reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1027 - SALE OF RIGHTS › Section 1027.12 - Approval process and closing on sale

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the Director determines that a
				  proposed buyer of rights is qualified as provided in the act, this part or an
				  order of the Authority, a recommendation to approve the sale will be presented
				  to the Authority for approval at its next regularly scheduled meeting. The
				  Authority may require that proposals from the Director as provided in this
				  section first be presented to a committee of the Board at a public
				  meeting.
(b) Upon approval of the
				  sale by the Authority, the Director will schedule the parties to meet at a time
				  and location where an Authority staff member will witness the closing of the
				  transaction.
(c) An Authority staff
				  member will witness the execution of each document by the owner and proposed
				  buyer, or their designated agents. Any closing not witnessed by Authority staff
				  is void as provided in sections 5711(c)(5) and 5718 of the act (relating to
				  power of authority to issue certificates of public convenience; and
				  restrictions).
(d) If the subject
				  of the sale is a medallion that is the only medallion issued to the owner's
				  medallion taxicab certificate, that certificate will be cancelled upon
				  completion of the closing on the sale of the medallion. For example, if the
				  owner of only one medallion seeks to sell the medallion through the process
				  provided in this chapter, the owner's medallion taxicab certificate will be
				  cancelled upon closing on the sale of the medallion.
(e) The Authority will issue a new medallion
				  taxicab certificate to the new medallion owner as part of the closing process
				  if requested by the proposed buyer as provided in §
										1027.4(b)
				  (relating to certificate required for medallion sales).
(f) A medallion subject to a completed
				  closing may not be transferred or sold for 1 year from the date of
				  closing.
(g) Subsection (f) does
				  not apply to the sale of a medallion in the following circumstances:
(1) When each person that owns securities of
				  the corporation, partnership, limited liability company or other form of legal
				  entity that owns a medallion sold under this subchapter has died or is declared
				  incapacitated.
(2) When a person
				  that owns securities of the corporation, partnership, limited liability company
				  or other form of legal entity that owns a medallion sold under this subchapter
				  has died or is declared incapacitated and that person's securities are
				  transferred to the medallion owning entity or another owner of securities in
				  the entity that owns the medallion.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1027 - SALE OF RIGHTS › Section 1027.13 - Settlement sheet

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The owner
				  and proposed buyer shall use Form SA-2 "Standard Settlement Sheet" at any
				  closing on the sale of rights. The SA-2 is available on the Authority's web
				  site at
www.philapark.org/tld
.
(b) The SA-2 must include the information
				  required by the Authority, including the following:
(1) The names and addresses of the owner and
				  proposed buyer.
(2) The names and
				  address of the brokers or attorneys used in the transaction.
(3) The name and address of the lender and a
				  designated contact person employed by the lender, if any.
(4) A copy of all certificates or other
				  documents authorizing the lender to make commercial loans in this
				  Commonwealth.
(5) The amount, term
				  and interest rate of any loan used to purchase the rights.
(6) The medallion numbers.
(7) The certificate numbers.
(8) The total consideration for the rights to
				  be sold and any payment terms, including loan contingencies and nonmonetary
				  consideration.
(9) An allocation of
				  funds expended in the transaction.
(10) The fees and costs associated with the
				  sale, including those payable to any broker or attorney, or both.
(11) Signatures of the owner and proposed
				  buyer, or their designated agents, and the brokers.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1027 - SALE OF RIGHTS › Section 1027.14 - Attachment of medallion

Current through Register Vol. 54, No. 28, July 13, 2024
Upon the completion of the closing on the sale of a
					 medallion, the Enforcement Department will schedule a date and time to attach
					 the medallion to the taxicab designated by the owner in a manner consistent
					 with §
										1013.2 (relating to attachment of
					 a medallion).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1027 - SALE OF RIGHTS › Section 1027.15 - Commencement of service

