CHAPTER 30. MEDALLION PROGRAM
Subch. Sec.
A. GENERAL PROVISIONS … 30.1
B. APPLICATIONS AND LIENS … 30.11
C. VEHICLE REQUIREMENTS … 30.31
D. FIRST CLASS CITY COMPLAINT PROCEDURES … 30.51
E. IMPOUNDMENT OF UNAUTHORIZED VEHICLES … 30.61
F. DRIVER REGULATIONS … 30.71Authority The provisions of this Chapter 30 issued under the Public Utility Code, 66 Pa.C.S. § § 501, 2412, 2413 and 2415, unless otherwise noted.
Source The provisions of this Chapter 30 adopted April 5, 1991, effective April 6, 1991, 21 Pa.B. 1429, unless otherwise noted.
Subchapter A. GENERAL PROVISIONS
Sec.
30.1. Purpose.
30.2. Definitions.§ 30.1. Purpose.
This chapter establishes and prescribes Commission procedures for first class city taxicab medallion and certificate holders, owners, operators and drivers of first class city taxicabs operating under the Medallion Program. The procedures for applications, filing of notices of liens, formal complaints and complaint processes, vehicle inspections and vehicle impoundments are specifically described in this chapter. If other regulations of the Commission are in conflict with this chapter, this chapter shall govern call or demand carriers (taxicabs) in cities of the first class.
§ 30.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context indicates otherwise:
Driver licensing agent—An entity which has authority from the Commission to issue drivers’ certificates to drivers of taxicabs in cities of the first class.
Initial year—The first year of the medallion system for cities of the first class: July 3, 1990 through and including June 30, 1991.
Medallion—A piece of metal in a shape and with a color to be determined by the Commission each year which is to be affixed to a vehicle by Commission personnel before that vehicle may be operated as a taxicab in cities of the first class. A medallion will be issued on a fiscal year basis, that year running from July 1 through June 30 for the Medallion Program.
Medallion number—The number which shall be placed on a particular medallion and which will be required to be displayed on taxicab vehicles, formerly the ‘‘P’’ number issued to taxicabs in Philadelphia.
Reissuance of medallion—The issuance of a medallion to a current medallion holder in years subsequent to the initial year.
Respondent—An entity which is the subject of a formal public or private complaint issued under 66 Pa.C.S. Chapter 24 (relating to taxicabs in first class cities).
Subchapter B. APPLICATIONS AND LIENS
Sec.
30.11. Applications.
30.12. Sale of medallion.
30.13. Notices of lien.
30.14. Notice of activity relating to liens.
30.15. Execution on and seizure of a medallion.
30.16. Stock transfer application.§ 30.11. Applications.
(a) Under 66 Pa.C.S. § 2402 (relating to medallion system created), each current holder of a certificate of public convenience which authorizes citywide call or demand service in cities of the first class was entitled to apply for a medallion on or before October 1, 1990. Application for a medallion shall be made to the Commission on a form prescribed by the Commission, in accordance with the instructions provided by the Commission. For each year after the initial year, applications for reissuance of medallions shall be filed with the Commission by June 30 of the preceding fiscal year. Failure to timely file applications under this section will result in cancellation of the medallion holder’s certificate of public convenience.
(b) A current certificate holder who fails to obtain a medallion from the Commission on or before January 1, 1991 shall cease operations under its certificate of public convenience.
(c) Upon approval by the Legislature of the fee schedule for medallions, the Commission will notify medallion holders of the medallion fee. Notice of the medallion fee will be sent to the address of the medallion holder on file with the Commission. That notice will indicate the date by which the medallion fee shall be paid for the Commission to process issuance or reissuance of a medallion. Medallion fees shall be paid by certified check or money order made payable to the ‘‘Pennsylvania Public Utility Commission.’’ In each year after the initial year, the medallion fee shall accompany the application for reissuance. Applications filed without the required fee will be rejected and the time period for filing will not be extended due to the rejections. Applications of medallion holders which have unpaid fines or penalties against them will not be accepted until the unpaid fines or penalties are satisfied in full.
§ 30.12. Sale of medallion.
(a) Before a medallion may be sold or transferred, the proposed buyer shall file a Notice of Medallion Sale and Application for Certificate of Public Convenience with the Commission in accordance with the form prescribed by the Commission. An original and two copies of a Notice of Medallion Sale and Application for Certificate of Public Convenience shall be filed with the Secretary of the Pennsylvania Public Utility Commission, Post Office Box 3265, Harrisburg, Pennsylvania 17105-3265. The filing shall be verified under § 1.36 (relating to verification) and shall be accompanied by payment of the fee established by the Commission in the form of a certified or cashier’s check or money order payable to the ‘‘Pennsylvania Public Utility Commission.’’
(b) The Notice of Medallion Sale and Application for Certificate of Public Convenience shall contain the information required by the Commission, including the following:
(1) The medallion number.
(2) The name and trade name, if any, of the proposed buyer and a copy of the trade name registration certificate, if applicable.
(3) The mailing and physical address of the proposed buyer.
(4) A statement indicating whether the proposed buyer is an individual, a partnership or a corporation, and a copy of the partnership agreement or approval notice from the Department of State, as applicable.
(5) A statement of corporate charter purpose and a list of current corporate officers, directors and stockholders holding at least 5% of the stock of the corporation, if applicable.
(6) A statement indicating whether the proposed buyer owns another medallion.
(7) The name and docket number of a carrier which is controlled by or affiliated with the proposed buyer, its stockholders or partnership members, and an explanation of the nature of control or affiliation.
(8) A copy of the proposed contract of sale.
(9) A criminal history record information form issued by the State Police regarding the proposed buyer, the partners or the corporate officers and directors and stockholders holding at least 5% of the stock of the corporation, as applicable.
(10) A verified or sworn statement indicating that the proposed buyer, or partners, or corporation, corporate officers and directors and stockholders holding at least 5% of the stock of the corporation, have not been convicted of a felony in the preceding 5 years.
(11) A statement by the seller that outstanding fees, penalties and fines have been paid; that no annual reports are due; and that it will continue providing the service until a certificate is issued to the buyer.
