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PRINTER'S NO. 791
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
749
Session of
2015
INTRODUCED BY VULAKOVICH, BLAKE, BREWSTER, COSTA, FONTANA,
MENSCH, SMITH AND YUDICHAK, APRIL 21, 2015
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
APRIL 21, 2015
AN ACT
Amending Title 66 (Public Utilities) of the Pennsylvania
Consolidated Statutes, in general provisions, further
providing for definitions; in contract carrier by motor
vehicle and broker, further providing for declaration of
policy and definitions; further providing for the regulation
of taxi and limousine services; and providing for the
regulation of taxi transportation network services.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "common carrier by motor
vehicle" in section 102 of Title 66 of the Pennsylvania
Consolidated Statutes is amended by adding a paragraph to read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this part which are applicable to specific
provisions of this part, the following words and phrases when
used in this part shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
* * *
"Common carrier by motor vehicle." Any common carrier who or
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which holds out or undertakes the transportation of passengers
or property, or both, or any class of passengers or property,
between points within this Commonwealth by motor vehicle for
compensation, whether or not the owner or operator of such motor
vehicle, or who or which provides or furnishes any motor
vehicle, with or without driver, for transportation or for use
in transportation of persons or property as aforesaid, and shall
include common carriers by rail, water, or air, and express or
forwarding public utilities insofar as such common carriers or
such public utilities are engaged in such motor vehicle
operations, but does not include:
* * *
(10) A person or entity that is any of the following:
(i) A taxi transportation network company as defined
in section 2601 (relating to definitions).
(ii) A taxi transportation network company driver as
defined in section 2601 (relating to definitions).
* * *
Section 2. Paragraph (2) of the definition of "contract
carrier by motor vehicle" in section 2501(b) of Title 66 is
amended by adding a subparagraph to read:
§ 2501. Declaration of policy and definitions.
* * *
(b) Definitions.--The following words and phrases when used
in this part shall have, unless the context clearly indicates
otherwise, the meanings given to them in this subsection:
* * *
"Contract carrier by motor vehicle."
* * *
(2) The term "contract carrier by motor vehicle" does
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not include:
* * *
(x) A taxi transportation network company or taxi
transportation network company driver as defined in
section 2601 (relating to definitions).
Section 3. Title 66 is amended by adding chapters to read:
CHAPTER 25A
TAXI AND LIMOUSINE SERVICES
Sec.
25A01. Definitions.
25A02. Requirements for taxi and limousine companies.
25A03. Tariffs.
25A04. Marking of taxis.
25A05. Service standards and requirements for taxi and
limousine companies.
25A06. Operation of leased taxi and limousine equipment.
25A07. Inspection and safe operation requirements.
25A08. Method of operation of taxis.
25A09. Requirements for taxi drivers.
25A10. Taxi vehicle requirements.
25A11. Rates and forms of compensation.
25A12. Operation of limousines.
25A13. Regulations.
25A14. Assessments.
§ 25A01. 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." Taxi service for passengers,
rendered on an exclusive or a nonexclusive basis, where the
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service is characterized by the fact that passengers normally
hire the vehicle and the vehicle's driver either by telephone
call or by hail, or both.
"Certificate." A certificate of public convenience issued by
the commission.
"Corporation." A body corporate, joint stock company or
association, domestic or foreign, and a body corporate, joint
stock company or association's lessee, assignee, trustee,
receiver or other successor in interest, having the powers or
privileges of corporations not possessed by an individual or
partnership. The term does not include a municipal corporation.
"Exclusive service." Transportation on a given trip when the
first or principal person, party or group hiring the vehicle has
the exclusive right to determine where, when or if another
passenger shall be carried on the trip.
"Limousine service." Local, nonscheduled common carrier
service for passengers rendered in luxury-type vehicles on an
exclusive basis which is arranged for in advance.
"Motor carrier." A common or contract carrier by motor
vehicle.
"Nonexclusive service." Transportation on a given trip where
passengers other than the first or principal person, party or
group hiring the vehicle may be carried as permitted by the
applicable tariff provisions of the carrier and the rules and
regulations governing the class of service under which the
vehicle is operating.
"Tariff." A schedule of rates, rules, regulations, practices
or contracts involving a rate or schedule showing the method of
distribution of the facilities of a common carrier.
§ 25A02. Requirements for taxi and limousine companies.
