reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1019 - DISPATCHERS › Section 1019.9 - List of affiliated taxicabs

Current through Register Vol. 54, No. 28, July 13, 2024
A dispatcher shall file a complete Form DSP-4 "Dispatcher
					 Affiliated Taxicabs" with the Authority on the first business day of each month
					 noting the taxicab numbers and certificate holders associated with the
					 dispatcher at that time. Form DSP-4 may be obtained at
www.philapark.org/tld
.
The provisions of this §
												1019.9 temporarily amended under
						53 Pa.C.S. §
													57B
						02.
This section cited in 52 Pa. Code §
												1019.8 (relating to dispatcher
						requirements).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1019 - DISPATCHERS › Section 1019.10 - Dispatcher rates

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  dispatcher may not provide service to taxicabs unless it has filed a Form No.
				  DSP-5 "Dispatcher Rates" with the Authority establishing the rates schedule
				  charged for the dispatcher's services. Only the rates identified in the DSP-5
				  filing may be charged by the dispatcher, or any agent or employee of a
				  dispatcher. The DSP-5 may be obtained at
www.philapark.org/tld
.
(b) A dispatcher may amend its DSP-5 filing
				  at any time, with an effective date 30 days from the date of filing.
(c) A dispatcher shall provide a copy of its
				  DSP-5 to each of its associated drivers and certificate holders.
(d) Under section 5721 of the act (relating
				  to centralized dispatcher), the Authority may deny the filing of a DSP-5 if it
				  determines that the suggested rates are unreasonable.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1019 - DISPATCHERS › Section 1019.11 - Disclosure of conflicts

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  dispatcher shall disclose, through the filing of the DSP-4, any dispatching
				  services that may be provided to taxicabs owned or operated by the dispatcher,
				  a person with a controlling interest in the dispatcher, key employee or
				  immediate family members of the dispatcher.
(b) For the purposes of this section,
				  "immediate family members" means the spouse or domestic partner, parent,
				  grandparent, great-grandparent, great-great grandparent, children, siblings
				  (including "half" and step-siblings), uncles/aunts, grand uncles/aunts,
				  grandchildren, nephews/nieces, first cousins, great-grandchildren and grand
				  nephews/nieces of the dispatcher.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1019 - DISPATCHERS › Section 1019.12 - Bond required

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Within 30
				  days of receipt of the Authority's email notification of its intention to grant
				  an applicant's SA-1 application, the applicant shall file a bond or irrevocable
				  letter of credit consistent with this section with the Authority.
(b) A dispatcher may not provide dispatching
				  services unless the bond or irrevocable letter of credit required by this
				  section has been filed and accepted by the Authority and the requirements in
				  §
										1003.51(f)
				  (relating to applications generally) have been satisfied.
(c) A dispatcher's bond or irrevocable letter
				  of credit shall be issued in an amount of at least $10,000 and upon terms and
				  in a form as will insure the dispatcher's adherence to the law, the Authority's
				  regulations and orders and the interests of the dispatcher's clients, including
				  payment of all fines, fees and penalties incurred by the dispatcher.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1019 - DISPATCHERS › Section 1019.13 - Minimum number of medallion taxicab affiliations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A dispatcher shall remain affiliated with
				  at least 20 active medallion taxicabs for dispatching services with each
				  taxicab displaying the name, colors and markings of the dispatcher approved as
				  provided in this subchapter.
(b) If
				  a dispatcher fails to maintain the minimum number of affiliated taxicabs the
				  Enforcement Department or trial counsel will provide 30 days notice of its
				  intention to initiate an enforcement proceeding through a formal complaint as
				  provided in §
										1005.11 (relating to formal
				  complaints generally) to cancel the dispatching certificate.
(c) Upon notice of planned enforcement
				  proceedings as provided in subsection (b), the dispatcher will be permitted to
				  initiate a certificate transfer as provided in Chapter 1027 (relating to sale
				  of rights) or come into compliance with subsection (a).
(d) If a dispatcher and proposed buyer of the
				  certificate initiate a certificate transfer within 30 days of the notice
				  provided under subsection (b), the enforcement proceedings may be stayed unless
				  the Enforcement Department or trial counsel determine that a transfer of the
				  certificate is not likely to occur within 6 months of the date the transfer
				  application was filed.
(e) If a
				  dispatcher comes into compliance with subsection (a) within 30 days of the
				  notice provided under subsection (b), the dispatcher shall provide notice of
				  that status to the Enforcement Department or trial counsel, and if proven the
				  matter will be closed.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1019 - DISPATCHERS › Section 1019.14 - Dispatcher records

