Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1001 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 1001.10 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Subject to
					 additional definitions contained in sub-parts which are applicable to specific
					 chapters or subchapters, the following words and terms, when used in this part,
					 have the following meanings, unless the context clearly indicates otherwise:
Act
-53 Pa.C.S. Chapters 55, 57, 57A and
						57B.
Adjudication
-An order, decree, decision,
						determination or ruling by the Authority affecting personal or property rights,
						privileges, immunities, duties, liabilities or obligations of the parties to
						the proceeding in which the adjudication is made.
Adversarial proceeding
-A proceeding
						initiated by a person to seek Authority approvals, tariff changes, enforcement,
						remedies, issuance of fines or other relief by order of the Authority which is
						contested by one or more other persons and which will be decided on the basis
						of a formal record.
Applicant
-A person, who on his own
						behalf or on behalf of another, is applying for permission to engage in an act
						or activity which is regulated under the act or this part.
Approved, approval
or
approve
-The date that an application to the Authority is
						granted regardless of the pendency of administrative or judicial appeals or
						other legal action challenging the decision of the Authority.
Arrest
-Detaining, holding or taking into
						custody by police or other law enforcement authorities to answer for an alleged
						commission of an offense.
Authority
-The Philadelphia Parking
						Authority.
Authorized agent
-A person with
						permission to legally act on behalf of the filing user.
Board
-A quorum of the members of the
						Philadelphia Parking Authority appointed under
						5508.1
						(relating to special provisions for authorities in cities of the first
						class).
Broker
-An individual authorized by the
						Authority as provided in
						1029.8
						(relating to broker registration approval) to prepare application related
						documents, appear at settlements, and otherwise act on behalf of a party as to
						matters related to the sale or transfer of transferable rights.
Call or demand service
-Local common
						carrier service for passengers, rendered on an exclusive basis, when the
						service is characterized by the fact that passengers normally hire the vehicle
						and its driver either by telephone call or by hail, or both.
Certificate
-
(i) A certificate of public convenience
					 issued by the Authority under the act.
(ii) The term does not include a driver's
					 certificate or broker registration.
Certificate holder
-The person to whom a
						certificate is issued.
City of Philadelphia
or
Philadelphia
-A city of the first class in this
						Commonwealth.
Clerk
-The Authority employee with whom
						pleadings and other documents are filed, and with whom official records are
						kept under
						1001.5
						(relating to office of the Clerk) and as otherwise provided for in this
						part.
Common carrier
-
(i) A common carrier by motor vehicle, within
					 the scope of the act, who or which holds out or undertakes, directly or
					 indirectly, the transportation of passengers within the City of Philadelphia by
					 motor vehicle for compensation.
(ii)
					 The term does not include common carriers by rail, water or air, and express or
					 forwarding public utilities insofar as the common carriers or public utilities
					 are engaged in these motor vehicle operations.
Compensation
-A thing of value, money or
						a financial benefit conferred on or received by a person in return for services
						rendered, or to be rendered, whether by that person or another.
Contested complaint
-A formal
						complaint.
Conviction
-A finding of guilt or a plea
						of guilty or nolo contendere whether or not a judgment of sentence has been
						imposed as determined by the law of the jurisdiction in which the prosecution
						was held relating to any of the following:
(i) A crime for any of the following within
					 the preceding 7 years:
(A) A felony conviction
					 involving theft.
(B) A felony
					 conviction for fraud.
(C) A felony
					 conviction for a violation of The Controlled Substance, Drug, Device and
					 Cosmetic Act (35 P.S. §§
														780-101-780-144).
(D) A felony conviction under
					 18 Pa.C.S. §
														2706
					 (relating to terroristic threats) or a similar statute in another
					 jurisdiction.
(ii) A
					 crime for any of the following within the preceding 10 years:
(A) Use of a motor vehicle to commit a
					 felony.
(B) Burglary or
					 robbery.
(iii) A crime
					 for any of the following at any time:
(A) A
					 sexual offense under
					 42 Pa.C.S. §
														9799.14(c) or
					 (d) (relating to sexual offenses and tier
					 system) or similar offenses under the laws of another jurisdiction or under a
					 former law of the Commonwealth.
(B)
					 A crime of violence as defined in
					 18 Pa.C.S. §
														5702
					 (relating to definitions).
(C) An
					 act of terror.
Criminal history report
-The report
						issued by the State Police, similar government entity in a jurisdiction outside
						this Commonwealth or a third-party report which will identify any convictions
						associated with an individual. A third-party report shall be conducted on a
						local and National background check, which must include a multistate or
						multijurisdictional criminal records locator or other similar Nationwide
						database with primary source validation and a review of the United States
						Department of Justice's National Sex Offender Public Website.
