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HOUSE AMENDED
PRIOR PRINTER'S NOS. 1220, 1374, 1440
PRINTER'S NO. 1753
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
984
Session of
2015
INTRODUCED BY BARTOLOTTA, WHITE, VANCE, ALLOWAY, ARGALL,
SMUCKER, STEFANO, WAGNER, WARD, McILHINNEY, CORMAN AND
MENSCH, SEPTEMBER 8, 2015
AS REPORTED FROM COMMITTEE ON CONSUMER AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 4, 2016
AN ACT
Amending Titles 53 (Municipalities Generally), 66 (Public
Utilities) and 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in taxicabs and limousines in first class cities,
further providing for definitions and for certificate of
public convenience required; PROVIDING FOR TRANSPORTATION
NETWORK COMPANIES; in general provisions, further providing
for definitions; in powers and duties, providing for power of
commission to confiscate, impound and sell vehicles; in
contract carrier by motor vehicle and broker, further
providing for declaration of policy and definitions;
providing for motor carrier regulations and for
transportation network service; and, in general provisions,
further providing for definitions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "call or demand service" or
"taxicab service" and "limousine service" in section 5701 of
Title 53 of the Pennsylvania Consolidated Statutes are amended
to read:
§ 5701. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
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context clearly indicates otherwise:
* * *
"Call or demand service" or "taxicab service." Local common
carrier service for passengers, rendered on either an exclusive
or nonexclusive basis, where 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. The term does not
include transportation network service as defined in 66 Pa.C.S.
§ 102 (relating to definitions) or limousine service.
* * *
"Limousine service."
(1) Except as provided in paragraph (2), a motor vehicle
providing any of the following services:
(i) Local, nonscheduled common carrier service for
passengers on an exclusive basis for compensation.
(ii) Common carrier service for passengers for
compensation:
(A) from any airport, railroad station or hotel
located in whole or in part in a city of the first
class; or
(B) to any airport, railroad station or hotel
located in whole or in part in a city of the first
class from a point within the city of the first
class.
(2) The term does not include any of the following:
(i) Taxicab service.
(ii) Service that was otherwise exempt from the
jurisdiction of the Pennsylvania Public Utilities
Commission prior to the effective date of this
subparagraph.
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(iii) Other paratransit service.
(iv) Employee commuter van pooling.
(v) A vehicle with a seating capacity of 16 or more
persons, including the driver.
(vi) Transportation network service as defined in 66
Pa.C.S. § 102 (relating to definitions).
* * *
Section 1.1. Section 5741(c) of Title 53 is amended to read:
§ 5741. Certificate of public convenience required.
* * *
(c) Restrictions.--
(1) Certificates issued pursuant to this subchapter
shall be nontransferable unless a transfer is approved by the
authority.
(2) A limousine service provider operating pursuant to
an authority-issued certificate of public convenience and a
filed tariff permitting the limousine service provider to
charge mileage-based rates on the effective date of this
paragraph shall be permitted to continue to charge mileage-
based rates and to be regulated in the same manner as
traditional limousine service providers.
* * *
SECTION 1.2. TITLE 53 IS AMENDED BY ADDING A CHAPTER TO READ:
CHAPTER 57A
TRANSPORTATION NETWORK COMPANIES
SEC.
57A01. DEFINITIONS.
57A02. LICENSE REQUIRED.
57A03. APPLICATION.
57A04. QUALIFICATIONS FOR LICENSURE.
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57A05. LICENSE ISSUANCE AND APPEAL OF DENIAL.
57A06. LICENSE ENFORCEMENT.
57A06.1. APPEALS GENERALLY.
57A07. INSURANCE REQUIREMENTS.
57A08. VEHICLE OWNERSHIP AND STANDARDS.
57A09. VEHICLE INSPECTIONS.
57A10. DISTINCTIVE SIGNAGE.
57A11. TRANSPORTATION NETWORK SERVICE ACCESSIBILITY.
57A12. TRANSPORTATION NETWORK COMPANY DRIVERS.
57A13. INTOXICATING SUBSTANCE POLICY.
57A14. REPORTING REQUIREMENT.
57A15. DRIVER CREDENTIALS.
57A16. OPERATING REGULATIONS.
57A17. FARE RATES.
57A18. RECORDS AND REPORTS.
57A19. PENALTIES.
57A20. IMPOUNDMENT OF VEHICLES.
57A21. ENFORCEMENT AND RULES AND REGULATIONS.
57A22. TRANSPORTATION NETWORK SERVICE FUND.
§ 57A01. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"AUTHORITY." A PARKING AUTHORITY OF A CITY OF THE FIRST
CLASS ESTABLISHED AND INCORPORATED IN ACCORDANCE WITH 53 PA.C.S.
CH. 55 (RELATING TO PARKING AUTHORITIES).
"CITY." A CITY OF THE FIRST CLASS AS DEFINED BY THE ACT OF
JUNE 25, 1895 (P.L.275, NO.188), ENTITLED "AN ACT DIVIDING THE
CITIES OF THIS STATE INTO THREE CLASSES WITH RESPECT TO THEIR
POPULATION, AND DESIGNATING THE MODE OF ASCERTAINING AND
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CHANGING THE CLASSIFICATION THEREOF IN ACCORDANCE THEREWITH."
"DIGITAL NETWORK." AN ONLINE-ENABLED APPLICATION, SOFTWARE,
WEBSITE OR SYSTEM OFFERED OR UTILIZED BY A TRANSPORTATION
NETWORK COMPANY THAT ENABLES THE PREARRANGEMENT OF RIDES WITH
TRANSPORTATION NETWORK COMPANY DRIVERS.
"DYNAMIC PRICING." A TRANSPORTATION NETWORK COMPANY'S
PRACTICE OF ADJUSTING THE CALCULATION USED TO DETERMINE FARES AT
CERTAIN TIMES AND LOCATIONS IN RESPONSE TO THE SUPPLY OF
TRANSPORTATION NETWORK COMPANY DRIVERS OR DEMAND FOR
TRANSPORTATION NETWORK COMPANY DRIVERS' SERVICES.
"LICENSE." PROOF OF THE AUTHORITY'S APPROVAL AUTHORIZING A
TRANSPORTATION NETWORK COMPANY TO OPERATE A TRANSPORTATION
NETWORK COMPANY IN ACCORDANCE WITH THIS CHAPTER. THE TERM DOES
NOT INCLUDE A CERTIFICATE OF PUBLIC CONVENIENCE AS DESCRIBED
UNDER SECTION 5741 (RELATING TO CERTIFICATE OF PUBLIC
CONVENIENCE REQUIRED).
"PERSONAL VEHICLE." AS FOLLOWS:
(1) A VEHICLE THAT IS USED BY A TRANSPORTATION NETWORK
COMPANY DRIVER AND IS OWNED, LEASED OR OTHERWISE AUTHORIZED
FOR USE BY THE TRANSPORTATION NETWORK COMPANY DRIVER.
(2) THE TERM DOES NOT INCLUDE:
(I) A CALL OR DEMAND SERVICE OR LIMOUSINE SERVICE AS
DEFINED UNDER SECTION 5701 (RELATING TO DEFINITIONS);
(II) A PARATRANSIT SERVICE REGULATED BY THE
PENNSYLVANIA PUBLIC UTILITY COMMISSION UNDER 52 PA. CODE
§§ 29.353 (RELATING TO METHOD OF OPERATION IN PARATRANSIT
SERVICE), 29.354 (RELATING TO VEHICLE AND EQUIPMENT
REQUIREMENTS: PARATRANSIT SERVICE) AND 29.355 (RELATING
TO TARIFF REQUIREMENTS); OR
(III) A VEHICLE OPERATED UNDER A RIDESHARING
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ARRANGEMENT OR BY A RIDESHARING OPERATOR AS DEFINED UNDER
THE ACT OF DECEMBER 14, 1982 (P.L.1211, NO.279), ENTITLED
"AN ACT PROVIDING FOR RIDESHARING ARRANGEMENTS AND
PROVIDING THAT CERTAIN LAWS SHALL BE INAPPLICABLE TO
RIDESHARING ARRANGEMENTS."
(3) A VEHICLE OPERATED IN A SHARED-EXPENSE ARRANGEMENT
WHERE AN INDIVIDUAL RECEIVES REIMBURSEMENT THAT DOES NOT
EXCEED THE ACTUAL COSTS INCURRED WHILE PROVIDING
TRANSPORTATION.
"PREARRANGED RIDE." THE PROVISION OF TRANSPORTATION BY A
TRANSPORTATION NETWORK COMPANY DRIVER TO A PASSENGER,
ORIGINATING IN A CITY AND BEGINNING WHEN A TRANSPORTATION
NETWORK COMPANY DRIVER ACCEPTS A RIDE REQUESTED BY A PASSENGER
THROUGH A DIGITAL NETWORK, CONTINUING WHILE THE DRIVER
TRANSPORTS THE PASSENGER AND ENDING WHEN THE LAST PASSENGER
DEPARTS FROM THE PERSONAL VEHICLE. FOR PURPOSES OF THIS CHAPTER,
A PREARRANGED RIDE DOES NOT INCLUDE:
(1) TRANSPORTATION PROVIDED USING A CALL OR DEMAND
SERVICE OR LIMOUSINE SERVICE AS DEFINED UNDER SECTION 5701
(RELATING TO DEFINITIONS);
(2) PARATRANSIT SERVICE REGULATED BY THE PENNSYLVANIA
PUBLIC UTILITY COMMISSION UNDER 52 PA. CODE §§ 29.353
(RELATING TO METHOD OF OPERATION IN PARATRANSIT SERVICE),
29.354 (RELATING TO VEHICLE AND EQUIPMENT REQUIREMENTS:
PARATRANSIT SERVICE) AND 29.355 (RELATING TO TARIFF
REQUIREMENTS);
(3) A DRIVER OPERATING UNDER RIDESHARING ARRANGEMENT OR
RIDESHARING OPERATOR AS DEFINED UNDER THE ACT OF DECEMBER 14,
1982 (P.L.1211, NO.279), ENTITLED "AN ACT PROVIDING FOR
RIDESHARING ARRANGEMENTS AND PROVIDING THAT CERTAIN LAWS
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SHALL BE INAPPLICABLE TO RIDESHARING ARRANGEMENTS"; OR
(4) A SHARED-EXPENSE ARRANGEMENT WHERE AN INDIVIDUAL
RECEIVES REIMBURSEMENT THAT DOES NOT EXCEED THE ACTUAL COSTS
INCURRED WHILE PROVIDING TRANSPORTATION.