Current through Register Vol. 54, No. 28, July 13, 2024
A regulated party shall, within 30 days from the date of
					 settlement under §
										1027.12(b)
					 (relating to approval process and closing on sale), begin operating and
					 furnishing service. If it has not commenced operating and furnishing the
					 authorized service within 30 days, appropriate proceedings shall be initiated
					 to terminate the certificate unless, upon advanced written permission as
					 provided in §
										1011.14 (relating to voluntary
					 suspension of certificate), the time for commencement of service is
					 extended.
The provisions of this §
												1027.15 temporarily amended under
						53 Pa.C.S. §
													57B
						02.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1029 - BROKERS › Section 1029.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter
				  establishes and prescribes Authority regulations and procedures for the
				  registration of individuals as brokers for the sale and transfer of medallions
				  and certificates. Unless the context indicates otherwise, the provisions of
				  this chapter apply to the sale of certificates of public convenience or
				  medallions as provided by this subpart and Subpart C (relating to
				  limousines).
(b) An individual
				  authorized to act as a broker by the Authority on December 3, 2011, shall
				  immediately comply with this chapter before the first registration renewal
				  required under §
										1011.3 (relating to annual rights
				  renewal process).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1029 - BROKERS › Section 1029.2 - Use of broker

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A broker
				  shall be used by the parties to the sale of rights, except as provided in
				  §
										1029.3 (relating to use of
				  attorney). A single broker may represent both parties in a transaction. The
				  Authority will maintain a list of brokers, which may be obtained at
www.philapark.org/tld
.
(b) A person may not act as a broker without
				  having been registered by the Authority under this chapter.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1029 - BROKERS › Section 1029.3 - Use of attorney

Current through Register Vol. 54, No. 28, July 13, 2024
A party may use an attorney admitted to practice law before
					 the Supreme Court of Pennsylvania in lieu of a broker.
This section cited in 52 Pa. Code §
												1027.7 (relating to required
						application information); and 52 Pa. Code §
												1029.2 (relating to use of
						broker).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1029 - BROKERS › Section 1029.4 - Ineligible persons for broker certification

Current through Register Vol. 54, No. 28, July 13, 2024
An applicant is ineligible to be a broker if in violation
					 of the act, this part or an order of the Authority, including the
					 following:
(1) Upon conviction or
				  arrest as provided in §
										1011.5 (relating to ineligibility
				  due to conviction or arrest).
(2)
				  The applicant does not speak, read and write the English language sufficiently
				  to draft and review transactional documents as required by the act, this part
				  or an order of the Authority.
(3)
				  The applicant provides false information in any document submitted to the
				  Authority.
(4) The applicant is in
				  violation of §
										1011.7 (relating to payment of
				  outstanding fines, fees and penalties).
(5) The applicant is 20 years of age or
				  younger.
(6) The applicant has
				  failed to satisfactorily complete broker testing as provided in this
				  chapter.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1029 - BROKERS › Section 1029.5 - Broker registration

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
To obtain a broker registration, an individual shall
				  complete and file Form BR-1 "Broker Application," along with the application
				  fee as provided in §
										§
										1001.42 and
				  1001.43 (relating to mode of
				  payment to the Authority; and Authority fee schedule). The BR-1 may be obtained
				  on the Authority's web site at
www.philapark.org/tld
.
(b)
BR-1 application.
The
				  completed BR-1 shall be verified as provided in §
										1001.36 (relating to verification
				  and affidavit) and be filed with the Director in person and include the
				  information required by the Authority, including all of the following:
(1) The name of the applicant and contact
				  information, including a mailing address, a telephone number, an email address
				  and a facsimile number.
(2) A list
				  of all Authority rights, common carrier rights issued by the PUC and other
				  transportation rights issued by any jurisdiction outside of this Commonwealth
				  in which the applicant has any controlling interest.
(3) The name, address, telephone number,
				  facsimile number and email address of any attorney or broker, or both,
				  assisting the applicant through the Authority's broker registration
				  process.
(4) A criminal history
				  report, issued within 30 days of the filing of the application, from any
				  jurisdiction in which the following individuals have lived during the last 5
				  years:
(i) The applicant.
(ii) Each key employee of the
				  applicant.
(5) A written
				  statement verified as provided in § 1001.36, which provides that:
(i) The applicant and each key employee have
				  not been subject to a conviction as provided in §
												1001.10 (relating to
				  definitions).
(ii) The applicant
				  and each key employee are in compliance with §
												1011.7 (relating to payment of
				  outstanding fines, fees and penalties).
(iii) The applicant and each key employee are
				  current on all reports due in relation to other rights issued by the
				  Authority.
(iv) The applicant can
				  comply with the requirements in this chapter.
(6) A completed original of Form BR-5
				  "Business Experience Questionnaire." A copy of the BR-5 may be obtained on the
				  Authority's web site at
www.philapark.org/tld
.
(7) The applicant's Social Security
				  number.
(8) A copy of the
				  applicant's Social Security card or documents confirming a legal permanent
				  resident status or an alien authorized to work status, if applicable.
(9) The applicant's driver's license or other
				  government issued photographic identification.
(10) A resume detailing the applicant's work
				  history for the 5 years preceding the filing of the BR-1 and qualifications to
				  be a broker.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1029 - BROKERS › Section 1029.6 - Broker training

