PRIOR PRINTER'S NO. 3556

PRINTER'S NO.  3604

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

2390

Session of

2012

  

  

INTRODUCED BY MICCARELLI, BISHOP, TURZAI, PARKER, REED, ADOLPH, BARRAR, BOYD, K. BOYLE, CALTAGIRONE, CHRISTIANA, COX, CRUZ, DAY, DePASQUALE, DiGIROLAMO, DONATUCCI, D. EVANS, FARRY, GEIST, GILLEN, GODSHALL, HACKETT, HARRIS, HESS, W. KELLER, KILLION, KOTIK, MALONEY, MANN, MICOZZIE, MURT, M. O'BRIEN, PETRI, PYLE, QUIGLEY, QUINN, SABATINA, STEPHENS, TAYLOR, VEREB, WATERS AND GINGRICH, MAY 21, 2012

  

  

AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 23, 2012   

  

  

  

AN ACT

  

1

Amending Title 53 (Municipalities Generally) of the Pennsylvania

2

Consolidated Statutes, in taxicabs and limousines in cities

3

of the first class, further providing for definitions, for

4

contested complaints, for driver certification program, for

5

power of authority to issue certificates of public

6

convenience, for certificate and medallion required, for

7

additional certificates and medallions, for wages and for

8

civil penalties.

9

The General Assembly of the Commonwealth of Pennsylvania

10

hereby enacts as follows:

11

Section 1.  The definitions of "limousine service" and

12

"taxicab" in section 5701 of Title 53 of the Pennsylvania

13

Consolidated Statutes are amended and the section is amended by

14

adding definitions to read:

15

§ 5701.  Definitions.

16

The following words and phrases when used in this chapter

17

shall have the meanings given to them in this section unless the

18

context clearly indicates otherwise:

 


1

* * *

2

"Call or demand service" or "taxicab service."  Local common

3

carrier service for passengers, rendered on either an exclusive

4

or nonexclusive basis, where the service is characterized by the

5

fact that passengers normally hire the vehicle and its driver

6

either by telephone call or by hail, or both. The term does not

7

include limousine service.

8

* * *

9

"Limousine service."

10

(1)  Except as provided in paragraph (2), a motor vehicle

11

providing any of the following services:

12

(i)  Local, nonscheduled common carrier service for

13

passengers on an exclusive basis for compensation.

14

(ii)  Common carrier service for passengers for

15

compensation:

16

(A)  from any airport, railroad station or hotel

17

located in whole or in part in a city of the first

18

class; or

19

(B)  to any airport, railroad station or hotel

20

located in whole or in part in a city of the first

21

class from a point within the city of the first

22

class.

23

(2)  The term does not include any of the following:

24

(i)  Taxicab service.

25

(ii)  Service that was otherwise exempt from the

26

jurisdiction of the [commission] Pennsylvania Public

27

Utilities Commission prior to the effective date of this

28

subparagraph.

29

(iii)  Other paratransit service.

30

(iv)  Employee commuter van pooling.

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1

(v)  A vehicle with a seating capacity of 16 or more

2

persons, including the driver.

3

* * *

4

"Taxicab."  A motor vehicle designed for carrying no more

5

than eight passengers, exclusive of the driver, on a call or

6

demand service basis and used for the transportation of persons

7

for compensation either on:

8

(1)  a citywide basis as authorized by a certificate of

9

public convenience and a corresponding medallion issued by

10

the authority; or

11

(2)  a non-citywide basis as authorized by a certificate

12

of public convenience issued by the authority and without a

13

corresponding medallion.

14

The term includes a wheelchair-accessible taxicab.

15

"Wheelchair-accessible taxicab."  A taxicab authorized by the

16

authority pursuant to this chapter:

17

(1)  to provide call or demand service;

18

(2)  that can accommodate at least one person in a

19

wheelchair without the person having to transfer from the

20

wheelchair to another seat; and

21

(3)  meets requirements established pursuant to the

22

Americans With Disabilities Act of 1990 (Public Law 101-336,

23

104 Stat. 327) or requirements that are a functional

24

equivalent and approved by the authority, or both.