"TRANSPORTATION NETWORK COMPANY" OR "TNC." A PERSON OR
ENTITY THAT OBTAINS A LICENSE TO OPERATE A TRANSPORTATION
NETWORK SERVICE BY THE AUTHORITY AND USES A DIGITAL NETWORK TO
FACILITATE PREARRANGED RIDES.
"TRANSPORTATION NETWORK COMPANY DRIVER" OR "DRIVER." AN
INDIVIDUAL WHO:
(1) RECEIVES CONNECTIONS TO POTENTIAL PASSENGERS AND
RELATED SERVICES FROM A TRANSPORTATION NETWORK COMPANY, IN
EXCHANGE FOR PAYMENT OF A FEE TO THE TRANSPORTATION NETWORK
COMPANY.
(2) USES A PERSONAL VEHICLE TO OFFER OR PROVIDE A
PREARRANGED RIDE TO PASSENGERS UPON CONNECTION THROUGH A
DIGITAL NETWORK CONTROLLED BY A TRANSPORTATION NETWORK
COMPANY IN RETURN FOR COMPENSATION OR PAYMENT OF A FEE.
THE TERM SHALL NOT INCLUDE AN INDIVIDUAL WHO RECEIVES
REIMBURSEMENT THAT DOES NOT EXCEED THE ACTUAL COSTS INCURRED
WHILE PROVIDING TRANSPORTATION.
"TRANSPORTATION NETWORK COMPANY PASSENGER" OR "PASSENGER." A
PERSON WHO USES A DIGITAL NETWORK TO CONNECT WITH A
TRANSPORTATION NETWORK COMPANY DRIVER WHO PROVIDES PREARRANGED
RIDES TO THE PASSENGER IN THE DRIVER'S PERSONAL VEHICLE.
"TRANSPORTATION NETWORK SERVICE" OR "SERVICE." AS FOLLOWS:
(1) A SERVICE WHICH MEETS ALL OF THE FOLLOWING:
(I) MATCHES A PASSENGER AND TRANSPORTATION NETWORK
COMPANY DRIVER USING A DIGITAL NETWORK IN ADVANCE OF A
PREARRANGED RIDE.
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(II) IS CHARACTERIZED BY A TRANSPORTATION NETWORK
COMPANY DRIVER OFFERING OR PROVIDING A PREARRANGED RIDE
TO A PASSENGER.
(III) ORIGINATES WITHIN THE CITY.
(IV) IS RENDERED ON AN EXCLUSIVE BASIS.
FOR PURPOSES OF THIS PARAGRAPH, THE TERM "EXCLUSIVE
BASIS" MEANS A TRANSPORTATION NETWORK SERVICE ON A GIVEN
PREARRANGED RIDE WHEN EACH INDIVIDUAL, PARTY OR GROUP MAY
NOT BE REQUIRED TO RIDE WITH ANOTHER PASSENGER ON THAT
PREARRANGED RIDE UNLESS THE INDIVIDUAL, PARTY OR GROUP
CONSENTS TO ADDITIONAL PASSENGERS ON THE PREARRANGED
RIDE.
(2) THE TERM INCLUDES THE PERIODS WHEN:
(I) A DRIVER IS LOGGED ONTO A TRANSPORTATION NETWORK
COMPANY'S DIGITAL NETWORK AND AVAILABLE FOR SERVICE.
(II) A DRIVER IS CONDUCTING A PREARRANGED RIDE.
"WHEELCHAIR-ACCESSIBLE VEHICLE." A VEHICLE THAT CAN
ACCOMMODATE AT LEAST ONE PERSON IN A WHEELCHAIR WITHOUT THE
PERSON HAVING TO TRANSFER FROM THE WHEELCHAIR TO ANOTHER SEAT
AND THAT MEETS REQUIREMENTS ESTABLISHED UNDER THE AMERICANS WITH
DISABILITIES ACT OF 1990 (PUBLIC LAW 101-336, 104 STAT. 327) OR
REQUIREMENTS THAT ARE A FUNCTIONAL EQUIVALENT AND APPROVED BY
THE AUTHORITY, OR BOTH.
§ 57A02. LICENSE REQUIRED.
(A) GENERAL RULE.--NO PERSON SHALL ENGAGE IN THE BUSINESS OF
A TRANSPORTATION NETWORK COMPANY WITHOUT A LICENSE ISSUED BY THE
AUTHORITY UNDER THIS CHAPTER.
(B) PERSONAL VEHICLE PROHIBITED.--NO PERSONAL VEHICLE SHALL
BE USED TO PROVIDE TRANSPORTATION NETWORK SERVICE IN THE CITY
EXCEPT BY A DRIVER AFFILIATED WITH A TRANSPORTATION NETWORK
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COMPANY LICENSED BY THE AUTHORITY UNDER THIS CHAPTER.
(C) EXCEPTION.--A PERSONAL VEHICLE OPERATED BY A DRIVER
AFFILIATED WITH A COMPANY OPERATING IN THIS COMMONWEALTH
PURSUANT TO A LICENSE ISSUED BY THE PUBLIC UTILITY COMMISSION OR
WITH A COMPANY THAT AUTHORIZES DRIVERS TO OPERATE IN ANY OTHER
MUNICIPALITY, STATE OR OTHER POLITICAL SUBDIVISION MAY COME INTO
THE CITY TO DISCHARGE PASSENGERS WHOSE TRIP ORIGINATED OUTSIDE
OF THE CITY.
(D) REGULATORY JURISDICTION.--THE AUTHORITY SHALL HAVE
EXCLUSIVE REGULATORY JURISDICTION OVER TRANSPORTATION NETWORK
SERVICE ORIGINATING IN THE CITY AND MAY ADOPT RULES AND
REGULATIONS AS AUTHORIZED UNDER SECTION 57A21(C) (RELATING TO
ENFORCEMENT AND RULES AND REGULATIONS). THE AUTHORITY IS
EMPOWERED TO ISSUE, SUSPEND, CANCEL OR REVOKE TRANSPORTATION
NETWORK COMPANY LICENSES OR ISSUE AN ORDER REQUIRING
DISQUALIFICATION OF A DRIVER IN ACCORDANCE WITH SECTION 57A19
(RELATING TO PENALTIES). THE AUTHORITY SHALL BE AUTHORIZED TO
INSPECT, AUDIT AND INVESTIGATE ANY RECORDS OF THE TRANSPORTATION
NETWORK COMPANY AS NECESSARY TO ENSURE COMPLIANCE WITH THIS
CHAPTER IN ACCORDANCE WITH SECTION 57A18 (RELATING TO RECORDS
AND REPORTS). INFORMATION DISCLOSED TO THE AUTHORITY UNDER THIS
CHAPTER SHALL BE EXEMPT FROM DISCLOSURE TO A THIRD PERSON,
INCLUDING THROUGH A REQUEST SUBMITTED UNDER THE ACT OF FEBRUARY
14, 2008 (P.L.6, NO.3), KNOWN AS THE RIGHT-TO-KNOW LAW.
§ 57A03. APPLICATION.
(A) GENERAL RULE.--IN ADDITION TO THE POWERS CONFERRED UPON
THE AUTHORITY BY OTHER PROVISIONS OF THIS TITLE, THE AUTHORITY
IS EMPOWERED TO ISSUE, SUSPEND, CANCEL OR REVOKE LICENSES IN
ACCORDANCE WITH THIS CHAPTER AND ORDERS OR REGULATIONS OF THE
AUTHORITY.
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(B) APPLICATION.--AN APPLICATION FOR A LICENSE UNDER THIS
TITLE SHALL BE MADE TO THE AUTHORITY IN WRITING, BE VERIFIED BY
OATH OR AFFIRMATION AND BE IN SUCH FORM AND CONTAIN SUCH
INFORMATION AS THE AUTHORITY MAY REQUIRE IN ACCORDANCE WITH THIS
CHAPTER. EACH APPLICATION SHALL CONTAIN:
(1) IF THE LICENSE APPLICANT IS AN INDIVIDUAL:
(I) THE INDIVIDUAL'S FULL NAME, SOCIAL SECURITY
NUMBER, RESIDENCE ADDRESS, BUSINESS ADDRESS, BUSINESS E-
MAIL ADDRESS AND BUSINESS TELEPHONE NUMBER.
(II) PROOF THAT THE APPLICANT IS AT LEAST 18 YEARS
OF AGE.
(2) IF THE LICENSE APPLICANT IS A CORPORATION:
(I) THE CORPORATE NAME, BUSINESS ADDRESS AND
TELEPHONE NUMBER OF THE APPLICANT.
(II) THE DATE AND STATE OF INCORPORATION.
(III) THE FULL NAMES, TITLES, ADDRESSES, E -MAIL
ADDRESSES AND TELEPHONE NUMBERS OF ITS CORPORATE OFFICERS
AND OF ITS AUTHORIZED AGENT.
(IV) PROOF THAT ALL CORPORATE OFFICERS ARE AT LEAST
18 YEARS OF AGE.
(V) PROOF THAT THE CORPORATION IS IN GOOD STANDING
UNDER THE LAWS OF THIS COMMONWEALTH.
(3) IF THE LICENSE APPLICANT IS A PARTNERSHIP OR LIMITED
LIABILITY COMPANY:
(I) THE NAME, BUSINESS ADDRESS OR PRINCIPAL OFFICE
ADDRESS AND TELEPHONE NUMBER OF THE APPLICANT.
(II) THE FULL NAMES, ADDRESSES, E-MAIL ADDRESSES AND
TELEPHONE NUMBERS OF:
(A) THE GENERAL PARTNERS OF THE PARTNERSHIP.
(B) THE MANAGING MEMBERS OF THE LIMITED
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LIABILITY COMPANY.
(C) THE MANAGER OF OPERATIONS FOR THE CITY.
