Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart C - Limousines › Chapter 1051 - GENERAL PROVISIONS › Section 1051.2 - 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 indicates otherwise:
Broker
-An individual authorized by the
					 Authority as provided in §
										1061.1 (relating to broker
					 registration) to prepare application-related documents, appear at settlement
					 and otherwise act on behalf of a party as to matters related to the sale or
					 transfer of transferable rights.
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.
Department of Transportation
-The
					 Department of Transportation of the Commonwealth of Pennsylvania.
Driver history report
-A driver's license
					 report issued by the Department of Transportation or similarly authorized
					 government entity in another jurisdiction of the United States 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 any power, right or security if it does so
					 through an interest in a subsidiary or successive subsidiaries.
Inspector
-Enforcement Department
					 uniformed or non-uniformed 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 regulated
					 person.
Limousine certificate
-A certificate
					 granting the owner the right to operate a class of limousine service under this
					 subpart.
Limousine driver's certificate
-The
					 original photographic identification card issued by the Authority which
					 confirms that an individual has complied with Chapter 1057 (relating to
					 limousine drivers) and is authorized to provide limousine service under section
					 5706 of the act (relating to driver certification program).
Major violation
-A suspension or
					 cancellation of a state-issued driver's license as a result of a moving
					 violation.
Moving violation
-A violation issued by the
					 Commonwealth or any of its political subdivisions for a violation of 75 Pa.C.S.
					 (relating to Vehicle Code), or under a similar statute under any other
					 jurisdiction, that upon conviction of the violation points are assessed against
					 the driver's license.
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.
Proposed buyer
-The party seeking to
					 acquire an ownership interest in a certificate.
Traffic violations
-Any debt owed the
					 Commonwealth or one of its political subdivisions for violations of 75 Pa.C.S.
					 that is not under appeal.
Transfer fee
-The nonrefundable fee charged
					 by the Authority to review an application to sell transferable
					 rights.
The provisions of this §
												1051.2 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 §
												1057.4 (relating to ineligible
						persons for limousine driver certificate); and 52 Pa. Code §
												1059.6 (relating to required
						application information).