THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

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

REFERRED TO COMMITTEE ON URBAN AFFAIRS, MAY 21, 2012  

AN ACT

Amending Title 53 (Municipalities Generally) of the Pennsylvania

Consolidated Statutes, in taxicabs and limousines in cities

of the first class, further providing for definitions, for

contested complaints, for driver certification program, for

power of authority to issue certificates of public

convenience, for certificate and medallion required, for

additional certificates and medallions, for wages and for

civil penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definitions of "limousine service" and

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

Consolidated Statutes are amended and the section is amended by

adding definitions 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

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 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 [commission] Pennsylvania Public

Utilities Commission prior to the effective date of this

subparagraph.

(iii)  Other paratransit service.

(iv)  Employee commuter van pooling.

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

persons, including the driver.

* * *

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

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

demand service basis and used for the transportation of persons

for compensation either on:

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

public convenience and a corresponding medallion issued by

the authority; or

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

of public convenience issued by the authority and without a

corresponding medallion.

The term includes a wheelchair-accessible taxicab.

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

authority pursuant to this chapter:

(1)  to provide call or demand service;

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

wheelchair without the person having to transfer from the

wheelchair to another seat; and

(3)  meets requirements established pursuant to 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.

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

subsection to read:

§ 5705.  Contested complaints.

* * *

(d)  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

such 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.

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

section is amended by adding a subsection to read:

§ 5706.  Driver certification program.

* * *

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

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

the authority shall provide for the establishment of a driver

certification program and special certification for drivers

of wheelchair-accessible taxicabs within cities of the first

class.

(2)  Upon issuance of a wheelchair-accessible taxicab

driver certificate, the certificated driver shall be issued a

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

training attended or such other amount as the authority may

in its discretion decide by order or regulation.

(3)  The annual taxicab driver registration fee

established by the authority pursuant to section 5707(b)

shall be paid from the proceeds of the sale of medallions

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

to issue certificates of public convenience) for each

certificated wheelchair-accessible taxicab driver.

(4)  All costs associated with this subsection shall be

paid from the proceeds of the sale of medallions authorized

by section 5711(c).

* * *

(c)  Agreements delegating responsibilities.--The authority

is hereby authorized to enter into agreements or contracts

delegating the duties and responsibilities designated in

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

governmental entity or to another party.

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

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

§ 5711.  Power of authority to issue certificates of public

convenience.

(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 certificates of

public convenience in accordance with this subchapter and orders

or regulations of the authority.

* * *

(c)  Procedure.--

(1)  A certificate of public convenience to provide

taxicab service within cities of the first class shall be

granted by order of the authority without proof of the need

for the service if the authority finds or determines that the

applicant is capable of providing dependable taxicab service

to the public according to the rules and regulations of the

authority.

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

1,600 certificates of public convenience for taxicab service

and no more than five certificates of public convenience for

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

following:

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

a maximum of 1,600 certificates of public convenience

corresponding medallions for citywide call or demand

service and an additional 15 certificates of public

convenience and corresponding medallions restricted to

wheelchair-accessible taxicab service as provided in this

chapter.

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

thereafter until there is a total of 1,750 certificates

of public convenience and corresponding medallions, the

maximum number of certificates of public convenience and

corresponding medallions for citywide call or demand

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

discretion, may issue the certificates and medallions

authorized by this subparagraph with special rights,

privileges and limitations applicable to issuance and use

as it determines necessary to advance the purposes of

this chapter and may issue the certificates and

medallions authorized by this subparagraph in stages.

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

public convenience for non-citywide call or demand service in

any city of the first class, subject to the exclusive

jurisdiction of the authority.

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

General Assembly to regulate the provision of taxicab service

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

certificate of public convenience hereinafter granted by

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

conditions imposed by the authority, require that at least

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

from such service provided to and from points within specific

geographical areas to be determined by the authority as being

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

rescind or revoke any certificate of public convenience

granted to any existing holder or any new recipient for the

operation of taxicabs within a city of the first class

whenever it is shown that the holder of the certificate is

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

over any consecutive three-month period.

(4)  The authority shall have the authority to grant

immediate temporary certificates of public convenience for

taxicab service within cities of the first class. Such

temporary certificates are subject to further investigation

before a permanent certificate shall be granted by the

authority.

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

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

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

discretion as it deems appropriate, attach such conditions,

including the appropriate allocation of proceeds, as it may

find to be necessary or proper.

(6)  A certificate of public convenience to convey or

transmit to and from taxicabs messages or communications

within cities of the first class through the use of

centralized dispatch systems shall be granted by order of the

authority if the authority finds that the applicant is

capable of providing dependable service according to the

rules and regulations of the authority.

§ 5714.  Certificate and medallion required.

(a)  [Procedure] Vehicles generally.--

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

citywide call or demand rights in cities of the first class

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

the authority authorizing the operation of the taxicab and a

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

the issuance of a medallion, the certificate holder shall

have its vehicle inspected by the authority.

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

that each [medallion holder] vehicle within its jurisdiction

pursuant to this chapter submit to [a periodic vehicle

inspection of its taxicab] periodic inspections by authority

personnel to ensure that the vehicle meets the requirements

of this subchapter and authority regulations.