(12) A copy of the short form certificate showing the date of death of the seller and the name of the executor or administrator/administratrix, if applicable.
(c) The proposed contract of sale shall set forth a description of the transaction, including the identification number of the medallion sought to be transferred, the amount to be paid and the payment terms.
(d) If a notice of lien has been filed with the Commission relating to a medallion which is the subject of a proposed sale, the Commission will reject the Notice of Medallion Sale and Application for Certificate of Public Convenience until the lien is removed unless the Commission is notified by the lienholder that the lien will be satisfied from the proceeds of the sale.
(e) Upon the receipt of a Notice of Medallion Sale and Application for Certificate of Public Convenience which complies with this section, the Commission will notify the proposed buyer and seller to report to a designated location for a Commission staff member to witness the closing of the sales transaction.
(f) Upon the closing of a sales transaction, the submission of acceptable evidence of insurance to the Commission, the filing of a tariff establishing just and reasonable rates, the successful completion of a vehicle inspection and the payment of fees, penalties or fines outstanding against a party to the transaction, the Commission will attach a medallion to the buyer’s vehicle and issue a certificate of public convenience to the new medallion owner.
Cross References This section cited in 52 Pa. Code § 30.15 (relating to execution on and seizure of a medallion).
§ 30.13. Notices of lien.
(a) A lender or creditor who accepts a medallion as security shall file an original and two copies of a Notice of Lien with the Secretary of the Commission, Post Office Box 3265, Harrisburg, Pennsylvania 17105-3265, within 30 days of the date of the loan transaction, except that the 30-day period does not apply to a loan transaction completed prior to April 6, 1991. The Notice of Lien shall be signed by the debtor and contain the names of the debtor and the lender or creditor, an address of the lender or creditor from which information concerning the lien may be obtained, a mailing address of the debtor and the medallion number of the medallion which is being used as collateral.
(b) The filing of a Notice of Lien with the Commission does not relieve a lender or creditor of filing its lien, for the purpose of perfection, in accordance with 13 Pa.C.S. Chapter 94 (relating to filing).
(c) If the lender or creditor files a Notice of Lien with the Commission within 30 days of the date of the loan transaction, the date of its compliance with Commission regulations has no effect on a determination as to priority of liens, which is governed by 13 Pa.C.S. Chapter 93 (relating to rights of third parties; perfected and unperfected security interests; rules of priority).
(d) If the lender or creditor fails to file a Notice of Lien with the Commission within 30 days of the date of the loan transaction, the lien is void by operation of law.
§ 30.14. Notice of activity relating to liens.
(a) If a lender or creditor holding a lien on a medallion files a continuation statement under 13 Pa.C.S. § 9403(c) (relating to what constitutes filing; duration of filing; effect of lapsed filing; duties of filing officer), the lender or creditor shall simultaneously notify the Commission, in writing, of the filing of a continuation statement.
(b) If a lender or creditor holding a lien on a medallion files a termination statement under 13 Pa.C.S. § 9404(a) (relating to termination statement), the lender or creditor shall simultaneously notify the Commission, in writing, of the filing of a termination statement.
(c) If a lender or creditor holding a lien on a medallion files a separate statement of assignment under 13 Pa.C.S. § 9405(b) (relating to assignment of security interest; duties of filing officer), the lender or creditor shall simultaneously notify the Commission, in writing, of the filing of a separate statement of assignment.
(d) If a lender or creditor holding a lien on a medallion files a statement of release under 13 Pa.C.S. § 9406 (relating to release of collateral; duties of filing officer), the lender or creditor shall simultaneously notify the Commission, in writing, of the filing of a statement of release.
§ 30.15. Execution on and seizure of a medallion.
(a) If a lender or creditor executes on or seizes a medallion, it shall notify the Commission of all particulars, in writing, within 5 days of taking the action. The medallion will be held by the Commission pending further disposition.
(b) A sale of the medallion, upon seizure or execution, shall occur within 1 year of the seizure or execution, and shall be accomplished in accordance with § 30.12 (relating to sale of medallion).
(c) If the medallion is not sold within 1 year, the medallion becomes nontransferable.
§ 30.16. Stock transfer application.
If a stock transfer application filed under 66 Pa.C.S. § 1102(a)(3) or (4) (relating to enumeration of acts requiring certificate) requests approval for the transfer of stock in a corporation which holds a medallion issued under this chapter, the applicant shall file a criminal history record information form for the proposed stockholders holding at least 5% of the stock of the corporation, and shall include a verified or sworn statement indicating that the proposed stockholders holding at least 5% of the stock of the corporation have not been convicted of a felony in the preceding 5 years. The application shall also be accompanied by the fee established by the Commission in the form of a certified or cashier’s check or money order payable to the ‘‘Pennsylvania Public Utility Commission.’’
Subchapter C. VEHICLE REQUIREMENTS
Sec.
30.31. Vehicle equipment requirements.
30.32. Vehicle operating requirements.
30.33. Inspection of vehicles.
30.34. Fines for violations.§ 30.31. Vehicle equipment requirements.
Vehicles operated in citywide call or demand service in cities of the first class shall comply with the following requirements:
(1) Other than a vehicle which the Commission specifically authorizes in writing to operate in call or demand service as an antique vehicle, a vehicle may not be operated in call or demand service in cities of the first class after June 30 of the year following the calendar year which is 6 years from the vehicle model calendar year, counting the vehicle model calendar year as the first of the 6 years. For example, the last day on which a 1986 model year vehicle may be operated in citywide call or demand service in a city of the first class is June 30, 1992.
(2) A vehicle shall satisfy the applicable Department of Transportation equipment inspection standards stated in 67 Pa. Code Chapter 175 (relating to vehicle equipment and inspection) when the vehicle is being operated.
(3) A vehicle shall have door hinges, door latches and doors in working order, and doors shall operate easily and close securely.
(4) A vehicle shall be equipped with an operable two-way radio connected to a centralized dispatch radio system.
(5) Exterior and interior advertising displayed on a vehicle shall be securely fastened and may not obscure the driver’s view in any direction.