(III) THE FULL NAME, ADDRESS, E-MAIL ADDRESS AND
TELEPHONE NUMBER OF A PERSON AUTHORIZED TO RECEIVE
NOTICES ISSUED UNDER THIS CHAPTER.
(IV) PROOF THAT ALL GENERAL PARTNERS, MANAGERS,
MANAGING MEMBERS AND MEMBERS ARE AT LEAST 18 YEARS OF
AGE.
(C) REQUIRED INFORMATION.--AN APPLICATION FOR A LICENSE OR
RENEWAL UNDER THIS CHAPTER MUST INCLUDE THE FOLLOWING:
(1) PROOF THAT THE COMPANY IS REGISTERED WITH THE
DEPARTMENT OF STATE TO DO BUSINESS IN THIS COMMONWEALTH.
(2) PROOF THAT THE COMPANY MAINTAINS A REGISTERED AGENT
IN THIS COMMONWEALTH.
(3) PROOF THAT THE COMPANY MAINTAINS AN INTERNET WEBSITE
THAT INCLUDES THE INFORMATION REQUIRED UNDER SECTION 57A13
(RELATING TO INTOXICATING SUBSTANCE POLICY).
(4) PROOF THAT THE TRANSPORTATION NETWORK COMPANY HAS
SECURED THE INSURANCE POLICIES REQUIRED UNDER AND OTHERWISE
COMPLIED WITH SECTION 57A07 (RELATING TO INSURANCE
REQUIREMENTS) IN THE FORM OF A CERTIFICATE OF INSURANCE.
(D) FEE.--AN APPLICANT FOR A TRANSPORTATION NETWORK COMPANY
LICENSE SHALL REMIT TO THE AUTHORITY WITH ITS INITIAL
TRANSPORTATION NETWORK COMPANY APPLICATION A ONE-TIME
APPLICATION FEE OF $50,000. IF THE APPLICATION IS REJECTED, THE
FEE SHALL BE REFUNDED, MINUS A $2,500 ADMINISTRATIVE PROCESSING
FEE.
§ 57A04. QUALIFICATIONS FOR LICENSURE.
(A) GENERAL RULE.--IN ADDITION TO THE LICENSE APPLICATION
REQUIREMENTS LISTED IN SECTION 57A03 (RELATING TO APPLICATION),
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AN APPLICANT SEEKING ISSUANCE OR RENEWAL OF A LICENSE UNDER THIS
SECTION MUST DO ALL OF THE FOLLOWING AS A CONDITION OF RECEIPT
AND MAINTENANCE OF A LICENSE:
(1) ESTABLISH AND MAINTAIN:
(I) AN AGENT FOR SERVICE OF PROCESS LOCATED IN THE
CITY.
(II) AN INTERNET WEBSITE THAT PROVIDES A CUSTOMER
SERVICE TELEPHONE NUMBER, E-MAIL ADDRESS OR HYPERLINK TO
CONTACT THE TRANSPORTATION NETWORK COMPANY AND THE
TELEPHONE NUMBER AND E-MAIL ADDRESS OF THE AUTHORITY.
(III) RECORDS REQUIRED UNDER THIS CHAPTER. THE
APPLICANT SHALL AGREE TO MAKE ALL RECORDS AVAILABLE FOR
INSPECTION BY THE AUTHORITY IN THE CITY UPON REQUEST
UNDER SECTION 57A18 (RELATING TO RECORDS AND REPORTS) AS
NECESSARY FOR THE AUTHORITY TO INVESTIGATE COMPLAINTS.
(2) MAINTAIN ACCURATE RECORDS OF EACH TRANSPORTATION
NETWORK COMPANY DRIVER PROVIDING TRANSPORTATION NETWORK
SERVICES AND THE VEHICLES USED TO PROVIDE THE SERVICE FOR NO
LESS THAN THREE YEARS. RECORDS RETAINED UNDER THIS PARAGRAPH
MUST INCLUDE:
(I) PROOF OF VALID PERSONAL AUTOMOBILE INSURANCE.
(II) PROOF OF THE INSURANCE REQUIRED BY SECTION
57A07 (RELATING TO INSURANCE REQUIREMENTS).
(III) CRIMINAL HISTORY RECORDS CHECKS.
(IV) DRIVING RECORD CHECKS.
(V) COPIES OF VALID DRIVER'S LICENSES FOR EACH
DRIVER AND VEHICLE REGISTRATION AND PROOF OF VEHICLE
INSPECTIONS FOR ALL PERSONAL VEHICLES AFFILIATED WITH A
TRANSPORTATION NETWORK COMPANY.
(VI) RECORDS OF CONSUMER COMPLAINTS.
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(VII) RECORDS OF SUSPENSION OR DISQUALIFICATION OF
DRIVERS.
(VIII) RECORDS OF DISCLOSURES REQUIRED TO BE
PROVIDED TO DRIVERS UNDER THIS CHAPTER.
(3) MAINTAIN VEHICLE RECORDS, INCLUDING THE MAKE, MODEL
AND LICENSE PLATE NUMBER OF EACH PERSONAL VEHICLE USED BY A
TRANSPORTATION NETWORK COMPANY DRIVER TO PROVIDE
TRANSPORTATION NETWORK SERVICE.
(B) ELIGIBILITY REQUIRED.--ELIGIBILITY FOR ISSUANCE OF A
LICENSE UNDER THIS CHAPTER SHALL BE A CONTINUING REQUIREMENT FOR
MAINTAINING SUCH LICENSE.
(C) COMPLIANCE.--FOLLOWING ISSUANCE OF AN INITIAL LICENSE
AND TO BE ELIGIBLE FOR RENEWAL OF A LICENSE, AN APPLICANT SHALL
BE IN COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL
LAWS.
§ 57A05. LICENSE ISSUANCE AND APPEAL OF DENIAL.
(A) GENERAL RULE.--THE AUTHORITY SHALL GRANT AN APPLICATION
AND ISSUE A LICENSE TO AN APPLICANT THAT MEETS ALL OF THE
REQUIREMENTS OF SECTIONS 57A03 (RELATING TO APPLICATION) AND
57A04 (RELATING TO QUALIFICATIONS FOR LICENSURE).
(B) DENIAL.--IF AN APPLICATION FOR THE ISSUANCE OR RENEWAL
OF A LICENSE IS DENIED, THE APPLICANT MAY, WITHIN 10 DAYS OF
NOTICE OF THE DENIAL, FILE A PETITION WITH THE AUTHORITY WHICH
SPECIFICALLY AVERS THAT THE REASON FOR THE DENIAL IS ERRONEOUS,
UNLAWFUL OR OTHERWISE INVALID. THE AUTHORITY SHALL PRESCRIBE
FILING PROCEDURES AND THE FORM FOR THE PETITION.
(C) APPEAL HEARING.--THE AUTHORITY SHALL FIX THE TIME AND
PLACE FOR A HEARING ON A PROPERLY FILED APPEAL AND SHALL SERVE
NOTICE OF THE APPEAL ON THE PARTIES OF INTEREST.
(D) DECISION OF APPEAL.--AFTER A HEARING UNDER SUBSECTION
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(C), THE AUTHORITY, OR A DESIGNATED HEARING OFFICER, SHALL ISSUE
A DECISION, WHICH SHALL INCLUDE FINDINGS OF FACT, IN SUFFICIENT
DETAIL TO ENABLE A COURT TO DETERMINE ON APPEAL THE FOLLOWING:
(1) THE QUESTION PRESENTED BY THE APPEAL; AND
(2) WHETHER PROPER WEIGHT WAS GIVEN TO THE EVIDENCE.
(E) HEARING PROCEDURE.--THE AUTHORITY MAY ADOPT HEARING AND
ADMINISTRATIVE PROCEDURES BY REGULATION FOR HEARINGS UNDER
SUBSECTION (C). A PERSON AGGRIEVED BY AN ORDER OF THE AUTHORITY
ENTERED UNDER THIS CHAPTER MAY APPEAL THE ORDER TO THE COURT OF
COMMON PLEAS OF PHILADELPHIA COUNTY. ALL APPEALS SHALL BE
GOVERNED BY 2 PA.C.S. CH. 7 (RELATING TO JUDICIAL REVIEW) AND
CHAPTER 15 OF THE PENNSYLVANIA RULES OF APPELLATE PROCEDURE.
(F) THIRD PARTIES PROHIBITED.--NO THIRD PARTY MAY PROTEST OR
OBJECT TO AN APPLICATION FOR A LICENSE.
(G) WAITING PERIOD FOLLOWING DENIAL.--AFTER ENTRY OF A
DENIAL OF AN APPEAL, THE APPLICANT SHALL BE INELIGIBLE TO MAKE A
NEW APPLICATION FOR A PERIOD OF SIX MONTHS.
(H) OPERATION DURING PENDING APPLICATION.--A TRANSPORTATION
NETWORK COMPANY OPERATING IN THE CITY BEFORE THE EFFECTIVE DATE
OF THIS SECTION MAY CONTINUE OPERATING DURING THE PENDENCY OF AN
APPLICATION UNDER SECTION 57A03 AS LONG AS THE COMPANY FILES AN
APPLICATION WITHIN 45 DAYS OF THE EFFECTIVE DATE OF THIS ACT.
(I) APPROVAL REQUIRED FOR LICENSE TRANSFER.--A
TRANSPORTATION NETWORK COMPANY LICENSE IS NONTRANSFERABLE UNLESS
THE TRANSFER IS APPROVED BY THE AUTHORITY. A CHANGE IN CONTROL
IS PERMISSIBLE AS LONG AS THE TRANSPORTATION NETWORK COMPANY
PROVIDES NOTICE TO THE AUTHORITY WITHIN 30 DAYS OF THE CHANGE IN
CONTROL.
§ 57A06. LICENSE ENFORCEMENT.
THE AUTHORITY SHALL HAVE THE POWER TO INITIATE A REGULATORY
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ENFORCEMENT ACTION AGAINST ANY LICENSEE OR PERSON HOLDING
THEMSELVES OUT TO BE A LICENSEE THROUGH THE PROCESS PROVIDED
UNDER SECTION 5705(A) (RELATING TO CONTESTED COMPLAINTS) AND
REGULATIONS PROMULGATED BY THE AUTHORITY PROVIDING FOR THE FORM
AND PROCESS OF AN ENFORCEMENT ACTION.