25

Section 2.  Section 5705 of Title 53 is amended by adding a

<--

26

subsection to read:

27

Section 2.  Sections 5705 and 5706(c) of Title 53 are amended

<--

28

and the sections are amended by adding subsections to read:

29

§ 5705.  Contested complaints.

30

* * *

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1

(d)  Appeals generally.--A person aggrieved by an order of

2

the authority entered pursuant to this chapter may appeal the

3

order to the Court of Common Pleas of Philadelphia County. All

4

such appeals shall be governed by 2 Pa.C.S. Ch. 7 (relating to

5

judicial review) and Chapter 15 of the Pennsylvania Rules of

6

Appellate Procedure.

7

Section 3.  Section 5706(c) of Title 53 is amended and the

<--

8

section is amended by adding a subsection to read:

9

§ 5706.  Driver certification program.

10

* * *

11

(a.1)  Wheelchair-accessible taxicab driver training.--

12

(1)  In addition to the requirements of subsection (a),

13

the authority shall provide for the establishment of a driver

14

certification program and special certification for drivers

15

of wheelchair-accessible taxicabs within cities of the first

16

class.

17

(2)  Upon issuance of a wheelchair-accessible taxicab

18

driver certificate, the certificated driver shall be issued a

19

one-time stipend in the amount of $50 for each full day of

20

training attended or such other amount as the authority may

21

in its discretion decide by order or regulation.

22

(3)  The annual taxicab driver registration fee

23

established by the authority pursuant to section 5707(b)

24

shall be paid from the proceeds of the sale of medallions

25

authorized by section 5711(c) (relating to power of authority

26

to issue certificates of public convenience) for each

27

certificated wheelchair-accessible taxicab driver.

28

(4)  All costs associated with this subsection shall be

29

paid from the proceeds of the sale of medallions authorized

30

by section 5711(c).

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1

* * *

2

(c)  Agreements delegating responsibilities.--The authority

3

is hereby authorized to enter into agreements or contracts

4

delegating the duties and responsibilities designated in

5

[subsection (a)] subsections (a) and (a.1) to a different

6

governmental entity or to another party.

7

Section 4.  Sections 5711(a) and (c) and 5714(a), (b), (d)

<--

8

and (g)(1) of Title 53 are amended to read:

9

Section 3.  Sections 5711(a) and (c), 5714(a), (b), (d) and

<--

10

(g)(1), 5717, 5720(a) and (b), 5725(a) and 5745(a) of Title 53

11

are amended to read:

12

§ 5711.  Power of authority to issue certificates of public

13

convenience.

14

(a)  General rule.--In addition to the powers conferred upon

15

the authority by other provisions of this title, the authority

16

is empowered to issue, suspend, cancel or revoke certificates of

17

public convenience in accordance with this subchapter and orders

18

or regulations of the authority.

19

* * *

20

(c)  Procedure.--

21

(1)  A certificate of public convenience to provide

22

taxicab service within cities of the first class shall be

23

granted by order of the authority without proof of the need

24

for the service if the authority finds or determines that the

25

applicant is capable of providing dependable taxicab service

26

to the public according to the rules and regulations of the

27

authority.

28

(2)  The authority is authorized to issue [a maximum of

29

1,600 certificates of public convenience for taxicab service

30

and no more than five certificates of public convenience for

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1

limited service in any city of the first class.] the

2

following:

3

(i)  Subject to the provisions of subparagraph (ii),

4

a maximum of 1,600 certificates of public convenience

5

corresponding medallions for citywide call or demand

6

service and an additional 15 certificates of public

7

convenience and corresponding medallions restricted to

8

wheelchair-accessible taxicab service as provided in this

9

chapter.

10

(ii)  Beginning June 1, 2013, and each June 1

11

thereafter until there is a total of 1,750 certificates

12

of public convenience and corresponding medallions, the

13

maximum number of certificates of public convenience and

14

corresponding medallions for citywide call or demand

15

service shall be increased by 15. The authority, in its

16

discretion, may issue the certificates and medallions

17

authorized by this subparagraph with special rights,

18

privileges and limitations applicable to issuance and use

19

as it determines necessary to advance the purposes of

20

this chapter and may issue the certificates and

21

medallions authorized by this subparagraph in stages.

