Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1011 - GENERAL PROVISIONS › Section 1011.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this subpart,
					 have the following meanings, unless the context clearly indicates
					 otherwise:
Controlling interest
-
(i) A controlling interest is an interest in
				  a legal entity, applicant or certificate holder if a person's voting rights
				  under state law or corporate articles or bylaws entitle the person to elect or
				  appoint one or more of the members of the board of directors or other governing
				  board or the ownership or beneficial holding of 5% or more of the securities of
				  the corporation, partnership, limited liability company or other form of legal
				  entity, unless this presumption of control or ability to elect is rebutted by
				  clear and convincing evidence. A member, partner, director or officer of a
				  corporation, partnership, limited liability company or other form of legal
				  entity is deemed to have a controlling interest.
(ii) A person who owns or beneficially holds
				  less than 5% of the securities of a privately held domestic or foreign
				  corporation, partnership, limited liability company or other form of privately
				  held legal entity shall be deemed as having rebutted the presumption of control
				  by clear and convincing evidence.
Dispatcher's certificate
-A certificate
					 issued by the Authority to a dispatcher.
Driver history report
-A driver's license
					 report containing details about a driver's history including accidents and
					 violations issued by a jurisdiction within the United States.
Driver's license
-A license or permit to
					 operate a motor vehicle issued by the Department of Transportation or similarly
					 authorized government entity in another jurisdiction of the United
					 States.
Federal Tax Identification number
-The
					 Social Security number of an individual or the Employer Identification number
					 of a business entity, fiduciary or other person.
Holding company
-A person, other than an
					 individual, which, directly or indirectly, owns, has the power or right to
					 control or to vote 20% or more of the outstanding voting securities of a
					 corporation or other form of business organization. A holding company
					 indirectly has, holds or owns the power, right or security if it does so
					 through an interest in a subsidiary or successive subsidiaries.
Inspector
-Enforcement Department uniformed
					 or nonuniformed staff assigned to investigate and enforce the act, this part
					 and orders of the Authority who will be identifiable by an Authority issued
					 badge number.
Key employee
-An individual who is employed
					 in a director or department head capacity and who is empowered to make
					 discretionary decisions that affect the operations of an applicant or a
					 regulated person.
Limousine certificate
-A certificate
					 granting the owner the right to operate a class of limousine service as
					 provided in Subpart C (relating to limousines).
Medallion
-A piece of metal in a shape and
					 with a color to be determined by the Authority which is to be affixed to a
					 vehicle by Authority staff before that vehicle may provide citywide taxicab
					 service.
Medallion lienholder
-A person holding a
					 recorded lien against a medallion as provided under section 5713 of the act
					 (relating to property and licensing rights) and §
										1013.21 (relating to notice of
					 medallion lien).
Medallion number
-The number assigned to
					 and placed on a particular medallion by the Authority, under §
										1017.14 (relating to taxicab
					 numbering).
Medallion taxicab
-A taxicab certified by
					 the Authority to provide citywide taxicab service and affixed with a medallion
					 by the Authority as provided in §
										1013.2 (relating to attachment of
					 a medallion) and section 5714(a) of the act (relating to certificate and
					 medallion required).
Medallion taxicab certificate
-A
					 certificate granting the owner the right to operate one or more medallion
					 taxicabs under this part.
Moving violations
-Any debt owed to the
					 Commonwealth or one of its political subdivisions for violations of 75 Pa.C.S.
					 (relating to Vehicle Code) that is not under appeal.
Parking violations
-Any debt owed to the
					 City of Philadelphia related to a violation of the Philadelphia Traffic Code
					 (12 Phila. Code §
										§ 100-3012) that is not under appeal.
Partial-rights taxicab-A taxicab authorized by the
					 Authority to provide common carrier call or demand transportation of persons
					 for compensation on a non-citywide basis, under Chapter 1015 (relating to
					 partial-rights taxicabs) and section 5711(c)(2.1 ) of the act (relating to
					 power of authority to issue certificates of public convenience) and 5714(d)(2)
					 of the act.
Partial-rights taxicab certificate
-A
					 certificate granting the owner the right to operate one or more partial-rights
					 taxicabs under this part.
Proposed buyer
-The party seeking to
					 acquire an ownership interest in a medallion or certificate, as the context
					 provides.
Transfer fee
-The nonrefundable fee charged
					 by the Authority to review an application to sell transferable rights.
WAV medallion
-A medallion restricted to
					 use on a wheelchair accessible vehicle (WAV) taxicab.
WAV medallion taxicab
-A taxicab to which a
					 WAV medallion is attached by the Authority as provided in this chapter.
WAV taxicab
-A motor vehicle authorized by
					 the Authority to provide taxicab service that meets the requirements of a
					 "wheelchair accessible taxicab" as defined in section 5701 of the act (relating
					 to definitions) and §
										1017.8 (relating to wheelchair
					 accessible vehicle taxicab specifications).
WAV taxicab dispatcher
-A dispatcher
					 approved by the Authority to dispatch WAV taxicabs as provided in §
										1019.8(b)
					 (relating to dispatcher requirements).
WAV taxicab driver
-The individual to whom
					 a current and valid WAV taxicab driver's certificate has been issued by the
					 Authority under section 5706 of the act (relating to driver certification
					 program) and §
										1021.5a (relating to special
					 wheelchair accessible vehicle taxicab driver's certificate and
					 requirements).
WAV taxicab driver's certificate
-The
					 original photographic identification card issued by the Authority which
					 confirms that an individual has complied with section 5706 of the act and
					 §
										1021.8 (relating to certain
					 training subjects).
Wheelchair
-
(i) A mobility aid belonging to any class of
				  three-wheeled or four-wheeled devices, usable indoors, designed for and used by
				  individuals with mobility impairments, whether operated manually or powered.
(ii) A common wheelchair is a
				  device which does not exceed 32 inches in width and 48 inches in length
				  measured 2 inches above the ground and does not weigh more than 600 pounds when
				  occupied.
(iii) The term as further
				  defined by 49 CFR
				  37.3 (relating to definitions) or its
				  successor regulation.
The provisions of this §
												1011.2 temporarily amended under
						53 Pa.C.S. §
													57B
						02.
This section cited in 52 Pa. Code §
												1001.10 (relating to definitions);
						52 Pa. Code §
												1011.9 (relating to taxicab
						service limitations); 52 Pa. Code §
												1019.3 (relating to dispatcher
						application); 52 Pa. Code §
												1021.4 (relating to ineligible
						persons for taxicab driver certificate); and 52 Pa. Code §
												1027.7 (relating to required
						application information).