§ 57A06.1. APPEALS GENERALLY.
A PERSON AGGRIEVED BY AN ORDER OF THE AUTHORITY ENTERED
PURSUANT TO THIS CHAPTER MAY APPEAL THE ORDER TO THE COURT OF
COMMON PLEAS OF PHILADELPHIA COUNTY. ALL APPEALS SHALL BE
GOVERNED BY 2 PA.C.S. CH. 7 (RELATING TO JUDICIAL REVIEW) AND
CHAPTER 15 OF THE PENNSYLVANIA RULES OF APPELLATE PROCEDURE.
§ 57A07. INSURANCE REQUIREMENTS.
(A) GENERAL RULE.--A TRANSPORTATION NETWORK COMPANY DRIVER
OR TRANSPORTATION NETWORK COMPANY ON THE DRIVER'S BEHALF SHALL
MAINTAIN PRIMARY AUTOMOBILE INSURANCE THAT RECOGNIZES THAT THE
DRIVER IS A TRANSPORTATION NETWORK COMPANY DRIVER OR OTHERWISE
USES A VEHICLE TO TRANSPORT PASSENGERS FOR COMPENSATION.
(B) WHILE NOT ENGAGED WITH A PREARRANGED RIDE.--THE
FOLLOWING AUTOMOBILE INSURANCE REQUIREMENTS SHALL APPLY TO THE
TRANSPORTATION NETWORK COMPANY DRIVER OR THE TRANSPORTATION
NETWORK COMPANY ON THE DRIVER'S BEHALF WHILE A PARTICIPATING
TRANSPORTATION NETWORK COMPANY DRIVER IS LOGGED ONTO THE DIGITAL
NETWORK AND IS AVAILABLE TO RECEIVE TRANSPORTATION REQUESTS BUT
IS NOT ENGAGED IN A PREARRANGED RIDE:
(1) PRIMARY AUTOMOBILE LIABILITY INSURANCE IN THE AMOUNT
OF AT LEAST $50,000 FOR DEATH AND BODILY INJURY PER PERSON,
$100,000 FOR DEATH AND BODILY INJURY PER INCIDENT AND $25,000
FOR PROPERTY DAMAGE.
(2) FIRST-PARTY MEDICAL BENEFITS, INCLUDING $25,000 FOR
PEDESTRIANS AND $5,000 FOR A DRIVER.
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(C) WHILE ENGAGED WITH A PREARRANGED RIDE.--THE FOLLOWING
AUTOMOBILE INSURANCE REQUIREMENTS SHALL APPLY WHILE A
TRANSPORTATION NETWORK COMPANY DRIVER IS ENGAGED IN A
PREARRANGED RIDE:
(1) PRIMARY AUTOMOBILE LIABILITY INSURANCE THAT PROVIDES
AT LEAST $500,000 FOR DEATH, BODILY INJURY AND PROPERTY
DAMAGE.
(2) FIRST-PARTY MEDICAL BENEFITS AS REQUIRED BY 75
PA.C.S. § 1711 (RELATING TO REQUIRED BENEFITS) ON A PER-
INCIDENT BASIS FOR INCIDENTS INVOLVING A TRANSPORTATION
NETWORK COMPANY DRIVER'S OPERATION OF A PERSONAL VEHICLE
WHILE ENGAGED IN A PREARRANGED RIDE, INCLUDING $25,000 FOR
PASSENGERS AND PEDESTRIANS AND $5,000 FOR A DRIVER.
(D) SATISFACTION OF COVERAGE REQUIREMENTS.--THE COVERAGE
REQUIREMENTS UNDER THIS SECTION MAY BE SATISFIED BY ANY OF THE
FOLLOWING:
(1) AUTOMOBILE INSURANCE MAINTAINED BY THE
TRANSPORTATION NETWORK COMPANY DRIVER;
(2) AUTOMOBILE INSURANCE MAINTAINED BY THE
TRANSPORTATION NETWORK COMPANY; OR
(3) ANY COMBINATION OF PARAGRAPHS (1) AND (2).
(E) LAPSED OR INADEQUATE INSURANCE.--IF THE INSURANCE
REQUIRED UNDER SUBSECTION (B) OR (C) HAS LAPSED OR DOES NOT
PROVIDE THE REQUIRED COVERAGE, INSURANCE MAINTAINED BY A
TRANSPORTATION NETWORK COMPANY SHALL PROVIDE THE COVERAGE
REQUIRED BY THIS SECTION BEGINNING WITH THE FIRST DOLLAR OF A
CLAIM, AND THE TRANSPORTATION NETWORK COMPANY'S INSURER SHALL
HAVE THE DUTY TO DEFEND SUCH CLAIM.
(F) PRIMARY INSURANCE.--COVERAGE UNDER AN AUTOMOBILE
INSURANCE POLICY MAINTAINED UNDER THIS SECTION SHALL BE PRIMARY
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AND NOT BE DEPENDENT ON A PERSONAL AUTOMOBILE INSURER FIRST
DENYING A CLAIM NOR SHALL A PERSONAL AUTOMOBILE INSURANCE POLICY
BE REQUIRED TO FIRST DENY A CLAIM.
(G) CERTIFICATE OF INSURANCE.--A CERTIFICATE OF INSURANCE
MUST BE FILED BY THE INSURANCE CARRIER EVIDENCING THE INSURANCE
REQUIRED UNDER THIS SECTION AND MUST BE IN A FORM PROMULGATED BY
THE AUTHORITY.
(H) DEPOSIT OF CERTIFICATE OF INSURANCE.--INSURANCE REQUIRED
UNDER THIS SUBSECTION SHALL BE PLACED WITH EITHER AN INSURER
THAT HAS OBTAINED A CERTIFICATE OF AUTHORITY UNDER SECTION 208
OF THE ACT OF MAY 17, 1921 (P.L.789, NO.285), KNOWN AS THE
INSURANCE DEPARTMENT ACT OF 1921, OR A SURPLUS LINES INSURER
ELIGIBLE UNDER SECTION 1605 OF THE ACT OF MAY 17, 1921 (P.L.682,
NO.284), KNOWN AS THE INSURANCE COMPANY LAW OF 1921.
(I) FINANCIAL RESPONSIBILITY REQUIREMENT.--INSURANCE
SATISFYING THE REQUIREMENTS OF THIS SECTION SHALL BE DEEMED TO
SATISFY THE FINANCIAL RESPONSIBILITY REQUIREMENT FOR A MOTOR
VEHICLE UNDER 75 PA.C.S. CH. 17 (RELATING TO FINANCIAL
RESPONSIBILITY).
(J) PROOF OF INSURANCE COVERAGE REQUIRED.--A TRANSPORTATION
NETWORK COMPANY DRIVER SHALL CARRY PROOF OF COVERAGE SATISFYING
SUBSECTIONS (B) AND (C) WHEN THE DRIVER USES A VEHICLE IN
CONNECTION WITH A DIGITAL NETWORK. IN THE EVENT OF AN ACCIDENT,
A TRANSPORTATION NETWORK COMPANY DRIVER SHALL PROVIDE THE PROOF
OF INSURANCE COVERAGE TO THE DIRECTLY INTERESTED PARTIES,
AUTOMOBILE INSURERS AND INVESTIGATING POLICE OFFICERS UNDER 75
PA.C.S. § 1786 (RELATING TO REQUIRED FINANCIAL RESPONSIBILITY).
A TRANSPORTATION NETWORK COMPANY DRIVER SHALL DISCLOSE TO
DIRECTLY INTERESTED PARTIES, AUTOMOBILE INSURERS AND
INVESTIGATING POLICE OFFICERS WHETHER THE DRIVER WAS LOGGED ONTO
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THE DIGITAL NETWORK OR ON A PREARRANGED RIDE AT THE TIME OF AN
ACCIDENT.
(K) RESPONSIBILITY OF TRANSPORTATION NETWORK COMPANY.--THE
TRANSPORTATION NETWORK COMPANY SHALL BE RESPONSIBLE TO ENSURE
THAT AUTOMOBILE INSURANCE COVERAGE REQUIRED TO BE CARRIED BY THE
TRANSPORTATION NETWORK COMPANY DRIVER UNDER THIS SECTION IS IN
FORCE PRIOR TO PERMITTING A TRANSPORTATION NETWORK COMPANY
DRIVER TO PROVIDE TRANSPORTATION NETWORK SERVICE.
(L) AUTOMOBILE INSURANCE PROVISIONS.--THE FOLLOWING SHALL
APPLY:
(1) INSURERS THAT WRITE AUTOMOBILE INSURANCE IN THIS
COMMONWEALTH MAY EXCLUDE ANY AND ALL COVERAGE AFFORDED UNDER
THE POLICY ISSUED TO AN OWNER OR OPERATOR OF A PERSONAL
VEHICLE FOR ANY LOSS OR INJURY THAT OCCURS WHILE A DRIVER IS
LOGGED ONTO A DIGITAL NETWORK OR WHILE A DRIVER PROVIDES A
PREARRANGED RIDE. THE RIGHT TO EXCLUDE ALL COVERAGE MAY APPLY
TO ANY COVERAGE INCLUDED IN AN AUTOMOBILE INSURANCE POLICY,
INCLUDING, BUT NOT LIMITED TO:
(I) LIABILITY COVERAGE FOR BODILY INJURY AND
PROPERTY DAMAGE;
(II) UNINSURED AND UNDERINSURED MOTORIST COVERAGE;
(III) MEDICAL PAYMENTS COVERAGE;
(IV) COMPREHENSIVE PHYSICAL DAMAGE COVERAGE;
(V) COLLISION PHYSICAL DAMAGE COVERAGE; AND
(VI) FIRST-PARTY MEDICAL BENEFITS REQUIRED UNDER
SUBSECTION (B).
(2) NOTWITHSTANDING ANY REQUIREMENT UNDER 75 PA.C.S. CH.