22

(2.1)  There may be no more than six certificates of

23

public convenience for non-citywide call or demand service in

24

any city of the first class, subject to the exclusive

25

jurisdiction of the authority.

26

(3)  It is hereby declared to be the policy of the

27

General Assembly to regulate the provision of taxicab service

28

within cities of the first class in such a manner that any

29

certificate of public convenience hereinafter granted by

30

order of the authority [shall] may, in addition to any other

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1

conditions imposed by the authority, require that at least

2

40% of such trips of such taxicab service shall be derived

3

from such service provided to and from points within specific

4

geographical areas to be determined by the authority as being

5

in the public interest. The authority shall have the power to

6

rescind or revoke any certificate of public convenience

7

granted to any existing holder or any new recipient for the

8

operation of taxicabs within a city of the first class

9

whenever it is shown that the holder of the certificate is

10

not operating the taxicabs on an average of 50% of the time

11

over any consecutive three-month period.

12

(4)  The authority shall have the authority to grant

13

immediate temporary certificates of public convenience for

14

taxicab service within cities of the first class. Such

15

temporary certificates are subject to further investigation

16

before a permanent certificate shall be granted by the

17

authority.

18

(5)  The transfer of a certificate of public convenience,

19

by any means or device, shall be subject to the prior

20

approval of the authority which may, in its sole or peculiar

21

discretion as it deems appropriate, attach such conditions,

22

including the appropriate allocation of proceeds, as it may

23

find to be necessary or proper.

24

(6)  A certificate of public convenience to convey or

25

transmit to and from taxicabs messages or communications

26

within cities of the first class through the use of

27

centralized dispatch systems shall be granted by order of the

28

authority if the authority finds that the applicant is

29

capable of providing dependable service according to the

30

rules and regulations of the authority.

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1

§ 5714.  Certificate and medallion required.

2

(a)  [Procedure] Vehicles generally.--

3

(1)  A vehicle may not be operated as a taxicab with

4

citywide call or demand rights in cities of the first class

5

unless a certificate of public convenience is issued by [an]

6

the authority authorizing the operation of the taxicab and a

7

medallion is attached to the hood of the vehicle. Prior to

8

the issuance of a medallion, the certificate holder shall

9

have its vehicle inspected by the authority.

10

(2)  The authority shall require, by order or regulation,

11

that each [medallion holder] vehicle within its jurisdiction

12

pursuant to this chapter submit to [a periodic vehicle

13

inspection of its taxicab] periodic inspections by authority

14

personnel to ensure that the vehicle meets the requirements

15

of this subchapter and authority regulations.

16

(3)  Authority inspection requirements for vehicles

17

within its jurisdiction pursuant to this chapter shall be in

18

addition to the vehicle requirements set forth in Title 75

19

(relating to vehicles) and may include vehicle age and

20

mileage limitations. Authority inspection and recording

21

requirements shall be established by regulations.

22

(4)  No vehicle which is more than eight years old shall

23

continue in operation as a taxicab. Notwithstanding the

24

foregoing, the authority may authorize the operation of

25

antique vehicles in call or demand service in such

26

circumstances as the authority may deem appropriate.

27

(5)  Each [medallion] taxicab certificate holder's tariff

28

rates shall be clearly and visibly displayed in each taxicab.

29

(6)  A medallion shall not be removed from a vehicle

30

without prior notification to and permission of the

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1

authority.

2

(7)  A medallion authorizes operation of a vehicle as a

3

taxicab only for the fiscal year for which the medallion is

4

issued.

5

(b)  [Protective barrier] Driver security devices.--Each

6

[taxicab within cities of the first class] vehicle authorized to

7

provide taxicab service shall be equipped with [a protective

8

barrier for the protection of the driver, separating the front

9

seat from the back seat. The authority may provide for

10

additional driver protection measures] such security devices as

11

the authority may, in its discretion, require by order or

12

regulation.

