§ 1003.32. Out of service designation.
(Editor’s Note: This regulation has been recognized as invalid as applied to partial-rights taxicabs. Germantown Cab Company v. Philadelphia Parking Authority, 155 A.3d 669 (Pa. Cmwlth. 2017).)
(a) Vehicles.
(1) Upon observation of a condition of a taxicab or limousine that creates a public safety concern, the Enforcement Department may immediately place the taxicab or limousine out of service. Public notice of a vehicle’s out of service status will be conspicuously affixed to the vehicle and may only be removed by the Authority after inspection as provided in § 1017.36 (relating to reinspection) or by order as provided in subsection (h).
(2) Upon observation of a condition of a taxicab or limousine that violates the act, this part or an order of the Authority, and which does not constitute an immediate public safety concern, the Enforcement Department will provide notice of the violation to the certificate holder as provided § 1001.51 (relating to service by the Authority) and its intent to initiate an out of service designation against the taxicab or limousine. If the certificate holder does not provide proof to the Enforcement Department that the violation was corrected within 5 days of the notice, the Enforcement Department may place the taxicab or limousine out of service as provided in paragraph (1).
(b) Drivers. A driver’s certificate issued by the Authority under section 5706 of the act (relating to driver certification program) may be placed out of service by the Enforcement Department upon determination that the driver’s operation of a taxicab or limousine will create a public safety concern or if the driver fails to appear at TLD Headquarters upon direction of the Enforcement Department without just cause.
(c) Certificates and other rights. When a regulation or order of the Authority directs that a certificate or other right issued by the Authority be placed out of service, the Enforcement Department will provide notice of the violation to the certificate holder as provided in § 1001.51 and its intent to initiate an out of service designation against the certificate or other right issued by the Authority. If the certificate holder does not provide proof to the Enforcement Department that the violation was corrected within 5 days of the notice, the Enforcement Department may place the certificate or other right issued by the Authority out of service and the procedures of this section apply.
(d) Notice to the Clerk. The Enforcement Department will provide notice of an out of service designation to the Clerk. The notice will be provided by 4:30 p.m. on the next day during which the Authority maintains office hours as provided in § 1001.8 (relating to Authority office hours and address). The notice will include the date and time that the out of service designation was made, and the following information about the respondent, if available:
(1) Name.
(2) Address.
(3) Email address.
(4) Telephone number.
(5) Authority number assigned to the out of service rights.
(e) Hearing to be scheduled. Upon notification of an out of service designation as provided in subsection (c), the Clerk will schedule a hearing before an Adjudication Department presiding officer within 3 days of the out of service designation.
(f) Formal complaint.
(1) The Enforcement Department will file a formal complaint with the Clerk against the out of service respondent for the violations forming the basis of the out of service designation within 2 days of the designation. The complaint will be served as set forth in § 1001.51. The Enforcement Department is not prohibited from issuing and filing a formal complaint at the time notice is issued of its intent to initiate an out of service designation as provided in this section.
(2) The out of service designation will be terminated and the Clerk will notify the respondent and the presiding officer of the cancellation of the scheduled hearing in the event a complaint is not filed as provided in paragraph (1).
(3) The out of service respondent shall file an answer to the Enforcement Department’s complaint as provided in § 1005.41 (relating to answers to complaints, petitions, motions and other filings requiring a response). The answer shall be filed with the Clerk and served as provided in § 1001.52 (relating to service by a party). If the formal complaint is a form citation as provided in § 1005.13 (relating to citation complaints by the Authority), the out of service respondent shall respond to the citation under § 1005.13(b).
(g) Scope of hearing.
(1) The averments of the Enforcement Department’s complaint filed as provided in subsection (f)(1) will be deemed denied by the respondent for purposes of the out of service hearing.
(2) At the out of service hearing, the Enforcement Department will bear the burden of proof by a preponderance of the evidence that the out of service designation remains appropriate under this section. The respondent may submit evidence, cross-examine Enforcement Department witnesses and otherwise participate in the hearing as provided by Chapter 1005 (relating to formal proceedings).
(h) Order. An order following an out of service hearing may rescind, modify or continue the out of service designation. When an order of the presiding officer modifies or continues an out of service designation, the order will include a prompt date for a hearing on the Enforcement Department’s formal complaint.
(i) Appeal. The decision of the presiding officer will constitute a recommended decision and will be reviewed by the Authority as provided in § § 1005.211—1005.215 (relating to exceptions to recommended decisions).
Authority The provisions of this § 1003.32 temporarily amended under 53 Pa.C.S. § 57B02.
Source The provisions of this § 1003.32 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 (360349) to (360350) and (372493).
Cross References This section cited in 52 Pa. Code § 1003.31 (relating to definitions); 52 Pa. Code § 1011.3 (relating to annual rights renewal process); 52 Pa. Code § 1011.4 (relating to annual assessments and renewal fees); 52 Pa. Code § 1011.5 (relating to ineligibility due to conviction or arrest); 52 Pa. Code § 1011.11 (relating to record retention); 52 Pa. Code § 1011.15 (relating to death or incapacitation of a certificate holder or certain persons with controlling interest); 52 Pa. Code § 1017.31 (relating to vehicle inspections by the Authority); 52 Pa. Code § 1017.33 (relating to failure to appear for scheduled inspection); 52 Pa. Code § 1017.35 (relating to failure to submit to field inspection); 52 Pa. Code § 1017.42 (relating to prerequisites to inspection); 52 Pa. Code § 1017.51 (relating to definitions); 52 Pa. Code § 1021.11 (relating to driver requirements); 52 Pa. Code § 1025.2 (relating to insurance forms and procedures); 52 Pa. Code § 1051.3 (relating to annual rights renewal process); 52 Pa. Code § 1051.4 (relating to annual rights renewal fees); 52 Pa. Code § 1051.5 (relating to ineligibility due to conviction or arrest); 52 Pa. Code § 1051.10 (relating to record retention); 52 Pa. Code § 1051.14 (relating to death or incapacitation of a certificate holder or certain persons with controlling interest); 52 Pa. Code § 1055.15 (relating to failure to submit to field inspection); 52 Pa. Code § 1055.19 (relating to prerequisites to inspection); and 52 Pa. Code § 1055.31 (relating to definitions).
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