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PA Bulletin, Doc. No. 11-1451

NOTICES

PHILADELPHIA PARKING AUTHORITY

Proposed Penalty Schedule

[41 Pa.B. 4604]
[Saturday, August 20, 2011]

 Comments are being solicited for review and implementation of a proposed Penalty Schedule for use in conjunction with the Philadelphia Parking Authority's (PPA) forthcoming taxicab and limousine final-form regulations (126-1). The proposed rulemaking was published at 41 Pa.B. 485 (January 15, 2011).

 Industry members and members of the general public wishing to submit comments regarding the proposed PPA Taxicab and Limousine Division (TLD) Penalty Schedule must adhere to the following schedule and protocol: the open comment period ends on August 31, 2011. Formal comments must be submitted in paper and electronic form (CD or e-mail) to cmilstein@philapark.org by close of business on August 31, 2011. Handwritten copies will not be accepted. A signed original must be submitted along with a CD unless e-mail is used for the electronic version. Send comments to PPA TLD, Attention: Charles Milstein, Esq., Assistant to the Director, 2415 South Swanson Street, Philadelphia, PA 19148.

Owner Violations

Regulation
Section 		Violation Penalty 1
Penalty 2
Penalty
3 and up
§ 1011.3
§ 1051.3 		Using Driver w/expired PPA Driver's Cert. $500 $1,000 $1,000
§ 1011.3
§ 1051.3 		Using Driver w/o PPA Driver Cert. $1,000 $1,000 $1,000
§ 1011.3
§ 1051.3 		Using Driver w/Susp. or Rev. PPA Driver Cert. (Notice to Owner) $1,000 $1,000 $1,000
§ 1011.3
§ 1051.3 		Operating with expired rights $500 $1,000 $1,000
§ 1011.3
§ 1051.3 		Operating with suspended or revoked rights $1,000 $1,000 $1,000
§ 1011.4
§ 1051.4 		Failure to pay assessments $100 $350 $500
§ 1011.5
§ 1051.5 		Failure to remove owner/officer after felony conviction $1,000 $1,000 $1,000
§ 1011.8
§ 1051.7 		Failure to allow facility inspection $1,000 $1,000 $1,000
§ 1011.9
§ 1051.8 		Unauthorized service provider (Hack) $1,000 $1,000 $1,000
§ 1011.9
§ 1051.8 		Using Driver w/expired driver's license (BMV) $350 $500 $1,000
§ 1011.9
§ 1051.8 		Using Driver w/susp. or rev. drivers' license (BMV) $1,000 $1,000 $1,000
§ 1011.11
§ 1051.10 		Failure to retain required records $500 $1,000 $1,000
§ 1011.11
§ 1051.5 		Failure to provide trip log $350 $500 $750
§ 1011.12
§ 1051.11 		Aiding or Abetting Assumes grade of primary offense
§ 1011.13
§ 1051.12 		Failure to report interruption of service $100 $225 $350
§ 1011.15
§ 1051.14 		Failure to report death or incapacitation $350 $500 $750
§ 1011.20
§ 1053.22 		Operating outside of rights $500 $1,000 $1,000
§ 1013.1 Medallion counterfeit $1,000 $1,000 $1,000
§ 1013.1 Medallion not on vehicle $350 $500 $750
§ 1013.3 Removing Medallion without PPA approval $1,000 $1,000 $1,000
§ 1017.5
§ 1055.4 		Operating Unsafe Vehicle $350 $500 $750
§ 1017.5
§ 1055.4 		Any violation of the Department of Transportation (DOT) inspection code $350 $500 $750
§ 1017.5 Failure to use Certified Dispatcher $350 $500 $750
§ 1017.5 No protective shield or fails to meet requirements $350 $500 $750
§ 1017.5 Incomplete communication system $350 $500 $750
§ 1017.11 Failure to report change in Dispatcher $350 $500 $750
§ 1017.11 Unauthorized markings or colors $1,000 $1,000 $1,000
§ 1017.12 Incorrect markings or colors $1,000 $1,000 $1,000
§ 1017.12
§ 1055.5 		Vehicle operating w/expired or suspended registration $500 $1,000 $1,000
§ 1017.13 Failure to remove identifiable markings when removed from service $1,000 $1,000 $1,000
§ 1017.21 Using meter not approved by PPA $500 $1,000 $1,000
§ 1017.21 Meter not sealed $100 $225 $350
§ 1017.21 Meter inoperative $350 $500 $750
§ 1017.21 Use of unauthorized Credit Card processing system $1,000 $1,000 $1,000
§ 1017.22 Fast meter $350 $500 $750
§ 1017.24 Meter cannot be remotely deactivated by PPA $350 $500 $750
§ 1017.24 Panic button-failure to have device or tampered with $350 $500 $750
§ 1017.24 Prevent/refuse customer the use of credit card $350 $500 $750
§ 1017.32
§ 1055.4 		Inspection/emission stickers (DOT) missing or expired $350 $500 $750
§ 1017.32
§ 1055.16 		Operating w/out current PPA inspection $1,000 $1,000 $1,000
§ 1017.32
§ 1055.4 		Counterfeited inspection sticker (DOT) $1,000 $1,000 $1,000
§ 1017.33
§ 1055.13 		Failure to appear for Scheduled Inspection $100 $225 $750
§ 1017.35
§ 1055.15 		Failure to submit to field inspection $350 $500 $750
§ 1017.36
§ 1055.16 		Operating vehicle while out of service (w/notice for owner) $1,000 $1,000 $1,000
§ 1017.37
§ 1055.16 		Failure to report accident and/or have vehicle reinspected $350 $500 $750
§ 1017.38
§ 1055.2 		Operating additional vehicles without reporting or temp. rights $1,000 $1,000 $1,000
§ 1017.38 Medallion trans. to another vehicle w/o PPA approval $1,000 $1,000 $1,000
§ 1017.39
§ 1055.17 		Change of tag w/out PPA inspection $350 $500 $750
§ 1017.62 Transfer penalty obligations to third party including driver $1,000 $1,000 $1,000
§ 1017.64 Failure to provide lease receipts to driver $100 $225 $350
§ 1025.3 Vehicle operating w/o insurance $1,000 $1,000 $1,000
§ 1027.15 Failure to provide service w/in 30 days of certification $350 $500 $750
§ 1053.23 Limousine providing service w/out advanced reservation. $350 $500 $750
§ 1053.42 Failure to register Remote Carrier $100 $225 $350

