RULES AND REGULATIONS
PHILADELPHIA PARKING AUTHORITY
[ 52 PA. CODE CHS. 1011, 1015, 1017, 1021,
1027, 1051, 1053, 1057 AND 1059 ]
Taxicab and Limousine Amendments
[44 Pa.B. 5867]
[Saturday, September 13, 2014]The Philadelphia Parking Authority (Authority), on May 28, 2014, adopted the final-form rulemaking order which eliminates references to a classification of carriers no longer subject to the Authority's regulation, to correct certain typographical errors or technical errors in 52 Pa. Code Part II, as well as to provide certain clarifications as to rights and requirements.
Final-Form Rulemaking Order; Philadelphia Taxicab and Limousine Regulations; Doc. No. 126-4
Final Rulemaking Order By the Authority:
The Authority is required to carry out the provisions of the act of July 16, 2004, (P. L. 758, No. 94), 53 Pa.C.S. §§ 5701 et seq., as amended, (the ''act'') relating to the regulation of taxicab and limousine service providers in the City of Philadelphia.1 Pursuant to this obligation, the Authority issued a proposed regulation at this docket number on January 28, 2013. The initial public comment period for this rulemaking proceeding concluded on April 29, 2013, the Independent Regulatory Review Commission (''IRRC'') submitted its comments on May 29, 2013. The Authority has completed its review of the comments and now issues the final-form regulation.
Purpose of the Final-Form Regulation and Statutory Authority
The purpose of the regulation is to provide clarifications for certain existing regulatory provisions and to amend the regulations to reflect changes made by the act of July 5, 2012, (P. L. 1022, No. 119) (''Act 119''), which amended several provisions of the Authority's taxicab and limousine enabling legislation. One change to the definition of the term ''limousine'' in 53 Pa.C.S. § 5701 negated the need for the Authority to regulate a class of limousines referred to as ''large vehicles.'' The final-form rulemaking will amend the regulations to remove references to those carriers.
Discussion
The Authority has reviewed the comments filed at each stage of this proceeding. Responses to those comments and additional explanations are set forth below.
§ 1011.11. Definitions.
This section amends the definition of ''partial-rights taxicab'' to reference the changes made to one statutory provision of the act amended by Act 119, specifically, section 5711(c)(2.1). Germantown Cab Company (''Germantown'')2 seems to aver that this section cannot apply to it its Philadelphia operations. We address the entire partial-rights taxicab jurisdiction issue below in response to comments to § 1015.2.
§ 1011.14. Voluntary suspension of certificate.
The final-form regulation amends subsection (a) to delete reference to a subsection ''(e).'' There is no subsection (e) in this section and adds a new subsection (d), which will require the surrender of the taxicab medallion or TLD inspection sticker as a condition of placing the vehicle or certificate voluntarily out of service.
§ 1015.2. Certificate required.
The final-form regulation adds two clarifying subsections to this partial-rights taxicab section.
The only public comments to this section were submitted by Germantown and its attorney, both averred that the Authority lacks jurisdiction over partial-rights taxicab companies. The Authority fully reviewed the history of ''partial-rights'' taxicabs3 in the final rulemaking order under docket 126-1. Most of the comments submitted by Germantown to this rulemaking were also submitted in regard to the Authority's rulemaking in 2011. See 41 Pa.B. 6499, 6523—6525 (December 11, 2011). We also reviewed this exact issue in regard to our final-form regulation at Docket No. 126-3, which was further reviewed at a hearing before IRRC on May 1, 2014, when that final-form regulation was approved. We incorporate our responses here.
In commenting on this section, IRRC correctly notes that the Authority has the power to regulate partial-rights taxicabs in Philadelphia. This issue has now been reviewed by the Authority, the Pennsylvania Public Utility Commission (''PUC''),4 the Pennsylvania Commonwealth Court,5 the Pennsylvania Supreme Court,6 the General Assembly7 and IRRC.8 Every time Germantown raises this issue, in every forum, it is rejected.
