[47 Pa.B. 2558]
[Saturday, May 6, 2017]

[Continued from previous Web Page]

CHAPTER 1017. VEHICLE AND EQUIPMENT REQUIREMENTS

Subchapter A. GENERAL PROVISIONS

§ 1017.1. Definitions.

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

 Antique vehicle—A motor vehicle, but not a reproduction thereof, that is 25 years old or older as provided in § 1017.3(a) (relating to age and mileage computation), which has been maintained in or restored to a condition, which is substantially in conformance with manufacturer specifications.

 Commercial advertisement—An advertisement for which a private individual or entity pays a fee to display that advertisement on the exterior or interior of a taxicab.

 Compliance inspection—The inspection of a taxicab or taxicab equipment, or both, by the Authority to assure compliance with the act, this part and orders of the Authority. Anytime the inspection of a taxicab, a meter or other taxicab service-related equipment is required by the act, this part or an order of the Authority it will be a compliance inspection.

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

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

 TLD inspection sticker—A certificate of inspection issued and affixed by the Enforcement Department to a vehicle subject to this part upon confirmation of compliance with the act, this part or orders of the Authority after a compliance inspection.

§ 1017.4. Age and mileage limitations.

 (a) Retirement age and mileage.

 (1) Except as provided in subsection (b), a taxicab shall be removed from providing service upon reaching an age of 8 years old, as calculated under § 1017.3(a) (relating to age and mileage computations). For example, the last day on which a 2009 model year vehicle may be operated in taxicab service is December 31, 2017.

 (2) Except as provided in subsection (b), a taxicab shall be removed from service upon reaching 350,000 cumulative miles on the vehicle's odometer.

 (b) Antique vehicles. The Director may authorize the operation of antique vehicles as taxicabs upon review of a petition for waiver as provided in § 1005.23 (relating to petitions for issuance, amendment, repeal or waiver of Authority regulations).

§ 1017.5. Basic vehicle standards.

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

 (b) Standard taxicab vehicle requirements. Each taxicab is subject to all of the following requirements:

 (1) A taxicab must have four functioning and properly aligned doors which comply with the standards provided in 67 Pa. Code Chapter 175. The doors must have the following properly installed and maintained components:

 (i) Functional exterior and interior door handles which are operable by passengers.

 (ii) Intact door seals (door gaskets and doorway padding).

 (iii) Functional windows which are operable by passengers.

 (iv) Doors that open without resistance and close securely.

 (v) Functional interior door locks which are operable by passengers.

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

 (3) A medallion taxicab must be equipped with operable technology that is approved by the Authority that facilitates two-way communication.

 (4) Except as provided in paragraph (5), the taxicab must have a functioning dome light firmly affixed to its roof. The dome light must be lit when the vehicle is available for service. The dome light must comply with the approved design submitted by the taxicab's certified dispatcher under § 1019.7 (relating to name, colors and markings review).

 (5) A rooftop-advertising panel with ends that illuminate to indicate when the taxicab is available for service may be used instead of the dome light, provided that the rooftop-advertising panel meets the requirements in subsection (e).

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

 (7) A taxicab must be equipped with operable seatbelts for every passenger and the driver.

 (8) A taxicab must be equipped with a protective shield which separates the front seat from the back seat and bears the manufacturer's name, or a safety camera system that is approved by the Authority as provided in § 1017.71 (relating to taxicab safety cameras). If a medallion taxicab certificate holder opts to install a protective shield, it must meet the following minimum requirements:

 (i) The upper portion of the shield must extend from the top of the front seat to a point not more than 3 inches from the ceiling of the vehicle and must be constructed of a clear, see-through, bullet-resistant material.

 (ii) The shield must have either a sliding window controlled by the vehicle operator and capable of being locked by the driver, or a payment exchange cup or tray or similar device which allows the operator to receive payment from passengers in the back seat of the vehicle without unduly exposing the vehicle operator to danger.

 (iii) The upper portion of the shield may not obstruct the vehicle operator's view of the road to the rear of the vehicle.

 (iv) The lower portion of the shield must extend the full length of the front seat and be constructed of a bullet-resistant material.

 (v) Both the upper and lower portions of the shield must extend from a point flush with the left hand side of the vehicle across the vehicle to a point flush with the right hand side of the vehicle.

 (vi) The shield may not have an edge or projection protruding into the area where a passenger or driver will sit or move.

 (vii) The shield must be installed in a manner which does not prevent voice communication between the vehicle operator and passengers in the vehicle.

 (viii) The shield must be installed in a manner which allows heat and air conditioning to maintain the taxicab's temperature at levels required under paragraph (14).

 (ix) The shield must be sufficiently transparent to allow a passenger to easily read the meter and the taxicab driver's certificate.

 (9) A taxicab must be equipped with a meter approved for use as provided in § 1017.23 (relating to approved meters) and may not be equipped with a device that has the capability of allowing the meter to register a nonapproved rate.

 (10) A taxicab may not be equipped with a push bumper.

 (11) The interior, exterior and trunk compartment of a taxicab must be clean so as to present a positive appearance and to prevent possible transfer of dirt, dust, grease, paint or other markings to a passenger's clothing or luggage. A taxicab must be free of objectionable odors. For example, a taxicab may not smell like urine, feces, animals, insects, decomposing organisms, poor human hygiene or garbage.

 (12) Upholstery of a taxicab's passenger seats may not be torn in excess of 3 inches or have protruding springs or other material capable of tearing a passenger's skin or clothing. Passenger seat tears in excess of 3 inches shall be properly repaired and may not be mended with tape.

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

 (14) A functioning air conditioner capable of keeping the interior of the taxicab at a constant temperature between 60° and 78° Fahrenheit.

 (15) A taxicab must contain a legible commercially- produced map of the City of Philadelphia for use by the taxicab driver.

 (16) A taxicab's exterior paint must be in good repair and consistent with the colors and markings of the taxicab's dispatcher, and the exterior of the vehicle may not have dents larger than 12 inches and may not have loose body panels or bumpers.

 (17) In addition to other postings required by this subpart, a taxicab must have posted in the passenger compartment in a place easily observed by passengers, all of the following information:

 (i) A prohibition against smoking, eating and drinking while in the taxicab.

 (ii) The availability of noncash payment options.

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

 (iv) The taxicab's dispatcher and the number assigned to the taxicab under § 1017.14 (relating to taxicab numbering).

 (18) The Authority may require the installation of a separate heating and air conditioning system in a taxicab if necessary to comply with paragraph (14).

 (19) A taxicab must have operational interior lights.

 (20) A driver operating a taxicab and who transports a child anywhere in the taxicab shall comply with 75 Pa.C.S. § 4581 (relating to restraint systems).

 (21) The taxicab must have a trunk or storage area large enough to accommodate a folded manual wheelchair.

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

 (c) Interstate travel. No requirement of this subpart or any Authority regulation may be interpreted to disrupt or interfere with interstate commerce exclusively regulated by or pre-empted by the government of the United States.

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

 (e) Advertising.

 (1) The display of commercial advertisements on the exterior or interior of a taxicab is permitted only upon 72 hours advanced written notice by the medallion certificate holder to the Director and Manager of Enforcement prior to the display of the advertisement, which must include a color copy of the advertisement and a written description of the advertisement's placement on or within the taxicab. The use of a rooftop-advertising panel as provided in subsection (b)(5) is excluded from the 72 hours advanced written notice requirement.

 (2) Commercial advertisements, colors, markings and other displays required by this part must be securely fastened to the taxicab, may not obscure the driver's view in any direction and may not violate any provision of 75 Pa.C.S. (relating to Vehicle Code) or 67 Pa. Code (relating to transportation).

 (3) A commercial advertisement will not be permitted if it violates any requirement in § 1017.12 (relating to required markings and information).

 (4) A commercial advertisement for display on the exterior or interior of a taxicab will not be permitted as follows:

 (i) Advertisements that do not relate primarily to the economic interests of the publisher or its audience, or that do not direct attention to a business, industry, profession, commodity, service, activity, institution, product or entertainment offered for sale.

 (ii) Advertisements relating to the sale or use of alcohol, tobacco products or firearms.

 (iii) Advertisements that relate to sexually-oriented businesses, products or services.

 (iv) Advertisements that are obscene or pornographic.

 (v) Advertisements relating to political campaigns or ballot measures.

 (vi) Advertisements that are false, misleading, defamatory or infringe on any copyright, trade or service mark, title or slogan.

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

§ 1017.6. Required documents.

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

 (1) Proof of current and valid financial responsibility as required under Chapter 1025 (relating to insurance required) and section 5704 of the act (relating to power of authority to require insurance).