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon
				  submission of a BR-1 application under §
										1029.5 (relating to broker
				  registration), an applicant may be scheduled by the Authority to attend an
				  in-class training program upon request of the applicant. The Authority, or its
				  authorized agent, will conduct the training.
(b) Broker training will consist of a minimum
				  of 2 hours of instruction developed to address all areas of the Authority's
				  regulations with emphasis on the following subjects:
(1) Eligibility to be a certificate owner,
				  dispatcher and medallion owner.
(2)
				  The forms and records required to complete a sale of rights.
(3) An overview of frequently encountered
				  subjects in the Authority's regulations, including the following:
(i) Authority regulations governing
				  certificate owners.
(ii) Authority
				  regulations governing equipment.
(iii) Penalties for violation of Authority
				  regulations.
(iv) An overview of
				  the administrative process related to the sale of rights.
(v) The identification and address of the
				  Authority office responsible for administering the act.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1029 - BROKERS › Section 1029.7 - Broker testing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  applicant will be scheduled by the Authority for broker testing. Testing will
				  be rescheduled upon the request of the applicant to permit completion of broker
				  training as provided in §
										1029.6 (relating to broker
				  training) or to address an applicant's scheduling conflict.
(b) The broker test will focus on the
				  subjects identified in § 1029.6.
(c) The Authority will develop a test to
				  assure that applicants for broker registration understand the subjects
				  identified in § 1029.6.
(d)
				  The test will be administered in the English language. The assistance of
				  interpreters will not be permitted.
(e) Except as limited under this chapter, the
				  test may be administered in a manner and in a form deemed appropriate by the
				  Authority. The test may include:
(1) Questions
				  requiring a written response.
(2)
				  Multiple choice questions.
(3) Oral
				  questions.
(4) The demonstration of
				  an ability to complete all of the documents necessary to sell transferable
				  rights.
(5) The demonstration of an
				  ability to read, write and speak the English language as required by this
				  part.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1029 - BROKERS › Section 1029.8 - Broker registration approval

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the BR-1 and related broker
				  application documents demonstrate that the applicant is in compliance with the
				  Authority's regulations and the applicant has passed the broker testing under
				  §
										1029.7 (relating to broker
				  testing), the Authority will issue a broker registration letter to the
				  applicant and place the applicant's name on the list of brokers maintained by
				  the Authority.
(b) The broker
				  registration letter will confirm the individual's broker status with the
				  Authority and list an expiration date, which will be 1 year from the date of
				  issuance, and contain other information and guidance as the Authority deems
				  appropriate.
(c) The broker
				  registration letter shall be displayed prominently in the broker's
				  office.
(d) The broker registration
				  letter may be served upon the broker by email.
This section cited in 52 Pa. Code §
												1001.10 (relating to
						definitions).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1029 - BROKERS › Section 1029.9 - Broker representation letter

Current through Register Vol. 54, No. 28, July 13, 2024
A broker retained by a party to a sale of rights subject to
					 the act shall file Form BR-2 "Broker Representation Letter" with the Authority
					 on or before the date a sale application is filed with the Authority. The BR-2
					 may be obtained on the Authority's web site at
www.philapark.org/tld
.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1029 - BROKERS › Section 1029.10 - Broker agreements required