(c). Subsection (c) merely provides that a partial-rights taxicab company may not provide service within Philadelphia unless one of the points of the service (pick-up or drop-off) is in the partial-rights territory. If a partial-rights taxicab were permitted to provide service between any two points in Philadelphia, regardless of its limited intra-Philadelphia territorial rights, it would provide medallion cab service in violation of the act.9 IRRC requested that the Authority reference its statutory authority for these amendments.
Partial-rights taxicab service in Philadelphia has always been tethered to each company's designated partial-rights territory. This is nothing new, but has never been clearly provided for by regulation, only in the tariffs of the partial-rights taxicab companies. Those tariffs were originally approved by the PUC, but jurisdiction over those rights, including the power to revoke, suspend, cancel and otherwise regulate those authorizations was transferred to the Authority through the act.
Germantown avers that it has no authorizations from the Authority and that it is regulated only by the PUC. Germantown made this exact argument in the Germantown cases referenced in footnote Nos. 5 and 6 before the Commonwealth Court of Pennsylvania. The court rejected that argument, twice. Just like every other taxicab or limousine company with Philadelphia rights, Germantown's partial-rights taxicab authorization is now derived from the Authority. In 2005, the Authority accepted Germantown's Philadelphia rights and tariff and identified those rights as Authority Partial Rights Certificate of Public Convenience No. 1011748-02.
IRRC requested specific statutory reference to the power of the Authority to regulate partial-rights taxicab companies. The definition of ''taxicab'' in section 5701 of the act specifically includes partial-rights taxicab and provides as follows:
''Taxicab.'' A motor vehicle designed for carrying no more than eight passengers, exclusive of the driver, on a call or demand service basis and used for the transportation of persons for compensation either on:(1) a citywide basis as authorized by a certificate of public convenience and a corresponding medallion issued by the authority; or(2) a non-citywide basis as authorized by a certificate of public convenience issued by the authority and without a corresponding medallion.The term includes a wheelchair-accessible taxicab.(Emphasis added.)53 Pa.C.S. § 5701.
Partial-rights taxicabs are taxicabs that may operate between points in Philadelphia, but not on an unrestricted city-wide basis. See 52 Pa. Code § 1011.2. The act specifically empowers the Authority to certificate partial-rights taxicabs for service in Philadelphia under the exclusive jurisdiction of the Authority. See Section 5711(c)(2.1). Also, section 5714(d)(2) provides as follows:
Carriers authorized by the authority to provide taxicab service to designated areas within cities of the first class on a non-citywide basis pursuant to section 5711(c)(2.1) (relating to power of authority to issue certificates of public convenience) shall retain their authorization in those areas of a city of the first class subject to the exclusive jurisdiction of the authority and orders and regulations of the authority issued under this chapter. The authority shall not grant additional rights to new or existing carriers to serve designated areas within cities of the first class on a non-citywide basis. (Emphases added.)The term ''authority'' is defined in the act as follows: ''[a] parking authority in a city of the first class.'' Section 5701. Philadelphia is the only city of the first class in Pennsylvania. We believe that these statutes clearly grant the Authority the power to authorize and regulate partial-rights taxicabs. The Authority position is consistent with the legislative intent of the act. The Authority would be powerless to improve the operations of taxicabs in Philadelphia if hundreds of taxicabs could provide service in the city outside of our jurisdiction.
(d). Subsection (d) clarifies the inability of a partial-rights taxicab company to pick-up a street hail in an area of Philadelphia that is not in its designated territory. Again, this is not a new issue and has always applied to every partial-rights taxicab company in Philadelphia, including while under the PUC. This subsection merely places in regulation the standard that has always applied through statute and tariff. In fact, the Germantown case referenced in Footnote No. 5 addressed this exact ''operating outside of rights'' issue.