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(a) Certificate required.--A person or corporation may not
engage in the business of a taxi or limousine company in this
Commonwealth unless the person or corporation holds a
certificate of public convenience as a motor carrier of
passengers issued by the commission.
(b) Certificate application and issuance.--An application
for a certificate of public convenience as a motor carrier of
passengers must be made to the commission in writing, be
verified by oath or affirmation and be in the form and contain
the information required by the commission. A certificate shall
be issued to an applicant if it is found that the applicant
meets all of the requirements of this chapter.
(c) Evidentiary requirement.--
(1) An applicant seeking motor common carrier authority
shall have the burden of proving that:
(i) Approval of the applicant's application will
serve a useful public purpose and be responsive to a
public demand or need. The proof of a demand or need
shall require the following:
(A) An academic study or demographic analysis
must be used to support the assertion of demand or
need for service in a specific area. Each author of
the study or analysis must be presented for testimony
before the commission.
(B) A determination of demand or need must be
based on marketplace demographics and national trends
regarding taxi market saturation.
(C) As used in this subparagraph, the term
"demand" or "need" must be demonstrated by the
applicant for each specific municipality or county in
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which the applicant seeks authority.
(ii) The motor common carrier authority possesses
the technical and financial ability to provide proper
service. Authority shall be withheld if the record
demonstrates that the applicant lacks a propensity to
operate safely and legally. In evaluating whether a motor
carrier applicant can satisfy these fitness standards,
the commission shall examine whether the applicant:
(A) operates illegally and without authority
before or during the pendency of the applicant's
application.
(B) has capital in excess of the applicant's
debts of at least $10,000 to ensure financial
fitness.
(C) has the capability to acquire vehicles,
equipment and facilities to house and maintain the
applicant's operations.
(D) has technical expertise and fitness and can
demonstrate a working knowledge of the applicable
laws of this Commonwealth governing common carrier
transportation.
(E) has vehicles, drivers and facilities
sufficient to service the area for which authority is
sought.
(F) can obtain and maintain insurance coverage
compliant with the then existing commission
requirements.
(G) has a written plan to comply with the
driver and vehicle safety requirements under this
chapter.
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(H) has a previous felony record or has been
convicted or pled guilty to a crime involving moral
turpitude.
(I) has previously complied with commission
orders and regulations.
(2) In addition to the requirements under paragraph (1),
for applications for the right to operate in a county of the
second class or part of a county of the second class, the
following shall apply to the applicant's burden to
demonstrate technical and financial ability to provide proper
service:
(i) Whether the applicant has capital in excess of
the applicant's debts of at least $20,000 to ensure
financial fitness.
(ii) Whether the applicant has the ability to
acquire a minimum of 25 vehicles for immediate use to
service the entire second class county. If the applicant
does not possess the ability, the applicant shall only be
permitted to service selected municipalities or a limited
geographic area with less than 25 vehicles.
(d) Grant required.--Except for counties of the second
class, the commission must grant motor common carrier authority
commensurate with the proven public need unless it is
established that the entry of a new carrier into a given
geographic area would harm, endanger or impair the operations of
an existing carrier.
(e) Applicability.--Nothing under this section shall apply
to an application for the right to operate in limousine service.
§ 25A03. Tariffs.
A taxi company shall, prior to furnishing or offering to
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furnish service, file with the commission tariffs showing the
rates or other compensation demanded for the service. The
following shall apply:
(1) Except as provided under subparagraph (iv), a taxi
tariff must be filed, posted and published in accordance with
law and this title. Fares may be charged:
(i) In the amount as is calculated and registered on
the meter.
(ii) As a fixed amount for the trip.
(iii) As the amount shown to be due on the meter
plus a surcharge.
(iv) Through a time and distance charge calculated
through a digital platform, which may increase or
decrease in real time for the purpose of balancing supply
and demand.
(2) A cancellation, no-show and cleaning fee may be
applied as necessary and included within the tariff or
charged separately with advance notice to the customer.
(3) A taxi company whose tariffs are based on a meter or
flat rate must post the rates of the fare in a conspicuous
place in each taxi company vehicle.
(4) A taxi company that uses a digital platform must
disclose the fare calculation method, the applicable rates
being charged and provide the option for an estimated fare to
the customer. A taxi company that computes fares through a
digital platform may not charge a fare that exceeds the
limitations under the act of October 31, 2006 (P.L.1210,
No.133), known as the Price Gouging Act, during a natural
disaster or state of emergency as declared by a local or
State governing body of the Commonwealth. If a natural
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disaster or emergency does not result in the declaration of
local or State emergency, the increase in fare must be
established on the basis of fares charged over the preceding
60 days.
