Subchapter A. GENERAL PROVISIONS
Sec.
1017.1. Definitions.
1017.2. Preservice inspection.
1017.3. Age and mileage computation.
1017.4. Age and mileage limitations.
1017.5. Basic vehicle standards.
1017.6. Required documents.
1017.7. Transportation of blind, deaf or physically disabled persons with service animals.
1017.8. Wheelchair accessible vehicle taxicab specifications.§ 1017.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Antique vehicle—A motor vehicle, but not a reproduction thereof, that is 25 years old or older as provided in § 1017.3(a) (relating to age and mileage computation), which has been maintained in or restored to a condition, which is substantially in conformance with manufacturer specifications.
Commercial advertisement—An advertisement for which a private individual or entity pays a fee to display that advertisement on the exterior or interior of a taxicab.
Compliance inspection—The inspection of a taxicab or taxicab equipment, or both, by the Authority to assure compliance with the act, this part and orders of the Authority. Anytime the inspection of a taxicab, a meter or other taxicab service-related equipment is required by the act, this part or an order of the Authority it will be a compliance inspection.
Field inspection—The unscheduled inspection of a taxicab by an inspector for compliance with the act, this part and orders of the Authority.
State inspection—The annual inspection required under 75 Pa.C.S. Chapter 47 (relating to inspection of vehicles).
TLD inspection sticker—A certificate of inspection issued and affixed by the Enforcement Department to a vehicle subject to this part upon confirmation of compliance with the act, this part or orders of the Authority after a compliance inspection.
Authority The provisions of this § 1017.1 temporarily amended under 53 Pa.C.S. § 57B02.
Source The provisions of this § 1017.1 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 (373993) to (373994).
Cross References This section cited in 52 Pa. Code § 1017.31 (relating to vehicle inspections by the Authority).
§ 1017.2. Preservice inspection.
(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 vehicle may not perform taxicab service without a TLD inspection sticker as provided in § 1017.32 (relating to TLD inspection sticker required).
Cross References This section cited in 52 Pa. Code § 1013.2 (relating to attachment of a medallion); 52 Pa. Code § 1017.32 (relating to TLD inspection sticker required); 52 Pa. Code § 1017.38 (relating to change of vehicle); and 52 Pa. Code § 1017.42 (relating to prerequisites to inspection).
§ 1017.3. Age and mileage computation.
(a) Method of age computation. The age of a taxicab will be determined by comparing its model year to the current model year.
(b) Imputed mileage. A vehicle with an odometer reading that differs from the number of miles the vehicle has actually traveled or that has had a prior history involving the disconnection or malfunctioning of an odometer or which appears to the Authority to have an inaccurate odometer reading based on prior inspection records will be assigned an imputed mileage equal to 3,333 miles per month from the last reliable odometer recording through the date of inspection. If a reliable baseline odometer reading cannot be ascertained, the vehicle may not be introduced for service or continue in service as a taxicab.
(c) Reporting of odometer malfunctions. A certificate holder or taxicab driver who knows or suspects that the odometer reading of a taxicab differs from the number of miles the taxicab has actually traveled shall disclose that status to the Enforcement Department immediately.
Cross References This section cited in 52 Pa. Code § 1017.1 (relating to definitions); and 52 Pa. Code § 1017.4 (relating to age and mileage limitations).
§ 1017.4. Age and mileage limitations.
(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) Retirement age and mileage.
(1) Except as provided in subsection (b), a taxicab shall be removed from providing service upon reaching an age of 8 years old, as calculated under § 1017.3(a) (relating to age and mileage computations). For example, the last day on which a 2009 model year vehicle may be operated in taxicab service is December 31, 2017.
(2) Except as provided in subsection (b), a taxicab shall be removed from service upon reaching 350,000 cumulative miles on the vehicle’s odometer.
(b) Antique vehicles. The Director may authorize the operation of antique vehicles as taxicabs upon review of a petition for waiver as provided in § 1005.23 (relating to petitions for issuance, amendment, repeal or waiver of Authority regulations).
Authority The provisions of this § 1017.4 temporarily amended under 53 Pa.C.S. § 57B02.
Source The provisions of this § 1017.4 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 (373994) to (373995).
Cross References This section cited in 52 Pa. Code § 1017.42 (relating to prerequisites to inspection).
§ 1017.5. Basic vehicle standards.