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  A broker shall have a written agreement with each client that clearly
				  identifies the broker's client or clients, the scope of services to be
				  performed and the consideration to be paid by each client upon completion of
				  the closing on the sale as provide §
										1027.12 (relating to approval
				  process and closing on sale).
(b) A
				  broker shall confirm that a power of attorney signed by a client complies with
				  §
										1001.28 (relating to power of
				  attorney).
(c) A broker may not
				  offer an Authority issued right for sale unless authorized in advance and in
				  writing by the owner of the right.
(d) A broker agreement that creates an
				  exclusive listing relationship must include as a signed and notarized addendum
				  Form BR-3 "Broker Exclusive Listing" to confirm the understanding of a broker's
				  client or clients that an exclusive relationship exists and its term. The BR-3
				  may be obtained at
www.philapark.org/tld
. An exclusive listing
				  may not be extended beyond the termination date in the BR-3 unless a new BR-3
				  is signed and dated by the client as provided in this section.
(e) If a broker intends on participating in a
				  sale of rights as an insurance broker, automobile dealer or in some other
				  capacity in addition to that of a broker, the exact nature of the nonbroker
				  roll, and the consideration associated with that roll, shall be disclosed in
				  writing to the broker's client and filed with the Authority along with the
				  BR-2. If the nonbroker roll is developed after the filing of the BR-2, the
				  disclosure shall be made to the client and filed with the Authority
				  immediately.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1029 - BROKERS › Section 1029.11 - Professional liability insurance

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  A broker shall continuously maintain professional liability insurance in the
				  amount of $50,000, including coverage for errors and omissions caused by the
				  broker's negligence in the performance of duties from an insurer authorized to
				  do business in this Commonwealth.
(b) A broker registration will not be issued
				  or renewed unless confirmation of required insurance has been filed with the
				  Authority as provided in §
										1025.2 (relating to insurance
				  forms and procedures).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1029 - BROKERS › Section 1029.12 - Broker duties

Current through Register Vol. 54, No. 28, July 13, 2024
The following duties are owed by a broker to a client in
					 the sale of rights subject to the act and may not be waived:
(1) Exercising reasonable professional skill
				  and care.
(2) Dealing honestly and
				  in good faith and maintain confidentiality.
(3) Presenting, in a reasonably practicable
				  period of time, all offers, counteroffers, notices and communications to and
				  from the parties in writing, unless the rights at issue are subject to an
				  existing SA-1 and the seller has agreed in a written waiver.
(4) Providing advanced written disclosure in
				  a reasonably practicable period of time of all conflicts of interest and
				  financial interests required by this chapter.
(5) Advising the client to seek expert advice
				  on matters about the sale that are beyond the broker's expertise.
(6) Ensuring that all services are provided
				  in a reasonable, professional and competent manner.
(7) Keeping the client informed about offers
				  to purchase rights, the sale and tasks to be completed.
(8) Providing assistance with document
				  preparation.
(9) Advising the
				  client about compliance with laws and regulations pertaining to the rights at
				  issue without rendering legal advice.
(10) Providing a copy of all documents
				  prepared or maintained by the broker on behalf of the client to the client at
				  or before the date the sale closes or otherwise immediately upon
				  request.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1029 - BROKERS › Section 1029.13 - Disclosure of interest

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A broker
				  may only participate in a transaction involving rights subject to the act in
				  which the broker has an interest after first disclosing that interest in
				  writing to all parties concerned.
(b) A broker may not represent, or purport to
				  represent, more than one party to a sale of rights subject to the act without
				  the written consent of all parties concerned.
(c) A broker who provides financial services,
				  insurance or mechanical repair services may not require a client to use any of
				  these services.
(d) If the client
				  chooses to use any of the services referenced in subsection (c), the broker
				  shall provide the client with a written disclosure of any financial interest,
				  including a referral fee or commission that the broker may earn. The disclosure
				  required under this paragraph shall be made at the time the broker first
				  advises the client that an ancillary service is available or when the broker
				  first learns that the client will be using the service.
(e) A broker has a continuing obligation to
				  disclose to a client, any conflict of interest in a reasonably practicable
				  period of time after the broker learns or should have learned of the conflict
				  of interest.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1029 - BROKERS › Section 1029.14 - Broker conduct and obligations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  broker may not give assurances or advice concerning an aspect of rights subject
				  to sale that the broker knows, or reasonably should be expected to know, is
				  incorrect, inaccurate or improbable.
(b) A broker is not required to independently
				  verify the accuracy or completeness of any representation made by the clients
				  to a sale which the broker reasonably believes to be accurate and
				  reliable.
(c) A broker is not
				  liable for the acts of a client unless the client is acting at the express
				  direction of the broker or as a result of a representation by a broker
				  reasonably relied on by the client.
(d) A broker shall keep and maintain records
				  related to its clients and each sale in which it participates in any manner as
				  provided in §
										1011.11 (relating to record
				  retention), including the following records:
(1) The names and addresses of buyers,
				  sellers, lenders or lienholders, if any.
(2) The purchase price.
(3) The amount of deposit paid on the
				  contract.
(4) The amount of
				  commission paid to the broker.
(5)
				  The expenses of procuring financing, if any.
(6) Closing statements.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1029 - BROKERS › Section 1029.15 - Duty to deposit money belonging to another into escrow account

