (relating to Vehicle Code), or a similar statute under any other jurisdiction, that upon conviction of the violation points are assessed against the driver's license.
Parking violations—Any debt owed to the City of Philadelphia related to a violation of the Philadelphia Traffic Code (12 Phila. Code §§ 100—3012) that is not under appeal.
Partial-rights taxicab—A taxicab authorized by the Authority to provide common carrier call or demand transportation of persons for compensation on a non-citywide basis, under Chapter 1015 (relating to partial-rights taxicabs), section 5711(c)(2.1) of the act (relating to power of authority to issue certificates of public convenience) and section 5714(d)(2) of the act.
Partial-rights taxicab certificate—A certificate granting the owner the right to operate one or more partial-rights taxicabs under this part.
Proposed buyer—The party seeking to acquire an ownership interest in a medallion or certificate, as the context provides.
Seal—A security or software encryption device used for the purpose of preventing unauthorized access, capture or manipulation of data in meter systems or safety cameras, including an encryption key or wire seal.
Traffic violations—A debt owed to the Commonwealth or one of its political subdivisions for violations of 75 Pa.C.S. that is not under appeal.
Transfer fee—The nonrefundable fee charged by the Authority to review an application to sell transferable rights.
WAV medallion—A medallion restricted to use on a wheelchair accessible vehicle (WAV) taxicab.
WAV medallion taxicab—A taxicab to which a WAV medallion is attached by the Authority as provided in this chapter.
WAV taxicab—A motor vehicle authorized by the Authority to provide taxicab service that meets the requirements of a ''wheelchair accessible taxicab'' as defined in section 5701 of the act (relating to definitions) and § 1017.8 (relating to wheelchair accessible vehicle taxicab specifications).
WAV taxicab dispatcher—A dispatcher approved by the Authority to dispatch WAV taxicabs as provided in § 1019.8(b) (relating to dispatcher requirements).
WAV taxicab driver—The individual to whom a current and valid WAV taxicab driver's certificate has been issued by the Authority under section 5706 of the act (relating to driver certification program) and § 1021.5a (relating to special wheelchair accessible vehicle taxicab driver's certificate and requirements).
WAV taxicab driver's certificate—The original photographic identification card issued by the Authority which confirms that an individual has complied with section 5706 of the act and § 1021.8 (relating to certain training subjects).
Wheelchair—A manually-operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor or of both indoor and outdoor locomotion.
§ 1011.3. Annual rights renewal process.
(a) Expiration of driver and broker rights. All driver and broker rights will expire as follows:
(1) A taxicab driver's certificate will expire 1 year from its date of issuance or renewal unless a taxicab driver opts to pay no more than double the annual renewal fee as provided in § 1011.4 (relating to annual assessments and renewal fees) to be issued a taxicab driver certificate to expire 2 years from the date of issuance or renewal.
(2) Except as provided in subsection (g), a broker registration will expire on June 30 of each year.
(b) Expired rights.
(1) Expired rights may 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 2 years or more will be deemed cancelled.
(3) Broker registrations 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 shall 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, 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 all of 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.
(e) Incomplete renewals. If the filing requirements of the renewal forms are incomplete for any reason, including compliance with § 1011.7 (relating to payment of outstanding fines, fees and penalties), the regulated party shall have 90 days from the filing date of the renewal form to complete the renewal process or the application will be rendered void.
(f) 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.
(g) 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.
(h) 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 shall 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 May 1 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 any of the annual information filing forms required under this subsection will subject the applicable rights to an out of service designation as provided in § 1003.32(c).
(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.
(7) The annual information filings will be reviewed for all of the following:
(i) The filing does not reveal information about the certificate holder that would have resulted in a denial of an initial application for the rights.
(ii) The certificate holder is in compliance with § 1011.4.
(iii) The certificate holder is in compliance with § 1011.7.
(8) Failure to complete the annual information filing requirements of this subsection within 30 days of notice will subject the applicable rights to an out of service designation as provided in § 1003.32(c).
§ 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 as follows:
(1) Taxicab drivers and brokers. A taxicab driver or broker shall pay a renewal fee in an amount established each year as set forth in the Authority's annual fee schedule as provided in § 1001.43 (relating to Authority fee schedule).
(2) Medallion taxicab certificate holders. A medallion taxicab certificate holder shall pay an assessment amount that is 1% of the annual gross operating revenue of a medallion owner through fares collected excluding tips and tolls.
(3) Dispatcher certificate holders. A dispatcher certificate holder shall pay an assessment in an amount established each year under section 5707(c)(3) of the act (relating to budget and assessments).