Current through Register Vol. 54, No. 28, July 13, 2024
A dispatcher shall maintain records related to its
					 affiliated certificate holders, its customers, the calls or scheduling for
					 service it receives and the dispatches it makes as provided in §
										1011.11 (relating to record
					 retention).
This section cited in 52 Pa. Code §
												1019.8 (relating to dispatcher
						requirements).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1021 - TAXICAB DRIVERS › Section 1021.1 - Purpose and scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
				  chapter establishes minimum qualifications for taxicab drivers.
(b) A certificate holder may impose more
				  stringent standards in the selection of its taxicab drivers.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1021 - TAXICAB DRIVERS › Section 1021.2 - Certification required

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Only a
				  taxicab driver as defined under §
										1001.10 (relating to definitions)
				  may provide taxicab service.
(b) A
				  taxicab driver shall carry and display an original taxicab driver's certificate
				  on the protective shield of the taxicab on the driver's side with the front of
				  the certificate (picture) facing the rear seat at all times or in the center of
				  the front compartment of the vehicle so long as it is plainly visible to all
				  passengers in the vehicle.
(c) A
				  taxicab driver may not drive a taxicab with a mutilated, damaged or illegible
				  taxicab driver's certificate.
(d)
				  Only one taxicab driver's certificate at a time may be displayed in a
				  taxicab.
(e) A taxicab driver's
				  certificate is not transferable.
This regulation has been recognized as invalid as applied
						to partial-rights taxicabs. Germantown Cab Company v. Philadelphia Parking
						Authority, 155 A.3d 669 (Pa. Cmwlth. 2017).
The provisions of this §
												1021.2 temporarily amended under
						53 Pa.C.S. §
													57B
						02.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1021 - TAXICAB DRIVERS › Section 1021.3 - Designation of taxicab driver's certificates

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Driver designation.
(1) Beginning on December 3, 2011, driver
				  certification rights previously issued by the Authority under section 5706 of
				  the act (relating to driver certification program) shall be designated by the
				  driver as either a taxicab driver's certificate or limousine driver's
				  certificate at the time those rights are scheduled for renewal as provided in
				  §
											1011.3 (relating to annual rights
				  renewal process).
(2) Provided that
				  all other terms of renewal are met, the TLD will renew the driver's certificate
				  only for the rights selected by the renewing driver as provided in paragraph
				  (1).
(3) New driver's certificates
				  will identify each driver as either a taxicab driver or a limousine
				  driver.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1021 - TAXICAB DRIVERS › Section 1021.4 - Ineligible persons for taxicab driver certificate

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to other prohibitions provided in this part, an
					 applicant for a taxicab driver's certificate is automatically ineligible under
					 all of the following circumstances:
(1) The applicant does not hold a current
				  driver's license.
(2) The applicant
				  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.
(3) The
				  applicant has failed to satisfactorily complete taxicab driver training and
				  testing as prescribed by this chapter.
(4) The applicant is unable to provide
				  information required by this subpart.
(5) The applicant is 20 years of age or
				  younger.
(6) Unless otherwise
				  permitted by the Authority, the applicant does not have a driving history in
				  the United States of at least 1 continuous year prior to the date of
				  application.
(7) The applicant's
				  driver's history reflects three moving violations or a major violation as
				  defined in §
										1011.2 (relating to definitions)
				  in the 3-year period prior to the driving history check.
(8) The applicant has been convicted of
				  driving under the influence of drugs or alcohol in the preceding 7 years from
				  the filing date of DR-1 "Driver Application."
(9) The applicant has been disqualified by
				  the Authority from being a TNC driver under section 57A12(e) of the act
				  (relating to transportation network company drivers) within the 5 years
				  immediately preceding the filing date of DR-1 "Driver Application."
Paragraph (3) has been recognized as invalid as applied
						to partial-rights taxicabs. Germantown Cab Company v. Philadelphia Parking
						Authority, 155 A.3d 669 (Pa. Cmwlth. 2017).
The provisions of this §
												1021.4 temporarily amended under
						53 Pa.C.S. §
													57B
						02.
This section cited in 52 Pa. Code §
												1011.9 (relating to taxicab
						service limitations).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1021 - TAXICAB DRIVERS › Section 1021.6 - Application changes