 (2) Vehicle registration issued by the Department of Transportation and a copy of the vehicle or medallion lease, if applicable.

§ 1017.8. Wheelchair accessible vehicle taxicab specifications.

 (a) Basic requirements. WAV taxicabs must be in compliance with the requirements applicable to taxicabs, except when deviations are authorized or required by the act, this part or an order of the Authority.

 (b) Standard specifications for WAV taxicabs. In addition to the requirements of subsection (a), a WAV taxicab is a vehicle that has been inspected and approved by the Enforcement Department as meeting all of the following requirements:

 (1) Mobility and accessibility.

 (i) The lift/ramp width must be 30 inches minimum.

 (ii) The design load of the lift/ramp must be at least 600 pounds.

 (iii) Controls for the lift/ramp must be interlocked with the vehicle to ensure that the vehicle cannot be moved while the lift/ramp is in operation.

 (iv) Controls for the lift/ramp must be of the momentary contact type requiring continuous manual pressure to operate.

 (v) The lift/ramp must be equipped with an emergency deployment method in the event of power or mechanical failure.

 (vi) The installation of a lift/ramp must include provisions to prevent the lift/ramp from falling or folding any faster than 12 inches/second in the event of any failure of the load-carrying component.

 (vii) The lift/ramp platform must be equipped with handrails on two sides, a minimum of 8 inches long and 30 inches above the platform, and move in tandem with the lift/ramp.

 (viii) The lift/ramp platform must have barriers at least 2 inches or higher to prevent mobility aid wheels from slipping off.

 (ix) Lift/platform surfaces must be continuous and slip resistant, and accommodate four-wheel and three-wheel mobility aids.

 (x) The transition from roadway or sidewalk and the transition from vehicle floor to the ramp may be vertical without edge treatment up to 1/4 inch.

 (xi) Ramps must have the least slope practical and may not exceed 1:4 when deployed to ground level.

 (xii) The lift/ramp attachment must be firmly attached to the vehicle so that it is not subject to displacement when loading or unloading a heavy mobility aid and the gap between the vehicle and ramp may not exceed 5/8 inch.

 (2) Doors, steps and thresholds.

 (i) For vehicles 22 feet in length or less, the overhead clearance between the top of the door opening. The raised life platform or highest point of the ramp must be a minimum of 56 inches.

 (ii) Vehicle doorways in which a lift/ramp is installed must have an outside light, which, when the door is open, provides at least 1 foot-candle of illumination on the street surface for a distance of 3 feet perpendicular to the lift/ramp. The light must be shielded to protect the eyes of entering and exiting passengers.

 (3) Interior compartment.

 (i) Floor areas where people walk and securement locations must have slip-resistant surfaces.

 (ii) A minimum clear floor area of 30 inches by 48 inches must be provided for each wheelchair position.

 (iii) Regarding seating configuration, vehicles 22 feet in length or less must provide forward/rear seating only.

 (iv) Ramp stowage must be accomplished in a manner as not to pose a hazard to passengers or impinge on a passenger's mobility aid.

 (v) Interior handrails and stanchions must permit sufficient turning and maneuvering space for mobility aids to reach securement location from lift/ramp.

 (vi) Handrails and stanchions must be provided in the entrance to the vehicle in a configuration which allows people to grasp the assists from outside the vehicle while starting to board, and to continue using the assists throughout the boarding process.

 (4) Secure systems.

 (i) There must be four tie down straps for each wheelchair position.

 (ii) For each mobility aid securement device, a passenger seat belt and shoulder harness must be provided for use by mobility aid users. These belts may not be used instead of a device which secures the mobility aid itself.

 (iii) Securement systems must be stowed in a way as not to present a hazard to passengers when not in use.

 (c) Current vehicles. Taxicabs authorized by the Authority on August 30, 2014, that are capable of providing taxicab service to a person in a wheelchair without the need for the person to exit the wheelchair are exempt from the requirements of subsection (b). The exemption provided in this subsection expires when the exempted vehicle is removed from taxicab service and does not run with the associated medallion or certificate of public convenience.

Subchapter B. COLORS AND MARKINGS

§ 1017.11. Distinctive colors and markings.

 (a) Taxicabs generally.

 (1) A taxicab must display the same colors and markings of its dispatcher that is on file with the Authority as provided in § 1019.7 (relating to name, colors and markings review).

 (2) The doors and the rear quarter panels of the taxicab must be dedicated to information about the dispatcher, including its name and phone number.

 (3) A taxicab may not use the services of more than one dispatcher.

 (b) Partial-rights taxicabs. Taxicabs operated through a partial-rights certificate must have the same colors and markings.

 (c) Simulation of colors and markings. A person may not mark, paint or design the exterior appearance of a taxicab to display inaccurate information, including an association with a dispatcher to which the vehicle is not associated.

§ 1017.12. Required markings and information.

 (a) In addition to the name, colors and markings required under § 1019.7 (relating to name, colors and markings review), a taxicab must continually display all of the following markings and information:

 (1) The identification number required under § 1017.14 (relating to taxicab numbering) must be posted on the front fenders of the taxicab and on the rear of the taxicab in print at least 3 inches in height and at least 1/2 inch in width.

 (2) Current State certificates of inspection stickers affixed to the lower driver side windshield as provided in 75 Pa.C.S. § 4728 (relating to display of certificate of inspection).

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

 (4) If the vehicle is a medallion taxicab, the current medallion must be attached to the hood of the vehicle.

 (5) A taxicab must be registered with the Department of Transportation and obtain commercial registration plates identifying the vehicle as a taxicab bearing the letters ''TX.''

 (6) If a taxicab is equipped with an approved safety camera system under § 1017.71 (relating to taxicab safety cameras), public notices must be affixed prominently to the exterior and interior of the taxicab as provided in § 1017.77 (relating to public notice).

 (b) The Authority may produce the standardized postings required by this part for taxicabs and may permit certificate holders to produce substantially similar postings. The Authority will specify the location of each posting.

§ 1017.14. Taxicab numbering.

 (a) Medallion taxicabs. The identification number of a medallion taxicab will be the number on the medallion attached to the taxicab.

 (b) Partial-rights taxicabs.

 (1) Each partial-rights certificate holder shall notify the Director by filing Form PRT-2 ''Vehicle Numbering'' of its intention to use a new identification number for a taxicab or to reassign an existing number to a different taxicab. The PRT-2 may be obtained on the Authority's web site at www.philapark.org/tld.

 (2) The Director may deny the requested partial-rights taxicab number assignment if it is determined that the requested number may lead to regulatory or public confusion.

 (c) Identification. Partial-rights taxicabs must be identified by a unique sequential number, as follows:

 (1) Taxicabs with rights through Certificate No. 1011748-02 shall be numbered ''G-1'' for the first vehicle, ''G-2'' for the second vehicle, and continue according to that sequence until each taxicab is issued a unique number.

 (2) Taxicabs with rights through Certificate No. 1011752-02 shall be numbered ''B-1'' for the first vehicle, ''B-2'' for the second vehicle, and continue according to that sequence until each taxicab is issued a unique number.

 (3) Taxicabs with rights through Certificate No. 1015925-05 shall be numbered ''CC-1'' for the first vehicle, ''CC-2'' for the second vehicle, and continue according to that sequence until each taxicab is issued a unique number.

 (4) Taxicabs with rights through Certificate No. 1011761-02 shall be numbered ''D-1'' for the first vehicle, ''D-2'' for the second vehicle, and continue according to that sequence until each taxicab is issued a unique number.

Subchapter C. METERS

§ 1017.21. Taxicab meters.

 (a) Generally. Each taxicab must be equipped with one sealed meter that satisfies the requirements in this subchapter.

 (b) Inspection and seals.

 (1) A taxicab meter will be inspected by the Authority prior to use.

 (2) The Authority will conduct meter accuracy testing to assure the meter is calibrated as provided in § 1017.22 (relating to meter calibration and testing).

 (3) Each taxicab meter must be equipped with a tamper-resistant seal to ensure that it is incapable of unauthorized access or manipulation of the data contained therein or to charge a fare not authorized by the Authority as provided in section 5703 or 5720 of the act, or both (relating to rates; and wages). Upon determining that a meter functions properly, the Enforcement Department will attach a numbered seal to the meter, if applicable.

 (4) A meter may not be used in a taxicab unless it is sealed as provided in paragraph (3). If the seal becomes broken or damaged, the certificate holder shall remove the taxicab from service immediately and schedule a new meter inspection by the Enforcement Department.