Either the beginning or ending point of a partial-rights taxicab trip, or both, must be within that company's designated Philadelphia service area. Therefore, these carriers have never been able to pick-up random street hails in areas of the city outside of their respective territories because the hailing citizen may request ser- vice to a point that is not in the partial-rights taxicab company's territory. The same would apply to a partial-rights taxicab waiting in a cab stand line at the airport or other area of the city outside the company's designated area. To permit this hail (demand) service would lead to illegal service trips by the partial-rights taxicab or confusion to the citizen who hails a taxicab only to be declined service due to the destination. However, partial-rights taxicabs have always been permitted to pick-up a passenger in any part of Philadelphia through an advanced call and dispatch provided the service complies with the terms enunciated in subsection (c).
§ 1017.14. Taxicab numbering.
This section clarifies the Authority certificate of public convenience number through which each partial-rights taxicab company operates in Philadelphia. This section also removes reference to the name of those companies because company names are prone to change. Germantown comments again that the Authority does not have the power to regulate partial-rights taxicab service; however, we did address this in response to comments to § 1015.2.
The PUC rights that every Philadelphia taxicab and limousine company held before the act was implemented in 2005 became Authority rights through the act by operation of law. The act did not require every limousine and taxicab company to re-apply for rights in order to continue in Philadelphia, and none of those companies did apply. The act did not give the Authority the discretion to accept, or not, carriers then authorized by the PUC to operate in Philadelphia. All of those carriers were able to continue the day after the transfer the same as they had the day before, except that the commonwealth agency that regulated their service changed.
Upon confirmation of each carrier's authorization to operate in Philadelphia, the Authority issued new Authority certificate of public convenience numbers to distinguish those rights from those subject to the continuing oversight of the PUC. The creation of a ''new'' certificate of public convenience was unnecessary. Germantown continues the argument it has raised in multiple forums, unsuccessfully, that the lack of an order of the Authority's Board granting a new certificate of public convenience to Germantown releases Germantown from any obligation to adhere to the Authority's regulations.
It is reasonable to conclude that if the Legislature intended to have every taxicab and limousine carrier's rights in Philadelphia automatically terminated in 2005 pending approval of an application for a new certificate of public convenience by the Authority, the act would have specified the requirement. Of course, the act imposed no such requirement. To do so would have been nonsensical, confusing and created chaos in Philadelphia. Interestingly, Germantown did not develop this legal theory until several years after the act was implemented and after Germantown had already adhered to the Authority's regulations, including the obligation to present former PUC Philadelphia authorizations to the Authority in exchange for a new Authority certificate of public convenience number. That number is identified in § 1017.14(c)(1).
§ 1021.4. Ineligible persons for taxicab driver certificate.
The final-form regulation amends this section by adding paragraphs (7) and (8). Paragraph (7) clarifies that driver applicants may experience a loss of their driver's license privileges in the one year period preceding the application or renewal date, yet remain eligible to be issued or renew the Authority driver's certificate. The need to have a driving history for the year before the application date as currently provided in paragraph (6) will continue; however, to the extent the applicant's driver's license has been valid for the six months preceding the application date, a suspension or other loss of driving privileges will not be an automatic bar to the application or renewal process.
Paragraph (8) provides that a conviction for driving under the influence of alcohol or controlled substance will prohibit an individual from receiving or renewing a driver's certificate. These convictions are not necessarily felonies and often do not appear on a driver history report, creating a potential loophole. As written in the proposed regulation one conviction for this violation could permanently exclude a person from eligibility, which was not the intention of the amendment. In the final-form regulation we have narrowed the window of applicability to cover convictions within the past 5 years and for 6 months after the date the individual completes the sentence or supervised release imposed.
§ 1021.11. Driver requirements.
The regulation will add a new paragraph (5) to subsection (d) requiring taxicab drivers to provide the receipt for taxicab service to each fare-paying customer. All taxicabs are required to have receipt issuing capabilities as provided by § 1017.24(d) or § 1017.63(a), or both (related to meter activation and display; and receipts).
§ 1021.14. General taxicab driver reports.
The regulation amends paragraph (2) of this subsection to require that a taxicab driver inform the TLD of a change to not only the driver's home address, but also the driver's telephone number.