Current through Register Vol. 54, No. 28, July 13, 2024
A broker shall deposit money that the broker receives
					 belonging to another into an escrow account in a Federally- or State-insured
					 bank or depository to be held pending consummation of the sale of rights
					 subject to the act or a prior termination thereof that does not involve a
					 dispute between the parties to the sale, at which time the broker shall pay
					 over the full amount to the party entitled to receive it.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1029 - BROKERS › Section 1029.16 - Nonwaiver of escrow duty

Current through Register Vol. 54, No. 28, July 13, 2024
A broker's escrow duty may not be waived or altered by an
					 agreement between the parties to the sale, between the broker and the parties,
					 or between the broker and other brokers who may be involved in the
					 sale.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1029 - BROKERS › Section 1029.17 - Deadline for depositing money into escrow account

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as provided in subsection (b), a
				  broker shall deposit money belonging to another into one escrow account by the
				  end of the next business day following its receipt in the broker's
				  office.
(b) If the money of another
				  has been tendered to the broker in the form of a check under an offer to
				  purchase or lease a right subject to the act, the broker may, with the written
				  permission of both the buyer and the seller or the lessee and the lessor,
				  refrain from depositing the money into an escrow account by the deadline in
				  subsection (a) pending the seller's or lessor's acceptance of the offer. In
				  those cases, the broker shall deposit the check into an escrow account within 1
				  business day of the seller's or lessor's acceptance of the offer.
(c) A broker shall notify each client of the
				  bank's name, address and the account number of each account holding escrowed
				  funds related to the sale.
(d) Upon
				  request, a broker shall notify the owner of the escrowed funds of the name,
				  address and account number of the account holding in escrow. For purposes of
				  this subsection, the owner of the escrowed funds is the party that provided the
				  funds to the broker for placement in escrow.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1029 - BROKERS › Section 1029.18 - Escrow account

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A broker
				  escrow account must:
(1) Be maintained in a
				  Federally- or State-insured bank or recognized depository.
(2) Designate the broker as
				  trustee.
(3) Provide for the
				  withdrawal of funds without prior notice.
(4) Be used exclusively for escrow
				  purposes.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1029 - BROKERS › Section 1029.19 - Prohibition against commingling or misappropriation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as provided in subsection (b), a
				  broker may not commingle money that is required to be held in escrow or
				  interest earned on an escrow account, with business, personal or other
				  funds.
(b) A broker may deposit
				  business or personal funds into an escrow account to cover service charges
				  assessed to the account by the bank or depository where the account is located
				  or to maintain a minimum balance in the account as required by the regulations
				  of the bank or depository.
(c) A
				  broker may not misappropriate money that is required to be held in escrow or
				  interest earned on an escrow account, for business, personal or other
				  purposes.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1029 - BROKERS › Section 1029.20 - Procedure when entitlement to money held in escrow is disputed

Current through Register Vol. 54, No. 28, July 13, 2024
If a dispute arises between the parties to a sale over
					 entitlement to money that is being held in escrow by a broker, the broker shall
					 retain the money in escrow until the dispute is resolved. If resolution of the
					 dispute appears remote without legal action, the broker may, following 30 days'
					 notice to the parties, petition the Philadelphia Court of Common Pleas to
					 interplead the rival claimants.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1029 - BROKERS › Section 1029.21 - Escrow records

Current through Register Vol. 54, No. 28, July 13, 2024
A broker shall keep records of moneys received by him that
					 are required to be held in escrow and shall produce the records for examination
					 by the Authority or its authorized representatives upon written request. The
					 records must contain the following information:
(1) The name of the party from whom the
				  broker received the money.
(2) The
				  name of the party to whom the money belongs.
(3) The name of the party for whose account
				  the money is deposited.
(4) The
				  date the broker received the money.
(5) The date the broker deposited the money
				  into the escrow account.
(6) The
				  date the broker withdrew the money from the escrow account.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1029 - BROKERS › Section 1029.22 - Broker in possession of medallion

