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COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter B. LIMOUSINE INSPECTIONS


Sec.


1055.11.    Scheduled compliance inspections.
1055.12.    (Reserved).
1055.13.    Failure to appear for scheduled inspection.
1055.14.    Field inspections.
1055.15.    Failure to submit to field inspection.
1055.16.    Reinspection.
1055.17.    Removal of vehicle and change of license plate.
1055.18.    Attendance at scheduled inspection.
1055.19.    Prerequisites to inspection.
1055.20.    Approved models and conditions.
1055.21.    Reconstructed vehicles prohibited.

§ 1055.11. Scheduled compliance inspections.

 (a)  Compliance inspection.

   (1)  In addition to any other inspections required or permitted under the act, this part or an order of the Authority, up to 20% of all limousines registered with the Authority shall be submitted to a scheduled compliance inspection on an annual basis and at a time and location designated by the Authority. The Enforcement Department will designate each limousine for compliance inspection as provided in this section.

   (2)  Beginning February 25, 2017, the fee for a compliance inspection conducted by the Authority under this subsection is $25 and payment shall be made at the time of the inspection under §  1001.42 (relating to mode of payment to the Authority).

 (b)  State inspection.

   (1)  A certificate holder may elect to have the Authority conduct a State inspection as defined in §  1055.1 (relating to definitions) upon request to the Authority, either at the time of the scheduled inspection under subsection (9) or at a time and place designated by the Authority.

   (2)  The fee for a State inspection conducted under this subsection 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 (relating to Authority fee schedule).

Authority

   The provisions of this §  1055.11 temporarily amended under 53 Pa.C.S. §  57B02.

Source

   The provisions of this §  1055.11 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 page (360499).

Cross References

   This section cited in 52 Pa. Code §  1051.10 (relating to record retention); and 52 Pa. Code §  1055.13 (relating to failure to appear for scheduled inspection).

§ 1055.12. (Reserved).


Authority

   The provisions of this §  1055.12 temporarily reserved under 53 Pa.C.S. §  57B02.

Source

   The provisions of this §  1055.12 temporarily reserved 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 (360499) to (360500).

§ 1055.13. Failure to appear for scheduled inspection.

 If a limousine fails to appear for an inspection as provided in §  1055.11 (relating to scheduled compliance inspections) or another inspection scheduled by the Authority as provided in the act, this part or an order of the Authority, the certificate holder may be subject to a penalty through issuance of a formal complaint.

§ 1055.14. Field inspections.

 

 (a)  Inspectors may stop and inspect limousines in operation, or appearing to be in operation, to ensure continued compliance with the act, this part or any order of the Authority.

 

 (b)  Upon field inspection, an inspector may instruct a limousine driver to drive the limousine directly to TLD Headquarters for a compliance inspection if the inspector believes that the limousine is not in compliance with this subpart and represents a public safety concern.

Cross References

   This section cited in 52 Pa. Code §  1053.43 (relating to certain limousine requirements); 52 Pa. Code §  1055.15 (relating to failure to submit to filed inspection); 52 Pa. Code §  1055.18 (relating to attendance at scheduled inspection); and 52 Pa. Code §  1055.19 (relating to prerequisites to inspection).

§ 1055.15. Failure to submit to field inspection.

 

 (a)  Upon instruction by an inspector, a limousine driver shall stop the limousine and permit the inspector to conduct a field inspection of the limousine as provided in §  1055.14 (relating to field inspections).

 

 (b)  If a limousine driver fails to permit a full field inspection, the limousine may be placed out of service, as provided in §  1003.32 (relating to out of service designation).

§ 1055.16. Reinspection.

 In the event a limousine fails any Authority inspection or is removed from limousine service by the Authority for any reason, the limousine may not resume limousine service until a compliance inspection is successfully completed by the Authority.

§ 1055.17. Removal of vehicle and change of license plate.

 (a)  A certificate holder shall report the removal of a vehicle from Philadelphia limousine service to the Manager of Administration at TLDAdmin@philapark.org within 72 hours of removal.

 (b)  A certificate holder shall report the change of the Department of Transportation license plate, or the change of the license plate of a similarly authorized government entity in another jurisdiction of the United States, issued to a limousine to the Manager of Administration at TLDAdmin@philapark.org within 72 hours of the license plate change.

Authority

   The provisions of this §  1055.17 temporarily amended under 53 Pa.C.S. §  57B02.

Source

   The provisions of this §  1055.17 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 page (372521).

§ 1055.18. Attendance at scheduled inspection.

 

 (a)  The certificate holder or its attorney-in-fact shall attend each limousine inspection conducted by the Authority, except field inspections as provided in §  1055.14 (relating to field inspections).

 

 (b)  The attorney-in-fact shall appear with the original power of attorney, which is in compliance with §  1001.28 (relating to power of attorney).

§ 1055.19. Prerequisites to inspection.

 (a)  The Authority will not initiate an inspection of a limousine, except as provided in §  1055.14 (relating to field inspections), if the limousine 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 limousine, except as provided in §  1055.14, 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 1051.3 (relating to annual rights renewal process).

   (2)  Section 1051.5 (relating to ineligibility due to conviction or arrest).

   (3)  Section 1051.6 (relating to payment of outstanding fines, fees and penalties).

 (c)  A limousine 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).

Authority

   The provisions of this §  1055.19 temporarily amended under 53 Pa.C.S. §  57B02.

Source

   The provisions of this §  1055.19 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 page (372521).

§ 1055.20. Approved models and conditions.

 The Authority will publish a list of approved makes and models of vehicles by classification permitted for use as limousines, which will be available at www.philapark.org/tld. The list of approved makes and models of vehicles is not exclusive and may be amended upon written request to the Manager of Administration.

§ 1055.21. Reconstructed vehicles prohibited.

 Salvaged or reconstructed vehicles may not provide limousine service.



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