§ 1021.16. Service issues regarding people with disabilities.
The regulation corrects a spelling error in the existing regulation. Specifically, the word ''hale'' is corrected to ''hail'' in subsection (b). Germantown commented that the example provided in this section, which is not substantively amended here, violates its rights because the Authority cannot regulate Germantown's Philadelphia taxicab operations. We addressed these points in response to comments to §§ 1015.2 and 1017.14.
§ 1027.5. Agreement of sale.
This section provides certain requirements related to the agreement of sale that must be used in conjunction with the sale of transferable rights. The proposed regulations amended subsection (b) to require the execution and filing of the agreement to occur simultaneously with the filing of the parties' application to transfer rights, the SA-1.
IRRC and several commentators noted the challenges that regulated parties and their representatives may have in adhering to this requirement, due to the need to file several documents and official records along with the SA-1. We understand the position of the commenting regulated parties, but disagree that the proposed regulation created a high burden, particularly in consideration of the public benefit derived from the rapid completion of the sale.
One commentator identified a process of selling medallions that is illegal. An agreement to sell a medallion is void by operation of law if not executed before the Authority. The act is very clear on this point, indeed it provides, in part, as follows:
All contracts for the sale of medallions which are not executed at authority offices and witnessed by an authority staff member are void by operation of law. All sales contracts shall conform to such rules and regulations as the authority may prescribe.53 Pa.C.S. § 5718(a).
Therefore, an agreement of sale executed in a broker's office is void. Such a document is not a binding, enforceable contract in any court; it is void. The Legislature created taxicab medallions and is certainly empowered to provide for the manner in which they are sold, or if they are capable of being sold at all. In addition, as provided in the above quotation, the Authority is authorized to promulgate regulations governing these agreements.
One comment submitted on behalf of the Pennsylvania Taxi Assoc., Inc. and Inna Friedman (collectively ''PTA'') recommends that the regulation be amended to permit the execution of the agreement of sale before the SA-1 is filed, but that a 15 business day timeframe be permitted during which the parties may complete and file the SA-1. IRRC also recommended that the final-form regulation include such a mandatory timeframe.
We understand the importance of compromise in the pursuit of consensus in the regulatory promulgation process and have modified this section and § 1059.4 to conform to the recommendations of IRRC and PTA. The proposed amendment to subsection (b) has been deleted and a new subsection (c) has been added. Subsection (c) will require that an agreement of sale duly executed before the SA-1 is filed must have a term not to exceed 15 business days from the date of execution. This limitation will not apply to agreements executed at the time the SA-1 is filed.
We believe that this accommodation will address the Authority's concern about having never ending agreements of sale on record without a corresponding SA-1 application, as well as the concerns of commentators and IRRC about the need for time to complete the SA-1 after execution of the agreement.
§ 1051.13. Voluntary suspension of certificate.
A new subsection (e) is added to require the surrender of a TLD inspection sticker authorizing a vehicle to provide limousine service as a condition of placing a vehicle or certificate voluntarily out of service.
Subchapter D. Large vehicles and remote carriers
We propose deleting the term ''large vehicle'' due to inapplicability.
§ 1053.41. Large vehicles.
The regulation will delete this section as inapplicable because Act 119 removed these large vehicles from the Authority's jurisdiction. See 53 Pa.C.S. § 5701 (relating to definitions).
§ 1053.42. Remote carriers.
We have deleted the phrase ''regardless of seating capacity'' from subsection (a) due to inapplicability. This language was originally included in this subsection to ensure that its terms applied to large vehicles, which are no longer subject to Authority regulation.
§ 1053.43. Certain limousine requirements.
We have deleted the reference to large vehicles in subsection (b) of this section due to inapplicability. We also deleted subsections (c) and (g) of this section in their entirety due to inapplicability.
§ 1057.4. Ineligible persons for limousine driver certificate.
We have amended this section related to limousine driver eligibility to mirror the changes to the taxicab driver section at § 1021.4, referenced above.