Current through Register Vol. 54, No. 28, July 13, 2024
If a medallion has been deposited with a broker, the broker
					 shall deliver the medallion to the Authority for placement into storage within
					 48 hours of receipt.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1030 - TAXICAB RATES › Section 1030.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following word, when used in this chapter, has the
					 following meaning, unless the context clearly indicates otherwise:
Tariff
-A schedule of rates that is charged
					 to a passenger upon being provided taxicab service within Philadelphia or
					 within a certain designated territory in Philadelphia as outlined in the
					 tariff.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1030 - TAXICAB RATES › Section 1030.2 - Taxicab rates and tariffs

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Medallion taxicabs.
Medallion taxicabs shall charge a uniform
				  rate as determined and approved by the Authority upon investigation as provided
				  in section 5703 or 5720 of the act, or both (relating to rates; and wages).
(1) Changes to an existing and duly
				  established rate shall be determined under section 5703 or 5720 of the act, or
				  both, or otherwise ordered by the Authority.
(2) A certificate holder or certified driver
				  may petition the Authority to reopen a rate investigation under section 5703 or
				  5720 of the act, or both, to allow for flexible rates or surcharges, including
				  fuel or peak-hour surcharges. A request for a flexible pricing model must
				  include a proposed framework for consumer protections that involve upfront
				  disclosure of the fare in a way that is not contingent upon consumer request
				  and the flexible pricing model will be computed to not violate the Price
				  Gouging Act (73 P.S. §
												§
												232.1-232.5).
(3) An approved flexible pricing model or
				  surcharge will be reviewed annually by the Authority.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart C - Limousines › Chapter 1051 - GENERAL PROVISIONS › Section 1051.3 - Annual rights renewal process

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart C - Limousines › Chapter 1051 - GENERAL PROVISIONS › Section 1051.4 - Annual assessments and renewal fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Assessments and renewal
				  fees.
The owners of rights issued by the Authority shall pay an annual
				  assessment or renewal fee in an amount established each year under section
				  5707(a) and (c) of the act (relating to budget and assessments) and as set
				  forth in the Authority's annual fee schedule as provided in §
										1001.43 (relating to Authority fee
				  schedule).
(b)
Payment of
				  assessments by certificate holders.
The annual assessment for
				  certificate holders is due within 30 days after service of the notice of
				  assessment as provided in section
				  5707.1(a) of the
				  act (relating to assessment notice and hearings). Upon request by a limousine
				  certificate holder through the LM-1 filing as required under §
										1051.3 (relating to annual rights
				  renewal process), the Director may permit certificate holders to pay an
				  assessment in two equal installments within 30 days after service of the notice
				  of assessment as provided in section
				  5707.1(a) of the
				  act and December 15 of each year.
(c)
Payment of renewal fees by
				  limousine drivers.
The annual renewal fee for limousine drivers is
				  due with the filing of the DR-3 as provided in § 1051.3(c)(3).
(d)
Late assessment or renewal fee
				  payments.
Rights issued by the Authority may be placed out of service
				  at the time an assessment or renewal fee payment becomes late as provided in
				  §
										1003.32(c)
				  (relating to out of service designation).
The provisions of this §
												1051.4 temporarily amended under
						53 Pa.C.S. §
													57B
						02.
This section cited in 52 Pa. Code §
												1051.3 (relating to annual rights
						renewal process).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart C - Limousines › Chapter 1051 - GENERAL PROVISIONS › Section 1051.5 - Ineligibility due to conviction or arrest

