§ 1051.3. Annual rights renewal process.
(a) Expiration of driver’s certificate. A limousine driver’s certificate will expire 1 year from its date of issuance or renewal unless a limousine driver opts to pay no more than double the annual fee as provided in § 1051.4 (relating to annual assessments and renewal fees) to be issued a limousine driver certificate to expire 2 years from its date of issuance or renewal.
(b) Expired rights.
(1) Expired rights may be placed out of service by the Authority as provided in § 1003.32 (relating to out of service designation).
(2) Limousine driver certificates that have been expired for 2 years or more will be deemed cancelled.
(c) Renewal forms.
(1) Limousine driver certificates shall be renewed by completing and filing Form DR-3 ‘‘Driver Renewal’’ with the Manager of Administration. Renewal forms may be obtained on the Authority’s web site at www.philapark.org/tld or from TLD Headquarters.
(2) Form DR-3 may require the submission of additional information or documents to confirm continuing eligibility and under the act, this part and orders of the Authority and shall be verified as provided in § 1001.36 (relating to verification and affidavit).
(3) Form DR-3 shall be filed between 60 and 90 days before the expiration date printed on the limousine driver’s certificate.
(d) Renewal denial. The Authority will deny renewal of a limousine driver certificate in the following circumstances:
(1) If the owner of the rights subject to renewal fails to complete the renewal process.
(2) The renewal process reveals information about the renewing person that would result in a denial of an initial application for the rights.
(3) The renewing person fails to comply with § 1051.4.
(e) Incomplete renewals. If the filing requirements of the renewal form are incomplete for any reason, including compliance with § 1051.6 (relating to payment of outstanding fines, fees and penalties), the regulated party shall have 90 days from the filing date of the renewal form to complete the renewal process or the application will be rendered void.
(f) Suspended driver rights. Rights subject to suspension for any reason shall be renewed on the dates and in the manner provided by this section regardless of the suspended status.
(g) New certificates. A certificate will not be subject to the information filing requirements of subsection (h) during the calendar year in which it is first issued.
(h) Limousine information filing.
(1) The owner of limousine rights shall complete on an annual basis Form LM-1 ‘‘Limousine Renewal’’ to ensure continued compliance with the act, this part and the orders of the Authority.
(2) Form LM-1 shall be verified as provided in § 1001.36 and filed with the Manager of Administration on or before March 31 of each year.
(3) Form LM-1 may require the submission of additional information or documents. Form LM-1 may be obtained on the Authority’s web site at www.philapark.org/tld or from TLD Headquarters.
(4) The filing requirements of this subsection apply to rights subject to suspension for any reason.
(5) The failure to file Form LM-1 will subject the applicable rights to an out of service designation as provided in § 1003.32(c).
(6) The TLD will not issue a limousine rights sticker to a vehicle operated through a limousine certificate if the review of the information required under this section reveals information about the certificate holder that would have resulted in a denial of an initial application for the rights. This paragraph does not relieve a certificate holder of any other penalty that may result from noncompliance, nor the obligation to appear at inspections as directed by the TLD.
(7) The LM-1 will be reviewed for all of the following:
(i) The filing does not reveal information about the certificate holder that would resulted in a denial of an initial application for the rights.
(ii) The certificate holder is in compliance with § 1051.4.
(iii) The certificate holder is in compliance with § 1051.6.
(8) Failure to complete the LM-1 filing requirements of this subsection within 30 days of notice will subject the applicable rights to an out of service designation as provided in § 1003.32(c).
Authority The provisions of this § 1051.3 temporarily amended under 53 Pa.C.S. § 57B02.
Source The provisions of this § 1051.3 amended October 17, 2014, effective October 18, 2014, 44 Pa.B. 6665; 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 (374013) to (374014).
Cross References This section cited in 52 Pa. Code § 1051.4 (relating to annual rights renewal fees); 52 Pa. Code § 1055.1 (relating to definitions); 52 Pa. Code § 1055.19 (relating to prerequisites to inspection); and 52 Pa. Code § 1057.3 (relating to continuing certificates).
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