 (c) Location of meter. The meter shall be installed in the center of the driver portion of the taxicab in a position that permits the passenger to view the current fare.

§ 1017.23. Approved meters.

 (a) The Authority will maintain a list of meters approved for use in taxicabs. The list of approved taxicab meters may be obtained from the Authority's web site at www.philapark.org/tld.

 (b) A certificate holder may request to the Director in writing for the approval of the use of a new taxicab meter technology system. The request must include a detailed description of the technology, its technological specifications and functionality, which must meet the requirements of § 1017.24 (relating to meter activation and display).

§ 1017.24. Meter activation and display.

 (a) A taxicab meter may not be in operation before the taxicab is engaged by a passenger. The taxicab meter must be in operation during the entire time the vehicle is engaged by a passenger.

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

 (c) The meter must continuously display the current rate charged for an active fare and the display must be visible to the passenger.

 (d) The meters in every taxicab must have properly attached and approved receipt printers specified by the Authority in § 1017.23 (relating to approved meters), including all of the following:

 (1) The ability to issue a receipt containing information required by the Authority, including all of the following:

 (i) The mileage of the trip and amount paid, expressed in United States dollars.

 (ii) The vehicle's taxicab number.

 (iii) The taxicab's dispatcher.

 (iv) The driver's certificate number.

 (v) The Authority's phone number or email address to be used to report complaints.

 (vi) The time and date of the fare.

 (2) The ability to provide drivers with driving directions through a global positioning system.

 (3) Global positioning system tracking to monitor the location of each taxicab and provide driving directions to the taxicab driver.

 (4) The ability to pay fares through the use of credit card and debit card processing hardware mounted in the passenger compartment. A transaction, processing or other fees associated with the acceptance of a credit card or debit card fare payment and delivery of the fare payment to the taxicab driver may not exceed 5% of the total fare amount.

 (5) A driver recognition function to permit only Authority certified drivers in possession of a taxicab driver's certificate to activate and then use the meter to provide taxicab service.

 (6) The ability to be remotely disabled by the Authority.

 (7) The ability to communicate voice and text messages between the driver, dispatcher and the Authority.

 (e) A meter system may include a distress button that can be easily activated by a driver to silently communicate to the dispatcher the need for emergency assistance.

 (f) Partial-rights certificate holders are not required to comply with subsection (d).

§ 1017.25. One meter.

 A taxicab is prohibited from containing a taxicab meter other than the approved meter inspected by the Authority and sealed by the Authority, if applicable.

Subchapter D. TAXICAB INSPECTIONS

§ 1017.31. Vehicle inspections by the Authority.

 (a) Manner and frequency of inspection. Twenty-five percent of medallion taxicabs operating in Philadelphia must submit to a scheduled compliance inspection by the Authority on an annual basis at a time and location designated by the Authority. Each inspection will be conducted to verify that the taxicab satisfies the mechanical inspection required under 75 Pa.C.S. Chapter 47 (relating to inspection of vehicles) and vehicle quality standards as provided in § 1017.5 (relating to basic vehicle standards).

 (b) Selection process. The inspection selection process will be done using a computer software application utilized by the Authority to randomly select medallion taxicabs for inspection. At no time will the same medallion taxicab be required to submit to an annual inspection in the same calendar year.

 (c) Notice. The Authority will issue notice of the scheduled inspection to the corresponding medallion taxicab certificate holder within 14 days prior to the scheduled inspection.

 (d) State inspections. A medallion taxicab certificate holder may elect to have the Authority conduct a State inspection as defined in § 1017.1 (relating to definitions) upon request to the Authority, either at the time of the scheduled inspection under subsection (a) or at a time and place designated by the Authority. Upon a taxicab failing a State inspection conducted by the Authority under this subsection, the taxicab will be immediately placed out of service under § 1003.32 (relating to out of service designation) until the taxicab either passes a subsequent State inspection conducted by the Authority or is presented to the Enforcement Department with proof that it has passed a State inspection and current certificates of inspection are affixed to the vehicle as provided in 75 Pa.C.S. § 4728 (relating to display of certificate of inspection).

 (e) Fees.

 (1) Authority compliance inspection. Beginning November 4, 2016, the fee for an annual Authority compliance inspection conducted under subsection (a) is $25 and payment shall be made at the time of the inspection under § 1001.42 (relating to mode of payment to the Authority). The compliance inspection fee will be posted on the Authority's web site at www.philapark.org/tld as provided in § 1001.43 (relating to Authority fee schedule).

 (2) State inspection. The fee for a State inspection conducted under subsection (d) is $50 beginning February 25, 2017, and ending June 30, 2017, or when a new fee schedule is adopted under sections 5707 and 5710 of the act (relating to budget and assessments; and fees), whichever is later. Payment shall be made at the time of the inspection under § 1001.42. The current State inspection fee will be posted on the Authority's web site at www.philapark.org/tld as provided in § 1001.43.

§ 1017.32. TLD inspection sticker required.

 (a) The Authority will affix a TLD inspection sticker to the lower right hand side of the taxicab's windshield upon successful completion of the following inspections:

 (1) Each taxicab compliance inspection as provided in § 1017.31 (relating to vehicle inspections by the Authority).

 (2) A reinspection as provided in § 1017.36 (relating to reinspection).

 (3) A compliance inspection as provided in § 1017.2 (relating to preservice inspection).

 (b) A taxicab may not provide service unless a current TLD inspection sticker is properly affixed to the taxicab.

 (c) Each TLD inspection sticker will be valid only until the taxicab is presented to the Authority for another inspection, except as provided in § 1017.34 (relating to field inspections).

§ 1017.33. Failure to appear for scheduled inspection.

 If a taxicab fails to appear for an inspection as provided in § 1017.31 (relating to vehicle inspections by the Authority), the certificate holder may be subject to a penalty through issuance of a formal complaint and an out of service designation under § 1003.32 (relating to out of service designation).

§ 1017.38. Change of vehicle.

 (a) Medallion removal. In addition to the requirements in §§ 1013.2 and 1013.3 (relating to attachment of a medallion; and removal of a medallion), a medallion may not be attached to a different vehicle unless the vehicle has completed a compliance inspection.

 (b) Temporary registration.

 (1) At the time a vehicle is presented to the TLD for a compliance inspection as provided in § 1017.2 (relating to preservice inspection), a medallion taxicab certificate holder may present a temporary State registration (pink slip) in a form permissible by the Department of Transportation such as Form MV-1 or MV-4ST which has been approved by the TLD under § 1017.42(c) (relating to prerequisites to inspection).

 (2) The medallion taxicab certificate shall obtain a permanent registration card from the Department of Transportation and provide a copy of the permanent registration card to the Enforcement Department no later than 30 days from the date the vehicle was issued a TLD inspection sticker.

§ 1017.42. Prerequisites to inspection.

 (a) The Authority will not initiate an inspection of a taxicab, except as provided in § 1017.34 (relating to field inspections), if the taxicab is out of compliance with the act, this part or an order of the Authority.

 (b) The Authority will not initiate an inspection of a taxicab, except as provided in § 1017.34, if the certificate holder is out of compliance with the act, this part or an order of the Authority, including the following sections:

 (1) Section 1011.3 (relating to annual rights renewal process).

 (2) Section 1011.5 (relating to ineligibility due to conviction or arrest).

 (3) Section 1011.7 (relating to payment of outstanding fines, fees and penalties).

 (c) Prior to a vehicle first entering into taxicab service as provided in §§ 1017.2 and 1017.38 (relating to preservice inspection; and change of vehicle), a medallion taxicab certificate holder shall present to the Authority for approval the documents required by the Department of Transportation necessary to title and commercially register the vehicle as a taxicab in the certificate holder's name.

 (1) Documentation required to be submitted to the Authority under this subsection must contain proof of insurance for the vehicle that is maintained by the certificate holder and as evidenced on the certificate of insurance on file with the Authority under Chapter 1025 (relating to insurance required).

 (2) Documentation required to be submitted to the Authority under this subsection will be reviewed for compliance under §§ 1017.4, 1017.43 and 1017.44 (relating to age and mileage limitations; approved models and conditions; and reconstructed vehicles prohibited).

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

Subchapter G. SAFETY CAMERAS

§ 1017.71. Taxicab safety cameras.

 Beginning November 4, 2016, a taxicab must be equipped with a protective shield as provided in § 1017.5 (relating to basic vehicle standards) or one safety camera system approved by the Authority as provided in § 1017.73 (relating to approved safety camera system).

§ 1017.72. Safety camera system testing.