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person is ineligible to own any
				  interest in any right issued by the Authority if the person, or a person having
				  a controlling interest over the person or a key employee, has been subject to a
				  conviction as defined in §
										1001.10 (relating to
				  definitions).
(b) If a regulated
				  party owning a transferable right becomes ineligible to hold rights issued by
				  the Authority due to a conviction, the regulated party shall immediately cease
				  use of the rights and initiate the sale of the rights to an eligible person as
				  provided in Chapter 1059 (relating to applications and sale of rights). If the
				  regulated party is an individual limousine certificate holder or the sole owner
				  of the securities of a limousine certificate holder, that person shall
				  surrender to the Authority any limousine rights stickers to hold for
				  safekeeping until the rights are sold.
(c) A regulated party or applicant shall
				  inform the Director within 72 hours of being subject to an arrest or conviction
				  as defined under §
										1001.10.
(d) If a criminal prosecution is initiated
				  against a regulated party for a crime that may lead to a conviction as defined
				  in § 1001.10, the Enforcement Department or trial counsel may place the
				  subject rights out of service as provided in §
										1003.32 (relating to out of
				  service designation).
The provisions of this §
												1051.5 temporarily amended under
						53 Pa.C.S. §
													57B
						02.
This section cited in 52 Pa. Code §
												1051.8 (relating to limousine
						service limitations); 52 Pa. Code §
												1051.14 (relating to death or
						incapacitation of a certificate holder or certain persons with controlling
						interest); 52 Pa. Code §
												1055.19 (relating to prerequisites
						to inspection); and 52 Pa. Code §
												1059.6 (relating to required
						application information).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart C - Limousines › Chapter 1051 - GENERAL PROVISIONS › Section 1051.6 - Payment of outstanding fines, fees and penalties

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Regulated persons and applicants for any
				  right issued by the Authority shall pay all assessments, fees, penalties and
				  other payments due to the Authority under the act, this part or an order of the
				  Authority on schedule, unless the matter related to the payment is under
				  appeal.
(b) Regulated persons and
				  applicants for any right issued by the Authority shall remain current on the
				  payment of parking violations and traffic violations, unless the violation is
				  under appeal.
(c) For purposes of
				  this section, regulated persons and applicants include those with a controlling
				  interest in the regulated person or applicant, or both.
The provisions of this §
												1051.6 temporarily amended under
						53 Pa.C.S. §
													57B
						02.
This section cited in 52 Pa. Code §
												1051.3 (relating to annual rights
						renewal process); 52 Pa. Code §
												1051.13 (relating to voluntary
						suspension of certificate); 52 Pa. Code §
												1055.19 (relating to prerequisites
						to inspection); 52 Pa. Code §
												1057.5 (relating to standards for
						obtaining a limousine driver's certificate); 52 Pa. Code §
												1057.8 (relating to certain
						training subjects); and 52 Pa. Code §
												1059.6 (relating to required
						application information).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart C - Limousines › Chapter 1051 - GENERAL PROVISIONS › Section 1051.7 - Facility inspections

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Inspectors may enter upon the premises of limousine certificate holders where
				  limousines are parked, stored or maintained during ordinary business hours to
				  inspect vehicles or records, or both, associated, with the operation of
				  limousines in Philadelphia, including inspection reports and lease agreements
				  between the certificate holder and another regulated party.
(b) Inspectors may enter upon the premises of
				  brokers during ordinary business hours to review records related to either
				  completed or pending transfers filed with the Authority as provided in §
										1059.5 (relating to application
				  for sale of transferable rights) to assure compliance with the act and Chapter
				  1061 (relating to brokers).
This section cited in 52 Pa. Code §
												1051.10 (relating to record
						retention).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart C - Limousines › Chapter 1051 - GENERAL PROVISIONS › Section 1051.8 - Limousine service limitations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Providers.
Except as provided in subsection (d), only the
				  following individuals may provide limousine service:
(1) The owner, if the owner is a limousine
				  driver.
(2) An employee of the
				  certificate holder who is a limousine driver.
(3) A limousine driver who leases the
				  limousine directly from the certificate holder.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart C - Limousines › Chapter 1051 - GENERAL PROVISIONS › Section 1051.9 - Discrimination in service

Current through Register Vol. 54, No. 28, July 13, 2024
A regulated person may not refuse service to a member of
					 the public on the basis of gender, sexual orientation, race, religious
					 preference, nationality, age, point of origin, point of destination or to a
					 person with a disability.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart C - Limousines › Chapter 1051 - GENERAL PROVISIONS › Section 1051.10 - Record retention

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Records to be maintained.
All of the following records shall
				  be maintained in the English language for 2 years from the date of origin:
(1)
Limousine certificate
				  holders.
(i) All Philadelphia
				  limousine service trip logs, which may be maintained on digital or other
				  electronic devices as approved by the Authority upon detailed written request
				  by the certificate holder.
(ii) A
				  list of limousine drivers and dates employed.
(iii) Each lease agreement for a
				  limousine.
(iv) Records of payment
				  by a driver under each lease agreement for a limousine.
(v) Records related to accidents involving
				  vehicles used as limousines, including repair records.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart C - Limousines › Chapter 1051 - GENERAL PROVISIONS › Section 1051.11 - Aiding or abetting violations