§ 1057.14. General limousine driver reports.
We have amended this section related to limousine driver reporting requirements to mirror the changes to the similar taxicab driver section at § 1021.14, referenced above.
§ 1059.4. Agreement of sale.
We have amended this section related to agreements of sale for limousine rights to mirror the substantially similar section related to the sale of taxicab transferable rights at § 1027.5, referenced above.
Commonwealth and Political Subdivisions
The Authority does not anticipate any increase in regulatory demands associated with this regulation.
Private Sector and General Public
This final-form rulemaking will not have a fiscal impact on certificate holders or other regulated parties or the general public.
Paperwork Requirements
This final-form rulemaking will not affect the paperwork generated or required by the Authority
Effective Date
The rulemaking will become effective upon publication in the Pennsylvania Bulletin.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on March 15, 2013, the Authority submitted a copy of the notice of proposed rulemaking, published at 43 Pa.B. 1725 (March 30, 2013), to IRRC and the Chairpersons of the House Urban Affairs Committee and the Senate Consumer Protection and Professional Licensure Committee for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the House and Senate Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on July 23, 2014, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on July 24, 2014, and approved the final-form rulemaking.
Conclusion
Accordingly, under sections 13 and 17 of the Act (53 Pa.C.S. §§ 5722 and 5742); section 5505(d)(17), (23) and (24) of the Parking Authorities Act, act of June 19, 2001 (P. L. 287, No. 22) (53 Pa.C.S. § 5505(d)(17), (23) and (24)); sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202), and the regulations promulgated thereunder at 1 Pa. Code §§ 7.1, 7.2 and 7.5; section 204(b) of the Commonwealth Attorneys Act (71 P. S. § 732.204(b)); section 745.5 of the Regulatory Review Act (71 P. S. § 745.5), section 612 of The Administrative Code of 1929 (71 P. S. § 232), and the regulations promulgated at 4 Pa. Code §§ 7.231—7.234, the Authority proposes adoption of the final regulations set forth in Annex A; Therefore,
It Is Ordered That:
1. The regulations of the Authority, 52 Pa. Code Chapters 1011, 1015, 1017, 1021, 1027, 1051, 1053, 1057 and 1059, are amended by deleting § 1053.41 and by amending §§ 1011.2, 1011.14, 1015.2, 1017.14, 1021.4, 1021.11, 1021.14, 1021.16, 1027.5, 1051.13, 1053.42, 1053.43, 1057.4, 1057.14 and 1059.4 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
2. The Executive Director shall cause this order and Annex A to be submitted to the Office of Attorney General for approval as to legality.
3. The Executive Director shall cause this order and Annex A to be submitted for review by the designated standing committees of both houses of the General Assembly, and for formal review by the Independent Regulatory Review Commission.
4. The Executive Director shall cause this order and Annex A to be submitted for review by the Governor's Budget Office for review of fiscal impact.
5. The Executive Director shall cause this order and Annex A to be deposited with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
6. The Executive Director shall serve copies of this order and Annex ''A'' upon each of the commentators and take all other actions necessary to successfully complete the promulgation of this regulation.
7. The regulations embodied in Annex A shall become effective upon publication in the Pennsylvania Bulletin.
8. The contact person for this rulemaking is James R. Ney, Director, Taxicab and Limousine Division, (215) 683-9417.
VINCENT J. FENERTY, Jr.,
Executive Director(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 44 Pa.B. 5420 (August 9, 2014).)
Fiscal Note: 126-4. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 52. PUBLIC UTILITIES
PART II. PHILADELPHIA PARKING AUTHORITY
Subpart B. TAXICABS
CHAPTER 1011. GENERAL PROVISIONS § 1011.2. Definitions.
The following words and terms, when used in this subpart, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Partial-rights taxicab—A taxicab authorized by the Authority to provide common carrier call or demand transportation of persons for compensation on a non-citywide basis, under Chapter 1015 (relating to partial- rights taxicabs) and section 5711(c)(2.1) of the act (relating to power of authority to issue certificates of public convenience) and 5714(d)(2) of the act.