(5) A limousine tariff must be based on time or
distance, or both, and shall be available to the commission
for review upon request. A certificate holder must provide
tariff rates in advance of providing service to passengers
for approval. Agreed pricing between passenger and limousine
carrier shall be deemed legally appropriate and binding.
(6) (i) Notwithstanding any other provision of this
chapter, a certificate holder may increase the taxi or
limousine tariff once annually in conformance with the
increase in the Federal cost-of-living index provided for
the city or county in which the majority of the
certificate holders' trips occur.
(ii) If a certificate holder does not increase rates
under subparagraph (i), the certificate holder waives the
right to the increase and may not, in a succeeding year,
add the increase to the certificate holder's tariff.
(iii) If not used, a tariff increase is waived.
(iv) An increase in a tariff beyond the increase in
the cost-of-living index described under subparagraph (i)
shall require commission approval.
(7) Notice of the implementation of the cost-of-living
index tariff increase must be sent to the commission, in
writing, and shall take effect immediately without the need
for further proceedings or order of the commission.
§ 25A04. Marking of taxis.
(a) Certificate number.--The number of the certificate of
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public convenience and the registered insignia approved by the
commission must be painted or affixed on each side of each motor
vehicle. A taxi fleet must be numbered and filed with the
commission.
(b) Removal of markings.--If the certificate of public
convenience of a common carrier is canceled or revoked by the
commission or by law or if the motor vehicle is removed
permanently from service, the carrier must immediately remove
all markings from the vehicle.
(c) Local trade marks.--A common carrier may not mark, paint
or design a vehicle to simulate a vehicle operated by another
carrier within the same local service area. The simulation of
design or other act intended to invite patronage by deception
shall be considered sufficient grounds for revocation of a
certificate of public convenience.
(d) Advertising.--
(1) Advertising, including, but not limited to, cab
tops, signs, placards and wrapping of vehicles shall be
permitted.
(2) Notwithstanding paragraph (1), advertising may not
obscure the mandated vehicle markings required under this
chapter.
(3) Advertising displayed on a vehicle must be securely
fastened and may not obscure the driver's view in any
direction.
(e) Applicability.--This section shall not apply to a
vehicle operated in limousine service.
§ 25A05. Service standards and requirements for taxi and
limousine companies.
The following shall apply:
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(1) An applicant seeking a certificate of public
convenience as a motor carrier of passengers under this
section must do all of the following as a condition of
receipt of a certificate:
(i) Maintain accurate records including the make,
model and license numbers of vehicles to provide taxi and
limousine services.
(ii) Maintain accurate records of all taxi and
limousine drivers providing services arranged by a
certificate holder.
(iii) Implement a zero-tolerance policy on the use
of drugs and alcohol while a taxi or limousine driver is
providing call or demand or limousine services. Any taxi
or limousine driver who is the subject of a passenger
complaint alleging a violation of the zero-tolerance
policy shall be immediately suspended. The suspension
shall last until such time as the complaint investigation
is completed. The following shall be provided on a taxi
or limousine company's Internet website:
(A) Notice of the zero-tolerance policy.
(B) The procedures a passenger may use to report
a complaint about a taxi or limousine driver with
whom the passenger reasonably suspects was under the
influence of drugs or alcohol during the course of
the transportation.
(iv) Establish a driver training program designed to
ensure that each taxi and limousine driver safely
operates the taxi or limousine while transporting
passengers.
(v) Obtain and review criminal history record
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information that may be performed through the use of the
commission's database, and systems, or equivalent systems
for each taxi or limousine driver. The criminal history
record information shall consist of a Federal criminal
history record information that includes a Federal Bureau
of Investigation fingerprint-based background check and a
national, State and local criminal background check,
including the National Sex Offender Registry. A person
who has been convicted, pled guilty or pled no contest to
any of the following may not be a taxi or limousine
driver:
(A) driving under the influence of drugs or
alcohol, within the last seven years; or
(B) fraud, a sexual offense, use of a motor
vehicle to commit a felony, a crime involving
property damage or theft, acts of violence or acts of
terrorism.