(b) Payment of assessments by certificate holders.
(1) Medallion taxicab certificate holders. Assessment payments shall be made by each medallion taxicab certificate holder to the Authority on a quarterly basis of each fiscal year. The first quarter begins on July 1 and ends on September 30. The second quarter begins on October 1 and ends on December 31. The third quarter begins on January 1 and ends on March 31. The fourth quarter begins on April 1 and ends on June 30. The assessment payment is due within 30 days after service of the notice of assessment from the Authority as provided in § 1001.51 (relating to service by the Authority).
(2) Dispatcher certificate holder. A dispatcher certificate holder may pay the assessment in four equal installments with the first payment being 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) and on September 15, December 15 and February 15 of each fiscal year.
(c) 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) (relating to annual rights renewal process).
(d) 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).
(e) 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(c) (relating to out of service designation).
(f) Assessment hearings.
(1) Within 15 days after service of notice of assessment, a medallion taxicab certificate holder or a dispatcher certificate holder may file a petition with the Authority which specifically avers the reason that the assessment is excessive, erroneous, unlawful or otherwise invalid.
(2) Petitions filed under this subsection shall be filed with the Clerk, served as provided in § 1001.52 (relating to service by a party), otherwise comply with § 1005.21 (relating to petitions generally) and will be assigned to a presiding officer for a recommended decision as provided in §§ 1005.201—1005.204 (relating to recommended decisions).
(3) The Authority shall fix the time and place for a hearing on a properly filed petition and will serve notice thereof upon parties in interest. After the conclusion of the hearing, the Authority will issue a decision and findings in sufficient detail to enable a court to determine, on appeal, the controverted question presented by the proceeding and whether proper weight was given to the evidence.
(4) The filing of a petition under this subsection does not relieve the owner of the obligation to pay the assessment within the specified time frame. If a refund due from the Authority to the objecting owner or an additional assessment payment due from the objecting owner to the authority is required, the payment shall be made within 10 days after notice of the findings of the Authority.
(5) A suit or proceeding may not be commenced or maintained in a court for the purpose of restraining or delaying the collection or payment of an assessment made under this section. A person aggrieved by an order entered under this subsection is subject to § 1005.211 (relating to exceptions to recommended decisions).
§ 1011.5. Ineligibility due to conviction or arrest.
(a) A person is ineligible to own any interest in any right issued by the Authority if the person, or a person having a controlling interest in the person or a key employee, has been subject to a conviction as defined in § 1001.10 (relating to definitions).
(b) In the event a regulated party owning a transferable right becomes ineligible to hold rights issued by the Authority due to a conviction, the regulated party shall immediately cease use of the rights and initiate the sale of the rights to an eligible person as provided in Chapter 1027 (relating to sale of rights). If the regulated party is an individual medallion taxicab certificate holder or the sole owner of the securities of a medallion taxicab certificate holder, that person shall surrender to the Authority any medallion owned by the certificate holder and associated TLD inspection stickers to hold for safekeeping until the medallion is sold.
(c) A regulated party or applicant shall inform the Director within 72 hours of being subject to an arrest or conviction as defined under § 1001.10.
(d) In the event a criminal prosecution is initiated against a regulated party for a crime that may lead to a conviction as defined in § 1001.10, the Enforcement Department or trial counsel may place the subject rights out of service as provided in § 1003.32 (relating to out of service designation).
§ 1011.7. Payment of outstanding fines, fees and penalties.
(a) Regulated persons and applicants for any right issued by the Authority shall pay all assessments, fees, penalties and other payments due to the Authority under the act, this part or an order of the Authority on schedule, unless the matter related to the payment is under appeal.
(b) Regulated persons and applicants for any right issued by the Authority shall remain current on the payment of parking violations and traffic violations, unless the violation is under appeal.
(c) For purposes of this section, regulated persons and applicants include those with a controlling interest in the regulated person or applicant, or both.
§ 1011.9. Taxicab service limitations.
(a) Providers. Only the following individuals may provide taxicab service:
(1) The owner, if the owner is a taxicab driver.
(2) An employee of the certificate holder who is a taxicab driver.
(3) A taxicab driver who leases the taxicab directly from the certificate holder.
(b) Supervision. A certificate holder shall continually supervise its taxicab to make certain that only those taxicab drivers authorized by this section provide taxicab service.
(1) A medallion taxicab certificate holder is required to ensure that a person holds a valid taxicab driver's certificate issued by the Authority before permitting the person to drive a taxicab.
