Subchapter D. TAXICAB INSPECTIONS
Sec.
1017.31. Vehicle inspections by the Authority.
1017.32. TLD inspection sticker required.
1017.33. Failure to appear for scheduled inspection.
1017.34. Field inspections.
1017.35. Failure to submit to field inspection.
1017.36. Reinspection.
1017.37. Inspection subsequent to vehicular accident or damage.
1017.38. Change of vehicle.
1017.39. License plate change.
1017.40. Transfer inspection.
1017.41. Attendance at scheduled inspection.
1017.42. Prerequisites to inspection.
1017.43. Approved models and conditions.
1017.44. Reconstructed vehicles prohibited.
Cross References This subchapter cited in 52 Pa. Code § 1017.84 (relating to procedure to place a stand-by vehicle into service).
§ 1017.31. Vehicle inspections by the Authority.
(Editor’s Note: This regulation has been recognized as invalid. Germantown Cab Company v. Philadelphia Parking Authority, 155 A.3d 669 (Pa. Cmwlth. 2017).)
(a) Manner and frequency of inspection. Twenty-five percent of medallion taxicabs operating in Philadelphia must submit to a scheduled compliance inspection by the Authority on an annual basis at a time and location designated by the Authority. Each inspection will be conducted to verify that the taxicab satisfies the mechanical inspection required under 75 Pa.C.S. Chapter 47 (relating to inspection of vehicles) and vehicle quality standards as provided in § 1017.5 (relating to basic vehicle standards).
(b) Selection process. The inspection selection process will be done using a computer software application utilized by the Authority to randomly select medallion taxicabs for inspection. At no time will the same medallion taxicab be required to submit to an annual inspection in the same calendar year.
(c) Notice. The Authority will issue notice of the scheduled inspection to the corresponding medallion taxicab certificate holder within 14 days prior to the scheduled inspection.
(d) State inspections. A medallion taxicab certificate holder may elect to have the Authority conduct a State inspection as defined in § 1017.1 (relating to definitions) upon request to the Authority, either at the time of the scheduled inspection under subsection (a) or at a time and place designated by the Authority. Upon a taxicab failing a State inspection conducted by the Authority under this subsection, the taxicab will be immediately placed out of service under § 1003.32 (relating to out of service designation) until the taxicab either passes a subsequent State inspection conducted by the Authority or is presented to the Enforcement Department with proof that it has passed a State inspection and current certificates of inspection are affixed to the vehicle as provided in 75 Pa.C.S. § 4728 (relating to display of certificate of inspection).
(e) Fees.
(1) Authority compliance inspection. Beginning November 4, 2016, the fee for an annual Authority compliance inspection conducted under subsection (a) is $25 and payment shall be made at the time of the inspection under § 1001.42 (relating to mode of payment to the Authority). The compliance 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).
(2) State inspection. The fee for a State inspection conducted under subsection (d) 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.
Authority The provisions of this § 1017.31 temporarily amended under 53 Pa.C.S. § 57B02.
Source The provisions of this § 1017.31 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 (373113).
Cross References This section cited in 52 Pa. Code § 1011.11 (relating to record retention); 52 Pa. Code § 1017.11 (relating to distinctive colors and markings); 52 Pa. Code § 1017.32 (relating to TLD inspection sticker required); 52 Pa. Code § 1017.33 (relating to failure to appear for scheduled inspection); and 52 Pa. Code § 1017.83 (relating to procedure to place a stand-by vehicle into service).
§ 1017.32. TLD inspection sticker required.
(a) The Authority will affix a TLD inspection sticker to the lower right hand side of the taxicab’s windshield upon successful completion of the following inspections:
(1) Each taxicab compliance inspection as provided in § 1017.31 (relating to vehicle inspections by the Authority).
(2) A reinspection as provided in § 1017.36 (relating to reinspection).
(3) A compliance inspection as provided in § 1017.2 (relating to preservice inspection).