(vi) Obtain and review the driving record for each
taxi and limousine driver. Any person convicted of any of
the following within the three years immediately
preceding the request date of the driving record may not
be a taxi or limousine driver:
(A) More than three moving violations.
(B) A major violation, including attempting to
evade a police officer, reckless driving or driving
with a suspended license.
(2) A certificate holder may not knowingly permit a
person to operate a vehicle in its authorized service unless
that person has a current, valid driver's license. Failure to
hold a valid driver's license while operating a vehicle in
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certificated service shall subject the driver to immediate
disqualification as a driver and such fines and penalties as
the commission deems appropriate.
§ 25A06. Operation of leased taxi and limousine equipment.
Taxi and limousine companies shall operate vehicles in
compliance with the laws of this Commonwealth. The following
shall apply:
(1) When used in the authorized service of the lessee,
leased vehicles shall be operated by drivers meeting the
requirements under this chapter when operating vehicles with
seating capacities of 15 or less, including the driver, or 52
Pa. Code Ch. 37 (relating to safety code for transportation
of property and passengers), when operating vehicles with
seating capacities of 16 or more, including the driver.
(2) The liability insurance maintained by a taxi or
limousine company on each motor vehicle shall be as follows:
(i) For vehicles capable of transporting fewer than
16 passengers, the liability insurance shall be in an
amount not less than $35,000 to cover liability for
bodily injury, death or property damage incurred in an
accident arising from authorized service. The minimum
coverage shall be split coverage in the amounts of
$15,000 bodily injury per person, $30,000 bodily injury
per accident and $5,000 property damage per accident.
This coverage shall include first party medical benefits
in the amount of $25,000 and first party wage loss
benefits in the amount of $10,000 for passengers and
pedestrians. Except as to the required amount of
coverage, the benefits must conform to 75 Pa.C.S. Ch. 17
(relating to financial responsibility). First party
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coverage of the driver of certificated vehicles must meet
the requirements of 75 Pa.C.S. § 1711 (relating to
required benefits).
(ii) For vehicles capable of transporting 16 to 28
passengers, the liability insurance shall be in an amount
not less than $1 million to cover liability for bodily
injury, death or property damage incurred in an accident
arising from authorized service. Except as to the
required amount of liability coverage, the coverage shall
meet the requirements of 75 Pa.C.S. Ch. 17.
(iii) For vehicles capable of transporting more than
28 passengers, the liability insurance shall be in an
amount not less than $5 million to cover liability for
bodily injury, death or property damage incurred in an
accident arising from authorized service. Except as to
the required amount of liability coverage, the coverage
shall meet the requirements of 75 Pa.C.S. Ch. 17.
(3) Each taxi and limousine shall comply with the
registration requirements under 75 Pa.C.S. (relating to
vehicles).
(4) The operation of a leased vehicle shall not permit
an increase in the number of vehicles or in the seating
capacity of vehicles if limited by the terms of the
certificate.
(5) A vehicle must be owned or leased by the certificate
holder or owned by the driver under the same terms and
conditions of control as the certificate holder must exert
under this chapter. Operation and service shall be under the
direct regulatory control and supervision of the certificate
holder.
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(6) The following shall apply to leases:
(i) A lease of a taxi or limousine must be in
writing, must specifically set forth the terms of the
lease, including obligations assumed, such as maintenance
and fuel, compensation and the duration of the lease and
must be executed by the parties or the parties'
authorized agents or officers.
(ii) The original lease must be retained by the
certificate holder in whose service the equipment is to
be operated at the principal office of the certificate
holder.
(iii) One copy of the lease must be retained by the
owner of the equipment.
(iv) A certificate holder must retain a lease for
two years following the lease's expiration date.
(v) Instead of a copy of the lease, a certificate or
rental form identifying the leased vehicle may be carried
in the leased vehicle certifying that the equipment is to
be operated exclusively in the service of the certificate
holder named as lessee. The certificate or rental form
must:
(A) Show the names and addresses of the owner
and lessee, the date of the lease, the location of
the original lease retained by the certificate holder
and the exact expiration date of the lease.
(B) Be certified as true and correct by the
certificate holder or an authorized representative.
(vi) Notwithstanding any provision of this section,
a common carrier may not lease the common carrier's
operating rights.