 A safety camera system is subject to a field inspection by an inspector at any time and may be tested as part of each scheduled inspection.

§ 1017.73. Approved safety camera system.

 (a) The Authority will maintain a list of safety camera systems approved for use in taxicabs. The list may be obtained from the Authority's web site at www.philapark.org/tld.

 (b) A safety camera system may be added to the list maintained under this section upon request of a certificate holder and evidence of compliance with this subchapter.

 (c) A taxicab safety camera system will be inspected by the Authority prior to being placed on the Authority's approved list as provided in subsection (a).

 (d) The Authority will conduct safety camera system testing to ensure the system meets the requirements of this subchapter.

§ 1017.74. Safety camera requirements.

 (a) The purpose of this section is to establish certain minimum safety camera system requirements.

 (b) The safety camera system must be turned on and operational at all times when a taxicab's motor is running.

 (c) The safety camera system may not make an audio recording.

 (d) The safety camera system must be able to record data including all of the following:

 (1) The full face of the driver and all occupants seated in passenger seats and facing forward.

 (2) The date and time of the recording.

 (3) The taxicab number.

 (4) The safety camera serial number.

 (e) The safety camera system must record and store images in one of the following ways:

 (1) In a unit separate from any camera that is concealed from view and fastened securely to the vehicle.

 (2) In the camera unit itself.

 (3) In a digital cloud.

 (f) Each safety camera system must be equipped with a tamper-resistant seal to ensure that it is incapable of unauthorized access or manipulation of the data contained. If the seal of a safety camera system becomes broken or damaged, the certificate holder shall remove the taxicab from service immediately and notify the Enforcement Department.

§ 1017.76. Certificate holder responsible.

 (a) The certificate holder shall inspect each taxicab safety camera system prior to service each day to ensure it is in compliance with this subchapter and is in proper working order. A certificate holder may select a person to conduct the inspections required under this section on the certificate holder's behalf.

 (b) In the event that a safety camera system is not fully operational, the taxicab shall be taken out of service and the Enforcement Department shall be notified immediately.

§ 1017.77. Public notice.

 (a) The Authority will produce a standardized posting to be displayed on taxicabs to provide public notice of the presence of the safety camera system in each taxicab as provided in § 1017.12(b) (relating to required markings and information).

 (b) The notice required under this section must be affixed prominently to the exterior and interior of every taxicab that employs the use of a safety camera system.

 (c) A taxicab equipped with an approved safety camera shall be presented to the Enforcement Department for issuance of the posting required under this section prior to providing taxicab service.

§ 1017.78. Accessing safety camera images.

 (a) Purpose. The purpose of a safety camera system is to discourage bad acts in taxicabs in furtherance of protecting the health and safety of taxicab drivers and the public.

 (b) Prohibitions. Images from a safety camera's system shall be maintained by a medallion certificate holder or dispatcher in the strictest of confidentiality and may not be duplicated, released or disclosed except as provided in subsection (c).

 (c) Access. The Authority will be permitted to access safety camera images upon its written request to a certificate holder when necessary for the purpose of investigating a formal complaint against a medallion owner or taxicab driver or to respond to a subpoena, court order or other legal obligation.

§ 1017.79. Storage of safety camera images.

 Safety camera images shall be maintained and stored for no less than 30 days at the medallion or dispatcher certificate holder's place of business. Upon presentation of the taxicab safety camera system to the Authority under § 1017.77 (relating to public notice), the medallion certificate holder shall submit a written statement to the Enforcement Department verifying the place of business where the safety camera images will be stored and the address of the location pertaining to postings under § 1017.77.

Subchapter H. STAND-BY VEHICLES

Sec.

1017.81.	Definitions.
1017.82.	Use of stand-by vehicles.
1017.83.	Procedure to place a stand-by vehicle into service.
1017.84.	Procedure to remove a stand-by vehicle from service.
1017.85.	Fleet owner requirements.

§ 1017.81. Definitions.

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

 Fleet—A minimum of 25 taxicabs operated or owned by the same fleet owner.

 Fleet owner—A sole proprietorship, corporation, partnership or limited liability company that owns or operates taxicabs and meets all of the following requirements:

 (i) Controls a minimum of 25 taxicabs.

 (ii) Has a single business location that is adequate for the storage, maintenance, repair and dispatch of the fleet taxicabs, and the storage and maintenance of record.

 (iii) Operates with a dispatcher who assigns drivers to fleet taxicabs.

 Stand-by vehicle—A vehicle authorized by the TLD to provide temporary taxicab service and bearing a valid TLD issued inspection sticker in full compliance with TLD regulations. A stand-by vehicle is to be used only as a temporary replacement for a medallion taxicab that is temporarily out of service.

§ 1017.82. Use of stand-by vehicles.

 (a) Only a fleet owner can maintain and use stand-by vehicles.

 (b) A stand-by vehicle can be used in place of a current medallion taxicab, for no more than 30 days, only in the following circumstances:

 (1) The current medallion taxicab is out of service for repairs or for required inspection.

 (2) A medallion taxicab has been stolen or involved in a reportable accident.

 (c) A fleet owner can maintain stand-by vehicles equal to no more than 10% of the total number of current medallion taxicabs owned or operated by the fleet owner.

 (d) When a stand-by vehicle is placed into service under § 1017.83 (relating to procedure to place a stand-by vehicle into service), the medallion of the disabled taxicab shall be transferred to the stand-by vehicle in a manner consistent with § 1013.3 (relating to removal of a medallion).

 (e) Form SB-2 must be carried in the stand-by taxicab and shall be presented to an inspector, law enforcement or the PUC upon request.

§ 1017.83. Procedure to place a stand-by vehicle into service.

 (a) A fleet owner shall first register the designated vehicle as a stand-by vehicle as follows:

 (1) The vehicle shall be commercially registered with the Department of Transportation in the medallion certificate holder's name and insured under medallion certificate holder's current policy that is on file with the Authority.

 (2) Complete and file Form SB-2 ''Stand-By Vehicle Application'' with the TLD Enforcement Department and remit payment of the Authority compliance inspection fee as provided § 1001.43 (relating to Authority fee schedule). Form SB-2 may be obtained on the Authority's web site at www.philapark.org/tld.

 (b) The fleet owner shall then present the vehicle to the TLD Enforcement Department for an Authority compliance inspection under § 1017.31(a) (relating to vehicle inspections by the Authority). Upon passing inspection, the vehicle will be assigned a unique number (that is, SBV-01, and the like).

 (c) When a fleet owner elects to place a stand-by vehicle into taxicab service and prior to its entry into taxicab service, the fleet owner shall first notify the Manager of Enforcement by email and include the medallion number that is at issue, the stand-by vehicle number that will be in temporary service for that medallion, the date the disabled taxicab was being removed from service and the reason for the use of the stand-by vehicle. The Manager of Enforcement may authorize the medallion owner to remove the medallion consistent with § 1013.3 (relating to removal of a medallion).

§ 1017.84. Procedure to remove a stand-by vehicle from service.

 A fleet owner who wishes to remove a stand-by vehicle from service shall contact the TLD Enforcement Department for an inspection appointment and the removal and transfer of the medallion under Subchapter D (relating to taxicab inspections).

§ 1017.85. Fleet owner requirements.

 (a) SB-1. To qualify for the use of a stand-by vehicle, a fleet owner shall complete and file Form SB-1 ''Stand-By Fleet Owner Application'' with the Director along with the fee in the Authority's annual fee schedule as provided in § 1001.43 (relating to Authority fee schedule).

 (b) Fee. The fee that shall accompany the filing of an SB-1 under this section is $350 beginning February 25, 2017, and ending on June 30, 2017, or when a new fee schedule is adopted under sections 5707 and 5710 of the act (relating to budget and assessments; and fees), whichever is later. Payment shall be made under § 1001.42 (relating to mode of payment to the Authority). The current SB-1 filing fee will be posted on the Authority's web site at www.philapark.org/tld as provided in § 1001.43.

CHAPTER 1019. DISPATCHERS

§ 1019.3. Dispatcher application.

 (a) General. To obtain a dispatcher's certificate a person shall complete and file Form SA-1 ''Sale Application'' in person with the Director along with the application fee as provided in §§ 1001.42 and 1001.43 (relating to mode of payment to the Authority; and Authority fee schedule). The SA-1 may be obtained on the Authority's web site at www.philapark.org/tld.

 (1) The applicant for a dispatcher's certificate shall execute the SA-1 in the presence of the Director or a designee. If the applicant is not an individual, the application must include an original executed and notarized resolution from the applicant authorizing the execution and filing of the SA-1 application.