* * * * * § 1011.14. Voluntary suspension of certificate.
(a) A certificate holder may apply to place a certificate in a voluntary state of suspension to avoid penalties for violation of § 1011.13 (relating to interruptions of service).
(b) A partial-rights taxicab certificate or dispatcher certificate may not be placed in voluntary suspended status for more than 1 year.
(c) A medallion taxicab certificate or individual medallion may not be placed in a voluntarily suspended status for more than 6 months.
(d) The Authority will not grant an application for voluntary suspension if the approval will result in a reduction of 5% or more of the aggregate number of authorized medallion taxicabs in Philadelphia.
(e) To request approval from the Authority for the voluntary suspension of a certificate, the certificate holder shall file a completed CPC-1 ''Voluntary Suspension Application'' with the Director and pay the application fee as provided in §§ 1001.42 and 1001.43 (relating to mode of payment to the Authority; and Authority fee schedule). The CPC-1 may be obtained at www.philapark.org/tld.
(f) Before a CPC-1 is granted, a certificate holder shall be in compliance with § 1011.7 (relating to payment of outstanding fines, fees and penalties) and pay the entire Authority assessment that will come due during the proposed period of voluntary suspension.
(g) A period of voluntary suspension may begin only upon surrender to the Authority of each medallion or TLD inspection sticker, or both, for each vehicle subject to the voluntary suspension.
CHAPTER 1015. PARTIAL-RIGHTS TAXICABS § 1015.2. Certificate required.
(a) A partial-rights taxicab may not provide taxicab service in Philadelphia unless certificated by the Authority.
(b) Each vehicle operated as a partial-rights taxicab shall be registered with the Department of Transportation in the name of the owner of the partial-rights certificate.
(c) A partial-rights taxicab may not provide taxicab service to two points in Philadelphia unless one or both of the points is within the geographical boundaries identified in the partial-rights taxicab certificate holder's Authority-approved tariff.
(d) A partial-rights taxicab may only accept a street hail for taxicab service at a location within the geographical boundaries identified in the partial-rights taxicab certificate holder's Authority-approved tariff.
CHAPTER 1017. VEHICLE AND EQUIPMENT REQUIREMENTS
Subchapter B. COLORS AND MARKINGS § 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. 1016120-05 shall be numbered ''CL-1'' for the first vehicle, ''CL-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. 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.
(5) 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.
(6) Taxicabs with rights through Certificate No. 1015570-05 shall be numbered ''MCT-1'' for the first vehicle, ''MCT-2'' for the second vehicle, and continue according to that sequence until each taxicab is issued a unique number.
CHAPTER 1021. TAXICAB DRIVERS § 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 shall be automatically ineligible under 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 license was suspended, revoked or otherwise invalidated at any time during the 6 months immediately preceding the date of application.
(8) The applicant has been convicted of driving under the influence of alcohol or controlled substance as provided in 75 Pa.C.S. § 3802 (relating to driving under influence of alcohol or controlled substance) in the past 5 years. This prohibition will continue for 6 months from the date the convicted person completes the sentence imposed, including incarceration, probation, parole and other forms of supervised release.
§ 1021.11. Driver requirements.
* * * * * (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 and 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.
(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) Driver history report. A driver history report that evidences a violation or series of violations which relate to dangerous driving activities may form the basis for a denial of a taxicab driver's certificate application, a denial of the annual renewal as provided by § 1011.3 (relating to annual rights renewal process) or a formal complaint to suspend or cancel the taxicab driver's certificate.
(i) 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. Each meter charge shall be collected only once regardless of whether the taxicab is being used in exclusive service or in nonexclusive service.
§ 1021.14. General taxicab driver reports.
A taxicab driver shall make timely written reports to the Authority as required by the act, this part or an order of the Authority, including the following reports which shall be made to the Manager of Administration:
(1) Invalidation of a driver's license for any reason must be reported with 48 hours.