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
				  applicant for a taxicab driver's certificate shall immediately notify the
				  Authority in writing of any changes that affect the accuracy of the information
				  in the application while the application is under review by the
				  Authority.
(b) False information
				  provided by an applicant for a taxicab driver's certificate will result in the
				  denial of the application or cancellation of the driver's certificate if issued
				  prior to discovery of the false information.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1021 - TAXICAB DRIVERS › Section 1021.7 - Taxicab driver training scheduled

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Training required.
An applicant shall complete a training
				  program.
(b)
Training
				  options.
An applicant has the option to complete the taxicab driver
				  training program conducted by the Authority under subsection (d) or conducted
				  by a third party that has been approved by the Authority under subsection
				  (e).
(c)
Eligibility.
Upon submission of a completed DR-1 application
				  as provided in this chapter, the DR-1 will be reviewed to determine if the
				  applicant is eligible to attend the required training program conducted by
				  either the Authority or an approved third party as provided in subsection (d)
				  or (e).
(1) An applicant will not be
				  scheduled for training conducted by the Authority or receive clearance from the
				  Authority to attend an approved third-party training program if the application
				  documents present information that clearly renders the applicant ineligible to
				  be a taxicab driver. For example, an applicant who does not possess a valid
				  driver's license or is not in compliance with §
											1011.7 (relating to payment of
				  outstanding fines, fees and penalties) will not be scheduled for training or
				  receive clearance to attend training.
(2) If the applicant is eligible to attend
				  training, the applicant may be issued a provisional taxicab driver certificate,
				  for up to 90 days from the filing date of the DR-1, or until a certificate is
				  issued by the Authority, whichever is earlier.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1021 - TAXICAB DRIVERS › Section 1021.8 - Certain training subjects

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Continued training subjects.
The Authority will continually
				  monitor issues related to taxicab drivers, including safety, wheelchair
				  accessible vehicle (WAV) taxicab service and customer service, and maintain a
				  current list of taxicab driver training subjects on its web site at
www.philapark.org/tld
.
(b)
Basic training issues.
Taxicab driver training will be developed to address all areas of the act, this
				  part and orders of the Authority. The dress code applicable to taxicab drivers
				  applies to applicants during training whether conducted by the Authority or an
				  approved third party. Training will address issues provided for in subsection
				  (a), including the following subjects:
(1)
				  Authority regulations governing taxicab drivers, including differences between
				  the services medallion taxicabs and partial-rights taxicabs provide.
(2) Authority regulations governing taxicab
				  certificate holders.
(3) Authority
				  regulations governing equipment.
(4) Penalties for violation of Authority
				  regulations.
(5) An overview of the
				  administrative process related to violations.
(6) The identification and address of the
				  Authority offices responsible for administering the act.
(7) Customer service issues, including the
				  following:
(i) Personal appearance of
				  drivers.
(ii) Driver courtesy and
				  hygiene.
(iii) Assistance to
				  elderly and people with disabilities.
(8) Driving and customer safety issues,
				  including the following:
(i) Defensive driving
				  techniques.
(ii) Emergency
				  aid.
(iii) Vehicle and equipment
				  inspections.
(iv) Crime
				  prevention.
(v) Accident reporting
				  procedures.
(9) Issues
				  related to the geography of Philadelphia, including the following:
(i) Map reading.
(ii) Overview of major street and traffic
				  patterns.
(iii) Identification and
				  location of popular landmarks and locations.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1021 - TAXICAB DRIVERS › Section 1021.9 - Taxicab driver test