(Editor’s Note: Subsection (b)(12) has been recognized as invalid. Germantown Cab Company v. Philadelphia Parking Authority, 155 A.3d 669 (Pa. Cmwlth. 2017).)
(a) State vehicle standards. In addition to standards required under the act, this part and orders of the Authority, a taxicab must continually satisfy the applicable Department of Transportation equipment inspection standards in 67 Pa. Code Chapter 175 (relating to vehicle equipment and inspection) when providing taxicab service.
(b) Standard taxicab vehicle requirements. Each taxicab is subject to all of the following requirements:
(1) A taxicab must have four functioning and properly aligned doors which comply with the standards provided in 67 Pa. Code Chapter 175. The doors must have the following properly installed and maintained components:
(i) Functional exterior and interior door handles which are operable by passengers.
(ii) Intact door seals (door gaskets and doorway padding).
(iii) Functional windows which are operable by passengers.
(iv) Doors that open without resistance and close securely.
(v) Functional interior door locks which are operable by passengers.
(2) A medallion taxicab shall utilize the services of a dispatcher approved by the Authority under Chapter 1019 (relating to dispatchers) and dispatch-related equipment must function properly.
(3) A medallion taxicab must be equipped with operable technology that is approved by the Authority that facilitates two-way communication.
(4) Except as provided in paragraph (5), the taxicab must have a functioning dome light firmly affixed to its roof. The dome light must be lit when the vehicle is available for service. The dome light must comply with the approved design submitted by the taxicab’s certified dispatcher under § 1019.7 (relating to name, colors and markings review).
(5) A rooftop-advertising panel with ends that illuminate to indicate when the taxicab is available for service may be used instead of the dome light, provided that the rooftop-advertising panel meets the requirements in subsection (e).
(6) A taxicab must display taxicab rates approved by the Authority as provided in section 5703 or 5720 of the act, or both (relating to rates; and wages).
(7) A taxicab must be equipped with operable seatbelts for every passenger and the driver.
(8) A taxicab must be equipped with a protective shield which separates the front seat from the back seat and bears the manufacturer’s name, or a safety camera system that is approved by the Authority as provided in § 1017.71 (relating to taxicab safety cameras). If a medallion taxicab certificate holder opts to install a protective shield, it must meet the following minimum requirements:
(i) The upper portion of the shield must extend from the top of the front seat to a point not more than 3 inches from the ceiling of the vehicle and must be constructed of a clear, see-through, bullet-resistant material.
(ii) The shield must have either a sliding window controlled by the vehicle operator and capable of being locked by the driver, or a payment exchange cup or tray or similar device which allows the operator to receive payment from passengers in the back seat of the vehicle without unduly exposing the vehicle operator to danger.
(iii) The upper portion of the shield may not obstruct the vehicle operator’s view of the road to the rear of the vehicle.
(iv) The lower portion of the shield must extend the full length of the front seat and be constructed of a bullet-resistant material.
(v) Both the upper and lower portions of the shield must extend from a point flush with the left hand side of the vehicle across the vehicle to a point flush with the right hand side of the vehicle.
(vi) The shield may not have an edge or projection protruding into the area where a passenger or driver will sit or move.
(vii) The shield must be installed in a manner which does not prevent voice communication between the vehicle operator and passengers in the vehicle.
(viii) The shield must be installed in a manner which allows heat and air conditioning to maintain the taxicab’s temperature at levels required under paragraph (14).
(ix) The shield must be sufficiently transparent to allow a passenger to easily read the meter and the taxicab driver’s certificate.
(9) A taxicab must be equipped with a meter approved for use as provided in § 1017.23 (relating to approved meters) and may not be equipped with a device that has the capability of allowing the meter to register a nonapproved rate.
(10) A taxicab may not be equipped with a push bumper.
(11) The interior, exterior and trunk compartment of a taxicab must be clean so as to present a positive appearance and to prevent possible transfer of dirt, dust, grease, paint or other markings to a passenger’s clothing or luggage. A taxicab must be free of objectionable odors. For example, a taxicab may not smell like urine, feces, animals, insects, decomposing organisms, poor human hygiene or garbage.
(12) Upholstery of a taxicab’s passenger seats may not be torn in excess of 3 inches or have protruding springs or other material capable of tearing a passenger’s skin or clothing. Passenger seat tears in excess of 3 inches shall be properly repaired and may not be mended with tape.
(13) A taxicab’s interior must consist of matching features, including door panels.
(14) A functioning air conditioner capable of keeping the interior of the taxicab at a constant temperature between 60° and 78° Fahrenheit.