(2) A change of address or telephone number, or both, shall be reported within 15 days.
(3) A change of name shall be reported to the Authority within 15 days of occurrence or if a court proceeding is required, within 15 days of the court filing.
§ 1021.16. Service issues regarding people with disabilities.
(a) If on-duty and not already transporting a passenger, a taxicab driver shall stop the taxicab when hailed by a person with a disability. The driver shall determine if the services requested by the person can be reasonably accommodated by the vehicle and adhere to the following procedure:
(1) If the service request can be reasonably accommodated, the driver shall provide the service.
(2) If the service request cannot be reasonably accommodated, the driver shall call a dispatcher immediately to arrange for service by the closest taxicab available that can accommodate the person's request.
(b) This section may not be interpreted to require or permit a taxicab to provide service in an area outside the rights identified in the taxicab certificate holder's rights. For example, this section does not permit a partial-rights taxicab to stop for a hail outside of its defined geographical area.
CHAPTER 1027. SALE OF RIGHTS § 1027.5. Agreement of sale.
(a) The parties to a proposed sale of transferable rights shall complete an agreement of sale detailing the terms of the transaction, including provisions required by this chapter, and file the agreement with the Director.
(b) An agreement of sale for transferable rights is void by operation of law if not executed by all parties in the presence of the Director or a designee.
(c) The term of an agreement of sale for transferable rights may not exceed 15 business days from the date of execution, except when executed on the date the application for sale of transferable rights is filed as provided in § 1027.6 (relating to application for sale of transferable rights).
Subpart C. LIMOUSINES
CHAPTER 1051. GENERAL PROVISIONS § 1051.13. Voluntary suspension of certificate.
(a) A certificate holder may apply to place a certificate in a voluntary state of suspension to avoid penalties for violation of § 1051.12 (relating to interruptions of service) as provided in subsection (c).
(b) A certificate may not be placed in voluntary suspended status for more than 1 year.
(c) To request approval from the Authority for the voluntary suspension of a certificate, the certificate holder shall file a completed a CPC-1 ''Voluntary Suspension Application'' with the Director and pay the application fee as provided in §§ 1001.42 and 1001.43 (relating to mode of payment to the Authority; and Authority fee schedule). The CPC-1 may be obtained at www.philapark.org/tld.
(d) Before a CPC-1 is granted, a certificate holder shall be in compliance with § 1051.6 (relating to payment of outstanding fines, fees and penalties) and pay the entire Authority assessment that will come due during the proposed period of voluntary suspension.
(e) A period of voluntary suspension may begin only upon surrender to the Authority of the TLD inspection sticker for each vehicle subject to the voluntary suspension.
CHAPTER 1053. STANDARD CLASSIFICATIONS OF LIMOUSINE SERVICE
Subchapter D. REMOTE CARRIERS § 1053.41. (Reserved).
§ 1053.42. Remote carriers.
(a) A remote carrier shall adhere to the requirements in § 1053.43 (relating to certain limousine requirements).
(b) A remote carrier may not provide service from any airport, railroad station and hotel located in whole or in part in Philadelphia without first registering with the Authority and otherwise complying with this chapter.
(c) A remote carrier may not provide service to points within Philadelphia or otherwise beyond the scope of its PUC certificate without first obtaining an Authority certificate of public convenience as provided in Chapter 1059 (relating to applications and sale of rights).
§ 1053.43. Certain limousine requirements.
(a) Purpose. This section is intended to address limousine service in Philadelphia that is within the jurisdiction of the Authority as provided by the act, but is not commonly considered either Philadelphia service or limousine service by the public or other regulating agencies as identified in subsection (b).
(b) Certain limousines covered. This section applies to remote carriers as provided in § 1053.42 (relating to remote carriers).
(c) Registration.
(1) The person shall register each limousine subject to subsection (b) with the Authority by completing and filing with the Director a Form AR-1 ''Alternative Registration'' along with the registration fee as provided in § 1001.42 (relating to mode of payment to the Authority). The AR-1 may be obtained on the Authority's web site at www.philapark.org/tld.