13

* * *

14

(d)  Other vehicles.--

15

(1)  A vehicle which is not authorized by a certificate

16

to provide call or demand service within cities of the first

17

class but which is operated by the holder of a certificate of

18

public convenience from the Pennsylvania Public Utility

19

Commission authorizing call or demand service elsewhere in

20

this Commonwealth may transport persons and property:

21

(i)  to cities of the first class in accordance with

22

the service authorized under its certificate of public

23

convenience; and

24

(ii)  from any point in a city of the first class to

25

any point in this Commonwealth beyond that city of the

26

first class if the request for service for such

27

transportation is received by call to its radio dispatch

28

service.

29

(2)  Carriers [currently] authorized by the authority to

30

provide taxicab service to designated areas within cities of

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1

the first class on a non-citywide basis pursuant to section

2

5711(c)(2) 5711(c)(2.1) (relating to power of authority to

<--

3

issue certificates of public convenience) shall retain their

4

authorization [through the authority] in those areas of a

5

city of the first class subject to the exclusive jurisdiction

6

of the authority and orders and regulations of the authority

7

issued under this chapter. The authority shall not grant

8

additional rights to new or existing carriers to serve

9

designated areas within cities of the first class on a non-

10

citywide basis.

11

* * *

12

(g)  Confiscation and impoundment of vehicles.--

13

(1)  [In addition to penalties provided for in subsection

14

(f), the] The authority is empowered to confiscate and

15

impound vehicles, medallions and equipment which are utilized

16

to provide call or demand service in cities of the first

17

class without a proper certificate of public convenience [in

18

cities of the first class] issued by the authority or which

19

are in violation of regulations of the authority. Upon

20

satisfaction of all penalties imposed and all outstanding

21

fines assessed against the owner or operator of the

22

confiscated vehicle and payment of the costs of the authority

23

associated with confiscation and impoundment, the vehicle,

24

medallion and equipment shall be returned to its registered

25

owner or registered lienholder.

26

* * *

27

Section 5.  Sections 5717, 5720(a) and (b), 5725(a) and

<--

28

5745(a) of Title 53 are amended to read:

29

§ 5717.  Additional certificates and medallions.

30

(a)  Limitation on number.--Subject to the limits established

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1

in section 5711(c) (relating to power of authority to issue

2

certificates of public convenience), the authority may increase

3

the number of certificates and medallions [if it finds a need

4

for additional taxicab service in cities of the first class by

5

issuing certificates and corresponding medallions to applicants

6

on a first-come-first-served basis. Each applicant shall pay a

7

fee in an amount equal to the reasonable market value of the

8

medallions at the time of issuance as determined by the

9

authority. The fee is payable prior to the time of issuance. In

10

determining the reasonable market value of a medallion, the

11

authority shall consider the purchase price in medallion

12

transactions over the prior year as reflected in authority

13

records. The authority in its discretion may hold hearings to

14

determine the reasonable market value of a medallion]. In no

15

case shall the number of citywide call or demand service taxicab

16

certificates and medallions issued by the authority exceed

17

[1,600 each] the maximum amount provided for in section 5711(c).

18

(b)  Medallion issuance.--

19

(1)  Medallions shall be sold to the highest bidder after

20

due notice by advertisement for bids or for public auction in

21

the Pennsylvania Bulletin. The advertisement shall be

22

published once not less than 60 days before public auction,

23

and the date for public auction shall be announced in the

24

advertisement.

25

(2)  The medallion sale price shall be payable prior to

26

the time of issuance.

27

(3)  In the event the authority determines that a

28

successful bidder of a medallion is not qualified to own a

29

medallion pursuant to this chapter and the orders and

30

regulations of the authority, the medallion at issue shall be

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1

subject again to sale as provided in this section.

2

(4)  The authority may establish, by order, rules related

3

to a medallion bid or public auction.

4

(5)  (i)  The authority may, by order, limit the number

5

of medallions that a person may purchase at any bid or

6

public auction.