(6) A vehicle shall be equipped with a sealed meter that satisfies the requirements in § 29.314 (relating to vehicle and equipment requirements) and is calibrated in accordance with the approved tariff.
(i) The meter shall be able to pass an accuracy test given by a Commission enforcement officer.
(ii) Upon passing the accuracy test, a Commission numbered seal will be placed on the meter by a Commission enforcement officer. A taxicab may not be operated without this Commission seal. If the seal becomes broken or damaged, the vehicle shall be removed from service immediately by either the medallion holder or the operator.
(7) Tariff fare rates shall be clearly displayed in a vehicle in accordance with § 29.316 (relating to tariff requirements).
(8) A vehicle shall be maintained in a clean and sanitary condition.
(9) A vehicle trunk compartment shall be clean and suitable for carrying passengers’ luggage.
(10) A vehicle shall have snow tires or all-weather tires on the drive wheels between October 1 and April 1 of the following year.
(11) A vehicle shall be marked, painted and designed in accordance with § § 29.71(a) and (c) and 29.103 (relating to marking of vehicles; and simulating color or design). A vehicle shall also have painted or permanently affixed on each side its medallion number in the same dimensions as that prescribed by § 29.71(a). Vehicle markings shall be removed in accordance with § 29.72 (relating to removal of markings).
(12) A vehicle shall, for the safety of the vehicle operator, be equipped with a protective shield/barrier which separates the front seat from the back seat and bears the manufacturer’s name. The protective shield shall, at a minimum, meet the following requirements:
(i) The upper portion of the shield shall extend from the top of the front seat to a point not more than 3 inches from the ceiling of the vehicle and shall be constructed of a clear, see-through, bullet-resistant material.
(ii) The shield shall have either a sliding window controlled by the vehicle operator and capable of being locked by the vehicle operator or a payment exchange cup/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. If the shield has a sliding window, the window shall be locked while the vehicle is occupied by passengers except to allow the vehicle operator to receive payment from passengers.
(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 shall extend the full length of the front seat and shall be constructed of a bullet-resistant material.
(v) Both the upper and lower portions of the shield shall 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. Both the upper and lower portions of the shield may not have an edge or projection likely to cause injury.
(vi) The lower portion of the shield shall be installed in a manner which gives as much leg room as possible to passengers in the back seat.
(vii) The shield shall be installed in a manner which does not prevent voice communication between the vehicle operator and passengers in the vehicle.
(viii) The shield shall be installed in a manner which allows adequate ventilation to the back seat of the vehicle.
(13) A taxicab may not be equipped with a device that has the capability of allowing the meter to register a nonapproved rate. If found, this device will be confiscated by a Commission enforcement officer or by a police officer employed by a city of the first class and disposed of by the Commission’s District Office.
Authority The provisions of this § 30.31 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 2404(a), 2409 and 2412.
Source The provisions of this § 30.31 amended November 29, 1996, effective January 29, 1997, 26 Pa.B. 5816. Immediately preceding text appears at serial pages (205700) to (205701).
Cross References This section cited in 52 Pa. Code § 30.33 (relating to inspection of vehicles).
§ 30.32. Vehicle operating requirements.
A vehicle will not be permitted to operate in citywide call or demand service in cities of the first class unless, prior to the vehicle’s operation in citywide call or demand service, the vehicle complies with the following requirements:
(1) The operation of the vehicle in citywide call or demand service in a city of the first class shall be authorized by a current certificate of public convenience issued by the Commission.
(2) The vehicle shall be described in a written communication sent to the Bureau of Transportation, Pennsylvania Public Utility Commission, Post Office Box 3265, Harrisburg, Pennsylvania 17105-3265. The vehicle description shall include the vehicle identification number, medallion number, vehicle make, vehicle model calendar year and Department of Transportation registration number (license plate/tag number).
(3) The vehicle shall have affixed to its hood a current fiscal year medallion issued by the Commission and marked with the medallion number assigned to the corresponding certificate of public convenience under which the vehicle is to be operated. If a vehicle becomes disabled or is retired from service, the medallion holder may, upon verbal notice to the Commission’s Philadelphia office to be confirmed in writing, remove the medallion from the vehicle. Upon removal, the medallion shall be immediately delivered to the Commission’s Philadelphia office where it will be held until a vehicle is presented for that medallion and successfully passes inspection by the Commission. Immediately before the annual reissuance of a medallion for a vehicle, the prior year’s medallion shall, under the supervision of a Commission enforcement officer, be removed from the vehicle hood during a Commission enforcement officer’s inspection of the vehicle in accordance with § 30.33(a) (relating to inspection of vehicles).
Cross References This section cited in 52 Pa. Code § 30.33 (relating to inspection of vehicles).
§ 30.33. Inspection of vehicles.
(a) Inspection prior to issuance or reissuance of a medallion. Persons awaiting issuance or reissuance of a medallion shall submit their vehicles for inspection by a Commission enforcement officer prior to the issuance or reissuance of a medallion for each of the vehicles being submitted for inspection. A medallion will not be issued or reissued for affixing to a vehicle unless proper evidence of insurance for the vehicle is on file with the Commission; a current tariff filing exists; fees, fines and penalties have been paid; and the vehicle has been described in writing to the Commission in accordance with § 30.32(2) (relating to vehicle operating requirements) and has satisfied a Commission enforcement officer’s inspection by complying with the vehicle equipment requirements in § 30.31 (relating to vehicle equipment requirements). A medallion shall be affixed to a vehicle hood only under the supervision of a Commission enforcement officer.
(b) Inspection prior to transfer of a medallion from one vehicle to another vehicle. Prior to the transfer of a medallion from one vehicle to another vehicle, the vehicle which is to receive the medallion shall be submitted for inspection by a Commission enforcement officer whether or not the vehicle which is to receive the medallion has the same owner as the vehicle from which the medallion is being transferred. A medallion may not be transferred to another vehicle unless proper evidence of insurance is on file with the Commission; a current tariff filing exists; fees, fines and penalties have been paid; and the vehicle which is to receive the medallion has been described in writing to the Commission in accordance with § 30.32(2) and has satisfied a Commission enforcement officer’s inspection by complying with the vehicle equipment requirements in § 30.31. If the vehicle which is to receive the medallion satisfies the requirements in this subsection, the medallion shall, under the supervision of a Commission enforcement officer, be affixed to the hood of the inspected vehicle which is to receive the medallion. Removal of medallions from disabled or retired vehicles shall be accomplished as set forth in § 30.32(3).