(15) A taxicab must contain a legible commercially- produced map of the City of Philadelphia for use by the taxicab driver.
(16) A taxicab’s exterior paint must be in good repair and consistent with the colors and markings of the taxicab’s dispatcher, and the exterior of the vehicle may not have dents larger than 12 inches and may not have loose body panels or bumpers.
(17) In addition to other postings required by this subpart, a taxicab must have posted in the passenger compartment in a place easily observed by passengers, all of the following information:
(i) A prohibition against smoking, eating and drinking while in the taxicab.
(ii) The availability of noncash payment options.
(iii) Information in both written English and Braille on how to submit a taxicab service-related complaint to the Authority.
(iv) The taxicab’s dispatcher and the number assigned to the taxicab under § 1017.14 (relating to taxicab numbering).
(18) The Authority may require the installation of a separate heating and air conditioning system in a taxicab if necessary to comply with paragraph (14).
(19) A taxicab must have operational interior lights.
(20) A driver operating a taxicab and who transports a child anywhere in the taxicab shall comply with 75 Pa.C.S. § 4581 (relating to restraint systems).
(21) The taxicab must have a trunk or storage area large enough to accommodate a folded manual wheelchair.
(22) Properly affixed and matching hubcaps or wheel covers for all four tires.
(c) Interstate travel. No requirement of this subpart or any Authority regulation may be interpreted to disrupt or interfere with interstate commerce exclusively regulated by or pre-empted by the government of the United States.
(d) Smoking prohibited. Persons may not smoke in a taxicab.
(e) Advertising.
(1) The display of commercial advertisements on the exterior or interior of a taxicab is permitted only upon 72 hours advanced written notice by the medallion certificate holder to the Director and Manager of Enforcement prior to the display of the advertisement, which must include a color copy of the advertisement and a written description of the advertisement’s placement on or within the taxicab. The use of a rooftop-advertising panel as provided in subsection (b)(5) is excluded from the 72 hours advanced written notice requirement.
(2) Commercial advertisements, colors, markings and other displays required by this part must be securely fastened to the taxicab, may not obscure the driver’s view in any direction and may not violate any provision of 75 Pa.C.S. (relating to Vehicle Code) or 67 Pa. Code (relating to transportation).
(3) A commercial advertisement will not be permitted if it violates any requirement in § 1017.12 (relating to required markings and information).
(4) A commercial advertisement for display on the exterior or interior of a taxicab will not be permitted as follows:
(i) Advertisements that do not relate primarily to the economic interests of the publisher or its audience, or that do not direct attention to a business, industry, profession, commodity, service, activity, institution, product or entertainment offered for sale.
(ii) Advertisements relating to the sale or use of alcohol, tobacco products or firearms.
(iii) Advertisements that relate to sexually-oriented businesses, products or services.
(iv) Advertisements that are obscene or pornographic.
(v) Advertisements relating to political campaigns or ballot measures.
(vi) Advertisements that are false, misleading, defamatory or infringe on any copyright, trade or service mark, title or slogan.
(f) Inspection by medallion taxicab certificate holder. A medallion taxicab certificate holder shall inspect each of its taxicabs on a daily basis to confirm that the taxicab complies with this subpart. A medallion taxicab certificate holder may select a person to conduct the inspections required under this subsection on the medallion taxicab certificate holder’s behalf.
Authority The provisions of this § 1017.5 temporarily amended under 53 Pa.C.S. § 57B02.
Source The provisions of this § 1017.5 amended October 24, 2014, effective October 25, 2014, 44 Pa.B. 6769; 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 (373995) to (373998).
Cross References This section cited in 52 Pa. Code § 1017.31 (relating to vehicle inspections by the Authority); 52 Pa. Code § 1017.71 (relating to taxicab safety cameras); and 52 Pa. Code § 1021.11 (relating to driver requirements).
§ 1017.6. Required documents.
A taxicab must contain the following documents for review by an inspector upon request:
(1) Proof of current and valid financial responsibility as required under Chapter 1025 (relating to insurance required) and section 5704 of the act (relating to power of authority to require insurance).
(2) Vehicle registration issued by the Department of Transportation and a copy of the vehicle or medallion lease, if applicable.
Authority The provisions of this § 1017.6 temporarily amended under 53 Pa.C.S. § 57B02.
Source The provisions of this § 1017.6 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 (373998).