(2) A medallion taxicab certificate holder is required to ensure that a person holds a valid WAV taxicab driver's certificate issued by the Authority before permitting the person to drive a WAV taxicab.
(c) Criminal history and driver history reports.
(1) A medallion taxicab certificate holder is required to conduct or have a third party conduct annual criminal history and driver history checks for taxicab drivers operating under the certificate holder's medallion.
(i) The criminal history report shall be conducted on a local and National background check, which must include a multistate or multijurisdictional criminal records locator or other similar commercial Nationwide database with primary source validation and a review of the United States Department of Justice's National Sex Offender Public Website.
(ii) The driver history report shall be obtained from the Department of Transportation or similarly authorized government entity in another jurisdiction of the United States containing details about a driver's history including accidents and violations issued by a jurisdiction within the United States.
(2) A medallion taxicab certificate holder shall review the criminal history and driving history reports before a taxicab driver operates under its medallion, and on annual basis thereafter, to ensure the driver has not been subject to a conviction as defined under §§ 1001.10 and 1021.4 (relating to definitions; and ineligible persons for taxicab driver certificate), holds a current valid driver's license, and has not been subject to three moving violations or a major violation as defined under § 1011.2 (relating to definitions).
(3) A taxicab driver whose criminal history or driver history renders the driver ineligible to operate a taxicab under § 1011.5 (relating to ineligibility due to conviction or arrest) or § 1021.4 shall be immediately disqualified by the medallion taxicab certificate holder and the disqualification shall be reported by the medallion taxicab certificate holder to the Director within 48 hours.
(4) Records required to be maintained by a medallion taxicab certificate holder under this subsection are subject to audits by the Authority under § 1011.11(d) (relating to record retention).
(d) Personal vehicle use prohibited. A vehicle registered as a taxicab within this Commonwealth may not be operated as a personal vehicle by a driver affiliated with a TNC under Chapter 57A of the act (relating to transportation network companies).
§ 1011.11. Record retention.
(a) Records to be maintained. All of the following records shall be maintained in the English language for 2 years from the date of origin:
(1) Taxicab certificate holders.
(i) Each lease agreement for a taxicab or medallion, or both.
(ii) Records of payment by a driver under each lease agreement for a taxicab or medallion, or both.
(iii) Records related to accidents involving vehicles used as taxicabs, including repair records.
(iv) Trip sheets or service logs used by a certificate holder's drivers when the certificate holder is exempted from the standard meter requirements in this subpart under § 1017.24(f) (relating to meter activation and display). The trip logs may be maintained on digital or other electronic devices as approved by the Authority upon a detailed written request by the certificate holder.
(2) Dispatchers.
(i) Records of dues paid by taxicab certificate holders or drivers for dispatching services.
(ii) Prior lists of associated taxicabs.
(iii) Prior rule books or other terms of participation applicable to taxicab certificate holders or drivers that are associated with the dispatcher.
(3) Brokers. Brokers shall retain documents submitted to the Authority for review of each proposed sale of rights, including closing documents
(b) Order. Paper or electronic records, or both, shall be maintained in chronological order by date and time of day.
(c) Review by Authority. A regulated party shall produce records maintained under subsection (a) to the Authority upon written request or upon inspection as provided in § 1011.8 (relating to facility inspections). In the event the records require a special form of software to search or interpret, a regulated party shall make that software available to the Authority.
(d) Audit of driver records.
(1) Maintenance period. Medallion taxicab certificate holders shall maintain records in the English language for 2 years from the date of origin concerning taxicab drivers under § 1011.9(b) (relating to taxicab service limitations).
(2) Compliance audit. The Authority may conduct a compliance audit of the records required to be maintained by a medallion taxicab certificate holder under § 1011.9(b) to verify that the certificate holder has complied with the taxicab driver screening requirements and to confirm that the certificate holder's taxicab drivers are eligible to provide taxicab service under this part.
(3) Audit designation. Upon the random selection of a medallion taxicab being called for a compliance inspection under § 1017.31 (relating to vehicle inspections by the Authority), the medallion taxicab certificate holder will be notified by the Manager of Administration that it has also been designated for an audit under this section.
(i) Within 5 business days of receiving an audit designation, the medallion taxicab certificate holder shall make available for visual inspection to the Authority the records required to be maintained under § 1011.9(b) for each taxicab driver that has provided taxicab service in the immediately preceding 1 year using the medallion taxicab that was called for a compliance inspection.
(ii) The records shall be produced in person to the Manager of Administration or by email to TLDAdmin@philapark.org.