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

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

 (b) SA-1 application. The completed SA-1 shall be verified as provided in § 1001.36 (relating to verification and affidavit) and be filed with the Director in person by the owner of the applicant and include all of the information required by the Authority:

 (1) The name of the applicant and contact information, including a mailing address, a business address of the exact location of dispatch operations, a telephone number, an email address and a facsimile number.

 (2) An identification of the applicant as an individual or a person as provided in § 1001.10 (relating to definitions).

 (3) If the applicant is not an individual, the following must be included:

 (i) The articles of incorporation, operating agreement, formation documents or other applicable organizing documents for the applicant.

 (ii) A certificate of good standing for the applicant from the Bureau of Corporations and Charitable Organizations.

 (iii) A copy of the Department of State's entity page for the applicant.

 (iv) The trade name, if any, of the applicant and a copy of the trade name registration certificate, if applicable.

 (v) The name of a holding company as defined in § 1011.2 (relating to definitions) having an interest in the proposed buyer and a contemporaneous certificate of good standing for the holding company from the Bureau of Corporations and Charitable Organizations, or similarly authorized entity in another jurisdiction in the United States.

 (4) The mailing address and physical address of the applicant, if different.

 (5) A list of all Authority or PUC certificates or other rights in which the applicant or any person with a controlling influence in the applicant has any controlling interest, including taxicab medallions.

 (6) The name, address, telephone number, facsimile number and email address of any attorney or broker, or both, assisting the applicant through the Authority's dispatcher certification process.

 (7) A criminal history report issued within 30 days of the filing of the application from any jurisdiction in which all of the following individuals have lived during the last 5 years through the date of application:

 (i) An individual applicant.

 (ii) Any person with a controlling interest in the applicant.

 (iii) Each key employee.

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

 (i) The applicant, each person with a controlling interest in the applicant and each key employee have not been subject to a conviction as provided in § 1001.10.

 (ii) The applicant, each person with a controlling interest in the applicant and each key employee are in compliance with § 1011.7 (relating to payment of outstanding fines, fees and penalties).

 (iii) The applicant, each person with a controlling interest in the applicant and each key employee are current on all reports due in relation to other rights issued by the Authority.

 (iv) The applicant can comply with the requirements in § 1019.8 (relating to dispatcher requirements).

 (v) The proposed buyer has read and understands the prohibitions of ownership as provided in § 1011.5 (relating to ineligibility due to conviction or arrest).

 (9) A copy of the applicant's business plan.

 (10) A completed original of Form DSP-3 ''Business Experience Questionnaire.'' A copy of the DSP-3 may be obtained on the Authority's web site at www.philapark.org/tld.

 (11) The Federal Tax Identification number of the applicant.

 (12) A list including name, home address and telephone numbers for current corporate officers, directors, stockholders, key employees and persons with controlling interests as defined in § 1011.2, if applicable.

 (c) DSP-2 application. At the time an SA-1 is filed, an applicant for a dispatcher's certificate shall also file a DSP-2 ''Dispatcher Colors and Markings Change/Application'' as provided in § 1019.7 (relating to name, colors and markings review).

 (d) Financial fitness generally. The Authority will review the financial fitness of the applicant for a dispatcher's certificate, including all of the following:

 (1) Bank statements of the applicant for a dispatcher's certificate or bank statements of the holder of stock or membership certificate evidencing ownership of a bank account not less than the greater of $5,000 in unencumbered or available funds.

 (2) The credit report of each of the persons identified in subsection (b)(12) evidencing a credit score of at least 600 for each person.

 (3) The absence of any outstanding and unappealed civil judgments against each person identified in subsection (b)(12).

 (4) The Authority may require the submission of additional financial information necessary to determine the financial fitness of an applicant for a dispatcher's certificate.

 (e) Broker. Documents intended for submission to the Director as part of the sale process shall be prepared by a broker registered with the Authority as provided in Chapter 1029 (relating to brokers) or an attorney admitted to practice law by the Supreme Court of Pennsylvania.

§ 1019.5. Facility inspection.

 (a) An applicant for a dispatcher's certificate shall make its proposed operating locations available for inspection by the Enforcement Department as part of the application process and throughout the term of its status as a dispatcher. A facility inspection may be conducted without prior notice.

 (b) Dispatchers shall provide all dispatching services from facilities located in this Commonwealth within 10 miles of Philadelphia.

§ 1019.6. Review of dispatcher application.

 (a) An application for a dispatcher's certificate will be denied by the Authority if the dispatcher is unable to meet the requirements in this chapter, including § 1019.8 (relating to dispatcher requirements).

 (b) An application for a dispatcher's certificate will be denied if the applicant has a record of regulatory violations with the Authority or the PUC which evidences a disregard for the public interest.

 (c) The application for a dispatcher's certificate will be denied if the applicant or a person with controlling interest or a key employee of the applicant has been subject to the suspension, revocation or cancellation of rights issued by the Authority or common carrier rights issued by the PUC during the 1-year period immediately preceding the date the SA-1 was filed with the Authority.

 (d) If the Director determines that the applicant for a dispatcher's certificate is qualified as provided in the act, this part or an order of the Authority, and the applicant is capable of providing dependable service, a recommendation to approve the application will be presented to the Authority for approval at its next regularly scheduled meeting.

 (e) Upon compliance with all requirements of this chapter and the Authority's notice of approval, the Authority will issue a new dispatcher certificate to the new dispatcher as part of the approval process.

§ 1019.7. Name, colors and markings review.

 (a) To change or establish any fictitious operating name, colors or markings, a dispatcher shall file a DSP-2 ''Dispatcher Colors and Markings Change/Application.'' If the DSP-2 is being filed for purposes of a markings review and approval, the DSP-2 must be accompanied by the application fee as provided in §§ 1001.42 and 1001.43 (relating to mode of payment to the Authority; and Authority fee schedule). The DSP-2 may be obtained on the Authority's web site at www.philapark.org/tld.

 (b) The Authority will not approve a DSP-2 application if it determines that the requested fictitious operating name or markings are similar to those of an existing dispatcher.

 (c) Upon approval of a DSP-2 application, the dispatcher shall have the exclusive right to use the approved fictitious operating name and markings, provided the certificate has not expired or been cancelled.

 (d) Each dispatcher shall use only a single name and marking scheme that is approved by the Authority for all the medallion taxicabs it dispatches.

 (e) Each dispatcher shall use only the color scheme that is on file with the Authority for all medallion taxicabs it dispatches.

 (f) Each dispatcher shall use a distinctive name and marking scheme for partial-rights taxicabs it dispatches as provided in § 1017.11(b) (relating to distinctive colors and markings).

 (g) A dispatcher may not change an approved fictitious operating name or markings scheme without advance approval of the Authority as provided in this section.

 (h) A dispatcher may not change its colors without advance notice to the Authority as provided in subsection (a).

 (i) Upon the approval of a fictitious operating name or markings scheme, the Director will notify the dispatcher of the applicable time period of when all taxicabs affiliated with the dispatcher must display the new name or markings scheme.

 (j) The colors and markings of a dispatcher must be consistent with the requirements in Chapter 1017 (relating to vehicle and equipment requirements).

§ 1019.8. Dispatcher requirements.

 (a) General requirements. A dispatcher shall continually maintain standards and equipment capable of providing prompt and adequate service to the public, including all of the following:

 (1) Technology that is approved by the Authority that facilitates two-way communication, in real time verbal and data, between the dispatcher and driver of a taxicab. A written description including the specifications of the two-way communication technology shall be submitted to the Authority for approval and inspection before a dispatcher may use the technology, unless the two-way communication has already been approved for use in conjunction with an approved meter system as provided in § 1017.23 (relating to approved meters).

 (2) Respond to customer calls 24 hours a day.

 (3) Have taxicabs available for dispatch 24 hours a day, 7 days a week.

 (4) Dispatch taxicabs with current Authority rights to provide the service requested.

 (5) Obtain the Authority's confirmation, which may be provided by the Authority through email, of a taxicab's good standing before beginning to provide it with dispatching service.

 (6) Have at least one display advertisement in a telephone book with citywide circulation in Philadelphia or a web site which displays all of the information necessary to order a taxicab through the dispatcher.

 (7) Have a minimum of four coordinated telephone lines to receive incoming calls for service from the public.

 (8) Operate and maintain a taxicab meter system approved by the Authority as provided in § 1017.23, including computer hardware and software, means of communication between the dispatcher and each taxicab meter and the Authority.

 (9)  Answer customer questions about rates and services provided within 12 hours.