Driver Violations

Code
Violation Penalty 1 Penalty 2 Penalty
3 and up
§ 1011.5
§ 1051.5 		Felony conviction while holding drivers certificate $1,000 $1,000 $1,000
§ 1011.5
§ 1051.5 		DUI while in service $1,000 $1,000 $1,000
§ 1011.10
§ 1051.9 		Refusal of service without good cause $100 $225 $350
§ 1011.10 Failure to respond to a hail while in service and available $100 $225 $350
§ 1011.12
§ 1051.11 		Aiding or Abetting Assumes grade of primary offense
§ 1017.24 Failure to properly activate and display meter $100 $225 $350
§ 1017.24 Failure to provide printed receipt from the meter $100 $225 $350
§ 1053.23 Limousine providing service w/o advanced reservations $350 $500 $1,000
§ 1021.2 Using another's driver's certificate to log in to meter system $500 $750 $750
§ 1021.2
§ 1057.2 		PPA Drivers Certificate Suspended or Revoked $500 $750 $1,000
§ 1021.2
§ 1057.2 		PPA Driver's Certificate forged or false $500 $1,000 $1,000
§ 1021.2
§ 1057.2 		Seek/possess multiple Drivers Certificates for a class of service $100 $225 $350
§ 1021.2
§ 1057.2 		Unauthorized Service Provider (Hack) $500 $750 $1,000
§ 1021.11 Gratuity insisted upon $100 $225 $350
§ 1021.11 Discourage, prevent, refuse use of Credit Card $350 $500 $750
§ 1021.11 Use of unauthorized Credit Card processing system $350 $500 $750
§ 1021.11 Refuse service based on intended Credit Card use $350 $500 $750
§ 1021.11
§ 1057.11 		Operating while Out of Service by TLD Inspector $500 $1,000 $1,000
§ 1021.11 Operating with out a medallion attached $350 $500 $750
§ 1021.11 Multiple meters in the drivers compartment $100 $225 $350
§ 1021.11
§ 1057.11 		Any violation of the PA MVC (Title75) (Safe Operation) $100 $225 $350
§ 1021.11 Vulgar/obscene language or gestures in public or abusive to TLD staff $100 $225 $350
§ 1021.11 Driver using cell phone or bluetooth device with passenger in vehicle $100 $225 $350
§ 1021.11 Failure to report or repair damaged or malfunctioning meter $100 $225 $350
§ 1021.11
§ 1055.15 		Failure to Allow Inspection $500 $750 $750
§ 1021.11
§ 1057.11 		Operating unsafe vehicle $100 $225 $350
§ 1021.11 Failure to keep radio in operating setting $100 $225 $350
§ 1021.11
§ 1057.11 		PPA Inspection Stickers missing or expired $100 $225 $350
§ 1021.11
§ 1057.11 		DOT Inspection Stickers missing or expired $100 $225 $350
§ 1021.11 Appropriate route not used $100 $225 $350
§ 1021.11
§ 1057.11 		Failure to comply with any of the passenger rights $100 $225 $350
§ 1021.12
§ 1057.12 		PPA Drivers Certificate Expired $350 $500 $1,000
§ 1021.12
§ 1057.12 		Operating / Soliciting while outside of Rights $350 $500 $750
§ 1021.14
§ 1057.14 		Failure to report invalidation of drivers license $100 $225 $350
§ 1021.16
§ 1057.16 		Fail to stop or report accident $500 $750 $1,000
§ 1021.16 Failure to assist elderly / disabled $100 $225 $350
§ 1023.1