17, EXCLUSIONS UNDER SUBSECTION (B) SHALL APPLY. NOTHING IN
THIS SECTION SHALL REQUIRE THAT A PERSONAL AUTOMOBILE
INSURANCE POLICY PROVIDE COVERAGE WHILE THE DRIVER IS LOGGED
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ON TO A DIGITAL NETWORK, WHILE THE DRIVER IS ENGAGED IN A
PREARRANGED RIDE OR WHILE THE DRIVER OTHERWISE USES A VEHICLE
TO TRANSPORT PASSENGERS FOR COMPENSATION. NOTHING IN THIS
SUBSECTION SHALL BE DEEMED TO PRECLUDE AN INSURER FROM
PROVIDING COVERAGE FOR THE PERSONAL VEHICLE IF THE INSURER
CHOOSES TO DO SO BY CONTRACT OR ENDORSEMENT.
(3) AUTOMOBILE INSURERS THAT EXCLUDE THE COVERAGE
DESCRIBED IN PARAGRAPH (1) SHALL HAVE NO DUTY TO DEFEND OR
INDEMNIFY ANY CLAIM EXPRESSLY EXCLUDED UNDER THE COVERAGE.
NOTHING IN THIS SECTION SHALL BE DEEMED TO INVALIDATE OR
LIMIT AN EXCLUSION CONTAINED IN A PERSONAL INSURANCE POLICY,
INCLUDING ANY POLICY IN USE OR APPROVED FOR USE IN THIS
COMMONWEALTH PRIOR TO THE ENACTMENT OF THIS SECTION, THAT
EXCLUDES COVERAGE FOR VEHICLES USED TO CARRY PERSONS OR
PROPERTY FOR A CHARGE OR AVAILABLE FOR HIRE BY THE PUBLIC.
(4) AN AUTOMOBILE INSURER THAT DEFENDS OR INDEMNIFIES A
CLAIM AGAINST A DRIVER THAT IS EXCLUDED UNDER THE TERMS OF
ITS POLICY SHALL HAVE A RIGHT OF CONTRIBUTION AGAINST OTHER
INSURERS THAT PROVIDE AUTOMOBILE INSURANCE TO THE SAME DRIVER
IN SATISFACTION OF THE COVERAGE REQUIREMENTS OF SUBSECTION
(A) AT THE TIME OF LOSS.
(5) IN A CLAIMS COVERAGE INVESTIGATION, TRANSPORTATION
NETWORK COMPANIES AND ANY INSURER POTENTIALLY PROVIDING
COVERAGE UNDER SUBSECTION (A) SHALL COOPERATE TO FACILITATE
THE EXCHANGE OF RELEVANT INFORMATION WITH DIRECTLY INVOLVED
PARTIES AND ANY INSURER OF THE TRANSPORTATION NETWORK COMPANY
DRIVER, INCLUDING THE PRECISE TIMES THAT A TRANSPORTATION
NETWORK COMPANY DRIVER LOGGED ON AND LOGGED OFF OF THE
DIGITAL NETWORK IN THE 12-HOUR PERIOD IMMEDIATELY PRECEDING
AND IN THE 12-HOUR PERIOD IMMEDIATELY FOLLOWING THE ACCIDENT
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AND DISCLOSE A CLEAR DESCRIPTION OF THE COVERAGE, EXCLUSIONS
AND LIMITS PROVIDED UNDER ANY AUTOMOBILE INSURANCE MAINTAINED
UNDER SUBSECTION (A).
(M) WAIVER OF LIABILITY.--THE FOLLOWING SHALL APPLY:
(1) A TRANSPORTATION NETWORK COMPANY OR TRANSPORTATION
NETWORK COMPANY DRIVER MAY NOT REQUEST OR REQUIRE A PASSENGER
TO SIGN A WAIVER OF POTENTIAL LIABILITY FOR A LOSS OF
PERSONAL PROPERTY OR INJURY.
(2) A TRANSPORTATION NETWORK COMPANY MAY NOT REQUEST OR
REQUIRE A TRANSPORTATION NETWORK COMPANY DRIVER TO SIGN A
WAIVER OF POTENTIAL LIABILITY FOR A LOSS OF PERSONAL PROPERTY
OR INJURY AS A CONDITION OF ENTERING INTO A LEASE AGREEMENT.
(3) FOR THE PURPOSES OF THIS SUBSECTION, SIGNING A
WAIVER SHALL INCLUDE REQUIRING A PROSPECTIVE CUSTOMER TO
AGREE TO THE TERMS AND CONDITIONS REQUIRED TO DOWNLOAD A
DIGITAL APPLICATION AS A CONDITION FOR OBTAINING
TRANSPORTATION NETWORK SERVICES.
(N) DISCLOSURES.--THE TRANSPORTATION NETWORK COMPANY SHALL
PROVIDE THE FOLLOWING DISCLOSURES:
(1) INSURANCE COVERAGE, INCLUDING THE TYPES OF COVERAGE
AND THE LIMITS FOR EACH COVERAGE THAT THE TRANSPORTATION
NETWORK COMPANY PROVIDES WHILE THE TRANSPORTATION NETWORK
COMPANY DRIVER USES A VEHICLE IN CONNECTION WITH A DIGITAL
NETWORK.
(2) NOTICE THAT THE TERMS OF THE TRANSPORTATION NETWORK
COMPANY DRIVER'S OWN AUTOMOBILE INSURANCE POLICY MIGHT NOT
PROVIDE ANY COVERAGE WHILE THE DRIVER IS LOGGED ON TO THE
DIGITAL NETWORK AND AVAILABLE TO RECEIVE TRANSPORTATION
REQUESTS OR IS ENGAGED IN A PREARRANGED RIDE.
(3) IF A TRANSPORTATION NETWORK COMPANY DRIVER DOES NOT
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HAVE THE TYPE OF POLICY REQUIRED BY SUBSECTION (A), NOTICE
THAT THE TRANSPORTATION NETWORK COMPANY WILL PROVIDE ALL
REQUIRED INSURANCE.
(4) THE ACCIDENT PROTOCOL REQUIRED UNDER SECTION
SUBSECTION (J).
(5) NOTICE THAT THE DRIVER MUST NOTIFY THE FOLLOWING:
(I) THE DRIVER'S AUTO INSURANCE COMPANY OR INSURANCE
AGENT THAT THE DRIVER WILL BE USING THE VEHICLE TO
PROVIDE SERVICES UNDER THIS CHAPTER.
(II) IF THE DRIVER WILL NOT BE USING A VEHICLE OWNED
AND INSURED BY THE DRIVER, THE DISCLOSURES UNDER THIS
SECTION SHALL BE PROVIDED TO THE POLICYHOLDER AND TO THE
OWNER OF THE VEHICLE.
(O) FORM OF DISCLOSURES.--A DISCLOSURE UNDER SUBSECTION (N)
SHALL BE PROVIDED IN WRITING TO ALL TRANSPORTATION NETWORK
COMPANY DRIVERS PRIOR TO THE DESIGNATION OF AN INDIVIDUAL AS A
TRANSPORTATION NETWORK COMPANY DRIVER. TRANSPORTATION NETWORK
COMPANIES SHALL RETAIN WRITTEN OR ELECTRONIC VERIFICATION
RECORDS OF THE RECEIPT OF DISCLOSURES REQUIRED UNDER THIS
SECTION BY THE TRANSPORTATION NETWORK COMPANY DRIVER.
§ 57A08. VEHICLE OWNERSHIP AND STANDARDS.
(A) GENERAL RULE.--IN ADDITION TO ALL OTHER LEGAL
REQUIREMENTS, IT SHALL BE UNLAWFUL FOR ANY PERSON TO OPERATE OR
CAUSE TO BE OPERATED ANY VEHICLE TO PROVIDE TRANSPORTATION
NETWORK SERVICE UNLESS SUCH VEHICLE:
(1) HAS A MANUFACTURER'S RATED SEATING CAPACITY OF LESS
THAN 10 PERSONS, INCLUDING THE TRANSPORTATION NETWORK COMPANY
DRIVER;
(2) HAS AT LEAST FOUR DOORS AND MEETS FEDERAL MOTOR
VEHICLE SAFETY STANDARDS FOR VEHICLES OF ITS SIZE, TYPE AND
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PROPOSED USE;
(3) IS A COUPE, SEDAN OR LIGHT-DUTY VEHICLE, INCLUDING A
VAN, MINIVAN, SPORT UTILITY VEHICLE, PICKUP TRUCK, HATCHBACK
OR CONVERTIBLE;
(4) HAS NOT BEEN ISSUED THE TITLE CLASS OF "SALVAGE,"
"REBUILT," "JUNK," "TOTAL LOSS" OR ANY EQUIVALENT
CLASSIFICATION; AND
(5) IS NOT OLDER THAN 10 MODEL YEARS, OR 12 MODEL YEARS
IF THE VEHICLE IS AN ALTERNATIVE FUEL VEHICLE, AS DEFINED IN
SECTION 2 OF THE ACT OF NOVEMBER 29, 2004 (P.L.1376, NO.178),
KNOWN AS THE ALTERNATIVE FUELS INCENTIVE ACT, AND HAS BEEN
DRIVEN NO MORE THAN 350,000 MILES. THE AUTHORITY MAY INCREASE
THE AGE OR MILEAGE LIMITS SET FORTH IN THIS PARAGRAPH BY
REGULATION OR ORDER.
(B) PERSONAL USE PROHIBITED.--NO VEHICLE LICENSED AS A TAXI
OR LIMOUSINE WITHIN THIS COMMONWEALTH SHALL BE OPERATED AS A
PERSONAL VEHICLE BY A DRIVER AFFILIATED WITH A TRANSPORTATION
NETWORK COMPANY. NOTHING PROVIDED IN THIS CHAPTER SHALL BE
CONSTRUED TO PROHIBIT OR LIMIT THE UTILIZATION OF AN INTERNET-
ENABLED APPLICATION OR DIGITAL PLATFORM FOR THE PROVISION OF
TAXICAB OR LIMOUSINE SERVICE OR OTHER PUBLIC TRANSPORTATION
VEHICLES PURSUANT TO CHAPTER 57 (RELATING TO TAXICABS AND
LIMOUSINES IN FIRST CLASS CITIES).
(C) VIOLATION.--IT SHALL BE A VIOLATION OF THIS CHAPTER FOR
A TRANSPORTATION NETWORK COMPANY TO KNOWINGLY PERMIT A
TRANSPORTATION NETWORK COMPANY DRIVER TO USE A PERSONAL VEHICLE
TO PROVIDE TRANSPORTATION NETWORK SERVICE THAT DOES NOT MEET THE
REQUIREMENTS OF THIS SECTION.