 (10) Answer customer questions or complaints about service in writing and within 5 days of receipt of the complaint.

 (11) Maintain records as provided in § 1019.14 (relating to dispatcher records).

 (12) A dispatcher may not discriminate against nor allow its affiliated drivers to discriminate against any member of the public and may not refuse service to any section of Philadelphia. Partial-rights taxicabs may only be dispatched to provide service consistent with the certificate holder's rights.

 (13) A dispatcher shall be able to receive and respond to emergency or distress alerts received from taxicab drivers 24 hours a day, 7 days a week.

 (14) In addition to the requirements in the act, this part or an order of the Authority, a dispatcher may institute rules of conduct for drivers and certificate holders associated with the dispatcher.

 (15) A dispatcher shall report violations of the act, this part or an order of the Authority committed by a driver or certificate holder associated with the dispatcher to the Authority immediately.

 (16) Upon receipt of a request for wheelchair accessible vehicle (WAV) taxicab service directly from a source, including a potential customer or as provided in § 1021.16(a) (relating to service issues regarding people with disabilities), a dispatcher not authorized to dispatch WAV taxicabs shall immediately forward the potential customer's contact information and location to a WAV taxicab dispatcher through a means of electronic communication approved by the Authority.

 (b) WAV taxicab dispatcher authorization and renewal.

 (1) A dispatcher or applicant for a dispatcher's certificate as provided in § 1019.3 (relating to dispatcher application) may request authorization to act as a WAV taxicab dispatcher by filing Form DSP-7 ''WAV Dispatcher Authorization'' with the Manager of Administration. Form DSP-7 is available on the Authority's web site at www.philapark.org/tld.

 (2) The authorization to dispatch WAV taxicabs is nontransferable.

 (3) The authorization to dispatch WAV taxicabs will automatically expire on July 1 of each year. A dispatcher may reapply for WAV dispatcher authorization at the time it makes its annual filing as provided in § 1011.3 (relating to annual rights renewal process).

 (4) The authorization to dispatch WAV taxicabs may be suspended, cancelled or revoked for a violation of the act, this part or an order of the Authority.

 (5) Dispatchers engaged in dispatching of WAV taxicabs on August 30, 2014, may continue without the authorization required under paragraph (1) until July 1, 2015. This exemption does not apply to the dispatching of WAV medallion taxicabs.

 (c) WAV taxicab dispatcher requirements.

 (1) Only a WAV taxicab dispatcher may dispatch WAV taxicabs.

 (2) A WAV taxicab dispatcher may not have less than 10% of the WAV taxicabs authorized by the Authority to provide citywide call or demand service in its association at all times. The Authority will maintain a current list of authorized WAV taxicabs on its web site at www.philapark.org/tld.

 (3) A WAV taxicab dispatcher shall maintain a means of immediate and simultaneous telephone, Internet or other electronic communication with every WAV taxicab dispatcher that is approved in advance by the Authority. The Authority will post a list of approved communication methods on its web site at www.philapark.org/tld.

 (4) Dispatchers shall give preference to persons seated in a wheelchair when dispatching a WAV taxicab.

 (5) Customers referred to a dispatcher as provided in subsection (a)(16) or § 1021.16(a) shall be serviced in all ways as if the request were made directly to the dispatcher.

 (6) In the event that a WAV taxicab dispatcher cannot provide a WAV taxicab to a requesting customer within 20 minutes, the request for service shall be forwarded by the WAV taxicab dispatcher to every other WAV taxicab dispatcher through the system required under paragraph (3).

 (7) The information provided by the forwarding WAV taxicab dispatcher as provided in paragraph (6) must include the information necessary to provide the requested service, including all of the following:

 (i) The time the request was received by the forwarding WAV dispatcher.

 (ii) The time that the service is requested to begin.

 (iii) The location where the WAV taxicab is expected to appear to initiate service.

 (iv) The telephone number and other contact information of the person requesting service, if available.

 (v) The time that the forwarding WAV dispatcher would be able to initiate service, if at all.

 (8) A WAV taxicab dispatcher shall immediately accept the request forwarded as provided in paragraph (6) if the dispatcher can provide a WAV taxicab as requested before the forwarding dispatcher and sooner than any other WAV dispatcher. If the request for service is not accepted, the forwarding WAV dispatcher shall provide the service as provided in paragraph (7)(v).

 (9) Acceptance of the forwarded request shall be simultaneously communicated to all other WAV taxicab dispatchers through the system required under paragraph (3).

 (10) The accepting dispatcher shall inform the person that has requested WAV taxicab service that it will dispatch a WAV taxicab to the requester immediately.

 (11) A WAV dispatcher shall use a dispatching system that maintains all of the following data, in addition to the requirements in this section and § 1019.14:

 (i) Each request to the dispatcher for a WAV taxicab and the dispatcher's response to that request.

 (ii) Each occasion of WAV taxicab service to a person in a wheelchair by a taxicab in the dispatcher's association, including the date of service, the amount of the fare paid and the manner in which the taxicab service was initiated.

 (iii) The name and WAV taxicab driver certificate number for each driver that has accepted or declined a dispatch for service to a person in a wheelchair.

 (12) The WAV dispatcher's monthly filing of Form DSP-4 as provided in § 1019.9 (relating to list of affiliated taxicabs) must include the data maintained in its dispatch system as provided in paragraph (11).

 (13) The Authority will maintain a list of WAV dispatchers on its web site at www.philapark.org/tld.

§ 1019.9. List of affiliated taxicabs.

 A dispatcher shall file a complete Form DSP-4 ''Dispatcher Affiliated Taxicabs'' with the Authority on the first business day of each month noting the taxicab numbers and certificate holders associated with the dispatcher at that time. Form DSP-4 may be obtained at www.philapark.org/tld.

CHAPTER 1021. TAXICAB DRIVERS

§ 1021.2. Certification required.

 (a) Only a taxicab driver as defined under § 1001.10 (relating to definitions) may provide taxicab service.

 (b) A taxicab driver shall carry and display an original taxicab driver's certificate on the protective shield of the taxicab on the driver's side with the front of the certificate (picture) facing the rear seat at all times or in the center of the front compartment of the vehicle so long as it is plainly visible to all passengers in the vehicle.

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

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

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

§ 1021.4. Ineligible persons for taxicab driver certificate.

 In addition to other prohibitions provided in this part, an applicant for a taxicab driver's certificate is automatically ineligible under all of the following circumstances:

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

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

 (3) The applicant has failed to satisfactorily complete taxicab driver training and testing as prescribed by this chapter.

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

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

 (6) Unless otherwise permitted by the Authority, the applicant does not have a driving history in the United States of at least 1 continuous year prior to the date of application.

 (7) The applicant's driver's history reflects three moving violations or a major violation as defined in § 1011.2 (relating to definitions) in the 3-year period prior to the driving history check.

 (8) The applicant has been convicted of driving under the influence of drugs or alcohol in the preceding 7 years from the filing date of DR-1 ''Driver Application.''

 (9) The applicant has been disqualified by the Authority from being a TNC driver under section 57A12(e) of the act (relating to transportation network company drivers) within the 5 years immediately preceding the filing date of DR-1 ''Driver Application.''

§ 1021.5. Standards for obtaining a taxicab driver's certificate.

 (a) General. To obtain a taxicab driver's certificate an individual shall complete and file with the Director Form DR-1 ''Driver Application,'' along with the application fee which shall be paid as provided in § 1001.42 (relating to mode of payment to the Authority). The DR-1 may be obtained on the Authority's web site at www.philapark.org/tld and be completed in person before TLD staff. The fee for a taxicab driver's certificate is $25 beginning November 4, 2016, and ending January 1, 2018. Thereafter, any annual increase to the fee may not exceed the percentage annual change in the Gross Domestic Product Price Index, as calculated by the United States Department of Commerce. The current taxicab driver certificate fee will be posted on the Authority's web site at www.philapark.org/tld under § 1001.43 (relating to Authority fee schedule). The taxicab driver certificate fee does not include the fees associated to attend taxicab driver training whether conducted by the Authority or an approved third party under § 1021.7 (relating to taxicab driver training).

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

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

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

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

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

 (5) Authorization for release of the applicant's criminal history report from the State Police to the Authority, if necessary, and authorization for the release of the applicant's criminal history report from a certificate holder.

 (6) Authorization for the release of the applicant's driver history report from the Department of Transportation to the Authority, if necessary, and authorization for the release of the applicant's driver history report from a certificate holder.

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

 (8) A list of all Authority or PUC certificates in which the applicant has any controlling interest, including taxicab medallions.