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(7) The certificate holder must, before taking
possession of equipment, inspect the equipment or have the
equipment inspected by a person who is competent and
qualified to make an inspection as a representative of the
certificate holder to ensure that the equipment is in a safe
condition to be operated on public roads. The person making
the inspection must certify the results of the inspection.
The certification shall be retained by the certificate holder
for at least one year. If the inspection discloses that the
equipment is not in a safe condition to be operated on
public roads, possession of the equipment may not be taken by
the certificate holder.
(8) If the Department of Transportation, at the request
of the owner, designates the lessee certificate holder as the
registrant of the vehicle and the name and address of the
lessee are substituted for the address of the lessor, the
commission shall approve the registration if the certificate
is in good standing, except that the approval shall be
effective only for the period during which the lease remains
in effect.
(9) If a removable device is used to identify the
operating carrier as lessee, the device must be made of
durable material and be securely affixed to the vehicle
operated throughout the duration of the lease. Upon
relinquishing possession of the equipment, the certificate
holder operating the leased vehicle under this subsection
shall remove the removable device displayed on the vehicle.
(10) A taxi company may lease a vehicle to a driver for
operation in the service of the certificate holder under the
following conditions:
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(i) The leased vehicle shall be operated under the
control and supervision of the certificate holder for
regulatory purposes.
(ii) (A) A driver of a vehicle in call or demand
service must keep a log sheet or manifest for each
shift the driver operates unless the vehicle is
equipped with a digital dispatch system, mobile data
transmitter or GPS dispatching system which records
and stores, either on the device itself or on a
computer or server located elsewhere, the following
information:
(I) Date and driver name or identification
number.
(II) Time of call for service.
(III) Time of dispatch.
(IV) The times and places of origin and
destination of each trip, including the mileage
shown on the odometer on the meter at the origin
and destination.
(V) The amount of the base fare, excluding
tip or gratuity.
(B) If a certificated carrier has a system which
electronically stores the information under clause
(A), a paper log shall not be required. A
certificated carrier shall store and hold all paper
and electronic logs for a two-year period.
(11) A certificate holder must furnish and maintain
adequate, reasonably continuous service to the public,
without unreasonable interruptions or delay if the carrier
has sufficient equipment available, subject to the following:
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(i) A carrier may, during a period of unexpected
demand, provide service as soon as possible and may
provide notice to passengers that service is temporarily
suspended. If notice is provided to passengers that
service is temporarily suspended, the certificate holder
shall not be in violation of any law relating to service
or reasonable service.
(ii) A driver of a call or demand vehicle who
believes that his safety or well-being is, or may be, at
risk shall not be required to render service and shall
not be fined or penalized for failing to provide service
under those circumstances.
(12) A taxi and limousine must transport a dog trained
for the purpose of guiding a blind or deaf person when the
dog is accompanying a blind or deaf person paying a regular
fare. A service dog must be properly leashed and may not
occupy a seat in the conveyance.
§ 25A07. Inspection and safe operation requirements.
This chapter shall apply to vehicles having a designed
seating capacity of 15 passengers or fewer, including the
driver, which is used by common carriers to transport taxi and
limousine passengers. The following shall apply:
(1) A certificate holder may not permit a vehicle having
a seating capacity of 15 passengers or fewer, including the
driver, to be operated unless it complies with the following
requirements:
(i) A vehicle must comply with applicable Department
of Transportation equipment inspection standards under 67
Pa. Code Ch. 175 (relating to vehicle equipment and
inspection) when the vehicle is being operated.
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(ii) A vehicle must have door hinges and latches in
working order and doors must operate easily and close
securely.
(iii) Unless otherwise provided by the commission,
advertising on vehicles shall not be limited. Any
advertising, including, but not limited to, cab tops,
signs, placards and wrapping of vehicles displayed on or
in a vehicle must be securely fastened and may not
obscure the driver's view in any direction. Advertising
may not cover the required marking of the taxi as
provided under section 25A02 (relating to requirements
for taxi and limousine companies).
(2) A certificate holder may not permit a vehicle having
a designed seating capacity of 15 passengers or fewer,
including the driver, to be operated to transport passengers
unless the certificate holder complies with the following
requirements:
(i) A vehicle that is equipped with folding,
temporary or removable seats must have hinges, latches,
brackets or other hardware associated with the seats in
working order.
(ii) A vehicle must be in clean and sanitary
condition.
(iii) A vehicle must have a factory-type heater,
capable of producing heat for the accommodation of
passengers. The heater must be in working order.