§ 57A09. VEHICLE INSPECTIONS.
(A) PERSONAL VEHICLE.--A TRANSPORTATION NETWORK COMPANY
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SHALL NOT ALLOW ANY VEHICLE REGISTERED IN THIS COMMONWEALTH TO
BE USED AS A PERSONAL VEHICLE UNLESS THE VEHICLE IS INSPECTED
ACCORDING TO 75 PA.C.S. CH. 47 (RELATING TO INSPECTION OF
VEHICLES) AND HAS PASSED THE INSPECTION. A VALID CERTIFICATE OF
INSPECTION SHALL BE MAINTAINED IN ALL VEHICLES. FOR VEHICLES
REGISTERED OUTSIDE OF THIS COMMONWEALTH, INSPECTION MUST BE
CONDUCTED AT A FACILITY APPROVED BY THE DEPARTMENT OF
TRANSPORTATION OR AN INSPECTION STATION AUTHORIZED BY THE
GOVERNMENT OF THE JURISDICTION IN WHICH THE VEHICLE IS
REGISTERED AND MUST SATISFY THE VEHICLE INSPECTION STANDARDS OF
THAT JURISDICTION.
(B) ADDITIONAL INSPECTION REQUIREMENT.--
(1) NO MORE THAN ONCE EVERY FOUR MONTHS, THE AUTHORITY
MAY REQUEST THAT A TRANSPORTATION NETWORK COMPANY PROVIDE THE
AUTHORITY WITH THE LAST FOUR DIGITS OF THE LICENSE PLATE
NUMBER, STATE OF LICENSE PLATE, MAKE AND MODEL OF THE
CORRESPONDING VEHICLE AND EXPIRATION DATE OF THEIR CURRENT
VEHICLE INSPECTION FOR THE FOLLOWING NUMBER OF RANDOMLY
SELECTED VEHICLES:
(I) UP TO 500 VEHICLES FOR A CLASS A TRANSPORTATION
NETWORK COMPANY;
(II) UP TO 250 VEHICLES FOR A CLASS B TRANSPORTATION
NETWORK COMPANY; AND
(III) UP TO 100 VEHICLES FOR A CLASS C
TRANSPORTATION NETWORK COMPANY.
(1.1) THE LIST OF VEHICLES THAT A TRANSPORTATION NETWORK
COMPANY PROVIDES UNDER PARAGRAPH (1) TO THE AUTHORITY SHALL
BE COMPRISED AS FOLLOWS:
(I) NINETY PERCENT OF THE VEHICLES ON THE LIST SHALL
CONSIST OF VEHICLES OPERATED BY TRANSPORTATION NETWORK
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COMPANY DRIVERS WHO HAVE COMPLETED AT LEAST 100
PREARRANGED RIDES IN THE PRECEDING SIX-WEEK PERIOD.
(II) FIVE PERCENT OF THE VEHICLES ON THE LIST SHALL
CONSIST OF VEHICLES OPERATED BY TRANSPORTATION NETWORK
COMPANY DRIVERS WHO HAVE COMPLETED AT LEAST 20
PREARRANGED RIDES IN THE PRECEDING SIX-WEEK PERIOD AND
WHO LIVE IN THE CITY OR WITHIN A 15-MILE RADIUS OF AN
INSPECTION STATION OPERATED BY THE AUTHORITY.
(III) FIVE PERCENT OF THE VEHICLES ON THE LIST SHALL
CONSIST OF VEHICLES OPERATED BY TRANSPORTATION NETWORK
COMPANY DRIVERS WHO HAVE COMPLETED AT LEAST 10
PREARRANGED IN THE PRECEDING SIX-WEEK PERIOD AND WHO LIVE
IN THE CITY OR WITHIN A 15-MILE RADIUS OF AN INSPECTION
STATION OPERATED BY THE AUTHORITY.
(2) A VEHICLE SHALL NOT BE SUBJECT TO THE RANDOM
INSPECTION PROCESS UNDER THIS SUBSECTION IF IT PASSED AN
INSPECTION IN ACCORDANCE WITH SUBSECTION (B) IN THE PRECEDING
180-DAY PERIOD.
(3) THE FOLLOWING SHALL APPLY:
(I) NO MORE THAN ONCE EVERY 30 DAYS, THE AUTHORITY
MAY SELECT FOR RANDOM INSPECTION A SUBSET OF VEHICLES
FROM THE LIST PROVIDED UNDER PARAGRAPH (1)(II). THE
AUTHORITY SHALL NOTIFY THE TRANSPORTATION NETWORK COMPANY
THAT THE DRIVERS ASSOCIATED WITH THOSE VEHICLES MUST
SUBMIT THEIR VEHICLE FOR AN INSPECTION CONDUCTED BY THE
AUTHORITY TO VERIFY THAT THE VEHICLE SATISFIES THE
MECHANICAL INSPECTION REQUIRED UNDER 75 PA.C.S. CH. 47
AND VEHICLE QUALITY STANDARDS UNDER SUBPARAGRAPH (III).
THE INSPECTION SHALL OCCUR NO MORE THAN 20 DAYS FROM THE
DATE OF NOTICE TO THE TRANSPORTATION NETWORK COMPANY IF
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THE AUTHORITY PROVIDES SELECTED DRIVERS WITH A REASONABLE
OPPORTUNITY TO SCHEDULE INSPECTIONS IN ADVANCE.
(II) THE AUTHORITY MAY SELECT THE FOLLOWING NUMBER
OF VEHICLES FOR INSPECTION UNDER SUBPARAGRAPH (I):
(A) CLASS A TRANSPORTATION NETWORK COMPANY: UP
TO 35 VEHICLES EVERY 30 DAYS.
(B) CLASS B TRANSPORTATION NETWORK COMPANY: UP
TO 25 VEHICLES EVERY 30 DAYS.
(C) CLASS C TRANSPORTATION NETWORK COMPANY: UP
TO 15 VEHICLES EVERY 30 DAYS.
(III) THE VEHICLE QUALITY INSPECTION AUTHORIZED
UNDER SUBPARAGRAPH (I) SHALL VERIFY THE FOLLOWING:
(A) NO DENTS LARGER THAN 12 INCHES ACROSS.
(B) NO LOOSE BODY PANELS OR BUMPERS.
(C) EXTERIOR DOOR HANDLES ARE FUNCTIONAL.
(D) NO VANDALISM OR SPRAY GRAFFITI ON THE
EXTERIOR OF THE VEHICLE.
(E) THE INTERIOR IS GENERALLY CLEAN.
(F) ALL SEAT BELTS ARE WORKING.
(G) THE DOOR SEALS ARE INTACT.
(H) NO TEARS IN THE UPHOLSTERY THAT EXCEED 3
INCHES.
(I) THE WINDOWS ARE OPERATIONAL.
(J) INTERIOR DOOR HANDLES ARE OPERATIONAL.
(K) INTERIOR LIGHTS ARE OPERATIONAL.
(L) THERE ARE FOUR DOORS AND THE DOORS ARE
PROPERLY ALIGNED.
(M) THE INTERIOR DOOR LOCKS ARE FUNCTIONAL.
(N) A FUNCTIONING AIR CONDITIONING SYSTEM
CAPABLE OF KEEPING THE INTERIOR OF THE VEHICLE
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BETWEEN 60 AND 78 DEGREES.
(4) IN ACCORDANCE WITH 75 PA.C.S. § 4727 (RELATING TO
ISSUANCE OF CERTIFICATE OF INSPECTION), THE AUTHORITY MAY
ISSUE A CERTIFICATE OF INSPECTION TO ANY ELIGIBLE VEHICLE
THAT SATISFIES THE MECHANICAL INSPECTION REQUIRED UNDER 75
PA.C.S. CH. 47 AND ANY OTHER REQUIRED STATE INSPECTION,
INCLUDING EMISSIONS TESTING. THE AUTHORITY MAY CHARGE
STANDARD FEES FOR ISSUANCE OF A CERTIFICATE OF INSPECTION.
(5) IF THE AUTHORITY DETERMINES THAT A VEHICLE INSPECTED
UNDER PARAGRAPH (3)(I) DOES NOT SATISFY 75 PA.C.S. CH. 47 AND
THE VEHICLE QUALITY INSPECTION AUTHORIZED UNDER PARAGRAPH (3)
(III), THE AUTHORITY MAY PROHIBIT THE VEHICLE FROM FURTHER
TRANSPORTATION NETWORK SERVICE IN THE CITY AND DIRECT ANY
TRANSPORTATION NETWORK COMPANY TO DISQUALIFY THE VEHICLE FROM
BEING USED TO PROVIDE TRANSPORTATION NETWORK SERVICE IN THE
CITY UNTIL THE INDIVIDUAL HAS SATISFIED THE AUTHORITY THAT
THE VEHICLE COMPLIES WITH 75 PA.C.S. CH. 47 AND THE VEHICLE
QUALITY INSPECTION UNDER PARAGRAPH (3)(III). THE AUTHORITY
SHALL PROVIDE A CLEAR EXPLANATION TO THE DRIVER OF THE
COMPONENTS THAT CAUSED THE VEHICLE TO FAIL THE INSPECTION AND
AN OPPORTUNITY FOR A REINSPECTION WITHIN A REASONABLE PERIOD
OF TIME.
(6) A DRIVER WHO FAILS TO UNDERGO A VEHICLE INSPECTION
WITHIN THE TIME PERIOD REQUIRED BY THIS SUBSECTION SHALL BE
PROHIBITED FROM OPERATING AS A DRIVER IN THE CITY UNTIL THEY
HAVE COMPLETED THE VEHICLE INSPECTION.
(7) THE FOLLOWING SHALL APPLY:
(I) A VEHICLE THAT WAS DESIGNATED FOR INSPECTION IN
ACCORDANCE WITH PARAGRAPH (1)(I) AND THAT PASSES THE
INSPECTION AUTHORIZED UNDER THIS SUBSECTION SHALL NOT BE
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SUBJECT TO ANOTHER INSPECTION UNDER THIS SUBSECTION FOR
AT LEAST TWO YEARS FROM THE DATE OF COMPLETION.
