Subchapter A. GENERAL PROVISIONS
Sec.
1001.1. Purpose.
1001.2. Scope of subpart and severability.
1001.3. Liberal construction.
1001.4. Information and special instructions.
1001.5. Office of the Clerk.
1001.6. Filing generally.
1001.7. Amendment to rules.
1001.8. Authority office hours and address.
1001.9. Sessions of the Authority.
1001.10. Definitions.§ 1001.1. Purpose.
(a) The purpose of this part is to facilitate the implementation of the act.
(b) Certificate holders, brokers, taxicab drivers, limousine drivers, and other persons with current and valid rights issued by the Authority on December 3, 2011, shall maintain those rights through the Authority consistent with this part and the act.
§ 1001.2. Scope of subpart and severability.
(a) This subpart governs practice and procedure before the Authority, and is intended to supplement 2 Pa.C.S. (relating to administrative law and procedure) and 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure).
(b) The provisions of every section, subsection or other division of this part are severable. If any provision of any section, subsection or other division of this part or the application thereof to any person or circumstance is held invalid, the remainder of the section, subsection or other division, and the application of that provision to other persons or circumstances, will not be affected thereby, unless a court finds that the valid provisions of the section, subsection or other division are so essentially and inseparably connected with, and so depend upon, the void provision or application, that it cannot be presumed the Authority would have promulgated the remaining valid provisions without the void one; or unless the court finds that the remaining valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent.
(c) Subsection (a) supersedes 1 Pa. Code § 31.1 (relating to scope of part).
§ 1001.3. Liberal construction.
(a) This subpart shall be liberally construed to secure the just, speedy and inexpensive determination of every action, proceeding or issue presented to which it is applicable. The Authority or presiding officer at any stage of an action or proceeding may disregard an error or defect of procedure which does not affect the substantive rights of the parties.
(b) The singular includes the plural, and the plural, the singular. Words used in the masculine gender include the feminine and neuter. Words used in the past or present tense include the future.
(c) The Authority or presiding officer at any stage of an action or proceeding may waive a requirement of this subpart when necessary or appropriate, if the waiver does not adversely affect a substantive right of a party.
(d) These liberal construction provisions apply with particularity in proceedings involving pro se litigants.
(e) Subsection (a) supersedes 1 Pa. Code § 31.2 (relating to liberal construction).
§ 1001.4. Information and special instructions.
(a) Information as to procedures under this subpart, and instructions supplementing this subpart in special instances can be obtained, upon application to:
Clerk Office of the Clerk Philadelphia Parking Authority Taxicab and Limousine Division 2415 South Swanson Street Philadelphia, Pennsylvania 19148
(b) Subsection (a) supersedes 1 Pa. Code § 31.4 (relating to information and special instructions).
§ 1001.5. Office of the Clerk.
(a) The Clerk will have the following duties:
(1) Receive and docket pleadings and other documents required by this part to be filed with the Clerk.
(2) Receive and process any document to be filed with the Authority when a specific Authority office to receive the document has not otherwise been designated by the act, this part or an order of the Authority.
(b) Filings and requests for practice and procedure information should be directed to:
Clerk Office of the Clerk Philadelphia Parking Authority Taxicab and Limousine Division 2415 South Swanson Street Philadelphia, Pennsylvania 19148
(c) The Clerk will maintain a docket of proceedings. Each proceeding as initiated will be assigned a docket number. The docket will be available for inspection and copying by the public during the Authority’s office hours.
Cross References This section cited in 52 Pa. Code § 1001.10 (relating to definitions).
§ 1001.6. Filing generally.
(a) Pleadings and other documents required to be filed with the Authority must clearly designate the docket number or similar identifying symbols, if any, employed by the Authority, and set forth a short title. The identity of the individual making the submission, including name, mailing address and status (for example, party or attorney for a party) must appear on the document.
(b) Pleadings, including documents filed under this subpart, must also comply with Subchapter D (relating to documentary filings).