(iii) If an audit reveals that the medallion taxicab certificate holder authorized a taxicab driver to provide taxicab service when the criminal history report or driver history report revealed that the taxicab driver was ineligible under this part or the certificate holder did not conduct the annual records required under § 1011.9(b), the Authority may impose a penalty against the medallion taxicab certificate holder and taxicab driver under § 1001.61 (relating to penalties) and may subject the rights to an out of service designation under § 1003.32 (relating to out of service designation).
(iv) The medallion taxicab certificate holder shall immediately remove a noncompliant taxicab driver identified as provided in subparagraph (iii) from taxicab service upon the Authority's direction.
(v) The Authority may alert other medallion taxicab certificate holders of the ineligibility of the noncompliant taxicab driver to protect the public good.
(4) Remedial audits.
(i) In the event that an audit discrepancy is identified as specified in paragraph (3)(iii), the Authority may direct a medallion taxicab certificate holder to submit a follow-up report detailing its efforts to ensure compliance with § 1011.9(b).
(ii) In the event that that an egregious audit discrepancy is identified or multiple audit discrepancies are identified or the Authority makes a determination that a medallion taxicab certificate holder has failed to reasonably cooperate in the driver information audit process, the Authority may direct a medallion taxicab certificate holder to participate in remedial audits.
(iii) A determination under this section is subject to § 1005.24 (relating to appeals from actions of the staff).
(iv) A remedial audit will proceed as provided in paragraph (3) and may subject a review of all taxicab drivers providing service in any medallion taxicab owned by the certificate holder during the immediately preceding year regardless of whether the taxicab was called for a compliance inspection.
(v) The Authority may direct one remedial audit at any time each month for a 4-month period following discovery of a violation under this section.
(e) Enforcement investigations. This section may not be construed to limit the power of the Authority to conduct enforcement investigations related to this part or the obligation of certificate holders and taxicab drivers to cooperate with investigations and produce information demanded as required under this part.
§ 1011.14. Voluntary suspension of certificate.
(a) A certificate holder may apply to place a certificate or individual medallion in a voluntary state of suspension as provided in subsection (c) to avoid penalties for violation of § 1011.13 (relating to interruptions of service).
(b) The Authority will not grant an application for voluntary suspension if the approval will result in a reduction of 5% or more of the aggregate number of authorized medallion taxicabs in Philadelphia.
(c) To request approval from the Authority for the voluntary suspension of a certificate, the certificate holder shall file a completed CPC-1 ''Voluntary Suspension Application'' with the Director and pay the application fee as provided in §§ 1001.42 and 1001.43 (relating to mode of payment to the Authority; and Authority fee schedule). The CPC-1 may be obtained at www.philapark.org/tld.
(d) Before a CPC-1 is granted, a certificate holder shall be in compliance with § 1011.7 (relating to payment of outstanding fines, fees and penalties).
(e) A medallion may be removed from a vehicle by either the Authority or a certificate holder only upon the granting of voluntary suspension as provided by this section. If a medallion is removed by the medallion owner, the medallion shall be delivered to the Authority within 2 business days to be held by the Authority for safekeeping as provided under § 1013.3 (relating to removal of a medallion).
§ 1011.15. Death or incapacitation of a certificate holder or certain persons with controlling interest.
(a) Definitions. The following word, when used in this section, has the following 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) Except as provided in subsection (d), upon the death or incapacitation of an individual certificate holder, the operation or use of Authority rights conferred by the certificate may continue with the legal representative of the deceased or incapacitated certificate holder.
(2) The legal representative of the deceased or incapacitated certificate holder shall immediately notify the Authority in writing upon the death or incapacitation and provide to the Authority the legal representative's mailing address, telephone number and email address along with the applicable documentation proving legal authorization to act on the part of the certificate holder.
(3) The legal representative of the deceased or incapacitated certificate holder shall immediately begin the process of finding a qualified person to buy the transferable rights as provided in Chapter 1027 (relating to sale of rights), including the use of a broker or attorney. Nothing in this section prohibits the legal representative from applying to the Authority to obtain the transferrable rights.
(4) In the event an SA-1 for the transferable right is not correctly filed, as provided in Chapter 1027, 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.
(5) In the event an SA-1 for the transferable right 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.
(6) Paragraphs (4) and (5) do not apply if the transferable right is a medallion.
(c) Death, incapacitation or dissolution of certain persons with controlling interest in a certificate.
(1) Except as provided in subsection (d), upon the death, incapacitation or dissolution of a person that owns 5% or more of the certificate holder's securities, the operation or use of the Authority rights conferred by the certificate may continue with either the certificate holder or with the legal representative of the deceased, incapacitated or dissolved person.