(c) Inspection after issuance, reissuance or transfer of a medallion. Vehicles bearing medallions shall be subject to additional inspections to ensure continued compliance with the vehicle equipment safety requirements of § § 30.31 and 30.32, as follows:
(1) Commission enforcement officers and police officers employed by a city of the first class may enter upon the premises of the agent or lessee of a medallion holder where medallion cabs are maintained during ordinary business hours for the purpose of performing inspections upon vehicles used in regulated service. If necessary to ensure compliance with § § 30.31 and 30.32, an officer may direct that a vehicle be taken to an inspection station licensed by the Department of Transportation for further examination.
(2) Commission enforcement officers and police officers employed by a city of the first class may stop medallion cabs in operation to ensure continued compliance with § § 30.31 and 30.32. Officers may visually inspect the passenger, luggage, engine compartment and other parts of the vehicles necessary to ensure compliance with the safety regulations of the Pennsylvania Public Utility Commission and the Department of Transportation. If necessary to ensure compliance with § § 30.31 and 30.32, an officer may direct that the vehicle be taken to an inspection station licensed by the Department of Transportation for further examination.
(3) A vehicle in operation which is found upon inspection not to comply with § § 30.31 and 30.32 will be placed out-of-service by a Commission enforcement officer or by a police officer employed by a city of the first class. When a vehicle is placed out-of-service, the Commission enforcement officer or police officer will state the reasons for doing so.
(4) The operator of a vehicle placed out-of-service shall notify the vehicle’s medallion holder that the vehicle has been placed out-of-service. The medallion holder is responsible for having mechanical defects in the vehicle corrected satisfactorily. The medallion holder is also responsible for taking appropriate action to correct the vehicle operator’s behavior if the vehicle operator has not complied with the Commission’s requirements for citywide call or demand service in cities of the first class.
(5) A vehicle which has been placed out-of-service may not be operated until repairs have been satisfactorily completed except that a vehicle may be continued in operation, without passengers, to the medallion holder’s nearest terminal, place of business or other similar location where repairs may be safely made if this operation of the vehicle is less hazardous to the public than permitting the vehicle to remain on the highway.
(6) A Commission enforcement officer or a police officer employed by a city of the first class may order a vehicle which has been placed out-of-service for safety violations to be reinspected by a Commission enforcement officer to ensure compliance with § § 30.31 and 30.32. If the vehicle is not in compliance with § 30.31 or § 30.32, the medallion will be removed from the vehicle and held by the Commission. A hearing on the matter will be held within 10 days following the date of removal.
(d) Annual State vehicle inspection. A vehicle operated in citywide call or demand service in cities of the first class shall, in addition to the other stated requirements, receive and satisfy the annual State inspection required by 75 Pa.C.S. Chapter 47 (relating to inspection of vehicles).
Authority The provisions of this § 30.33 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 2404(a), 2409 and 2412.
Source The provisions of this § 30.33 amended November 29, 1996, effective January 29, 1997, 26 Pa.B. 5816. Immediately preceding text appears at serial pages (205702) to (205704).
Cross References This section cited in 52 Pa. Code § 30.32 (relating to vehicle operating requirements).
§ 30.34. Fines for violations.
Fines for violations of this subchapter range from $250 to $1,000 per violation.
Authority The provisions of this § 30.34 issued under the Public Utility Code, 66 Pa.C.S. § § 501, 2404(a), 2409 and 2412.
Source The provisions of this § 30.34 adopted November 29, 1996, effective January 29, 1997, 26 Pa.B. 5816.
Subchapter D. FIRST CLASS CITY COMPLAINT PROCEDURES
Sec.
30.51. Scope and purpose.
30.52. Commencement of complaints.
30.53. Answers to complaints.
30.54. Proceedings on complaints.
30.55. Default orders.§ 30.51. Scope and purpose.
This subchapter is intended to establish and prescribe the procedures for adjudication of Commission formal complaints brought under 66 Pa.C.S. Chapter 24 (relating to taxicabs in first class cities) against first class city taxicab medallion and certificate holders; owners, operators and drivers of first class city taxicabs and owners, operators and drivers of unauthorized vehicles. The procedures established in this subchapter do not modify, amend or otherwise affect the adjudication of formal complaints by the Commission outside the scope of this chapter.
§ 30.52. Commencement of complaints.
(a) Formal complaints filed under this chapter alleging violations of 66 Pa.C.S. Chapter 24 (relating to taxicabs in first class cities) or this title shall be submitted consistent with § § 5.21—5.24 (relating to formal complaints).
(b) Formal complaints filed under this subchapter will be considered public complaints if filed by the Commission, Commission enforcement officers, the City of Philadelphia or driver licensing agents.
(c) Formal complaints filed under this subchapter will be considered private complaints if filed by a member of the public other than those parties described in subsection (b).
Cross References This section cited in 52 Pa. Code § 30.53 (relating to answers to complaints); and 52 Pa. Code § 30.55 (relating to default orders).
§ 30.53. Answers to complaints.
Answers to complaints filed under § 30.52 (relating to commencement of complaints) shall be filed within 15 days after the date of service of the complaint. The answer shall raise all factual allegations and legal arguments that the respondent wishes to raise in defense of the complaint. Preliminary motions may not be filed regarding complaints instituted under this subchapter.
§ 30.54. Proceedings on complaints.
(a) A complaint instituted under this subchapter will be assigned to a special agent or an administrative law judge who will serve as the presiding officer in the case.
(b) A presiding officer will conduct hearings on a public complaint within 15 days after the filing of an answer to a public complaint. This 15-day time limitation does not apply to the scheduling of hearings on a private complaint which will be scheduled by the Commission within 90 days after the initiation of the proceeding consistent with 66 Pa.C.S. § 332(g) (relating to procedures in general).