(c) If a pleading tendered for filing does not comply with this subpart, does not sufficiently set forth required material or is otherwise insufficient, the Authority may decline to accept it for filing and may return it without filing, or the Authority may accept it for filing and advise the person tendering it of the deficiency and require that the deficiency be corrected.
(d) The Authority may order redundant, immaterial, impertinent or scandalous matter stricken from documents filed with it.
(e) Subsections (a)—(d) supersede 1 Pa. Code § 31.5 (relating to communications and filings generally).
Cross References This section cited in 52 Pa. Code § 1005.21 (relating to petitions generally).
§ 1001.7. Amendment to rules.
(a) Persons may file a petition as provided in § 1005.23 (relating to petitions for issuance, amendment, repeal or waiver of Authority regulations) requesting a general and permanent change in this subpart.
(b) Subsection (a) supersedes 1 Pa. Code § 31.6 (relating to amendments to rules).
§ 1001.8. Authority office hours and address.
Unless otherwise directed by the Executive Director of the Authority, the Authority offices will be open from 8:30 a.m. until 4:30 p.m. on business days except Saturdays, Sundays and legal holidays. The Authority may be open on Saturdays by appointment. The appropriate address for service of any Authority employee or officer may be obtained on the Authority’s web site at www.philapark.org/tld.
Cross References This section cited in 52 Pa. Code § 1003.32 (relating to out of service designation).
§ 1001.9. Sessions of the Authority.
Public meetings of the Authority ordinarily will be held in its offices at 701 Market Street, Suite 5400, Philadelphia, Pennsylvania. Schedules for public meetings are advertised and posted under 65 Pa.C.S. Chapter 7 (relating to Sunshine Act) and copies of the schedule can be obtained on the Authority’s web site at www.philapark.org.
Source The provisions of this § 1001.9 amended August 29, 2014, effective August 30, 2014, 44 Pa.B. 5662. Immediately preceding text appears at serial page (360316).
§ 1001.10. Definitions.
(a) Subject to additional definitions contained in subparts which are applicable to specific chapters or subchapters, the following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise:
Act—53 Pa.C.S. Chapters 55, 57, 57A and 57B.
Adjudication—An order, decree, decision, determination or ruling by the Authority affecting personal or property rights, privileges, immunities, duties, liabilities or obligations of the parties to the proceeding in which the adjudication is made.
Adversarial proceeding—A proceeding initiated by a person to seek Authority approvals, tariff changes, enforcement, remedies, issuance of fines or other relief by order of the Authority which is contested by one or more other persons and which will be decided on the basis of a formal record.
Applicant—A person, who on his own behalf or on behalf of another, is applying for permission to engage in an act or activity which is regulated under the act or this part.
Approved, approval or approve—The date that an application to the Authority is granted regardless of the pendency of administrative or judicial appeals or other legal action challenging the decision of the Authority.
Arrest—Detaining, holding or taking into custody by police or other law enforcement authorities to answer for an alleged commission of an offense.
Authority—The Philadelphia Parking Authority.
Authorized agent—A person with permission to legally act on behalf of the filing user.
Board—A quorum of the members of the Philadelphia Parking Authority appointed under 53 Pa.C.S. § 5508.1 (relating to special provisions for authorities in cities of the first class).
Broker—An individual authorized by the Authority as provided in § 1029.8 (relating to broker registration approval) to prepare application-related documents, appear at settlements, and otherwise act on behalf of a party as to matters related to the sale or transfer of transferable rights.
Call or demand service—Local common carrier service for passengers, rendered on an exclusive basis, when the service is characterized by the fact that passengers normally hire the vehicle and its driver either by telephone call or by hail, or both.
Certificate—(i) A certificate of public convenience issued by the Authority under the act.
(ii) The term does not include a driver’s certificate or broker registration.
Certificate holder—The person to whom a certificate is issued.
City of Philadelphia or Philadelphia—A city of the first class in this Commonwealth.
Clerk—The Authority employee with whom pleadings and other documents are filed, and with whom official records are kept under § 1001.5 (relating to Office of the Clerk) and as otherwise provided for in this part.