§ 1057.11 		Rates charged other than tariff $100 $225 $350
§ 1023.2
§ 1057.11 		Overcharge fare $100 $225 $350
§ 1023.2 Refuse to refund excess paid by customer $100 $225 $350
§ 1023.3 Refuse to transport parcel without good cause $100 $225 $350
Correctable Owner Violations*
§ 1001.51 Failure to provide/update e-mail address $100 to $50 $225 to $100 $350
§ 1017.5 Advertising not in secure or authorized place $100 to $50 $225 to $100 $350
§ 1017.5 Dome light-none, not working, or not working in conj. w/ meter $100 to $50 $225 to $100 $350
§ 1017.5
§ 1055.4 		Vehicle condition and equipment substandard $100 to $50 $225 to $100 $350
§ 1017.5
§ 1055.4 		Failure to use snow or all-weather tires between Oct. 1 and April 1 $100 to $50 $225 to $100 $350
§ 1017.5
§ 1055.4 		Handgrips missing from passenger compartment $100 to $50 $225 to $100 $350
§ 1017.5
§ 1055.4 		Required postings not displayed in vehicle $100 to $50 $225 to $100 $350
§ 1017.6
§ 1055.5 		Proof of Insurance not in vehicle $100 to $50 $225 to $100 $350
§ 1017.11 Markings missing or incorrect $100 to $50 $225 to $100 $350
§ 1017.24 Meter does not print $100 to $50 $225 to $100 $350
§ 1017.24 Electronic card readers missing or not working $100 to $50 $225 to $100 $350
§ 1017.26 Failure to report or repair damaged or malfunctioning meter $100 to $50 $225 to $100 $350
§ 1017.39
§ 1055.17 		Failure to notify PPA of tag change $100 to $50 $225 to $100 $350
§ 1017.62 Lease not provided to driver $100 to $50 $225 to $100 $350
Correctable Driver Violations*
§ 1017.6
§ 1055.5 		Failure to carry vehicle registration or insurance card $100 to $25 $225 to $100 $350
§ 1021.2
§ 1057.2 		Failure to display Drivers Certificate in proper manner $100 to $25 $225 to $100 $350
§ 1021.11
§ 1057.11 		Any violation of the PA Safety Inspection Code $100 to $25 $225 to $100 $350
§ 1021.11
§ 1057.11 		Dirty Vehicle (interior, exterior or trunk) $100 to $25 $225 to $100 $350
§ 1021.11
§ 1057.11 		Dress Code / Appearance $100 to $25 $225 to $100 $350
§ 1021.11
§ 1057.11 		Failure to display required postings $100 to $25 $225 to $100 $350
§ 1021.11
§ 1057.11 		Display unauthorized advertising, postings $100 to $25 $225 to $100 $350
§ 1021.11 Failure to have paper / ink in meter $100 to $25 $225 to $100 $350
§ 1021.11
§ 1057.11 		Wheel covers / hubcaps missing or do not match $100 to $25 $225 to $100 $350
§ 1021.11
§ 1057.11 		Vehicle Condition and Equipment substandard $100 to $25 $225 to $100 $350
§ 1021.11 Failure to have signed lease in the vehicle $100 to $25 $225 to $100 $350
§ 1021.14 Failure to report / update personal information $100 to $25 $225 to $100 $350
§ 1021.17 § 1057.17 Failure to evidence TLD compliant trip log $100 to $25 $225 to $100 $350
* Correctable violations may be reduced upon inspection by the TLD and payment of   penalty within 48 hours of violation