Director
-The Director of the Authority's
						Taxicab and Limousine Division as provided in
						1003.72
						(relating to TLD staffing generally).
Dispatcher
-
(i) The owner of a certificate of public
					 convenience to operate a dispatching service in Philadelphia issued by the
					 Authority under section 5711(c)(6) of the act (relating to power of authority
					 to issue certificates of public convenience) and Chapter 1019 (relating to
					 dispatchers).
(ii) The term
					 includes a wheelchair accessible vehicle (WAV) taxicab dispatcher as provided
					 in §
												1011.2 (relating to
					 definitions).
Electronic mail
or
email
-A means of dispatching or receiving notice or a
						submittal in relation to an Authority matter through electronic means.
Enforcement Department
-The department of
						the TLD created under
						1003.74
						(relating to Enforcement Department).
Enforcement proceeding
-A proceeding
						initiated by the Authority through the issuance of a formal complaint averring
						any violation of the act, this part or an order of the Authority.
Exclusive service
-Transportation on a
						given trip when the first or principal person, party or group hiring the
						vehicle has the exclusive right to determine where, when or if another
						passenger shall be carried on that trip.
Executive Director
-The Authority's chief
						operating officer.
Ex parte communication
-
(i) Any off-the-record communications
					 regarding a pending matter before the Authority or which may reasonably be
					 expected to come before the Board in a contested on-the-record
					 proceeding.
(ii) The term does not
					 include off-the-record communications by and between members, staff and
					 employees of the Authority, the PUC, the State Police, the Attorney General or
					 other law enforcement officials necessary for their official duties under this
					 part.
Fiscal year
-The period which begins on
						July 1 and terminates the following June 30.
Formal complaint
-A written document
						filed with the Clerk initiating an enforcement action as provided in Chapter
						1005 (relating to formal proceedings).
Formal proceeding
-A matter intended to
						produce a formal record.
Formal record
-The pleadings and
						submittals in a matter or proceeding, a notice or Authority order initiating
						the matter or proceeding, and if a hearing is held, the following: the
						designation of the presiding officer, transcript of hearing, exhibits received
						in evidence, offers of proof, motions, stipulations, subpoenas, proofs of
						service, references to the Authority and determinations made by the Authority
						thereon, certifications to the Authority, and anything else upon which action
						of the presiding officer or the Authority may be based.
Friendly
						cross-examination
-Cross-examination of a witness by a party who does
						not disagree with the witness' position on an issue.
General Counsel
-The chief legal counsel
						to the Authority.
Individual
-A natural person.
Informal complaint
-A document or
						communication to the Authority seeking action on a matter as provided in
						1003.41
						(relating to form and content of informal complaints).
Informal investigation
-A matter
						initiated by the Authority staff that may result in a formal complaint, a
						settlement or other resolution of the matter or termination by letter.
Limousine
-A vehicle authorized to by the
						Authority to provide limousine service.
Limousine driver
-The individual to whom
						a current and valid limousine driver's certificate has been issued by the
						Authority under section 5706 of the act (relating to driver certification
						program).
Limousine service
-The term as defined in
						section 5701 of the act (relating to definitions).
Manager of Administration
-The individual
						appointed to manage the Administration Department of the TLD as provided in
						1003.72.
						The Manager of Administration may be contacted at TLD Headquarters or by email
						at TLDAdmin@philapark.org.
Manager of Enforcement
-The individual
						appointed to manage the Enforcement Department of the TLD as provided in
						1003.74.
						The Manager of Enforcement may be contacted at TLD Headquarters or by email at
						TLDEnforcement@philapark.org
Nonadversarial proceeding
-A proceeding
						initiated by a person which is not contested or a proceeding initiated by the
						Authority or at the request of a person to develop regulations, policies,
						procedures, technical rules or interpretations of law.
PUC
-The Pennsylvania Public Utility
						Commission.
Party
-
(i) A person who appears in a proceeding
					 before the Authority, including interveners, protestants, petitioners,
					 respondents and certificate holders.
(ii) The term includes the interests of the
					 Authority which may be represented by the Enforcement Department, the TLD,
					 other Authority staff or trial counsel, or all of them.
Person
-Except as otherwise provided in
						this part or in the act, a natural person, corporation, foundation,
						organization, business trust, estate, limited liability company, licensed
						corporation, trust, partnership, limited liability partnership, association,
						representatives, receivers, agencies, governmental entities, municipalities or
						other political subdivisions or other form of legal business entity.
Petitioners
-Persons seeking relief, not
						otherwise designated in this section.