(c) Telephone hearings may be held in the presiding officer’s discretion.
(d) Hearings may be tape recorded unless the presiding officer determines that the hearing should be transcribed by a stenographer. Requests for stenographic transcription and the reasons therefor shall be presented in the complaint or answer. In the event of an appeal of the Commission’s order, a transcription of the tape recorded hearing shall be made by a court reporter approved by the Commission.
(e) The presiding officer may require the filing of briefs prior to the issuance of a decision although briefs will only be required in extraordinary circumstances upon the express direction of the presiding officer. Proposed findings of fact and conclusions of law may, at the presiding officer’s discretion, be submitted to the presiding officer within 5 days after the close of the record.
(f) The presiding officer will render a decision within 30 days after the hearing or within 30 days after receipt of the proposed findings, if any are filed. The decision will be in writing, and will contain a brief description of the subject matter of the proceedings, findings of fact and conclusions of law.
(g) The presiding officer’s decision will not be subject to exception or administrative appeal, although the Commission may exercise a right of review of a presiding officer’s decision within 15 days of issuance. A party may not file an exception or appeal before the Commission, and the Commission will exercise its right of review solely at its own discretion. If the Commission does not review a decision, the decision will become a final order without further Commission action. If the Commission does exercise its right of review, that review shall be exercised subject to 66 Pa.C.S. § 332(h) (relating to procedures in general).
Authority The provisions of this § 30.54 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 2404(a), 2409 and 2412.
Source The provisions of this § 30.54 amended November 29, 1996, effective January 29, 1997, 26 Pa.B. 5816. Immediately preceding text appears at serial pages (205705) to (205706).
§ 30.55. Default orders.
(a) If an answer to a public complaint, instituted under § 30.52(b) (relating to commencement of complaints) is not filed within 15 days after the service of the complaint, the Commission will issue a default order sustaining the complaint and assessing the fine, as proposed in the complaint, against the respondent.
(b) Default orders will not be issued by the Commission in private complaint proceedings. When no answer to a private complaint has been filed, the Commission will schedule a hearing to determine the penalty to be imposed on the respondent.
Authority The provisions of this § 30.55 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 2404(a), 2409 and 2412.
Source The provisions of this § 30.55 amended November 29, 1996, effective January 29, 1997, 26 Pa.B. 5816. Immediately preceding text appears at serial page (205706).
Subchapter E. IMPOUNDMENT OF UNAUTHORIZED
VEHICLES
Sec.
30.61. Police department.
30.62. Notice to owner and operator.
30.63. Disposal of unclaimed vehicles.
30.64. Public sale of unclaimed vehicles and equipment with value.
30.65. Junking of valueless vehicles.§ 30.61. Police department.
Under 66 Pa.C.S. § 2404(g) (relating to certificate and medallion required), police officers in cities of the first class are empowered to confiscate and impound vehicles and equipment utilized to provide unauthorized taxicab service. In exercising this authority, police officers may utilize police department towing equipment facilities or may utilize the equipment, facilities or services of independent tow operators to confiscate, store, impound, sell or junk unauthorized vehicles and equipment, consistent with this subchapter.
§ 30.62. Notice to owner and operator.
(a) If the owner or operator of the vehicle is present at the time a vehicle or equipment is confiscated, the owner or operator shall be issued a property receipt which notifies the owner or operator where the vehicle or equipment will be stored and informs the owner or operator of his right to reclaim the vehicle or equipment within 90 days of the date of confiscation upon payment of the costs associated with impoundment and storage and outstanding fines assessed by the city or the Commission against the owner or operator.
(b) If the owner or operator of the vehicle is not present at the time of impoundment, within 10 days of confiscation of the vehicle or equipment, the police department will issue a notice to the owner of the vehicle or equipment, as reflected in Department of Transportation vehicle registration records, informing the owner of the location where the vehicle or equipment is being stored and informing the owner of the right to reclaim the vehicle or equipment within 90 days of the date of confiscation upon payment of costs and fines.
(c) If the identity of the last registered owner cannot be determined with reasonable certainty from Department of Transportation records, the police department shall have contents of the notice required in subsection (b) published one time in one newspaper of general circulation in the first class city. The notice may contain multiple listings of confiscated vehicles.
§ 30.63. Disposal of unclaimed vehicles.
If a vehicle or equipment has not been claimed within 90 days of confiscation, the vehicle may be disposed of in accordance with § § 30.64 and 30.65 (relating to public sale of unclaimed vehicles and equipment with value; and junking of valueless vehicles).
§ 30.64. Public sale of unclaimed vehicles and equipment with value.
(a) If a confiscated vehicle or equipment having value has not been reclaimed as provided in this subchapter, the vehicle shall be sold at a public auction.
(b) The police department or tow operator shall give the purchaser a sales receipt, and as to the vehicle, shall apply to the Department of Transportation for a title which shall be free and clear of previous liens and claims of ownership.
(c) From the proceeds of the sale of the confiscated vehicle or equipment the police department or tow operator shall be reimbursed for the costs of towing, storage, notice and publication costs and expenses of auction. The remainder of the proceeds of a sale, if any, shall be held for the owner of the vehicle for 30 days from the date of sale and if not properly claimed, shall then be paid to the Commission and deposited into the First Class City Taxicab Regulatory Fund.
Cross References This section cited in 52 Pa. Code § 30.63 (relating to disposal of unclaimed vehicles).
§ 30.65. Junking of valueless vehicles.
Upon a determination by the police department or tow operator that the unclaimed vehicle or equipment is valueless and in the case of vehicles, upon issuance of a certificate of junk by the Department of Transportation, the Department or tow operator may proceed to junk the unclaimed vehicle or equipment.
Cross References This section cited in 52 Pa. Code § 30.63 (relating to disposal of unclaimed vehicles).
Subchapter F. DRIVER REGULATIONS
Sec.