§ 1017.7. Transportation of blind, deaf or physically disabled persons with service animals.
Taxicabs must transport dogs trained for the purpose of assisting blind, deaf or physically disabled persons when accompanying blind, deaf or physically disabled persons paying a regular fare. The guide dogs shall be properly leashed and may not occupy a seat.
§ 1017.8. Wheelchair accessible vehicle taxicab specifications.
(a) Basic requirements. WAV taxicabs must be in compliance with the requirements applicable to taxicabs, except when deviations are authorized or required by the act, this part or an order of the Authority.
(b) Standard specifications for WAV taxicabs. In addition to the requirements of subsection (a), a WAV taxicab is a vehicle that has been inspected and approved by the Enforcement Department as meeting all of the following requirements:
(1) Mobility and accessibility.
(i) The lift/ramp width must be 30 inches minimum.
(ii) The design load of the lift/ramp must be at least 600 pounds.
(iii) Controls for the lift/ramp must be interlocked with the vehicle to ensure that the vehicle cannot be moved while the lift/ramp is in operation.
(iv) Controls for the lift/ramp must be of the momentary contact type requiring continuous manual pressure to operate.
(v) The lift/ramp must be equipped with an emergency deployment method in the event of power or mechanical failure.
(vi) The installation of a lift/ramp must include provisions to prevent the lift/ramp from falling or folding any faster than 12 inches/second in the event of any failure of the load-carrying component.
(vii) The lift/ramp platform must be equipped with handrails on two sides, a minimum of 8 inches long and 30 inches above the platform, and move in tandem with the lift/ramp.
(viii) The lift/ramp platform must have barriers at least 2 inches or higher to prevent mobility aid wheels from slipping off.
(ix) Lift/platform surfaces must be continuous and slip resistant, and accommodate four-wheel and three-wheel mobility aids.
(x) The transition from roadway or sidewalk and the transition from vehicle floor to the ramp may be vertical without edge treatment up to 1/4 inch.
(xi) Ramps must have the least slope practical and may not exceed 1:4 when deployed to ground level.
(xii) The lift/ramp attachment must be firmly attached to the vehicle so that it is not subject to displacement when loading or unloading a heavy mobility aid and the gap between the vehicle and ramp may not exceed 5/8 inch.
(2) Doors, steps and thresholds.
(i) For vehicles 22 feet in length or less, the overhead clearance between the top of the door opening. The raised life platform or highest point of the ramp must be a minimum of 56 inches.
(ii) Vehicle doorways in which a lift/ramp is installed must have an outside light, which, when the door is open, provides at least 1 foot-candle of illumination on the street surface for a distance of 3 feet perpendicular to the lift/ramp. The light must be shielded to protect the eyes of entering and exiting passengers.
(3) Interior compartment.
(i) Floor areas where people walk and securement locations must have slip-resistant surfaces.
(ii) A minimum clear floor area of 30 inches by 48 inches must be provided for each wheelchair position.
(iii) Regarding seating configuration, vehicles 22 feet in length or less must provide forward/rear seating only.
(iv) Ramp stowage must be accomplished in a manner as not to pose a hazard to passengers or impinge on a passenger’s mobility aid.
(v) Interior handrails and stanchions must permit sufficient turning and maneuvering space for mobility aids to reach securement location from lift/ramp.
(vi) Handrails and stanchions must be provided in the entrance to the vehicle in a configuration which allows people to grasp the assists from outside the vehicle while starting to board, and to continue using the assists throughout the boarding process.
(4) Secure systems.
(i) There must be four tie down straps for each wheelchair position.
(ii) For each mobility aid securement device, a passenger seat belt and shoulder harness must be provided for use by mobility aid users. These belts may not be used instead of a device which secures the mobility aid itself.
(iii) Securement systems must be stowed in a way as not to present a hazard to passengers when not in use.
(c) Current vehicles. Taxicabs authorized by the Authority on August 30, 2014, that are capable of providing taxicab service to a person in a wheelchair without the need for the person to exit the wheelchair are exempt from the requirements of subsection (b). The exemption provided in this subsection expires when the exempted vehicle is removed from taxicab service and does not run with the associated medallion or certificate of public convenience.
Authority The provisions of this § 1017.8 temporarily amended under 53 Pa.C.S. § 57B02.
Source The provisions of this § 1017.8 adopted 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 (373999) to (374001).
Cross References This section cited in 52 Pa. Code § 1011.2 (relating to definitions).
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