Common carrier—(i) A common carrier by motor vehicle, within the scope of the act, who or which holds out or undertakes, directly or indirectly, the transportation of passengers within the City of Philadelphia by motor vehicle for compensation.
(ii) The term does not include common carriers by rail, water or air, and express or forwarding public utilities insofar as the common carriers or public utilities are engaged in these motor vehicle operations.
Compensation—A thing of value, money or a financial benefit conferred on or received by a person in return for services rendered, or to be rendered, whether by that person or another.
Contested complaint—A formal complaint.
Conviction—A finding of guilt or a plea of guilty or nolo contendere whether or not a judgment of sentence has been imposed as determined by the law of the jurisdiction in which the prosecution was held relating to any of the following:(i) A crime for any of the following within the preceding 7 years:
(A) A felony conviction involving theft.
(B) A felony conviction for fraud.
(C) A felony conviction for a violation of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § § 780-101—780-144).
(D) A felony conviction under 18 Pa.C.S. § 2706 (relating to terroristic threats) or a similar statute in another jurisdiction.
(ii) A crime for any of the following within the preceding 10 years:
(A) Use of a motor vehicle to commit a felony.
(B) Burglary or robbery.
(iii) A crime for any of the following at any time:
(A) A sexual offense under 42 Pa.C.S. § 9799.14(c) or (d) (relating to sexual offenses and tier system) or similar offenses under the laws of another jurisdiction or under a former law of the Commonwealth.
(B) A crime of violence as defined in 18 Pa.C.S. § 5702 (relating to definitions).
(C) An act of terror.
Criminal history report—The report issued by the State Police, similar government entity in a jurisdiction outside this Commonwealth or a third-party report which will identify any convictions associated with an individual. A third-party report shall be conducted on a local and National background check, which must include a multistate or multijurisdictional criminal records locator or other similar Nationwide database with primary source validation and a review of the United States Department of Justice’s National Sex Offender Public Website.
Director—The Director of the Authority’s Taxicab and Limousine Division as provided in § 1003.72 (relating to TLD staffing generally).
Dispatcher—(i) The owner of a certificate of public convenience to operate a dispatching service in Philadelphia issued by the Authority under section 5711(c)(6) of the act (relating to power of authority to issue certificates of public convenience) and Chapter 1019 (relating to dispatchers).
(ii) The term includes a wheelchair accessible vehicle (WAV) taxicab dispatcher as provided in § 1011.2 (relating to definitions).
Electronic mail or email—A means of dispatching or receiving notice or a submittal in relation to an Authority matter through electronic means.
Enforcement Department—The department of the TLD created under § 1003.74 (relating to Enforcement Department).
Enforcement proceeding—A proceeding initiated by the Authority through the issuance of a formal complaint averring any violation of the act, this part or an order of the Authority.
Exclusive service—Transportation on a given trip when the first or principal person, party or group hiring the vehicle has the exclusive right to determine where, when or if another passenger shall be carried on that trip.
Ex parte communication—(i) Any off-the-record communications regarding a pending matter before the Authority or which may reasonably be expected to come before the Board in a contested on-the-record proceeding.
(ii) The term does not include off-the-record communications by and between members, staff and employees of the Authority, the PUC, the State Police, the Attorney General or other law enforcement officials necessary for their official duties under this part.
Executive Director—The Authority’s chief operating officer.
Fiscal year—The period which begins on July 1 and terminates the following June 30.
Formal complaint—A written document filed with the Clerk initiating an enforcement action as provided in Chapter 1005 (relating to formal proceedings).
Formal proceeding—A matter intended to produce a formal record.
Formal record—The pleadings and submittals in a matter or proceeding, a notice or Authority order initiating the matter or proceeding and, if a hearing is held, all of the following: the designation of the presiding officer, transcript of hearing, exhibits received in evidence, offers of proof, motions, stipulations, subpoenas, proofs of service, references to the Authority and determinations made by the Authority thereon, certifications to the Authority, and anything else upon which action of the presiding officer or the Authority may be based.