30.71. Purpose and scope.
30.72. Standards for obtaining a taxi driver’s certificate.
30.73. Expiration and renewal of certificate.
30.74. Display of current certificate.
30.75. Driver standards.
30.76. Violations.
30.77. Fines for violations.
Source The provisions of this Subchapter F adopted July 24, 1992, effective September 23, 1992, 22 Pa.B. 3878, unless otherwise noted.
§ 30.71. Purpose and scope.
(a) Purpose. This subchapter establishes minimum qualifications for persons who drive taxicabs in cities of the first class.
(b) Owner-drivers. A medallion holder who employs himself as a driver shall comply with this subchapter.
(c) Lease-drivers. A driver of a taxicab who leases that taxicab for any period of time from a medallion holder shall comply with this subchapter.
(d) Employe or wage drivers. A driver of a taxicab who is the employe or wage driver of a medallion holder shall comply with this subchapter.
(e) Driver’s license required. A person may not operate a taxicab without holding a current, valid driver’s license.
(f) Taxi driver’s certificate required. A person may not operate a taxicab in a city of the first class without holding a picture taxi driver’s certificate issued by the Commission.
(g) Additional qualifications. Neither this subchapter nor other provisions of this chapter prevent the owner of a medallion from imposing more stringent qualifications, requirements, examinations or certifications upon drivers than are imposed in this subchapter.
§ 30.72. Standards for obtaining a taxi driver’s certificate.
(a) Application to Commission. To obtain a taxi driver’s certificate, an individual shall apply to the Commission at the designated office in Philadelphia.
(b) Required documentation and form of application. Upon applying for a taxi driver’s certificate, an individual shall present the following to a representative of the Commission:
(1) A current and valid driver’s license.
(2) One additional form of identification.
(3) A completed Taxi Driver’s Certificate Application, (Appendix A), signed by the applicant and acknowledged, consistent with section 2 of the Uniform Acknowledgments Act (21 P. S. § 291.2).
(4) A criminal history record information obtained from the State Police for the proposed driver dated within 60 days prior to the filing of the application.
(5) A driver history from the Department of Transportation or the equivalent from the jurisdiction in which the applicant is currently licensed dated within 60 days prior to the filing of the application.
(6) A training certificate issued by the Commission indicating that the applicant has satisfactorily completed driver training as prescribed by this subchapter.
(7) A certified check or United States Postal money order in the amount established for issuance of a taxi driver’s certificate under 66 Pa.C. S. § 2414 (relating to budget and fees).
(c) Current driver’s license required.
(1) A taxi driver’s certificate will not be issued to an individual who does not hold a current, valid driver’s license.
(2) The Commission may refuse to issue a taxi driver’s certificate to an individual previously convicted or who has pleaded guilty or nolo contendere to a violation of 75 Pa.C. S. (relating to the Vehicle Code), other than a summary offense, or similar vehicle codes in other jurisdictions which reflects recklessness or indifference to the public health, safety or welfare.
(d) Driver examination. To obtain a taxi driver’s certificate, an individual shall take and pass an examination to be administered by the Commission. Failure to successfully pass the examination within 90 days of the filing of the application shall render the application void. In that event, a new application with the required fee and records shall be filed before the individual may again take an examination. An applicant is permitted to take an unlimited number of scheduled examinations during the 90-day period. The examination shall include questions regarding the Commission’s driver and vehicle regulations contained in this chapter, the tariff governing rates and charges and the geography of the city and county of Philadelphia. Some examination instructions shall be presented verbally, in English. The assistance of interpreters will not be permitted.
(e) Driver training.
(1) Training program content. The driver training program will provide instruction to taxicab drivers in cities of the first class in the following areas:
(i) Commission regulations applicable to drivers in cities of the first class. This includes training in the following:
(A) Commission regulations governing taxi drivers.
(B) Commission regulations governing medallion holders.
(C) Commission regulations governing equipment.
(D) Penalties for violation of Commission regulations.
(E) An overview of the administrative process when a violation occurs.
(F) The identification and address of the Commission office responsible for administering 66 Pa.C.S. Chapter 24 (relating to taxi cabs in first class cities) (Medallion Act).
(ii) Customer service. This includes training in the following:
(A) Personal appearance of drivers.
(B) Driver courtesy.
(C) Assistance to elderly, infirm or disabled persons.
(iii) Customer and driver safety. This includes training in the following:
(A) Defensive driving techniques.
(B) Emergency aid.
(C) Vehicle and equipment inspections.
(D) Crime prevention.
(iv) Regional and geographical knowledge. This includes training in the following:
(A) Map reading.
(B) Overview of major street and traffic patterns.
(C) Identification and location of popular landmarks and locations.
(2) Driver training requirements.
(i) Driver training in the areas described in paragraph (1) is mandatory to obtain a taxi driver’s certificate.
(ii) Driver training consists of a minimum of 18 hours of instruction, subject to subparagraph (iv).
(iii) Driver training shall be received from the Commission or a program provider instructor designated by the Commission as provided at paragraph (3).
(iv) A taxi driver who has a driver’s certificate issued prior to implementation of the driver training requirement is required to complete training only in the areas of customer service and customer and driver safety. This is a minimum of 6 hours of training. Currently certificated drivers shall have until June 30, 1997, to complete training.
(v) A taxi driver who has completed driver training as required and whose taxi driver’s certificate has not expired or has not been suspended or cancelled is not required to repeat driver training at the time of biannual renewal of the certificate.
(3) Program provider requirements. The Commission will provide either all or part of the driver training or will designate program providers to provide the driver training. If the Commission designates a program provider to provide all or part of the training, that provider will be selected by the competitive bid process. The program provider shall notify the Commission, in writing, of those individuals who have satisfactorily completed training within 10 days of completion of the training. The Commission will issue a certificate to the individual stating that the individual has satisfied the driver training requirements.
(f) Disqualification by reason of felony conviction. A taxi driver’s certificate will not be issued to an individual convicted of a felony under the laws of the Commonwealth or under the laws of another jurisdiction and who is under the supervision of a court or correctional institution as a result of that conviction so long as a court or correctional institution maintains some form of supervision. The supervision may include incarceration, probation, parole and furlough.