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

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

 (ii) The applicant is in compliance with § 1011.7 (relating to payment of outstanding fines, fees and penalties).

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

§ 1021.5a. Special wheelchair accessible vehicle taxicab driver's certificate and requirements.

 (a) Purpose. The WAV taxicab driver's certificate is created to ensure that the needs of the disabled community are known and fully addressed by the drivers of WAV taxicabs and to ensure that those in need of WAV taxicab transportation are efficiently and adequately provided with that transportation by the best qualified drivers available.

 (b) WAV taxicab drivers.

 (1) The Authority will issue a special driver's certificate for individuals to provide WAV taxicab service as provided in section 5706(a.1)(1) of the act (relating to driver certification program).

 (2) A WAV taxicab driver's certificate will identify the driver as having been trained in the operation of a WAV taxicab and in the best practices of transporting a person in a wheelchair.

 (3) To obtain a WAV taxicab driver's certificate, an individual, including a current taxicab driver, shall comply with the taxicab driver requirements of this chapter and submit a completed Form DR-4 ''WAV Driver Application.'' Form DR-4 is available on the Authority's web site at www.philapark.org/tld.

 (4) An applicant may apply for a taxicab driver's certificate and a WAV taxicab driver's certificate at the same time. If an applicant discontinues the WAV taxicab driver certification process or is unable to successfully complete the training, the applicant may pursue taxicab driver's certification.

 (5) Applications for a WAV taxicab driver certificate will be processed by the Director in the order accepted for filing.

 (6) A WAV taxicab driver certificate includes the authorizations applicable to a taxicab driver's certificate.

 (7) An applicant for a WAV taxicab driver's certificate shall maintain a record of compliance with the act, this part and orders of the Authority as follows:

 (i) A WAV taxicab driver applicant shall have at least 1 year of Philadelphia taxicab driver experience as an Authority-certificated driver completed within the immediately preceding consecutive 24-month period prior to the date of application.

 (ii) A WAV taxicab driver application will be denied if an order has been entered against the applicant by the Authority or the PUC related to the provision of unsafe or discourteous taxicab service.

 (iii) A WAV taxicab driver application will be denied if the applicant's taxicab driver's certificate or limousine driver's certificate has ever been cancelled or revoked.

 (iv) A WAV taxicab driver application will be denied if the applicant's taxicab driver's certificate has been suspended for any reason in the immediately preceding consecutive 36 months.

 (8) Only a taxicab driver certificated by the Authority as provided in this section may provide taxicab service in a WAV taxicab.

 (c) WAV taxicab driver renewal.

 (1) A WAV taxicab driver's certificate may be renewed by filing the completed Form DR-4 with the Manager of Administration and adhering to standard renewal requirements as provided in § 1011.3 (relating to annual rights renewal process).

 (2) The Authority will not renew a WAV taxicab driver's certificate if the driver has failed to provide taxicab service in a WAV taxicab for at least 800 hours in the immediately preceding consecutive 12-month period.

 (3) The annual taxicab driver renewal fee charged by the Authority shall be paid from the proceeds of the sale of WAV medallions authorized by section 5711(c) of the act (relating to power of authority to issue certificates of public convenience) for each successfully renewed WAV taxicab driver.

 (4) When a WAV taxicab driver's certificate is denied as provided in paragraph (2) and not on another basis, the Authority will issue the renewing driver a standard taxicab driver's certificate.

 (d) Wheelchair service preference.

 (1) A person seated in a wheelchair who requests taxicab service shall be given preference by a WAV taxicab driver over a potential customer that is not in a wheelchair. For example, if a WAV taxicab is hailed by two people at the same time but only one of those people is seated in a wheelchair, service shall be provided to the person seated in the wheelchair first.

 (2) A customer already seated in a taxicab may not be asked to exit the taxicab to accommodate a person seated in a wheelchair.

 (3) When a WAV taxicab has been dispatched and is in route to provide taxicab service to a person not in a wheelchair and is hailed by a person seated in a wheelchair, the WAV taxicab driver shall stop and provide taxicab service to the person in a wheelchair. Prior to assisting the hailing customer into the WAV taxicab, the driver shall notify his dispatcher of the hail. The dispatcher shall arrange for an alternate taxicab to provide service to the original customer.

 (4) A WAV taxicab driver shall notify his dispatcher each time taxicab service is provided to a person in a wheelchair. The notification required under this paragraph shall be made once the customer is secured in the taxicab.

§ 1021.7. Taxicab driver training.

 (a) Training required. An applicant shall complete a training program.

 (b) Training options. An applicant has the option to complete the taxicab driver training program conducted by the Authority under subsection (d) or conducted by a third party that has been approved by the Authority under subsection (e).

 (c) Eligibility. Upon submission of a completed DR-1 application as provided in this chapter, the DR-1 will be reviewed to determine if the applicant is eligible to attend the required training program conducted by either the Authority or an approved third party as provided in subsection (d) or (e).

 (1) An applicant will not be scheduled for training conducted by the Authority or receive clearance from the Authority to attend an approved third-party training program if the application documents present information that clearly renders the applicant ineligible to be a taxicab driver. For example, an applicant who does not possess a valid driver's license or is not in compliance with § 1011.7 (relating to payment of outstanding fines, fees and penalties) will not be scheduled for training or receive clearance to attend training.

 (2) If the applicant is eligible to attend training, the applicant may be issued a provisional taxicab driver certificate, for up to 90 days from the filing date of the DR-1, or until a certificate is issued by the Authority, whichever is earlier.

 (d) Training by the Authority. Taxicab driver training conducted by the Authority will be held at TLD Headquarters and will consist of a minimum of 18 hours of in-class instruction addressing the training subjects as provided in § 1021.8 (relating to certain training subjects).

 (1) The fee to attend training conducted by the Authority is $100 beginning February 25, 2017, and ending June 30, 2017, or when a new fee schedule is adopted under sections 5707 and 5710 of the act (relating to budget and assessments; and fees), whichever is later.

 (2) The training fee shall be paid prior to attending training and as provided in § 1001.42 (relating to mode of payment to the Authority).

 (e) Training by an approved third party. An Authority approved third-party taxicab driver training program will be conducted at a location, date and time determined by the third party and will address training subjects as provided in § 1021.8.

 (f) Approval of third-party training program. A person may submit a written request to be an approved third-party trainer under this chapter by submitting all of the following to the Director:

 (1) A proposed curriculum that includes the training subjects as outlined in § 1021.8.

 (2) A detailed comprehensive plan identifying all of the following:

 (i) The location of where the training program will be conducted.

 (ii) The frequency of when the training program will be offered, including days and hours of the training program's operations.

 (iii) The number of days and hours that a taxicab driver applicant will have to attend to complete the program.

 (iv) The cost per taxicab driver applicant for attending the training program.

 (v) Explanation as to how the training program will be advertised.

 (vi) Nondiscrimination policy to offer the training program to any taxicab driver applicant regardless of which dispatcher or medallion taxicab owner the driver may associate with.

 (vii) Rules governing the completion of the training program and procedure for issuing certificates of completion to taxicab driver applicants under § 1021.8(d).

 (viii) Explanation as to how the training program will demonstrate and conduct tutorials of all Authority-approved medallion taxicab meter systems.

 (3) Upon approval of the third-party training program, the Authority will issue a certificate of approval to be displayed at all times at the third-party training program location.

 (4) The Authority will maintain a list of approved third-party training programs on the Authority's web site at www.philapark.org/tld.

§ 1021.8. Certain training subjects.

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

 (b) Basic training issues. Taxicab driver training will be developed to address all areas of the act, this part and orders of the Authority. The dress code applicable to taxicab drivers applies to applicants during training whether conducted by the Authority or an approved third party. Training will address issues provided for in subsection (a), including the following subjects:

 (1) Authority regulations governing taxicab drivers, including differences between the services medallion taxicabs and partial-rights taxicabs provide.

 (2) Authority regulations governing taxicab certificate holders.

 (3) Authority regulations governing equipment.

 (4) Penalties for violation of Authority regulations.

 (5) An overview of the administrative process related to violations.

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

 (7) Customer service issues, including the following:

 (i) Personal appearance of drivers.

 (ii) Driver courtesy and hygiene.

 (iii) Assistance to elderly and people with disabilities.

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

 (i) Defensive driving techniques.

 (ii) Emergency aid.

 (iii) Vehicle and equipment inspections.

 (iv) Crime prevention.

 (v) Accident reporting procedures.

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

 (i) Map reading.

 (ii) Overview of major street and traffic patterns.