(iv) A trunk compartment must be clean and suitable
for carrying a passenger's luggage.
(v) A vehicle must have snow tires or all-weather
tires on the drive wheels between October 1 and April 1
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of the following year.
(vi) A vehicle's exterior may not have a dent or
gouge larger than four inches in diameter or damage that
protrudes from the vehicle.
(vii) A vehicle must have four matching wheel covers
or the equivalent.
(viii) A vehicle must have operative air
conditioning.
(ix) A vehicle's seats must be secure and not be
damaged so as to allow springs or other cushioning or
support devices to protrude through the seat.
(3) A certificate holder may not permit or require a
driver to operate a vehicle revealed by inspection or
operation not to comply with this section. If a vehicle being
operated on public roads is discovered not to comply with
this section, it may be continued in operation to the
certificate holder's nearest terminal, place of business or
other similar location where repairs can be effected safely.
The operation may be conducted only if less hazardous to the
public than permitting the vehicle to remain on public roads.
(4) A certificate holder shall ensure that vehicles
operated under a certificate or permit receive the annual
State inspection required by 75 Pa.C.S. Ch. 47 (relating to
inspection of vehicles).
(5) An enforcement officer employed by the commission is
authorized to perform inspections of vehicles to determine
compliance with this chapter. To perform the inspections,
commission enforcement officers may stop a vehicle in
operation. A commission enforcement officer may enter upon
the premises of the certificate holder at a reasonable time
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for the purpose of performing an inspection upon a vehicle
used in regulated operations. A certificate holder may
designate a vehicle as out of service on the certificate
holder's lot prior to an inspection. The commission may not
require a certificate holder to present a vehicle for a group
inspection in numbers that would affect the operation of the
certificate holder's service. The following shall apply to an
inspection:
(i) A form designated by the commission shall be
used to record findings from vehicles selected for
inspection.
(ii) A vehicle in operation that is found upon
inspection not to comply with this chapter shall be
declared out of service by an enforcement officer
employed by the commission and shall be placed out of
service utilizing the commission's out-of-service
sticker.
(iii) Except as provided under this paragraph or
paragraph (3), a certificate holder may not require or
permit a person to operate nor may a person operate a
vehicle declared and placed out of service until the
repairs required by the commission have been
satisfactorily completed.
(iv) A person may not remove an out-of-service
sticker from a vehicle prior to completion of the repairs
required by the commission.
(v) The person completing the repairs required by
the out-of-service notice shall sign the Certificate of
Repairman in accordance with the terms prescribed by the
commission, entering the name of the person's shop or
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garage and the date and time the required repairs were
completed. If the vehicle operator completes the required
repairs, the operator shall sign and complete the
Certificate of Repairman.
(vi) The certificate holder's disposition of the
form shall be as follows:
(A) The vehicle operator receiving the form
placing the vehicle out of service shall deliver the
form to the certificate holder operating the vehicle.
(B) A violation or mechanical defect noted on a
form shall be corrected. To the extent that a vehicle
operator is shown not to be in compliance with this
chapter, appropriate corrective action shall be taken
by the certificate holder.
(C) A certificate holder shall retain a copy of
the form at its principal place of business for one
year from the date of inspection.
(D) When a violation or mechanical defect noted
on an inspection form has been corrected by the
certificate holder, the vehicle shall be deemed safe
for operation and it may be put back into service by
the certificate holder with no further approval by
the commission.
(6) If a vehicle in operation is inspected and does not
comply with this section or if a vehicle does not comply with
this section, a complaint upon the motion of the commission
or other appropriate action may be instituted.
§ 25A08. Method of operation of taxis.
Unless otherwise specifically provided in the certificate of
public convenience, a taxi operating a call or demand service
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shall have the rights and be subject to the conditions as
follows:
(1) A taxi may transport a person on request, an
exclusive basis or a nonexclusive basis.
(2) When offering nonexclusive call or demand service,
an owner or driver of a taxi may not permit or cause the taxi
to be operated on a fixed time schedule over a route of a
scheduled route carrier or a public transit system so as to
pass specific points in a regular manner or at regular
intervals for the purpose of picking up passengers unless the
route is not then in operation . The purpose of this paragraph
is to prohibit call or demand operations from interfering
with scheduled service.