(g) Disqualification for conviction of crime of moral turpitude. A taxi driver’s certificate will not be issued to an individual convicted of a crime of moral turpitude, whether a felony or misdemeanor, under the laws of the Commonwealth or another jurisdiction and who is under the supervision of a court or correctional institution as a result of that conviction so long as the court or correctional institution maintains some form of supervision. The supervision may include incarceration, probation, parole and furlough.
(h) Disqualification for failure to comply with application requirements. A taxi driver’s certificate will not be issued to an individual who fails to comply with this section.
(i) Disqualification for inability to speak English. A taxi driver’s certificate will not be issued to an individual who does not speak the English language sufficiently to communicate with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries and to make verifiable entries on reports and records.
(j) Disqualification for failure to be truthful on application. A taxi driver’s certificate will not be issued to an individual who knowingly makes any false statement on a driver’s certificate application.
(k) Suspension of taxi driver’s certificate. A taxi driver’s certificate will be immediately suspended and confiscated when the certificateholder’s driver’s license has been suspended or revoked, the certificateholder’s taxi driver’s certificate has expired, or the certificateholder made a false statement on the application which impacts upon the public health or safety. A hearing on the suspension will be held within 30 days of the date of suspension.
Authority The provisions of this § 30.72 amended under the Public Utility Code, 6 Pa.C.S. § § 501, 2404(a), 2409 and 2412.
Source The provisions of this § 30.72 amended December 29, 1995, effective February 28, 1996, 25 Pa.B. 6082; amended November 29, 1996, effective January 29, 1997, 26 Pa.B. 5816. Immediately preceding text appears at serial pages (205709) to (205711).
Cross References This section cited in 52 Pa. Code § 30.73 (relating to expiration and renewal of certificate).
§ 30.73. Expiration and renewal of certificate.
(a) A taxi driver’s certificate shall expire in the month of the licensee’s birth date at intervals of no more than 2 years from previous issuance. A taxi driver’s certificate is renewable on or within 60 days prior to its expiration date upon submission of an application, a fee and satisfactory records as required by § 30.72(a)—(c) (relating to standards for obtaining a taxi driver’s certificate).
(b) A certified taxi driver whose certificate has not expired or has not been suspended or cancelled will not be required to retake the certification examination required by this subchapter at the time of biannual renewal.
(c) A certified taxi driver shall comply with § 30.72(a)—(c) and will be liable to the disqualifications in § 30.72(f)—(i).
Authority The provisions of this § 30.73 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 2404(a), 2409 and 2412.
Source The provisions of this § 30.73 amended December 29, 1995, effective February 28, 1996, 25 Pa.B. 6082; amended November 29, 1996, effective January 29, 1997, 26 Pa.B. 5816. Immediately preceding text appears at serial page (205712).
§ 30.74. Display of current certificate.
(a) A certified taxi driver shall carry and display an original taxi driver’s certificate on the protective shield (dividing the front from the rear of the cab) of the taxicab on the driver’s side with the front of the certificate (picture) facing the rear seat at all times during operation.
(b) A certified taxi driver may not operate with a mutilated, damaged or unreadable certificate.
(c) No more than one taxi driver’s certificate may be displayed at one time.
Authority The provisions of this § 30.74 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 2404(a), 2409 and 2412.
Source The provisions of this § 30.74 amended November 29, 1996, effective January 29, 1997, 26 Pa.B. 5816. Immediately preceding text appears at serial page (205712).
§ 30.75. Driver standards.
(a) Driver compliance with Commission regulations.
(1) In addition to possession and display of a current, valid taxi driver’s certificate as required by this chapter, a taxi driver shall comply with this title and 66 Pa.C.S. (relating to the Public Utility Code). Failure to do so constitutes grounds for the suspension or cancellation of a taxi driver’s certificate or the assessment of a civil penalty against the driver, or both.
(2) The driver standards at subsections (b)—(d) and (f) shall be posted in taxicabs operated under this chapter.
(b) Personal appearance of drivers. A driver while operating a taxicab, shall present a neat and clean appearance.
(1) A driver shall dress in clean clothing which will be composed of a shirt with collar, ankle-length trousers, slacks/dress, skirts (if gender appropriate), socks or stockings, and shoes or clean sneakers. Shorts, bathing trunks or bathing suits, undershirts, ‘‘muscle shirts’’ or tank-tops are prohibited unless concealed as undergarments beneath the attire described in this paragraph.
(2) A driver may not wear sandals or go barefoot while operating a taxicab.
(c) Driver courtesy. A driver shall conduct himself with courtesy towards the passengers, and may not use obscenity or vulgarity directed towards or within the hearing of the passengers.
(d) Assistance to elderly, infirm or disabled passengers. Drivers shall assist elderly, infirm or disabled passengers in entering and exiting their taxicabs.
(e) Prohibited fares and charges.
(1) A driver may not charge fares other than those established by this Commission as required by 66 Pa.C.S. § 2410(b) (relating to wages).
(2) A driver may not insist upon the payment of a gratuity by a passenger.
(f) Discrimination prohibited. A driver may not refuse service to a member of the public on the basis of sex, race, religious preference, nationality, age, point of origin, point of destination or to a person with a disability. A driver shall, when on duty and not engaged, furnish trip service on demand to an orderly person for lawful purposes.
(1) A taxi driver shall stop his vehicle, if not engaged, when hailed by a person with a disability. The driver shall determine if the services requested by the person can be reasonably accommodated by the vehicle.
(i) If the service request can be reasonably accommodated, the driver shall provide the service.
(ii) If the service request cannot be reasonably accommodated, the driver shall call a dispatcher immediately to arrange for service by the closest vehicle available that can accommodate the person’s request. The driver shall advise the person of the status before departing.
(g) Report of license suspension or revocation required. A driver shall immediately report a suspension or revocation of his driver’s license to the Commission’s driver licensing agent.
(h) Drivers responsible for administrative paperwork. A driver is responsible for the timely and accurate completion of the passenger log to be maintained in each taxicab as well as for the forms and documents required to be maintained in the taxicab.