Friendly cross-examination—Cross-examination of a witness by a party who does not disagree with the witness’ position on an issue.
General Counsel—The chief legal counsel to the Authority.
Individual—A natural person.
Informal complaint—A document or communication to the Authority seeking action on a matter as provided in § 1003.41 (relating to form and content of informal complaints).
Informal investigation—A matter initiated by Authority staff that may result in a formal complaint, a settlement or other resolution of the matter or termination by letter.
Limousine—A vehicle authorized to by the Authority to provide limousine service.
Limousine driver—The individual to whom a current and valid limousine driver’s certificate has been issued by the Authority under section 5706 of the act (relating to driver certification program).
Limousine service—The term as defined in section 5701 of the act (relating to definitions).
Manager of Administration—The individual appointed to manage the Administration Department of the TLD as provided in § 1003.72. The Manager of Administration may be contacted at TLD Headquarters or by email to TLDAdmin@philapark.org.
Manager of Enforcement—The individual appointed to manage the Enforcement Department of the TLD as provided in § 1003.74. The Manager of Enforcement may be contacted at TLD Headquarters or by email to TLDEnforcement@philapark.org.
Nonadversarial proceeding—A proceeding initiated by a person which is not contested or a proceeding initiated by the Authority or at the request of a person to develop regulations, policies, procedures, technical rules or interpretations of law.
PUC—The Pennsylvania Public Utility Commission.
Party—(i) A person who appears in a proceeding before the Authority, including interveners, protestants, petitioners, respondents and certificate holders.
(ii) The term includes the interests of the Authority which may be represented by the Enforcement Department, the TLD, other Authority staff or trial counsel, or all of them.
Person—Except as otherwise provided in this part or in the act, a natural person, corporation, foundation, organization, business trust, estate, limited liability company, licensed corporation, trust, partnership, limited liability partnership, association, representatives, receivers, agencies, governmental entities, municipalities or other political subdivisions, or other form of legal business entity.
Personal vehicle—A vehicle used by a TNC driver to provide transportation network service in accordance with Chapter 57A of the act (relating to transportation network companies).
Petitioners—Persons seeking relief, not otherwise designated in this section.
Pleading—An application, complaint, petition, answer, motion, preliminary objection, protest, reply, new matter and reply to new matter or other similar document filed in a formal proceeding.
Presiding officer—(i) A member or members of the Authority’s Board, or other person designated by the Authority or this part to conduct proceedings.
(ii) A hearing officer as used in section 5705 of the act (relating to contested complaints).
(iii) This definition supersedes 1 Pa. Code § 31.3 (relating to definitions).
Proof of service—A certificate of service which complies with § § 1001.55 and 1001.56 (relating to proof of service; and form of certificate of service).
Protestants—Persons objecting on the ground of private or public interest to the approval of an application or other matter which the Authority may have under consideration.
Recommended decision—An opinion and order submitted for the approval of the Authority by the presiding officer.
Regulated person or regulated party—A certificate holder, broker, taxicab driver or other person subject to the act.
Respondents—Persons subject to a statute or other delegated authority administered by the Authority who are required to respond to an order or notice issued by the Authority instituting a proceeding or investigation on its own initiative or otherwise.
Rights—A certificate of public convenience, driver’s certificate, registration or waiver issued to a regulated party by the Authority under the act.
Sale—A change in ownership of a transferable right, including a change in ownership of securities in an entity that owns transferable rights.
Securities—The term as defined in section 102 of the Pennsylvania Securities Act of 1972 (70 P.S. § 1-102).
Staff—Employees or agents of the Authority assigned to implement the act, this part or an order of the Authority.
State Police—The Pennsylvania State Police.
Submittal—An application, amendment, exhibit or similar document involving matters filed in an adversarial or nonadversarial proceeding.
TLD—Taxicab and Limousine Division—The division of the Authority comprised of staff assigned to implement the purposes of the act, this part and the orders of the Authority.
TLD Headquarters—The office of the TLD identified on the Authority’s web site at www.philapark.org/tld. Unless specifically provided otherwise, communications with any Authority staff member shall be directed to TLD Headquarters.