7

(ii)  For purposes of this paragraph, "person"

8

includes an individual or entity with a controlling

9

interest in a bidder as the authority may define by order

10

or regulation.

11

(c)  Wheelchair-accessible taxicabs medallions.--

12

(1)  In addition to other terms and conditions of use,

13

the authority may restrict a medallion to wheelchair-

14

accessible taxicabs use.

15

(2)  wheelchair-accessible taxicab medallions issued

16

pursuant to this section may only be attached to wheelchair-

17

accessible taxicabs.

18

(3)  A wheelchair-accessible taxicab may not be operated

19

with citywide call or demand rights in cities of the first

20

class unless a certificate of public convenience is issued by

21

the authority and a medallion is attached to the hood of the

22

vehicle.

23

(4)  wheelchair-accessible taxicabs shall comply with the

24

requirements of this chapter and the rules and regulations of

25

the authority related to taxicab service.

26

(5)  The authority may, by order or regulation, provide

27

for special rules and regulations related to the operation of

28

wheelchair-accessible taxicabs.

29

§ 5720.  Wages.

30

(a)  Minimum wage.--Each [medallion] certificate holder shall

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1

pay at least a prevailing minimum wage rate or, in the

2

alternative, charge at most a prevailing maximum lease amount to

3

the drivers of its taxicab, as determined by the authority upon

4

investigation. The minimum wage rate and the maximum lease

5

amount, as established by the authority, may include employee

6

benefits.

7

(b)  Uniform rates.--All taxicabs [with citywide call and

8

demand rights] authorized to provide call or demand service in

9

cities of the first class shall charge a uniform rate to

10

passengers, as determined by the authority upon investigation.

11

* * *

12

§ 5725.  Civil penalties.

13

(a)  General rule.--If any person or corporation subject to

14

this subchapter shall violate any of the provisions of this

15

subchapter or shall do any matter or thing prohibited under this

16

subchapter; or shall fail, omit, neglect or refuse to perform

17

any duty enjoined upon it by this subchapter; or shall fail,

18

omit, neglect or refuse to obey, observe and comply with any

19

regulation or final direction, requirement, determination or

20

order made by the authority or to comply with any final

21

judgment, order or decree made by any court, the person or

22

corporation for the violation, omission, failure, neglect or

23

refusal shall forfeit and pay to the [Commonwealth] authority a

24

sum not exceeding $1,000 to be recovered by [an action of

25

assumpsit instituted in the name of the Commonwealth] a

26

complaint as provided in section 5705(b) (relating to contested

27

complaints). In construing and enforcing the provisions of this

28

section, the violation, omission, failure, neglect or refusal of

29

any officer, agent or employee acting for or employed by the

30

person or corporation shall in every case be deemed to be the

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1

violation, omission, failure, neglect or refusal of the person

2

or corporation.

3

* * *

4

§ 5745.  Civil penalties.

5

(a)  General rule.--If any person or corporation subject to

6

this subchapter shall violate any of the provisions of this

7

subchapter or shall do any matter or thing prohibited under this

8

subchapter; or shall fail, omit, neglect or refuse to perform

9

any duty enjoined upon it by this subchapter; or shall fail,

10

omit, neglect or refuse to obey, observe and comply with any

11

regulation or final direction, requirement, determination or

12

order made by the authority or to comply with any final

13

judgment, order or decree made by any court, the person or

14

corporation for the violation, omission, failure, neglect or

15

refusal shall forfeit and pay to the [Commonwealth] the

16

authority a sum not exceeding $1,000 to be recovered by [an

17

action of assumpsit instituted in the name of the Commonwealth]

18

a complaint as provided in section 5705(b) (relating to

19

contested complaints). In construing and enforcing the

20

provisions of this section, the violation, omission, failure,

21

neglect or refusal of any officer, agent or employee acting for

22

or employed by the person or corporation shall in every case be

23

deemed to be the violation, omission, failure, neglect or

24

refusal of the person or corporation.

25

* * *

26

Section 6 4.  This act shall take effect immediately.

<--

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