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Authority
				  will develop a test to assure that applicants for taxicab driver's certificates
				  and wheelchair accessible vehicle (WAV) taxicab driver's certificates
				  understand the information presented during training as provided in §
										1021.8 (relating to certain
				  training subjects).
(b) The test
				  will be administered in the English language. The assistance of interpreters
				  will not be permitted. An applicant's responses to all test questions shall be
				  in the English language.
(c) Except
				  as limited by 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.
				  5662. Immediately preceding text appears at serial pages (360448) to
				  (360449).
(2) Multiple choice
				  questions.
(3) Oral
				  questions.
(4) The demonstration of
				  an ability to operate a motor vehicle and use taxicab related
				  equipment.
(5) For WAV taxicab
				  driver applicants, the demonstration of an ability to operate a WAV taxicab and
				  to assist with the entry, exit and securing of a passenger in a wheelchair in
				  the WAV taxicab.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1021 - TAXICAB DRIVERS › Section 1021.10 - Expiration and renewal of certificate

Current through Register Vol. 54, No. 28, July 13, 2024
An individual with a taxicab driver's certificate that has
					 been expired for more than 2 years shall attend taxicab driver training and
					 pass the taxicab driver test provided in this chapter before providing
					 service.
The provisions of this §
												1021.10 temporarily amended under
						53 Pa.C.S. §
													57B
						02.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1021 - TAXICAB DRIVERS › Section 1021.11 - Driver requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Preservice inspection.
Prior to driving a taxicab before each
				  shift, a taxicab driver shall perform a vehicle inspection to confirm that the
				  taxicab complies with this subpart. The inspection must include all of the
				  following:
(1) At least one full walk around
				  the taxicab to assure the exterior of the vehicle is in compliance with this
				  subpart, including all of the following:
(i)
				  The exterior of the taxicab is not damaged, no sharp edges are present and no
				  parts of the vehicle have been removed. For example, the hood and doors of the
				  taxicab are present and in the proper location.
(ii) The appropriate name, colors and
				  markings scheme are affixed to the taxicab.
(iii) The taxicab's tires are full size and
				  the treads are not worn below the level permitted under 67 Pa. Code Chapter 175
				  (relating to vehicle equipment and inspection).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1021 - TAXICAB DRIVERS › Section 1021.12 - Additional requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each
				  taxicab driver shall know the rights and limitations of any taxicab used to
				  provide taxicab service, including the geographical limitation of
				  partial-rights taxicabs, if applicable.
(b) A taxicab driver may not provide taxicab
				  service beyond the 14th consecutive hour after coming on duty. Time spent on
				  any break from taxicab service does not extend the 14-hour period. A taxicab
				  driver may operate for another 14-hour period only after 8 consecutive hours
				  off duty.
(c) A taxicab driver may
				  not provide taxicab service with an expired taxicab driver's
				  certificate.
(d) A taxicab driver
				  may not provide taxicab service without a valid driver's license.
(e) Whenever a taxicab is occupied by a
				  fare-paying passenger or by members of a party of fare-paying passengers who
				  have engaged the taxicab on an exclusive basis, the taxicab driver may not
				  permit another person to occupy or ride in the taxicab.
(f) No requirement of this subpart, or any
				  Authority regulation, may be interpreted to disrupt or interfere with
				  interstate commerce exclusively regulated by or preempted by the government of
				  the United States.
(g) If a taxicab
				  is equipped with a meter system that utilizes a distress button under §
										1017.24(e)
				  (relating to meter activation and display), a taxicab driver may not activate
				  the distress button except when the driver is in need of emergency assistance
				  by law enforcement or other emergency responders.
The provisions of this §
												1021.12 temporarily amended under
						53 Pa.C.S. §
													57B
						02.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1021 - TAXICAB DRIVERS › Section 1021.13 - Taxicab driver's certificate upon cancellation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A cancelled taxicab driver's certificate
				  may not be reinstated.
(b) An
				  individual subject to cancellation of a taxicab driver's certificate may not
				  apply to the Authority for a new driver's certificate, including a limousine
				  driver's certificate as provided in §
										1057.13 (relating to limousine
				  driver's certificate upon cancellation), for 2 years from the date the
				  cancellation was entered. If the individual subject to cancellation also holds
				  a limousine driver's certificate, that driver's certificate will be cancelled
				  with the taxicab driver's certificate.
(c) The circumstances related to the
				  cancellation of a taxicab driver's certificate will be considered by the
				  Authority when reviewing any subsequent application submitted by that
				  individual.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1021 - TAXICAB DRIVERS › Section 1021.14 - General taxicab driver reports