Current through Register Vol. 54, No. 28, July 13, 2024
A person may not aid, abet, encourage or require a
					 regulated party to violate the act, this part or an order of the
					 Authority.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart C - Limousines › Chapter 1051 - GENERAL PROVISIONS › Section 1051.12 - Interruptions of service

Current through Register Vol. 54, No. 28, July 13, 2024
A discontinuance in the provision of limousine service for
					 5 or more consecutive days shall be reported by the certificate holder to the
					 Manager of Enforcement in writing within 7 days of the beginning of the
					 discontinuation of service. The written report must include the cause of
					 interruption and its probable duration and may be forwarded by
					 email.
This section cited in 52 Pa. Code §
												1051.13 (relating to voluntary
						suspension of certificate).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart C - Limousines › Chapter 1051 - GENERAL PROVISIONS › Section 1051.13 - Voluntary suspension of certificate

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A certificate holder may apply to place a
				  certificate in a voluntary state of suspension as provided in subsection (b) to
				  avoid penalties for violation of §
										1051.12 (relating to interruptions
				  of service).
(b) To request
				  approval from the Authority for the voluntary suspension of a certificate, the
				  certificate holder shall file a completed CPC-1 "Voluntary Suspension
				  Application" with the Director and pay the application fee as provided in
				  §
										§
										1001.42 and
				  1001.43 (relating to mode of
				  payment to the Authority; and Authority fee schedule). The CPC-1 may be
				  obtained at
www.philapark.org/tld
.
(c) Before a CPC-1 is granted, a certificate
				  holder shall be in compliance with §
										1051.6 (relating to payment of
				  outstanding fines, fees and penalties).
(d) A period of voluntary suspension may
				  begin only upon surrender to the Authority of the TLD limousine rights sticker
				  for each vehicle subject to the voluntary suspension.
The provisions of this §
												1051.13 temporarily amended under
						53 Pa.C.S. §
													57B
						02.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart C - Limousines › Chapter 1051 - GENERAL PROVISIONS › Section 1051.14 - Death or incapacitation of a certificate holder or certain persons with controlling interest

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Definition.
The following word, when used in this section, has
				  the following meaning, unless the context indicates otherwise:
Incapacitation
-A determination by a court
					 that an individual is incapacitated as provided in
					 20 Pa.C.S. §
												5511
					 (relating to petition and hearing; independent evaluation), or for
					 non-Pennsylvania residents, a substantially similar order from a court of
					 competent jurisdiction.
(b)
Death or incapacitation of an individual certificate holder.
(1) Except as provided in subsection (d),
				  upon the death or incapacitation of an individual certificate holder, the
				  operation or use of Authority rights conferred by the certificate may continue
				  with the legal representative of the deceased or incapacitated certificate
				  holder.
(2) The legal
				  representative of the deceased or incapacitated certificate holder shall
				  immediately notify the Authority in writing upon the death or incapacitation
				  and provide to the Authority the legal representative's mailing address,
				  telephone number and email address along with the applicable documentation
				  proving legal authorization to act on the part of the certificate
				  holder.
(3) The legal
				  representative of the deceased or incapacitated certificate holder shall
				  immediately begin the process of finding a qualified person to buy the
				  certificate as provided in Chapter 1059 (relating to applications and sale of
				  rights), including the use of a broker or attorney. Nothing in this section
				  prohibits the legal representative from applying to the Authority to obtain the
				  transferrable rights.
(4) If an
				  SA-1 for the transferable right is not correctly filed, as provided in Chapter
				  1059 within 90 days of the date the certificate holder died or was declared
				  incapacitated, the certificate will be placed out of service as provided in
				  §
											1003.32 (relating to out of
				  service designation) and may be cancelled upon determination of a formal
				  complaint filed by the Enforcement Department or trial counsel.
(5) If an SA-1 for the transferable right is
				  correctly filed within 90 days of the date the certificate holder died or was
				  declared incapacitated, the rights conferred by the certificate shall continue
				  with the legal representative of the deceased or incapacitated certificate
				  holder for the duration of the SA-1 review period and through closing on the
				  sale.