Pleading
-An application, complaint,
						petition, answer, motion, preliminary objection, protest, reply, new matter and
						reply to new matter or other similar document filed in a formal
						proceeding.
Presiding officer
-
(i) A member or members of the Authority's
					 Board, or other person designated by the Authority or this part to conduct
					 proceedings.
(ii) A hearing officer
					 as used in section 5705 of the act (relating to contested
					 complaints).
(iii) This definition
					 supersedes 1 Pa. Code §
												31.3 (relating to
					 definitions).
Proof of service
-A
					 certificate of service which complies with
					 1001.55 and
					 1001.56
					 (relating to proof of service; and form of certificate of service).
Protestants
-Persons objecting on the
						ground of private or public interest to the approval of an application or other
						matter which the Authority may have under consideration.
Recommended decision
-An opinion and
						order submitted for the approval of the Authority by the presiding
						officer.
Regulated person
or
regulated
						party
-A certificate holder, broker, taxicab driver or other person
						subject to the act.
Respondents
-Persons subject to a statute
						or other delegated authority administered by the Authority who are required to
						respond to an order or notice issued by the Authority instituting a proceeding
						or investigation on its own initiative or otherwise.
Rights
-A certificate of public
						convenience, driver's certificate, registration or waiver issued to a regulated
						party by the Authority under the act.
Sale
-A change in ownership of a
						transferable right, including a change in ownership of securities in an entity
						that owns transferable rights.
Securities
-The term as defined in
						section 102 of the Pennsylvania Securities Act of 1972 (70 P. S.
						1-102).
Staff
-Employees or agents of the
						Authority assigned to implement the act, this part or an order of the
						Authority.
State Police
-The Pennsylvania State
						Police.
Submittal
-An application, amendment,
						exhibit or similar document involving matters filed in an adversarial or
						nonadversarial proceeding.
TLD
-
Taxicab and Limousine
						Division
-The division of the Authority comprised of staff assigned to
						implement the purposes of the act, this part and the orders of the
						Authority.
TLD Headquarters
-The office of the TLD
						identified on the Authority's web site at
www.philapark.org/tld
. Unless specifically
						provided otherwise, communications with any Authority staff member shall be
						directed to TLD Headquarters.
Taxicab
-
(i) A motor vehicle designed for carrying no
					 more than eight passengers, exclusive of the driver, as defined in section 5701
					 of the act and certified by the Authority under the act, this part or an order
					 of the Authority.
(ii) The term
					 includes partial-rights taxicabs, medallion taxicabs and other vehicles
					 authorized by the Authority to provide call or demand service.
Taxicab certificate
-
(i) A certificate issued by the Authority
					 authorizing the holder to provide taxicab service under the act, this part or
					 an order of the Authority.
(ii) The
					 term includes medallion taxicab certificates and partial-rights taxicab
					 certificates.
Taxicab driver
-The individual to whom a
						current and valid taxicab driver's certificate has been issued by the Authority
						under section 5706 of the act.
(i) The
					 individual to whom a current and valid taxicab driver's certificate has been
					 issued by the Authority under section 5706 of the act.
(ii) The term includes a WAV taxicab driver
					 as provided in § 1011.2.
Taxicab driver's certificate
-The
						original photographic identification card issued by the Authority which
						confirms that an individual has complied with Chapter 1021 (relating to taxicab
						drivers) and is authorized to provide taxicab service under section 5706 of the
						act.
Taxicab service
-
(i) The transportation of passengers or
					 offering to transport passengers in a taxicab as a common carrier call or
					 demand service in Philadelphia.
(ii)
					 The term includes the stopping, standing or parking of a taxicab in a taxicab
					 stand line or other location commonly used by the public to access
					 taxicabs.
(iii) The term includes
					 partial-rights taxicabs, medallion taxicabs and other vehicles authorized by
					 the Authority to provide call or demand service.
Transferable rights
-Rights issued by the
						Authority and identified as transferable in
						1027.2
						(relating to transferable rights).
Trial counsel
-An attorney admitted to
						practice law before the Supreme Court of Pennsylvania who is assigned to the
						Office of Trial Counsel to prosecute complaints on behalf of the Authority as
						provided in
						1003.75
						(relating to Office of Trial Counsel).
Verification
-When used in reference to a
						written statement of fact by the signer, the term means supported by one of the
						following:
(i) An oath or affirmation
					 before an officer authorized by law to administer oaths, or before a particular
					 officer or individual designated by law as one before whom it may be taken, and
					 officially certified to in the case of an officer under seal of
					 office.
(ii) An unsworn statement
					 made subject to the penalties in 18 Pa.C.S.
					 4904
					 (relating to unsworn falsification to authorities).