Current through Register Vol. 54, No. 28, July 13, 2024
A taxicab driver shall make timely written reports to the
					 Authority as required by the act, this part or an order of the Authority,
					 including the following reports which shall be made to the Manager of
					 Administration:
(1) Invalidation of a
				  driver's license for any reason must be reported with 48 hours.
(2) A change of address or telephone number,
				  or both, shall be reported within 15 days.
(3) A change of name shall be reported to the
				  Authority within 15 days of occurrence or if a court proceeding is required,
				  within 15 days of the court filing.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1021 - TAXICAB DRIVERS › Section 1021.15 - Taxicab driver reports after accident

Current through Register Vol. 54, No. 28, July 13, 2024
A taxicab driver who is involved in an accident while
					 driving a taxicab that results in property damage, personal injury or death
					 shall do the following:
(1) Stop
				  immediately.
(2) Provide driver's
				  license, registration, insurance, and other information required by law of the
				  Commonwealth, and the name of the taxicab's certificate holder.
(3) Report the details of the accident as
				  soon as practicable as follows to:
(i) The
				  police if required under
				  75 Pa.C.S. §
												3746
				  (relating immediate notice of accident to police department).
(ii) The certificate holder.
(iii) The Manager of Enforcement if required
				  under §
											1017.37 (relating to inspection
				  subsequent to vehicular accident or damage).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1021 - TAXICAB DRIVERS › Section 1021.16 - Service issues regarding people with disabilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If on-duty and not already transporting a
				  passenger, a taxicab driver shall stop the taxicab 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 and adhere to the
				  following procedure:
(1) If the service
				  request can be reasonably accommodated, the driver shall provide the
				  service.
(2) If the service request
				  cannot be reasonably accommodated, the driver shall call a dispatcher
				  immediately to arrange for service by the closest taxicab available that can
				  accommodate the person's request.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1021 - TAXICAB DRIVERS › Section 1021.17 - Partial-rights taxicab driver log

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  A taxicab driver providing service in a partial-rights taxicab shall maintain a
				  service log, whether maintained in paper or digital form, identifying all
				  taxicab service provided during each shift.
(b) The partial-rights taxicab service log
				  must identify all of the following information:
(1) The date of service.
(2) The taxicab driver's name and driver's
				  certificate number.
(3) The taxicab
				  number, the certificate holder and the dispatcher.
(4) The times and places of origin and
				  destination of each trip including the odometer or meter mileage at the origin
				  and destination of each passenger trip. Origin and destination places must
				  contain a street name and address or, if unavailable, an identifiable
				  landmark.
(5) A designation
				  indicating whether a trip resulted from a hail or through the
				  dispatcher.
(6) The fare paid for
				  the trip.
(7) The amount of any
				  gratuity paid to the taxicab driver.
(8) The number of passengers on each trip,
				  indicating separately each fare collected from each passenger or party of
				  passengers sharing the ride.
(9)
				  Each trip on which packages were delivered and the charge for the
				  trip.
(10) The signature of the
				  driver attesting to the accuracy of the data recorded.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1025 - INSURANCE REQUIRED › Section 1025.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise:
Form E
-The standard form filed by a
					 regulated party's insurer evidencing the existence of a current and valid
					 insurance policy or surety bond in the name of the insured and for lines of
					 coverage and with limits required by the Authority.
Form K
-The standard form filed by a
					 regulated party's insurer providing notice of cancellation of an insurance
					 policy or surety bond previously maintained to be in compliance with the act,
					 this part or an order of the Authority.
Self-insurer
-A certificate holder that
					 adjusts and is ultimately liable for payment of all or part of its bodily
					 injury, property or cargo damage claims resulting from the operation,
					 maintenance or use of a motor vehicle as a taxicab.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1025 - INSURANCE REQUIRED › Section 1025.2 - Insurance forms and procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Forms of notice.
(1)
				  Endorsements for policies of insurance and surety bonds, certificates of
				  insurance or for approval of other securities or agreements shall be made
				  through Form E.
(2) Notices of
				  cancellation for policies of insurance, surety bonds, certificates of insurance
				  and self-insurer status shall be made through Form K.
(3) Each provider of insurance and surety
				  bonds shall complete and file the Authority's Form INS-1 "Contact Information"
				  upon the first filing of a Form E in each calendar year and at any time during
				  the year when the contact information provided will change. A copy of the Form
				  INS-1 is available 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 1025 - INSURANCE REQUIRED › Section 1025.3 - Insurance required