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

 (c) WAV taxicab driver training.

 (1) In addition to training required under this section, WAV taxicab driver training will consist of a minimum of 6 hours of in-class instruction and field training necessary to address current and evolving issues related to WAV taxicab service, including sensitivity training, safe and proper use of applicable equipment, and regulations regarding WAV taxicab service.

 (2) WAV taxicab driver training will consist of training in all aspects of WAV taxicab service, including the operation of a WAV taxicab and the entry, exit and securing of a passenger in a wheelchair.

 (3) A WAV taxicab driver must attend a minimum of 4 hours of continuing WAV taxicab service training every 2 years.

 (d) Testing. The applicant will be scheduled for testing conducted by the Authority at TLD Headquarters under § 1021.9 (relating to taxicab driver test) upon completion of training conducted by the Authority or upon the applicant's submission of a certificate of completion to the Authority from an approved third-party training program.

§ 1021.10. Expiration and renewal of certificate.

 An individual with a taxicab driver's certificate that has been expired for more than 2 years shall attend taxicab driver training and pass the taxicab driver test provided in this chapter before providing service.

§ 1021.11. Driver requirements.

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

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

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

 (ii) The appropriate name, colors and markings scheme are affixed to the taxicab.

 (iii) The taxicab's tires are full size and the treads are not worn below the level permitted under 67 Pa. Code Chapter 175 (relating to vehicle equipment and inspection).

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

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

 (4) Operation of the heater and air conditioner to confirm the taxicab's ability to maintain the air temperature required under § 1017.5(b)(14) (relating to basic vehicle standards).

 (5) An inspection of the taxicab meter to assure it has been approved for use by the Authority, is sealed as provided in § 1017.21(b)(3) (relating to taxicab meters) and is in proper working order at all times. Unsealed or improperly sealed meters and malfunctioning meters shall be reported to the Enforcement Department immediately.

 (b) Presentation and appearance. A taxicab driver is responsible for providing clean, safe and courteous taxicab service, including all of the following:

 (1) Presenting a neat and clean appearance while providing taxicab service.

 (2) Dressing in clean clothing which is composed of a shirt with collar, ankle-length trousers, slacks/dress, skirts (if gender appropriate), socks or stockings, and shoes or clean sneakers. For example, shorts, bathing trunks or bathing suits, undershirts, muscle shirts or tank-tops are prohibited unless concealed as undergarments beneath the attire described in this paragraph.

 (3) Wearing open toed shoes, sandals or bare feet are prohibited while operating a taxicab.

 (4) Ceasing operation of a vehicle known by the driver to be in an unsafe condition.

 (5) Being courteous toward passengers, the public, law enforcement officials and representatives of the Authority. A driver may not use obscene, vulgar or offensive language while providing taxicab service.

 (6) Maintaining the volume of a radio at a low level and upon the request of a passenger, lowering the volume or switching off any music or electronic noise such as a radio, except that the communications radio required under § 1017.5(b)(3) must remain on and at a reasonable volume at all times.

 (7) Ceasing use of a mobile telephone and remove ear phones or Bluetooth devices from ears when a passenger is in the vehicle.

 (8) Making certain that the taxicab complies with the temperature requirements in § 1017.5(b)(14).

 (9) Assisting the elderly or persons with disabilities in entering and exiting the taxicab.

 (10) Maintaining cash capable of providing change for a $20 bill.

 (11) Immediately reporting any possessions of passengers left behind in a taxicab after service to the Manager of Enforcement and the taxicab's dispatcher and then deliver the possessions to TLD Headquarters.

 (c) Permitted fares. A taxicab driver may not charge fares other than those approved by the Authority as provided in section 5703 or 5720 of the act, or both (relating to rates; and wages).

 (d) Gratuities or payment method.

 (1) A taxicab driver may not request the payment of a gratuity by a passenger.

 (2) A taxicab driver may not insist upon or express a preference for fare payment method. For example, a taxicab driver may not demand payment in cash as opposed to credit card, nor may a taxicab driver suggest that the passenger be driven to a bank or automatic teller machine to secure cash to pay the fare as opposed to use of a credit card or other cashless payment option.

 (3) A taxicab driver may not ask a potential customer for fare payment method information in advance of providing taxicab service.

 (4) A taxicab driver shall accept payment by credit card, debit card and other cashless payment options identified by the Authority.

 (5) A taxicab driver shall provide each fare-paying customer with a receipt for the taxicab service required under § 1017.24(d) or § 1017.63(a) (related to meter activation and display; and receipts), or both, unless the approved meter system is capable of providing a digital receipt.

 (e) Lease or employment documents. A taxicab driver is responsible for maintaining a copy of the lease agreement, employment contract and employee identification card in the taxicab at all times.

 (f) Direct route. Unless directed otherwise by a fare-paying customer, a taxicab driver shall select and use the most direct route consistent with prevailing road and traffic conditions from the point of pick-up to the passenger's point of destination.

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

 (h) Meter operation. The meter must be in operation during the entire time the taxicab is engaged by a passenger, and the passenger shall be required to pay only the amount recorded by the meter, except that, when back-mileage or surcharge provisions of the tariff of the certificate holder apply, the back-mileage charge or surcharge shall be added to the amount recorded by the meter, or if there is a discounted rate under § 1030.2(b) (relating to taxicab rates and tariffs). Each meter charge shall be collected only once regardless of whether the taxicab is being used in exclusive service or in nonexclusive service.

 (i) Zero-tolerance policy. A taxicab driver may not be under the influence of drugs or alcohol while providing taxicab service. The Authority will and certificate holders shall enforce a zero-tolerance policy on the use of drugs or alcohol by a taxicab driver while providing taxicab service.

 (1) The driver's certificate of a taxicab driver who is the subject of a TLD investigation or a passenger complaint and whom the inspector or passenger reasonably suspects was under the influence of drugs or alcohol during the course of providing taxicab service shall be immediately placed of out of service under § 1003.32 (relating to out of service designation).

 (2) The Authority may conduct a drug and alcohol test upon written consent by the taxicab driver.

§ 1021.12. Additional requirements.

 (a) Each taxicab driver shall know the rights and limitations of any taxicab used to provide taxicab service, including the geographical limitation of partial-rights taxicabs, if applicable.

 (b) A taxicab driver may not provide taxicab service beyond the 14th consecutive hour after coming on duty. Time spent on any break from taxicab service does not extend the 14-hour period. A taxicab driver may operate for another 14-hour period only after 8 consecutive hours off duty.

 (c) A taxicab driver may not provide taxicab service with an expired taxicab driver's certificate.

 (d) A taxicab driver may not provide taxicab service without a valid driver's license.

 (e) Whenever a taxicab is occupied by a fare-paying passenger or by members of a party of fare-paying passengers who have engaged the taxicab on an exclusive basis, the taxicab driver may not permit another person to occupy or ride in the taxicab.

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

 (g) If a taxicab is equipped with a meter system that utilizes a distress button under § 1017.24(e) (relating to meter activation and display), a taxicab driver may not activate the distress button except when the driver is in need of emergency assistance by law enforcement or other emergency responders.

§ 1021.17. Partial-rights taxicab driver log.

 (a) A taxicab driver providing service in a partial-rights taxicab shall maintain a service log, whether maintained in paper or digital form, identifying all taxicab service provided during each shift.

 (b) The partial-rights taxicab service log must identify all of the following information:

 (1) The date of service.

 (2) The taxicab driver's name and driver's certificate number.

 (3) The taxicab number, the certificate holder and the dispatcher.

 (4) The times and places of origin and destination of each trip including the odometer or meter mileage at the origin and destination of each passenger trip. Origin and destination places must contain a street name and address or, if unavailable, an identifiable landmark.

 (5) A designation indicating whether a trip resulted from a hail or through the dispatcher.

 (6) The fare paid for the trip.

 (7) The amount of any gratuity paid to the taxicab driver.

 (8) The number of passengers on each trip, indicating separately each fare collected from each passenger or party of passengers sharing the ride.

 (9) Each trip on which packages were delivered and the charge for the trip.

 (10) The signature of the driver attesting to the accuracy of the data recorded.

 (c) A partial-rights taxicab driver shall completely enter the information required by the log immediately upon the conclusion of each taxicab service trip.

 (d) The taxicab log required under this section shall be maintained in the taxicab until the driver's shift has ended and be presented to an inspector at any time upon demand.

 (e) Upon the conclusion of a partial-rights taxicab driver's shift, the taxicab log shall be delivered to the certificate holder and maintained by the certificate holder as provided in § 1011.11 (relating to record retention).

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