(b) A taxicab may not provide service unless a current TLD inspection sticker is properly affixed to the taxicab.
(c) Each TLD inspection sticker will be valid only until the taxicab is presented to the Authority for another inspection, except as provided in § 1017.34 (relating to field inspections).
Authority The provisions of this § 1017.32 temporarily amended under 53 Pa.C.S. § 57B02.
Source The provisions of this § 1017.32 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 page (373113).
Cross References This section cited in 52 Pa. Code § 1017.2 (relating to preservice inspection); 52 Pa. Code § 1017.12 (relating to required markings and information); 52 Pa. Code § 1017.35 (relating to failure to submit to field inspection); and 52 Pa. Code § 1017.51 (relating to definitions).
§ 1017.33. Failure to appear for scheduled inspection.
If a taxicab fails to appear for an inspection as provided in § 1017.31 (relating to vehicle inspections by the Authority), the certificate holder may be subject to a penalty through issuance of a formal complaint and an out of service designation under § 1003.32 (relating to out of service designation).
Authority The provisions of this § 1017.33 temporarily amended under 53 Pa.C.S. § 57B02.
Source The provisions of this § 1017.33 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 (373113).
§ 1017.34. Field inspections.
(a) Inspectors may stop and inspect taxicabs 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 taxicab driver to drive the taxicab directly to TLD Headquarters for a compliance inspection if the inspector believes that the taxicab is not in compliance with this chapter and represents a public safety concern.
Cross References This section cited in 52 Pa. Code § 1017.32 (relating to TLD inspection sticker required); 52 Pa. Code § 1017.41 (relating to attendance at scheduled inspection); and 52 Pa. Code § 1017.42 (relating to prerequisites to inspection).
§ 1017.35. Failure to submit to field inspection.
(a) Upon instruction by an inspector, a taxicab driver shall stop the taxicab and permit the inspector to conduct a field inspection of the taxicab.
(b) If a taxicab driver fails to permit a full field inspection, the taxicab may be placed out of service, as provided in § 1003.32 (relating to out of service designation).
§ 1017.36. Reinspection.
If a taxicab fails any Authority inspection or is removed from taxicab service for any reason, the taxicab may not resume taxicab service until a compliance inspection is successfully completed by the Authority.
Cross References This section cited in 52 Pa. Code § 1003.32 (relating to out of service designation); and 52 Pa. Code § 1017.32 (relating to TLD inspection sticker required).
§ 1017.37. Inspection subsequent to vehicular accident or damage.
(a) A taxicab is prohibited from providing service after it is involved in one or more of the following:
(1) An incident that shall be reported to the police under 75 Pa.C.S. § 3746 (relating to immediate notice of accident to police department).
(2) An incident resulting in damage to the taxicab which requires replacement or repair to any of the following parts of the taxicab:
(i) Airbags or passenger restraints.
(ii) An axle.
(iii) The vehicle’s frame.
(3) An incident involving any contact with a taxicab which renders it incapable of being legally operated on a highway.
(b) The certificate holder and driver shall contact the police and then the Manager of Enforcement immediately upon the occurrence of any incident in subsection (a) and the certificate holder shall remove the taxicab from service.
(c) For a vehicle to reenter service after the occurrence of a condition referenced in subsection (a), the certificate holder shall schedule a compliance inspection with the Authority. The Authority will not charge a fee for an inspection conducted under this subsection.
(d) On or before the scheduled time for the Authority compliance inspection required under subsection (c), the certificate holder shall provide the Authority with a written list of the repairs made to the taxicab subsequent to the incident which caused it to be removed from service. The list of repairs required under this subsection shall be provided on the letterhead of the repair facility and executed by the repairman.
Cross References This section cited in 52 Pa. Code § 1021.15 (relating to taxicab driver reports after accident).
§ 1017.38. Change of vehicle.