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A regulated
				  party may not engage in taxicab service and the certificate of public
				  convenience will not be issued or remain in force, except as provided in §
										1025.4 (relating to applications
				  to self-insure) until there has been filed with and approved by the Authority a
				  certificate of insurance by an insurer authorized to do business in this
				  Commonwealth, to provide for the payment of valid accident claims against the
				  insured for bodily injury to or the death of a person, or the loss of or damage
				  to property of others resulting from the operation, maintenance or use of a
				  taxicab in the insured authorized service.
(b) The liability insurance maintained by a
				  taxicab certificate holder must conform to 75 Pa.C.S. Chapter 17 (relating to
				  Motor Vehicle Financial Responsibility Law). First party coverage of the
				  taxicab driver of taxicabs must meet the requirements in
				  75 Pa.C.S. §
											1711
				  (relating to required benefits).
(c) The certificate holder's loss history
				  with a current or former insurer shall be released to the Authority within 3
				  business days of a request by the Authority. The certificate holder shall
				  authorize any release required by the insurer to facilitate the timely delivery
				  of the loss history to the Authority.
(d) The Authority may direct insurers to file
				  proof of insurance both electronically and in hard copy.
(e) The limits in subsection (b) do not
				  include the insurance of cargo.
This section cited in 52 Pa. Code §
												1065.1 (relating to limousine
						insurance).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1025 - INSURANCE REQUIRED › Section 1025.4 - Applications to self-insure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  taxicab or limousine certificate holder may file an application with the
				  Authority to act as self-insurer of all or part of its bodily injury, property
				  damage or cargo damage claims. In support of its application, the applicant
				  shall submit a true and accurate statement of its financial condition which
				  establishes its capability to satisfy its insurance obligations as they become
				  due, a self-insurance plan which includes adequate security to protect the
				  public and a description of its safety program including its past accident
				  record. A self-insurance applicant shall agree in the application to grant the
				  Authority power to rescind approval of self-insurer status, without hearing, if
				  the Authority determines that the public interest demands it.
(b) In reviewing self-insurance applications,
				  the Authority will examine the following factors in determining whether
				  approval will be granted:
(1) The net worth of
				  the certificate holder in relationship to the size of its operation and the
				  nature and extent of its request for self-insurer status. The evidence must
				  demonstrate the certificate holder's financial capability to adjust and pay
				  insurance obligations as they become due before approval will be
				  granted.
(2) The organization of
				  the certificate holder's proposed self-insurance program including the adequacy
				  of security to protect the public. Security may be in the form, but is not
				  limited to, one or more of the following:
(i)
				  Reserves.
(ii) Sinking
				  funds.
(iii) Third party financial
				  guarantees.
(iv) Parent company or
				  affiliate sureties.
(v) Excess
				  insurance coverage.
(vi) Other
				  similar arrangements.
(3)
				  The effectiveness of the certificate holder's safety program. The Authority
				  will look closely at the average number and average cost of accident losses
				  over the past three years in determining whether self-insurance is
				  feasible.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1025 - INSURANCE REQUIRED › Section 1025.5 - Standards for adjustment and payment of claims