(3) Whenever a taxi is occupied by a fare-paying
passenger or by a member of a party of fare-paying passengers
who engaged the taxi on an exclusive basis, the driver of the
taxi may not permit another person to occupy or ride in the
taxi unless the consent of the party then occupying the
vehicle is obtained.
(4) When engaged in service on an exclusive basis, a
taxi may transport a person:
(i) In the area authorized by the certificate.
(ii) From a point in the area authorized by the
certificate to a point in this Commonwealth.
(iii) From a point in this Commonwealth to a point
in the area authorized by the certificate, provided the
request for the transportation is received in the area
authorized by the certificate.
(5) When engaged in service on a nonexclusive basis, a
taxi may transport a person as follows:
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(i) In the area authorized by the certificate.
(ii) From the area authorized by the certificate to
a point in this Commonwealth within an airline distance
of five miles from the boundary of the area authorized by
the certificate.
(iii) From a point within the five-mile region
referred to in subparagraph (ii) to a point within the
area authorized by the certificate, provided that the
request for the transportation is received in the area
authorized by the certificate.
(6) Taxi service between points outside authorized
territory may not be validated by the subterfuge of routing
the taxi through authorized territory. A taxi operator may
not attempt to evade a restriction attaching to his operating
rights by encouraging or causing a passenger to make a
theoretical or actual fare-paying break in a trip by routing
it through authorized territory.
(7) At minimum, a taxi company shall offer exclusive
service unless the taxi company's certificate provides
otherwise.
§ 25A09. Requirements for taxi drivers.
A taxi driver shall comply with the following service
standards:
(1) When on duty and not engaged, furnish trip service
on demand to an orderly person for lawful purposes, unless
the driver's personal safety is at issue.
(2) A taxi driver shall comply with the act of June 13,
2008 (P.L.182, No.27), known as the Clean Indoor Air Act, and
may not smoke or permit smoking in the taxi.
(3) Transport passengers to their destinations by the
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shortest practical route, unless directed by a passenger to
take a different route.
(4) A charge may not be made by a certificate holder or
driver for hand baggage or hand luggage carried by a fare-
paying passenger.
(5) The driver may carry a package or parcel when the
merchandise is accompanied by a passenger but shall refuse to
carry a package or parcel when the contents cause the taxi to
become stained or foul smelling. Unless the rights are
specifically included in a certificate of public convenience
approved by the commission, this paragraph may not be
interpreted to permit the hiring of a taxi for expressage
purposes only.
(6) If requested, deliver to the person paying for the
service a correct receipt at the time of payment. The name of
the certificate holder, a method of identifying the taxi and
its driver, items for which a charge is made, the total
amount paid and the date of payment shall be legibly printed
or written upon the receipt. A certificate holder shall
supply each of its drivers with blank receipts assembled in
book form.
(7) Prior to driving a taxi before a shift, a taxi
driver shall perform a vehicle inspection to confirm that the
taxi complies with this chapter. The inspection must include
the following:
(i) At least one full walk around the taxi to assure
the exterior of the vehicle is in compliance with this
chapter, including the following:
(A) The exterior of the taxi is not damaged, a
sharp edge is not present and a part of the vehicle
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has not been removed . The inspection shall include
ensuring the hood and doors of the taxi are present
and in their proper location.
(B) The appropriate name, colors and markings
are affixed to the taxi.
(C) The taxi's tires are full size and the
treads are not worn below State inspection
requirements.
(ii) The opening and closing of the doors, hood and
trunk to assure proper functionality and the absence of a
sharp edge that may injure a passenger or damage
clothing, luggage or other property.
(iii) An inspection of the interior of the taxi to
make certain that the vehicle is clean and otherwise in
compliance with this chapter.
(iv) Operation of the heater and air conditioner to
confirm the taxi's ability to maintain the appropriate
air temperature.
(v) An inspection of the taxi meter to assure it has
been approved for use by the commission and is in proper
working order at all times.
(8) A taxi driver is responsible for providing clean,
safe and courteous taxi service, including the following:
(i) Presenting a neat and clean appearance while
providing taxi service.
(ii) Dressing in clean clothing that will be
composed of a shirt with collar, ankle-length trousers,
slacks or a dress, a skirt, if gender appropriate, socks
or stockings and shoes or clean sneakers. Shorts, bathing
trunks or bathing suits, undershirts, "muscle shirts" or
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tank tops are prohibited unless concealed as
undergarments beneath the attire described in this
subparagraph.