Dispatch Violations

Regulation Section Violation Penalty 1 Penalty 2 Penalty
3 and up
§ 1011.3 Reporting, annual requirements not met $250 $375 $500
§ 1011.4 Failure to pay assessments $250 $375 $500
§ 1017.24 Credit card service charging over 5% $250 $375 $500
§ 1019.1 Operating dispatch without rights $1,000 $1,000 $1,000
§ 1019.2 Intentionally falsifying Authority filings $1,000 $1,000 $1,000
§ 1019.2 Failure to remove owner/officer after felony conviction $1,000 $1,000 $1,000
§ 1019.5 Failure to Allow Inspection or inspector access $750 $1,000 $1,000
§ 1019.8 Geographical Redlining $1,000 $1,000 $1,000
§ 1019.8 Minimum Requirements of Dispatch not maintained $500 $750 $1,000
§ 1019.8 Operation: Not responding 24 hours per day $500 $750 $1,000
§ 1019.8 Operation: Taxis not available 24 hours per day $500 $750 $1,000
§ 1019.8 Failure to respond to panic alert 24 hours per day $1,000 $1,000 $1,000
§ 1019.8 Dispatching to unauthorized service provider $750 $1,000 $1,000
§ 1019.8 Failure to notify Authority of driver not responding or refusing call $250 $375 $500
§ 1019.8 Failure to respond to consumer complaint $250 $375 $500
§ 1019.8 Poor service to the public or drivers $250 $375 $500
§ 1019.8 Failure to update contact info., including e-mail address $250 $375 $500
§ 1019.8 Failure to respond timely to consumer complaint $250 $375 $500
§ 1019.8 Failure to display advertisement in citywide phone book $250 $375 $500
§ 1019.9 Failure to notify Authority of enrollment change $250 $375 $500
§ 1019.11 Failure to disclose conflict $250 $375 $500
§ 1019.13 Failure to report interruption in service $750 $1,000 $1,000

VINCENT J. FENERTY, Jr., 
Executive Director

[Pa.B. Doc. No. 11-1451. Filed for public inspection August 19, 2011, 9:00 a.m.]


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