(a) Medallion removal. In addition to the requirements in § § 1013.2 and 1013.3 (relating to attachment of a medallion; and removal of a medallion), a medallion may not be attached to a different vehicle unless the vehicle has completed a compliance inspection.
(b) Temporary registration.
(1) At the time a vehicle is presented to the TLD for a compliance inspection as provided in § 1017.2 (relating to preservice inspection), a medallion taxicab certificate holder may present a temporary State registration (pink slip) in a form permissible by the Department of Transportation such as Form MV-1 or MV-4ST which has been approved by the TLD under § 1017.42(c) (relating to prerequisites to inspection).
(2) The medallion taxicab certificate shall obtain a permanent registration card from the Department of Transportation and provide a copy of the permanent registration card to the Enforcement Department no later than 30 days from the date the vehicle was issued a TLD inspection sticker.
Authority The provisions of this § 1017.38 temporarily amended under 53 Pa.C.S. § 57B02.
Source The provisions of this § 1017.38 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 (372511).
Cross References This section cited in 52 Pa. Code § 1017.42 (relating to prerequisites to inspection).
§ 1017.39. License plate change.
(a) A taxicab may not be operated with a license plate other than that which was assigned and attached to the taxicab at the time of its last compliance inspection.
(b) A license plate other than the one referenced in subsection (a) may be attached to a taxicab only after email notification to the Manager of Enforcement. The notification must include the reason the replacement is to be made and the new license plate number.
§ 1017.40. Transfer inspection.
A taxicab subject to the transfer of a certificate or medallion or from one certificate holder to another must have completed a compliance inspection before it provides taxicab service.
§ 1017.41. Attendance at scheduled inspection.
(a) The certificate holder or its attorney-in-fact shall attend each taxicab inspection conducted by the Authority, except field inspections as provided in § 1017.34 (relating to field inspections).
(b) The attorney-in-fact shall appear with the original power of attorney, which shall be in compliance with § 1001.28 (relating to power of attorney).
§ 1017.42. Prerequisites to inspection.
(a) The Authority will not initiate an inspection of a taxicab, except as provided in § 1017.34 (relating to field inspections), if the taxicab 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 taxicab, except as provided in § 1017.34, 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 1011.3 (relating to annual rights renewal process).
(2) Section 1011.5 (relating to ineligibility due to conviction or arrest).
(3) Section 1011.7 (relating to payment of outstanding fines, fees and penalties).
(c) Prior to a vehicle first entering into taxicab service as provided in § § 1017.2 and 1017.38 (relating to preservice inspection; and change of vehicle), a medallion taxicab certificate holder shall present to the Authority for approval the documents required by the Department of Transportation necessary to title and commercially register the vehicle as a taxicab in the certificate holder’s name.
(1) Documentation required to be submitted to the Authority under this subsection must contain proof of insurance for the vehicle that is maintained by the certificate holder and as evidenced on the certificate of insurance on file with the Authority under Chapter 1025 (relating to insurance required).
(2) Documentation required to be submitted to the Authority under this subsection will be reviewed for compliance under § § 1017.4, 1017.43 and 1017.44 (relating to age and mileage limitations; approved models and conditions; and reconstructed vehicles prohibited).
(d) A taxicab 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 § 1017.42 temporarily amended under 53 Pa.C.S. § 57B02.
Source The provisions of this § 1017.42 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 (372512).
Cross References This section cited in 52 Pa. Code § 1017.38 (relating to change of vehicle).
§ 1017.43. Approved models and conditions.
The Authority will publish a list of approved makes and models of vehicles permitted for use as taxicabs, 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 Enforcement.
Cross References This section cited in 52 Pa. Code § 1017.42 (relating to prerequisites to inspection).
§ 1017.44. Reconstructed vehicles prohibited.
Salvaged or reconstructed vehicles may not provide taxicab service.
Cross References This section cited in 52 Pa. Code § 1017.42 (relating to prerequisites to inspection).
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