(II) A VEHICLE THAT WAS DESIGNATED FOR INSPECTION IN
ACCORDANCE WITH PARAGRAPH (1)(II) AND (III) AND THAT
PASSES THE INSPECTION AUTHORIZED UNDER THIS SUBSECTION
SHALL NOT BE SUBJECT TO ANOTHER INSPECTION UNDER THIS
SUBSECTION FOR AT LEAST THREE YEARS FROM THE DATE OF
COMPLETION.
(C) IDENTIFYING INFORMATION.--EXCEPT AS OTHERWISE PROVIDED
IN THIS SECTION, THE LICENSE PLATE INFORMATION PROVIDED BY A
TRANSPORTATION NETWORK COMPANY TO THE AUTHORITY UNDER SUBSECTION
(B) AND ANY OTHER IDENTIFYING INFORMATION OBTAINED BY THE
AUTHORITY ABOUT THE VEHICLES OR DRIVERS THAT UNDERGO VEHICLE
INSPECTIONS IN ACCORDANCE WITH THIS SECTION IS CONFIDENTIAL AND
NOT BE SUBJECT TO DISCLOSURE TO A THIRD PARTY BY THE AUTHORITY,
INCLUDING THROUGH A REQUEST SUBMITTED UNDER THE ACT OF FEBRUARY
14, 2008 (P.L.6, NO.3), KNOWN AS THE RIGHT-TO-KNOW LAW .
(D) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
"ACTIVE DRIVER." A DRIVER WHO HAS COMPLETED AT LEAST ONE
PREARRANGED RIDE THAT WAS REQUESTED THROUGH THE TRANSPORTATION
NETWORK COMPANY'S DIGITAL NETWORK IN THE 90 DAYS IMMEDIATELY
PRECEDING THE DATE OF SUBMISSION OF THE COMPANY'S APPLICATION
FOR A TRANSPORTATION NETWORK COMPANY LICENSE OR SUBMISSION OF
ITS APPLICATION FOR RENEWAL.
"CLASS A TRANSPORTATION NETWORK COMPANY." A TRANSPORTATION
NETWORK COMPANY THAT, AT THE TIME OF ISSUANCE OF ITS
TRANSPORTATION NETWORK COMPANY LICENSE OR ITS MOST RECENT
LICENSE RENEWAL, HAS MORE THAN 10,000 ACTIVE DRIVERS ON ITS
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DIGITAL NETWORK.
"CLASS B TRANSPORTATION NETWORK COMPANY." A TRANSPORTATION
NETWORK COMPANY THAT, AT THE TIME OF ISSUANCE OF ITS
TRANSPORTATION NETWORK COMPANY LICENSE OR ITS MOST RECENT
LICENSE RENEWAL, HAS BETWEEN 1,001 AND 10,000 ACTIVE DRIVERS ON
ITS DIGITAL NETWORK.
"CLASS C TRANSPORTATION NETWORK COMPANY." A TRANSPORTATION
NETWORK COMPANY THAT, AT THE TIME OF ISSUANCE OF ITS
TRANSPORTATION NETWORK COMPANY LICENSE OR ITS MOST RECENT
LICENSE RENEWAL, HAS BETWEEN 1 AND 1,000 ACTIVE DRIVERS ON ITS
DIGITAL NETWORK.
§ 57A10. DISTINCTIVE SIGNAGE.
(A) DISPLAY.--A PERSONAL VEHICLE USED TO PROVIDE
TRANSPORTATION NETWORK SERVICE SHALL DISPLAY CONSISTENT AND
DISTINCTIVE SIGNAGE AT ALL TIMES WHILE THE DRIVER IS PROVIDING
TRANSPORTATION NETWORK SERVICE. THE DISTINCTIVE SIGNAGE SHALL BE
SUFFICIENTLY LARGE AND COLOR CONTRASTED AS TO BE READABLE DURING
DAYLIGHT HOURS AT A DISTANCE OF AT LEAST 50 FEET AND TO IDENTIFY
A PARTICULAR VEHICLE ASSOCIATED WITH A PARTICULAR TRANSPORTATION
NETWORK COMPANY. ACCEPTABLE FORMS OF DISTINCTIVE SIGNAGE SHALL
INCLUDE, BUT ARE NOT LIMITED TO, SYMBOLS OR SIGNS ON VEHICLE
WINDSHIELDS, DOORS, ROOFS OR GRILLES. MAGNETIC OR OTHER
REMOVABLE DISTINCTIVE SIGNAGE IS ACCEPTABLE. A TRANSPORTATION
NETWORK COMPANY SHALL FILE AN ILLUSTRATION OF THEIR DISTINCTIVE
SIGNAGE WITH THE AUTHORITY. THE AUTHORITY MAY NOT REQUIRE
SIGNAGE THAT IS DIFFERENT THAN THAT APPROVED BY THE PENNSYLVANIA
PUBLIC UTILITY COMMISSION. IF THE PENNSYLVANIA PUBLIC UTILITY
COMMISSION DOES NOT APPROVE A FORM OF DISTINCTIVE SIGNAGE, THE
AUTHORITY MAY MAKE THE DESIGNATION.
(B) WHEELCHAIR-ACCESSIBLE VEHICLES.--WHEELCHAIR-ACCESSIBLE
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VEHICLES WHICH MAY BE USED TO CONNECT WITH PASSENGERS THROUGH A
TRANSPORTATION NETWORK COMPANY'S DIGITAL NETWORK MUST BE CLEARLY
IDENTIFIED AS WHEELCHAIR-ACCESSIBLE VEHICLES WITHIN THE DIGITAL
NETWORK IF A WHEELCHAIR-ACCESSIBLE OPTION IS AVAILABLE WITHIN
THE DIGITAL NETWORK.
(C) EMBLEM.--NO PERMANENTLY AFFIXED EMBLEM MAY BE REQUIRED
BY THE AUTHORITY ON VEHICLES AFFILIATED WITH A TRANSPORTATION
NETWORK COMPANY.
§ 57A11. TRANSPORTATION NETWORK SERVICE ACCESSIBILITY.
(A) ACCESSIBILITY OF DIGITAL NETWORK.--BY JANUARY 1, 2017,
THE DIGITAL NETWORK USED BY A TRANSPORTATION NETWORK COMPANY TO
CONNECT DRIVERS AND PASSENGERS SHALL BE ACCESSIBLE TO CUSTOMERS
WHO ARE BLIND, VISUALLY IMPAIRED, DEAF AND HARD OF HEARING.
(B) DISCRIMINATION IN SERVICE.--
(1) WHERE TRANSPORTATION NETWORK SERVICES ARE OFFERED, A
TRANSPORTATION NETWORK COMPANY MUST TAKE REASONABLE STEPS TO
ENSURE THAT THE SERVICE PROVIDED BY EACH TRANSPORTATION
NETWORK COMPANY DRIVER WHO UTILIZES THE DIGITAL NETWORK IS
OFFERED IN A NONDISCRIMINATORY MANNER. A TRANSPORTATION
NETWORK COMPANY MAY NOT UNLAWFULLY DISCRIMINATE AGAINST A
PROSPECTIVE PASSENGER OR UNLAWFULLY REFUSE TO PROVIDE SERVICE
TO A CERTAIN CLASS OF PASSENGERS OR CERTAIN LOCALITIES.
(2) EACH LICENSED TRANSPORTATION NETWORK COMPANY MUST:
(I) ADOPT A POLICY OF NONDISCRIMINATION REGARDING
INDIVIDUALS WITH DISABILITIES IN ACCORDANCE WITH THIS
SUBSECTION. THE FOLLOWING INFORMATION SHALL BE PROVIDED
ON THE TRANSPORTATION NETWORK COMPANY'S PUBLICLY
ACCESSIBLE INTERNET WEBSITE:
(A) NOTICE OF THE NONDISCRIMINATION POLICY.
(B) PROCEDURES TO REPORT A COMPLAINT TO THE
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COMMISSION OR AUTHORITY ABOUT A TRANSPORTATION
NETWORK COMPANY DRIVER'S ALLEGED VIOLATION OF THIS
SUBSECTION.
(II) A TRANSPORTATION NETWORK COMPANY DRIVER MUST
TRANSPORT A SERVICE ANIMAL WHEN ACCOMPANYING A PASSENGER
WITH A DISABILITY FOR NO ADDITIONAL CHARGE UNLESS THE
TRANSPORTATION NETWORK COMPANY DRIVER HAS A DOCUMENTED
MEDICAL ALLERGY ON FILE WITH THE TRANSPORTATION NETWORK
COMPANY.
(III) A TRANSPORTATION NETWORK COMPANY MAY NOT
IMPOSE ADDITIONAL CHARGES FOR SERVICE TO AN INDIVIDUAL
WITH A DISABILITY BECAUSE OF THOSE DISABILITIES.
(IV) A TRANSPORTATION NETWORK COMPANY SHALL PROVIDE
PASSENGERS WITH DISABILITIES REQUIRING THE USE OF
MOBILITY EQUIPMENT AN OPPORTUNITY TO INDICATE ON ITS
DIGITAL NETWORK WHETHER THEY REQUIRE A WHEELCHAIR-
ACCESSIBLE VEHICLE. A TRANSPORTATION NETWORK COMPANY OR
AN AFFILIATED ENTITY MUST FACILITATE TRANSPORTATION
SERVICE FOR PASSENGERS WHO REQUIRE A WHEELCHAIR-
ACCESSIBLE VEHICLE BY DOING ONE OF THE FOLLOWING:
(A) CONNECTING THE PASSENGER TO AN AVAILABLE
TRANSPORTATION NETWORK COMPANY DRIVER OR OTHER DRIVER
OPERATING A WHEELCHAIR-ACCESSIBLE VEHICLE; OR
(B) DIRECTING THE PASSENGER TO AN ALTERNATIVE
PROVIDER WITH THE AUTHORITY AND ABILITY TO DISPATCH A
WHEELCHAIR-ACCESSIBLE VEHICLE TO THE PASSENGER.
§ 57A12. TRANSPORTATION NETWORK COMPANY DRIVERS.