(1) A driver as well as the medallion holder, is responsible for the posting of maps of service areas, a schedule for fares with letters and numbers at least 1/2 inch in size, and the driver standards as described in subsections (b)—(d) and (f) in plain sight of the passengers at all times in the taxicab that the driver operates.
(2) A driver is responsible for maintaining a copy of the lease agreement, employment contract or employe identification card at all times in the taxicabs the driver operates.
(i) Drivers responsible for sanitary accommodations. A driver shall maintain the taxicab he operates in a neat and sanitary condition, including the passenger compartment, trunk and the exterior of the vehicle.
(j) Operation of unsafe vehicle prohibited. A driver may not operate a vehicle known by the driver to be in an unsafe mechanical condition.
(k) Most direct route to destination required. Unless provided with specific directions by the fare-payer to his point of destination, a driver shall select and use the most direct route consistent with prevailing road and traffic conditions from the point of pick-up to the passenger’s point of destination. A driver may not use indirect, convoluted or unnecessarily lengthy routes for the purpose of increasing the fare.
(l) Accidents. A driver involved in an accident which results in injury or death of a person or property damage shall do the following:
(1) Stop immediately.
(2) Take necessary precautions to prevent further accidents at the scene.
(3) Render reasonable assistance to injured persons. Movement of injured persons by a driver should not be undertaken if likely to cause further injury.
(4) Give to a person demanding the same, his name and address, the name and address of the motor carrier for whom he is then driving, the State tag registration number of the vehicle involved, the name of the insurance carrier which insures the operations of the medallion holder and the driver’s operator’s license number.
(5) Report the details of the accident as soon as practicable to the following:
(i) The police if required by 75 Pa.C.S. (relating to the Vehicle Code).
(ii) The medallion holder or the manager of the motor carrier then using his services.
(iii) The insurance carrier of the medallion holder then using his services.
(m) Report of change of address required. A certificated taxi driver or taxi driver’s certificate applicant shall notify the Commission’s District Office within 15 days after a change of the address recorded on the certificate application. The notice shall be in writing and shall contain the old and current address and the number of any taxi driver’s certificate then held by the person.
(n) Report of change of legal name required. A certificated taxi driver or taxi driver’s certificate applicant shall notify the Commission’s District Office within 15 days after a change of the legal name recorded on the certificate application. This notice shall be in writing and shall contain the old and current legal name and the number of any taxi driver’s certificate then held by the person.
Authority The provisions of this § 30.75 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504—506, 1301, 1501, 2404(a), 2409 and 2412.
Source The provisions of this § 30.75 corrected August 7, 1992, effective September 23, 1992, 22 Pa.B. 4099; amended November 29, 1996, effective January 29, 1997, 26 Pa.B. 5816; amended July 25, 1997, effective August 25, 1997, 27 Pa.B. 3676. Immediately preceding text appears at serial pages (223724) to (223726).
§ 30.76. Violations.
(a) General. This subchapter is equally applicable to owner-drivers, wage-drivers and lease-drivers. A medallion holder is responsible for compliance with this subchapter by the drivers employed by the medallion holder or to whom the medallion holder leases taxicabs.
(b) Character of offenses. A violation of this subchapter is, for the first offense, a nontraffic summary offense, and a misdemeanor of the third degree for each offense thereafter.
(c) Duration of suspension or cancellation. A violation of this subchapter may result in the suspension or cancellation of a taxi driver’s certificate or the assessment of a civil penalty, or both. Suspension of a taxi driver’s certificate shall be of a duration that the Commission or the presiding officer will determine upon the facts and circumstances of each case. Cancellation of a taxi driver’s certificate is final.
(d) Mandatory cancellation. A driver will have his taxi driver’s certificate cancelled in the following circumstances:
(1) An individual who operates a taxicab in a city of the first class while his taxi driver’s certificate is then under suspension by the Commission shall have his certificate cancelled.
(2) A certified taxi driver who has been twice suspended under this chapter shall have his taxicab driver’s certificate cancelled upon a third violation occurring within 3 years of the date of entry of the first suspension.
(3) A certified taxi driver who operates a taxicab in a city of the first class while under the influence of alcohol, an amphetamine or a formulation of an amphetamine, a narcotic drug or a derivative of a narcotic drug shall have his taxicab driver’s certificate cancelled.
(4) A certified taxi driver who operates a taxicab and who knowingly transports, possesses or unlawfully uses a drug or narcotic proscribed by The Controlled Substance, Device and Cosmetic Act (35 P. S. § § 780-101—780-144) shall have his taxicab driver’s certificate cancelled.
(5) A certified taxi driver who leaves the scene of a motor vehicle accident involving that taxicab prior to rendering reasonable assistance to injured persons and who fails to report that accident to the police shall have his taxicab driver’s certificate cancelled.
(6) A certified taxi driver who is convicted of a felony involving the use of a motor vehicle shall have his taxi driver’s certificate cancelled.
(7) A certified taxi driver who is convicted of driving while his motor vehicle license is suspended or revoked shall have his taxicab driver’s certificate cancelled.
(e) Offenses by medallion holder. Operation of a taxicab by an individual not holding a current and valid taxi driver’s certificate may result in cancellation of the medallion holder’s taxi driver’s certificate or cancellation of the medallion holder’s certificate of public convenience.
(f) Aiding or abetting violations. A person may not aid, abet, encourage or require a driver to violate this title or 66 Pa.C.S. (relating to the Public Utility Code).
Authority The provisions of this § 30.76 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 2404(a), 2409 and 2412.
Source The provisions of this § 30.76 amended November 29, 1996, effective January 29, 1997, 26 Pa.B. 5816. Immediately preceding text appears at serial pages (205714) to (205715).
§ 30.77. Fines for violations.
Fines for violations of this subchapter range from $50 to $1,000 per violation.
Authority The provisions of this § 30.77 issued under the Public Utility Code, 66 Pa.C.S. § § 501, 2404(a), 2409 and 2412.
Source The provisions of this § 30.77 adopted November 29, 1996, effective January 29, 1997, 26 Pa.B. 5816.
FORM A
APPLICATION FOR TAXI DRIVER’S CERTIFICATE
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