(3)  Authority inspection requirements for vehicles

within its jurisdiction pursuant to this chapter shall be in

addition to the vehicle requirements set forth in Title 75

(relating to vehicles) and may include vehicle age and

mileage limitations. Authority inspection and recording

requirements shall be established by regulations.

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

continue in operation as a taxicab. Notwithstanding the

foregoing, the authority may authorize the operation of

antique vehicles in call or demand service in such

circumstances as the authority may deem appropriate.

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

rates shall be clearly and visibly displayed in each taxicab.

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

without prior notification to and permission of the

authority.

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

taxicab only for the fiscal year for which the medallion is

issued.

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

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

provide taxicab service shall be equipped with [a protective

barrier for the protection of the driver, separating the front

seat from the back seat. The authority may provide for

additional driver protection measures] such security devices as

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

regulation.

* * *

(d)  Other vehicles.--

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

to provide call or demand service within cities of the first

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

public convenience from the Pennsylvania Public Utility

Commission authorizing call or demand service elsewhere in

this Commonwealth may transport persons and property:

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

the service authorized under its certificate of public

convenience; and

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

any point in this Commonwealth beyond that city of the

first class if the request for service for such

transportation is received by call to its radio dispatch

service.

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

provide taxicab service to designated areas within cities of

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

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

certificates of public convenience) shall retain their

authorization [through the authority] in those areas of a

city of the first class subject to the exclusive jurisdiction

of the authority and orders and regulations of the authority

issued under this chapter. The authority shall not grant

additional rights to new or existing carriers to serve

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

citywide basis.

* * *

(g)  Confiscation and impoundment of vehicles.--

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

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

impound vehicles, medallions and equipment which are utilized

to provide call or demand service in cities of the first

class without a proper certificate of public convenience [in

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

are in violation of regulations of the authority. Upon

satisfaction of all penalties imposed and all outstanding

fines assessed against the owner or operator of the

confiscated vehicle and payment of the costs of the authority

associated with confiscation and impoundment, the vehicle,

medallion and equipment shall be returned to its registered

owner or registered lienholder.

* * *

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

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

§ 5717.  Additional certificates and medallions.

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

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

certificates of public convenience), the authority may increase

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

for additional taxicab service in cities of the first class by

issuing certificates and corresponding medallions to applicants

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

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

medallions at the time of issuance as determined by the

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

determining the reasonable market value of a medallion, the

authority shall consider the purchase price in medallion

transactions over the prior year as reflected in authority

records. The authority in its discretion may hold hearings to

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

case shall the number of citywide call or demand service taxicab

certificates and medallions issued by the authority exceed

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

(b)  Medallion issuance.--

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

due notice by advertisement for bids or for public auction in

the Pennsylvania Bulletin. The advertisement shall be

published once not less than 60 days before public auction,

and the date for public auction shall be announced in the

advertisement.

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

the time of issuance.

(3)  In the event the authority determines that a

successful bidder of a medallion is not qualified to own a

medallion pursuant to this chapter and the orders and

regulations of the authority, the medallion at issue shall be

subject again to sale as provided in this section.

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

to a medallion bid or public auction.

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

of medallions that a person may purchase at any bid or

public auction.

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

includes an individual or entity with a controlling

interest in a bidder as the authority may define by order

or regulation.

(c)  Wheelchair-accessible taxicabs medallions.--

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

the authority may restrict a medallion to wheelchair-

accessible taxicabs use.

(2)  wheelchair-accessible taxicab medallions issued

pursuant to this section may only be attached to wheelchair-

accessible taxicabs.

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

with citywide call or demand rights in cities of the first

class unless a certificate of public convenience is issued by

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

vehicle.

(4)  wheelchair-accessible taxicabs shall comply with the

requirements of this chapter and the rules and regulations of

the authority related to taxicab service.

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

for special rules and regulations related to the operation of

wheelchair-accessible taxicabs.

§ 5720.  Wages.

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

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

alternative, charge at most a prevailing maximum lease amount to

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

investigation. The minimum wage rate and the maximum lease

amount, as established by the authority, may include employee

benefits.

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

demand rights] authorized to provide call or demand service in

cities of the first class shall charge a uniform rate to

passengers, as determined by the authority upon investigation.

* * *

§ 5725.  Civil penalties.

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

this subchapter shall violate any of the provisions of this

subchapter or shall do any matter or thing prohibited under this

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

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

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

regulation or final direction, requirement, determination or

order made by the authority or to comply with any final

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

corporation for the violation, omission, failure, neglect or

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

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

assumpsit instituted in the name of the Commonwealth] a

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

complaints). In construing and enforcing the provisions of this

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

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

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

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

or corporation.

* * *

§ 5745.  Civil penalties.

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

this subchapter shall violate any of the provisions of this

subchapter or shall do any matter or thing prohibited under this

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

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

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

regulation or final direction, requirement, determination or

order made by the authority or to comply with any final

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

corporation for the violation, omission, failure, neglect or

refusal shall forfeit and pay to the [Commonwealth] the

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

action of assumpsit instituted in the name of the Commonwealth]

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

contested complaints). In construing and enforcing the

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

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

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

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

refusal of the person or corporation.

* * *

Section 6.  This act shall take effect immediately.