(2) The Authority registration process will require submission of copies of all relevant PUC certificates or registration documents.
(3) The registration of each remote carrier expires on June 30 of each year and may be renewed as provided in paragraph (1) on or before April 1 of each year.
(d) Regulation.
(1) Limousines subject to this section will be subject to regulation and enforcement by the Authority for violations of Department of Transportation equipment inspection standards in 67 Pa. Code Chapter 175 (relating to vehicle equipment and inspection). For example, a limousine registered as provided in this section that is determined by the Authority to be in the course of providing service with a broken windshield will be subject to the standard enforcement procedures of this part.
(2) Limousines registered as provided in this section must comply with the instructions of an inspector and submit to field inspections as provided in § 1055.14 (relating to field inspections). Authority field inspections of limousines may include an investigation of compliance with PUC regulations and orders.
(3) Except as provided in this chapter, limousines subject to this section must adhere to the regulations and orders of the PUC and are not required to adhere to regulations of the Authority while providing limousine service in Philadelphia. The Authority may pursue enforcement of PUC regulations before the PUC, as appropriate.
(e) Insurance. A person that seeks registration of a limousine as provided in this section shall comply with § 1065.1 (relating to limousine insurance), except that the limits of insurance coverage need not exceed those required by the PUC.
(f) Remote carrier sticker and certificate.
(1) Upon compliance with this section, the Authority will issue the remote carrier registrant the following:
(i) A certificate of public convenience to provide remote carrier service as provided in this chapter. The remote carrier certificate of public convenience will be subject to revocation, under section 5741.1(c)(1) of the act (relating to power of authority), if the remote carrier fails to complete the annual registration renewal requirements in subsection (c)(4).
(ii) A remote carrier sticker for each vehicle registered with the Authority under subsection (c).
(2) Each remote carrier sticker will display the year in which it is valid.
CHAPTER 1057. LIMOUSINE DRIVERS § 1057.4. Ineligible persons for limousine driver certificate.
In addition to other prohibitions provided in this part, an applicant for a limousine driver's certificate shall be automatically ineligible under 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 complete limousine driver testing as prescribed by this chapter.
(4) The applicant is unable to provide information required under this subpart.
(5) The applicant is 20 years of age or younger.
(6) 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 license was suspended, revoked or otherwise invalidated at any time during the 6 months immediately preceding the date of application.
(8) The applicant has been convicted of driving under the influence of alcohol or controlled substance as provided in 75 Pa.C.S. § 3802 (relating to driving under influence of alcohol or controlled substance) in the past 5 years. This prohibition will continue for 6 months from the date the convicted person completes the sentence imposed, including incarceration, probation, parole and other forms of supervised release.
§ 1057.14. General limousine driver reports.
A limousine driver shall make timely written reports to the Manager of Administration as required under the act, this part or an order of the Authority, including the following:
(1) Invalidation of a driver's license for any reason shall be reported with 48 hours.
(2) A change of address or telephone number, or both, shall be reported within 15 days.
(3) A change of name shall be reported to the Authority within 15 days of occurrence or if a court proceeding is required, within 15 days of the court filing.
CHAPTER 1059. APPLICATIONS AND SALE OF RIGHTS § 1059.4. Agreement of sale.
(a) The parties to a proposed sale of transferable rights shall complete an agreement of sale detailing the terms of the transaction, including provisions required by this chapter, and file the agreement with the Director.
(b) An agreement of sale for transferable rights is void by operation of law if not executed by all parties in the presence of the Director or a designee.
(c) The term of an agreement of sale for transferable rights may not exceed 15 business days from the date of execution, except when executed on the date the application for sale of transferable rights is filed as provided in § 1059.5 (relating to application for sale of transferable rights).
[Pa.B. Doc. No. 14-1903. Filed for public inspection September 12, 2014, 9:00 a.m.]
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