Current through Register Vol. 54, No. 28, July 13, 2024
Common carriers by motor vehicle, who are responsible to
					 the public for adjustment or payment of bodily injury, property damage or cargo
					 damage claims, or both, are prohibited from:
(1) Misrepresenting pertinent facts relating
				  to claims at issue.
(2) Failing to
				  acknowledge and act promptly upon written or oral communications with respect
				  to insurance claims.
(3) Failing to
				  adopt and implement reasonable standards for the prompt investigation of
				  claims.
(4) Refusing to pay claims
				  without conducting a reasonable investigation based upon available
				  information.
(5) Failing to affirm
				  or deny responsibility for claims within a reasonable time after proof of loss
				  statements have been completed and communicated to the carrier or its
				  representative.
(6) Not attempting
				  in good faith to effectuate prompt, fair and equitable settlements of claims in
				  which the carrier's liability has become reasonably clear.
(7) Compelling persons to institute
				  litigation to recover amounts due by offering substantially less than the
				  amounts due and ultimately recovered in actions brought by those
				  persons.
(8) Making claim payments
				  to claimants not accompanied by a statement defining which payments are being
				  made.
(9) Making known to claimants
				  a policy of appealing from arbitration awards in favor of claimants to induce
				  or compel them to accept settlements or compromises less than the amount
				  awarded in arbitration.
(10)
				  Delaying the investigation or payment of claims by requiring a physician to
				  submit a preliminary claim report and then requiring the subsequent submission
				  of formal proof of loss forms, both of which submissions contain substantially
				  the same information.
(11) Failing
				  to promptly provide a reasonable explanation in relation to the facts or
				  applicable law for denial of a claim or for the offer of a compromise
				  settlement.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1025 - INSURANCE REQUIRED › Section 1025.6 - Additional requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Providers of policies of insurance and surety bonds shall summarize as a
				  separate attachment from its policy any and all deviations of the policy from
				  the standard ISO form. The insurer shall have the insured sign the attachment
				  to the policy.
(b) If a provider of
				  a policy of insurance or surety bond is a surplus lines carrier, a Form 1609-PR
				  of the Insurance Department shall be submitted along with the Form E. The
				  Authority reserves the right to have surplus line carriers demonstrate denial
				  of coverage from insurance carriers that the Authority may be aware is
				  providing admitted coverage, if any.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1027 - SALE OF RIGHTS › Section 1027.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter establishes and prescribes Authority
					 regulations and procedures for the sale of certain rights issued by the
					 Authority.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1027 - SALE OF RIGHTS › Section 1027.2 - Transferable rights

Current through Register Vol. 54, No. 28, July 13, 2024
Only the following rights may be subject to sale:
(1) A certificate of public convenience to
				  provide partial-rights taxicab service.
(2) A certificate of public convenience to
				  provide dispatching services.
(3) A
				  medallion.
(4) A certificate of
				  public convenience to provide limousine service as provided in Subpart C
				  (relating to limousines).
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 1027 - SALE OF RIGHTS › Section 1027.3 - Authority approval of sale of rights

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Sale of transferable
				  rights.
The sale of transferable rights without advance approval of
				  the Authority is void by operation of law.
(b)
Sale of securities in
				  transferable rights.
The sale of securities in an entity that owns
				  transferable rights will be considered a sale under this chapter in either of
				  the following circumstances:
(1) The
				  securities to be transferred equal or exceed 5% of the issued securities in the
				  entity that holds an ownership interest in a transferrable right.
(2) Upon completion of the transfer the buyer
				  will own 5% or more of the issued securities in the entity that holds an
				  ownership interest in a transferrable right.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1027 - SALE OF RIGHTS › Section 1027.4 - Certificate required for medallion sales

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The proposed buyer of a medallion shall
				  own a medallion taxicab certificate on or before the date of
				  transfer.
(b) A proposed buyer that
				  does not own a medallion taxicab certificate on the date the sale application
				  is filed shall request a new medallion taxicab certificate through the sale
				  application as provided in §
										1027.6 (relating to application
				  for sale transferable rights).
This section cited in 52 Pa. Code §
												1027.12 (relating to approval
						process and closing on sale).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1027 - SALE OF RIGHTS › Section 1027.5 - Agreement of sale

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The parties to
				  a proposed sale of transferable rights shall complete an agreement of sale
				  detailing the terms of the transaction, including provisions required by this
				  chapter, and file the agreement with the Director.
(b) An agreement of sale for transferable
				  rights is void by operation of law if not executed by all parties in the
				  presence of the Director or a designee.
(c) The term of an agreement of sale for
				  transferable rights may not exceed 15 business days from the date of execution,
				  except when executed on the date the application for sale of transferable
				  rights is filed as provided in §
										1027.6 (relating to application
				  for sale of transferable rights).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1027 - SALE OF RIGHTS › Section 1027.6 - Application for sale of transferable rights