(A) SEPARATE LICENSES PROHIBITED.--A SEPARATE LICENSE MAY
NOT BE REQUIRED FOR A TRANSPORTATION NETWORK COMPANY DRIVER
AFFILIATED WITH A TRANSPORTATION NETWORK COMPANY TO PROVIDE
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TRANSPORTATION NETWORK SERVICE.
(B) DRIVER QUALIFICATION REQUIREMENTS.--
(1) NO TRANSPORTATION NETWORK COMPANY SHALL ENGAGE ANY
PERSON AS A TRANSPORTATION NETWORK COMPANY DRIVER UNLESS THE
TRANSPORTATION NETWORK COMPANY ASCERTAINS THAT THE PERSON:
(I) POSSESSES AND HAS POSSESSED A VALID STATE
DRIVER'S LICENSE OR A VALID DRIVER'S LICENSE OF ANOTHER
STATE, DISTRICT OR TERRITORY OF THE UNITED STATES FOR AT
LEAST ONE YEAR PRIOR TO APPLYING TO BECOME A
TRANSPORTATION NETWORK COMPANY DRIVER;
(II) IS AT LEAST 21 YEARS OF AGE;
(III) HAS NOT HAD MORE THAN THREE MOVING VIOLATIONS
OR A MAJOR VIOLATION IN THE IMMEDIATELY PRECEDING THREE-
YEAR PERIOD.
(IV) HAS NOT HAD A LIMOUSINE OR TAXI DRIVER
CERTIFICATE SUSPENDED OR REVOKED BY THE AUTHORITY DUE TO
A REGULATORY VIOLATION WITHIN THE FIVE YEARS IMMEDIATELY
PRECEDING HIS APPLICATION TO BE A TRANSPORTATION NETWORK
COMPANY DRIVER. THE AUTHORITY SHALL MAKE A LIST OF ALL
THE DRIVERS AVAILABLE TO A TRANSPORTATION NETWORK COMPANY
UPON REQUEST. THE SUSPENSION OR REVOCATION OF A LICENSE
BY THE AUTHORITY BECAUSE A DRIVER WAS OPERATING AS A
TRANSPORTATION NETWORK COMPANY DRIVER PRIOR TO THE
EFFECTIVE DATE OF THIS SECTION SHALL NOT CONSTITUTE
GROUNDS FOR DISQUALIFICATION UNDER THIS SUBSECTION.
(C) BACKGROUND AND DRIVING HISTORY CHECKS.--
(1) PRIOR TO PERMITTING A PERSON TO ACT AS A
TRANSPORTATION NETWORK COMPANY DRIVER ON ITS DIGITAL NETWORK,
A TRANSPORTATION NETWORK COMPANY SHALL DO ALL OF THE
FOLLOWING:
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(I) CONDUCT OR HAVE A THIRD PARTY CONDUCT A LOCAL
AND NATIONAL CRIMINAL BACKGROUND CHECK FOR EACH DRIVER
APPLICANT. THE BACKGROUND CHECK SHALL INCLUDE A
MULTISTATE OR MULTIJURISDICTIONAL CRIMINAL RECORDS
LOCATOR OR OTHER SIMILAR COMMERCIAL NATIONWIDE DATABASE
WITH PRIMARY SOURCE SEARCH VALIDATION AND A REVIEW OF THE
UNITED STATES DEPARTMENT OF JUSTICE NATIONAL SEX OFFENDER
PUBLIC WEBSITE. THE TRANSPORTATION NETWORK COMPANY SHALL
DISQUALIFY AN APPLICANT CONVICTED OF CERTAIN CRIMES IN
ACCORDANCE WITH THE FOLLOWING:
(A) AN APPLICANT CONVICTED OF ANY OF THE
FOLLOWING WITHIN THE PRECEDING SEVEN YEARS:
(I) DRIVING UNDER THE INFLUENCE OF DRUGS OR
ALCOHOL.
(II) A FELONY CONVICTION INVOLVING THEFT.
(III) A FELONY CONVICTION FOR FRAUD.
(IV) A FELONY CONVICTION FOR A VIOLATION OF
THE ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN
AS THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND
COSMETIC ACT .
(B) AN APPLICANT CONVICTED OF ANY OF THE
FOLLOWING WITHIN THE PRECEDING 10 YEARS:
(I) USE OF A MOTOR VEHICLE TO COMMIT A
FELONY.
(II) BURGLARY OR ROBBERY.
(C) AN APPLICANT CONVICTED OF ANY OF THE
FOLLOWING AT ANY TIME:
(I) A SEXUAL OFFENSE UNDER 42 PA.C.S. §
9799.14(C) OR (D) (RELATING TO SEXUAL OFFENSES
AND TIER SYSTEM) OR SIMILAR OFFENSE UNDER THE
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LAWS OF ANOTHER JURISDICTION OR UNDER A FORMER
LAW OF THIS COMMONWEALTH.
(II) A CRIME OF VIOLENCE AS DEFINED IN 18
PA.C.S. § 5702 (RELATING TO DEFINITIONS).
(III) AN ACT OF TERROR.
(II) OBTAIN AND REVIEW A DRIVING HISTORY RESEARCH
REPORT FOR THE PERSON FROM THE DEPARTMENT OF
TRANSPORTATION AND OTHER RELEVANT SOURCES. A PERSON WITH
MORE THAN THREE MOVING VIOLATIONS IN THE THREE-YEAR
PERIOD PRIOR TO THE CHECK OR A MAJOR VIOLATION IN THE
THREE-YEAR PERIOD PRIOR TO THE CHECK MAY NOT BE A
TRANSPORTATION NETWORK COMPANY DRIVER.
(2) ASCERTAIN THAT ALL THE REQUIREMENTS OF THIS
SUBSECTION ARE MET BEFORE PERMITTING A PERSON TO PROVIDE
SERVICE AS A TRANSPORTATION NETWORK COMPANY DRIVER.
(D) CONFIRMATION.--ONE YEAR AFTER ENGAGING A TRANSPORTATION
NETWORK COMPANY DRIVER, AND EVERY SECOND YEAR THEREAFTER, A
TRANSPORTATION NETWORK COMPANY SHALL CONFIRM THAT A
TRANSPORTATION NETWORK COMPANY DRIVER IS STILL ELIGIBLE TO BE A
DRIVER BY VERIFYING THAT THE DRIVER MEETS ALL OF THE
REQUIREMENTS UNDER THIS SECTION, INCLUDING THE CRIMINAL
BACKGROUND CHECK AND DRIVING HISTORY CHECK REQUIREMENT UNDER
SUBSECTION (B), AND SHALL KEEP RECORDS OF THE VERIFICATION FOR A
PERIOD OF THREE YEARS.
(E) DRIVER DISQUALIFICATION.--
(1) NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE,
THE AUTHORITY MAY ISSUE AN ORDER DISQUALIFYING A PERSON FROM
BEING A DRIVER FOR VIOLATION OF THIS TITLE OR AN ORDER OR
REGULATION OF THE AUTHORITY CONSISTENT WITH THE DUE PROCESS
PROCEDURES PROVIDED FOR UNDER SECTION 5705 (RELATING TO
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CONTESTED COMPLAINTS).
(2) THE AUTHORITY MAY ADOPT REGULATIONS TO ALLOW FOR THE
REINSTATEMENT OF A DRIVER FOLLOWING AN APPROPRIATE
DISQUALIFICATION PERIOD AND COMPLIANCE WITH ANY CONDITIONS
IMPOSED BY THE AUTHORITY.
(3) THE AUTHORITY MAY GIVE NOTICE OF THE INELIGIBILITY
OF A PERSON TO ACT AS A DRIVER TO ALL TRANSPORTATION NETWORK
COMPANIES, AS PROVIDED FOR BY ORDER OR REGULATION.
(4) THE AUTHORITY MAY PLACE A TRANSPORTATION NETWORK
COMPANY DRIVER OR PERSONAL VEHICLE OUT OF SERVICE PRIOR TO A
FINAL DETERMINATION THAT THE DRIVER HAS VIOLATED THIS TITLE
OR AN ORDER OR REGULATION OF THE AUTHORITY IF THE BEHAVIOR OF
THE INDIVIDUAL OR CONDITION OF THE VEHICLE OR EQUIPMENT WHICH
VIOLATE THIS TITLE OR AN ORDER OR REGULATION OF THE AUTHORITY
HAS AN IMMEDIATE AND DIRECT ADVERSE IMPACT UPON THE ORDERLY
OPERATION OF TRANSPORTATION NETWORK SERVICE IN A CITY OR
PRESENTS A DIRECT THREAT TO PUBLIC SAFETY. AN OUT-OF-SERVICE
DESIGNATION UNDER THIS PARAGRAPH WILL BE NARROWLY TAILORED TO
CREATE THE MOST LIMITED REDUCTION OF RIGHTS NECESSARY TO
PROTECT THE PUBLIC INTEREST. THE AUTHORITY SHALL FOLLOW THE
PROCEDURES UNDER 52 PA. CODE § 1003.32 (RELATING TO OUT OF
SERVICE DESIGNATION) FOR THE PROCESS.
§ 57A13. INTOXICATING SUBSTANCE POLICY.
(A) ZERO-TOLERANCE POLICY.--A TRANSPORTATION NETWORK COMPANY
SHALL IMPLEMENT AND ENFORCE A ZERO-TOLERANCE POLICY ON THE USE
OF DRUGS OR ALCOHOL BY A TRANSPORTATION NETWORK COMPANY DRIVER
WHILE PROVIDING TRANSPORTATION NETWORK SERVICE. A TRANSPORTATION
NETWORK COMPANY DRIVER WHO IS THE SUBJECT OF A PASSENGER
COMPLAINT ALLEGING A VIOLATION OF THE ZERO-TOLERANCE POLICY
SHALL BE IMMEDIATELY SUSPENDED BY THE TRANSPORTATION NETWORK
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COMPANY. THE SUSPENSION SHALL LAST UNTIL THE TIME THE COMPLAINT
INVESTIGATION IS COMPLETE. THE FOLLOWING INFORMATION SHALL BE
PROVIDED ON A TRANSPORTATION NETWORK COMPANY'S PUBLICLY
ACCESSIBLE INTERNET WEBSITE:
(1) NOTICE OF THE ZERO-TOLERANCE POLICY.
(2) PROCEDURES TO