(2) The certificate holder or the legal representative of the deceased, incapacitated or dissolved person shall immediately notify the Authority in writing upon the death, incapacitation or dissolution of the person and provide to the Authority the legal representative's mailing address, telephone number and email address along with the applicable documentation proving legal authorization to act on the part of the deceased, incapacitated or dissolved person.
(3) The certificate holder or the legal representative of the deceased, incapacitated or dissolved person shall immediately begin the process of finding a qualified person to buy the securities of the certificate holder referenced in paragraph (1) as provided in Chapter 1027, including the use of a broker or attorney. Nothing in this section prohibits the certificate holder from acquiring the securities of the person referenced in paragraph (1).
(4) In the event an SA-1 for the sale of the securities referenced in paragraph (1) is not correctly filed as provided in Chapter 1027 within 6 months of the date of the person's death, incapacitation or dissolution, the certificate will be placed out of service as provided in § 1003.32 and may be cancelled upon determination of a formal complaint filed by the Enforcement Department or trial counsel.
(5) In the event an SA-1 for the sale of the securities referenced in paragraph (1) is correctly filed, as provided in Chapter 1027, within 6 months of the date of the person's death, incapacitation or dissolution, the rights conferred by the certificate shall continue for the duration of the SA-1 review period and through closing on the sale.
(6) Paragraphs (4) and (5) do not apply if the transferable right is a medallion.
(d) Ineligibility of successor or legal representative. This section may not be interpreted to permit the operation or use of Authority rights by a person otherwise prohibited from the ability to receive Authority rights. For example, the executor of the estate on a deceased individual certificate holder who would be ineligible to possess Authority rights as provided in § 1011.5 (relating to ineligibility due to conviction or arrest) may not operate or supervise the operation of the rights conferred by the certificate.
CHAPTER 1013. MEDALLION TAXICABS
Subchapter A. GENERAL REQUIREMENTS § 1013.3. Removal of a medallion.
(a) A medallion may only be removed from a vehicle by the Authority, upon advance written approval from the Authority, or by a certificate holder only upon the granting of voluntary suspension of the medallion taxicab certificate or individual medallion as provided in § 1011.14 (relating to voluntary suspension of certificate).
(b) Upon removal from a vehicle, the medallion will be held by the Authority for safe keeping until attachment of the medallion is scheduled with the Authority as provided in § 1013.2 (relating to attachment of a medallion). If removed by the medallion owner, the medallion shall be delivered to the Authority within 2 business days after removal.
Subchapter C. MEDALLION SALES BY THE AUTHORITY § 1013.37. Medallion bid approval process and closing on sale.
(a) The sale of a medallion to a successful bidder is prohibited if that bidder is not qualified to be a medallion certificate holder under the act and this part.
(b) For purposes of reviewing the potential sale of a medallion, the Authority will consider the successful bidder to be the proposed buyer as provided in this part.
(c) If the Director determines that the successful bidder is qualified as provided in the act, this part or an order of the Authority, a recommendation to approve the sale will be presented to the Board for approval at its next regularly scheduled meeting.
(d) 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.
(e) An Authority staff member will witness the execution of each document by the proposed buyer or his designated agent. A closing not witnessed by Authority staff is void as provided in sections 5711(c)(5) and 5718 of the act (relating to power of authority to issue certificates of public convenience; and restrictions).
(f) The Authority will issue a new medallion taxicab certificate to the new medallion owner after the closing process if requested by the proposed buyer as provided in § 1013.32(b) (relating to bidder qualifications).
(g) Except as provided in subsection (h), a medallion subject to a completed closing after sale by the Authority may not be transferred or sold for 1 year from the date of closing.
(h) Subsection (g) does not apply to the sale of a medallion in all of the following circumstances:
(1) When each person that owns securities of the corporation, partnership, limited liability company or other form of legal entity that owns a medallion sold under this subchapter has died or is declared incapacitated.
(2) When a person that owns securities of the corporation, partnership, limited liability company or other form of legal entity that owns a medallion sold under this subchapter has died or is declared incapacitated and that person's securities are transferred to the medallion owning entity or another owner of securities in the entity that owns the medallion.
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1 See the act of July 16, 2004, (P.L. 758, No. 94), 53 Pa.C.S. §§ 5701 et seq., as amended, (the ''Act'')
2 See the act of November 4, 2016, (P.L. 12220, No. 164), 53 Pa.C.S. Chapter 57B, et seq. (relating to regulation of taxicabs and limousines in cities of the first class) (''the Act'').
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