TNC—Transportation network company—A person or an entity that obtains a license to operate a transportation network service by the Authority and uses a digital network to facilitate prearranged rides under Chapter 57A of the act.
TNC driver—A person who uses a personal vehicle to offer or provide a prearranged ride to passengers upon connection through a digital network controlled by a TNC in return for compensation or payment of a fee under Chapter 57A of the act.
Taxicab—(i) A motor vehicle designed for carrying no more than eight passengers, exclusive of the driver, as defined in section 5701 of the act and certified by the Authority under the act, this part or an order of the Authority.
(ii) The term includes partial-rights taxicabs, medallion taxicabs and other vehicles authorized by the Authority to provide call or demand service.
Taxicab certificate—(i) A certificate issued by the Authority authorizing the holder to provide taxicab service under the act, this part or an order of the Authority.
(ii) The term includes medallion taxicab certificates and partial-rights taxicab certificates.
Taxicab driver—(i) The individual to whom a current and valid taxicab driver’s certificate has been issued by the Authority under section 5706 of the act.
(ii) The term includes a WAV taxicab driver as provided in § 1011.2.
Taxicab driver’s certificate—The original photographic identification card issued by the Authority which confirms that an individual has complied with Chapter 1021 (relating to taxicab drivers) and is authorized to provide taxicab service under section 5706 of the act.
Taxicab service—(i) The transportation of passengers or offering to transport passengers in a taxicab as a common carrier call or demand service in Philadelphia.
(ii) The term includes the stopping, standing or parking of a taxicab in a taxicab stand line or other location commonly used by the public to access taxicabs.
(iii) The term includes partial-rights taxicabs, medallion taxicabs and other vehicles authorized by the Authority to provide call or demand service.
Transferable rights—Rights issued by the Authority and identified as transferable in § 1027.2 (relating to transferable rights).
Trial counsel—An attorney admitted to practice law before the Supreme Court of Pennsylvania who is assigned to the Office of Trial Counsel to prosecute complaints on behalf of the Authority as provided in § 1003.75 (relating to Office of Trial Counsel).
Verification—When used in reference to a written statement of fact by the signer, the term means supported by one of the following:(i) An oath or affirmation before an officer authorized by law to administer oaths, or before a particular officer or individual designated by law as one before whom it may be taken, and officially certified to in the case of an officer under seal of office.
(ii) An unsworn statement made subject to the penalties in 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).
(b) Subsection (a) supersedes 1 Pa. Code § 31.3.
Authority The provisions of this § 1001.10 temporarily amended under 53 Pa.C.S. § 57B02.
Source The provisions of this § 1001.10 amended August 29, 2014, effective August 30, 2014, 44 Pa.B. 5662; temporarily amended May 5, 2017, effective February 25, 2017, expire upon promulgation of final-form regulations or on November 5, 2018, whichever is later, as set forth in 53 Pa.C.S. § 57B02(b), 47 Pa.B. 2558. Immediately preceding text appears at serial pages (360317) to (360318), (373095) to (373099) and (360323).
Cross References This section cited in 52 Pa. Code § 1011.5 (relating to ineligibility due to conviction or arrest); 52 Pa. Code § 1011.9 (relating to taxicab service limitations); 52 Pa. Code § 1019.3 (relating to dispatcher application); 52 Pa. Code § 1021.2 (relating to certification required); 52 Pa. Code § 1021.5 (relating to standards for obtaining a taxicab driver’s certificate); 52 Pa. Code § 1027.7 (relating to required application information); 52 Pa. Code § 1029.5 (relating to broker registration); 52 Pa. Code § 1051.5 (relating to ineligibility due to conviction or arrest); 52 Pa. Code § 1051.8 (relating to limousine service limitations); 52 Pa. Code § 1057.2 (relating to certification required); 52 Pa. Code § 1057.5 (relating to standards for obtaining a limousine driver’s certificate); and 52 Pa. Code § 1059.6 (relating to required application information).
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