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Application documents.
(1) To initiate a sale, the owner and
				  proposed buyer shall file an original and one copy of Form No. SA-1 "Sale
				  Application," the agreement of sale or transfer and other documents required by
				  this chapter. The proposed buyer will be considered the applicant. The SA-1 is
				  available at
www.philapark.org/tld
.
(2) The SA-1 shall be filed in person with
				  the Director.
(3) The Director will
				  refuse to accept an application which is incomplete for any reason.
(4) Upon acceptance, the Director will submit
				  a copy of the application documents to the Clerk and an application docket
				  number will be assigned.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1027 - SALE OF RIGHTS › Section 1027.8 - Additional application requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Agreement of sale.
The
				  agreement of sale required under this chapter must include the information
				  required by the Authority, including the following:
(1) The parties to the transaction.
(2) A description of the
				  transaction.
(3) The identification
				  number of each right subject to sale.
(4) The total consideration for the sale and
				  for each right transferred if the sale involves multiple rights in United
				  States dollars, and any payment terms required by the Authority, including the
				  following:
(i) The assumption of any loan or
				  debt.
(ii) Contingencies and
				  nonmonetary consideration.
(iii)
				  Monetary consideration.
(5) An acknowledgement initialed by all
				  parties that the agreement is subject to the laws and jurisdiction of the
				  Commonwealth, the act, this part and orders of the Authority.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1027 - SALE OF RIGHTS › Section 1027.9 - Financial fitness generally

Current through Register Vol. 54, No. 28, July 13, 2024
The Authority will review the financial fitness of the
					 proposed buyer, including a review of all of the following:
(1) For proposed buyers of medallions or
				  partial-rights certificates, bank statements of the proposed buyer or the bank
				  statements of the holder of the stock or membership certificate evidencing
				  ownership of a bank account holding not less than the greater of $5,000 or 2%
				  of the sale price in unencumbered and available funds.
(2) For proposed buyers of dispatcher
				  certificates, bank statements of the proposed buyer or the bank statements of
				  the holder of the stock or membership certificate evidencing ownership of a
				  bank account holding not less than the greater of $5,000 or 2% of the sale
				  price in unencumbered and available funds.
(3) If the sale does not include financing by
				  a lender authorized to make commercial loans in this Commonwealth, the proposed
				  buyer shall submit documentation for the Authority's review to insure all of
				  the following requirements are met:
(i) The
				  credit report of each persons identified in §
											1027.7(b)(12)
				  (relating to required application information) evidencing a credit score of at
				  least 600 for each person.
(ii) The
				  absence of any outstanding and unappealed civil judgments against each of the
				  parties required to submit a criminal history report under §
				  1027.7(b)(12).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1027 - SALE OF RIGHTS › Section 1027.10 - Regulatory compliance review

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  An SA-1 will be denied if the proposed buyer has a record of regulatory
				  violations with the Authority or the PUC which evidences a disregard for the
				  public interest.
(b) The SA-1 will
				  be denied if the proposed buyer or any person with a controlling interest in
				  the proposed buyer or a key employee of the proposed buyer has been subject to
				  the suspension, revocation or cancellation of rights issued by the Authority or
				  common carrier rights issued by the PUC during the 1-year period immediately
				  preceding the date the SA-1 was filed with the Authority.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1027 - SALE OF RIGHTS › Section 1027.11 - Authority review

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Notice of
				  sale will be published in the
Pennsylvania Bulletin.
(b) The SA-1 will be reviewed as provided in
				  §
										1003.51 (relating to applications
				  generally).
(c) The SA-1 will be
				  denied if the proposed buyer or any person with a controlling interest in the
				  proposed buyer or a key employee of the proposed buyer is in violation of any
				  provision of this part or if the Authority determines that the sale is not in
				  the public interest. The SA-1 may be denied if the owner is in violation of any
				  provision of this part.
(d) The
				  Authority will review the terms of any loan associated with an SA-1 and deny
				  the application in the circumstances in this subsection. The terms of any loan
				  associated with an SA-1 are likely to lead to a condition of default by the
				  proposed buyer. The Authority will specifically review the following provisions
				  of any loan agreement to assure it does not conflict with the public interest:
(1) The term.
(2) The interest rate or rates, including any
				  adjustable rate or balloon provisions.
(3) Late payment grace periods.
(4) Conditions of default.
(5) Periods in which defaults may be
				  cured.
(6) The qualifications,
				  experience and history of the lender related to commercial loans and loans to
				  public utilities.