(iii) Bare feet or wearing open-toed shoes or
sandals are prohibited while operating a taxi.
(iv) Ceasing operation of a vehicle known by the
driver to be in an unsafe condition.
(v) Being courteous toward passengers, the public,
law enforcement officials and representatives of the
commission. A driver may not use obscene, vulgar or
offensive language while providing taxi service.
(vi) Maintaining the volume of a radio at a low
level and upon the request of a passenger, lowering the
volume or switching off any music or electronic noise
such as a radio, except that the taxi's dispatch system
must remain on and at a reasonable volume at all times.
(vii) Ceasing use of a mobile telephone and removal
of ear phones or Bluetooth devices from ears when a
passenger is in the taxi.
(viii) Making certain the temperature of the taxi is
between 60 and 78 degrees Fahrenheit.
(ix) Assisting the elderly or persons with
disabilities in entering and exiting the taxi.
(x) Maintaining cash capable of providing change for
a $20 bill.
(xi) Immediately report possessions of a passenger
left behind in a taxi after service.
(9) A taxi driver may not charge a fare other than as
provided under this chapter.
(10) A taxi driver may not:
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(i) Request the payment of a gratuity by a
passenger.
(ii) Insist upon or express a preference for fare
payment method.
(iii) Ask a potential customer for fare payment
method information in advance of providing taxi service.
(iv) Refuse payment by credit card, debit card or
other cashless payment option identified by the
commission.
(11) A taxi driver is responsible for maintaining a copy
of the lease agreement, employment contract or a document
referring to the agreement or lease and employee
identification card in the taxi at all times.
(12) A taxi driver shall continually provide taxi
service in a manner consistent with 75 Pa.C.S. (relating to
vehicles).
§ 25A10. Taxi vehicle requirements.
The following shall apply:
(1) A taxi may be operated only in a vehicle with a
seating capacity of eight passengers or fewer, excluding the
driver.
(2) A meter must conform with the following
requirements:
(i) A call or demand vehicle operated within this
Commonwealth must be equipped with a meter. A device
constituting a meter shall include, but not be limited
to:
(A) a standard or traditional meter;
(B) a mobile data transmitter unit;
(C) a GPS-based Internet application using a
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tablet or computer; or
(D) another accurate technology to track
distance and fare that meets with commission approval
and reliably demonstrates the correct fare according
to the authorized certificate holder's tariff.
(ii) The meter shall be located or kept in a place
so that, at all times, it is plainly visible to the
passengers of the vehicle and the fare is readily
ascertainable by the occupants of the taxi.
(3) A mechanical meter and meter-driving equipment must
be sealed so that the meter case, meter driving equipment or
additional gear boxes, if any, cannot be disconnected without
breaking a seal, providing the meter equipment provides for
the sealing.
(4) It is the responsibility of the certificate holder
to cause the meters to be regulated in a manner where the
fare is calculated and registered in accordance with section
25A11 (relating to rates and forms of compensation).
(5) The meter must be in operation when the taxi is
engaged by a passenger, and the passenger shall be required
to pay only the amount recorded by the meter, except when
back-mileage charge provisions or surcharge provisions of the
tariff of the certificate holder apply. When the provisions
apply, the back-mileage charge or surcharge shall be added to
the amount recorded by the meter. A meter charge shall be
collected only once regardless of whether the taxi is being
used in exclusive service or in nonexclusive service.
(6) Between December 1 and December 31 of each year, a
certificate holder shall provide the commission with a
current list of the vehicles utilized as a taxi. The list
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must contain the year, make, model, vehicle identification
number and registration number for each taxi. The list shall
be mailed to Director, Bureau of Transportation and Safety,
Pennsylvania Public Utility Commission, Post Office Box 3265,
Harrisburg, Pennsylvania 17105-3265.
(7) A taxi may not be operated in call or demand service
which is more than 10 model years old or which has exceeded
350,000 miles unless a taxi company can, upon the filing of
an emergency petition with the commission, demonstrate that
the taxi age and mileage restrictions would result in the
immediate disruption of public transportation services,
impose harm to consumers and create an anticompetitive
transportation service marketplace. Upon filing an emergency
petition, the commission shall grant the petitioning taxi
company a phase-in period, not to exceed 24 months, to retire
taxis exceeding 10 model years or 350,000 miles.
(8) The vehicle age and mileage restrictions under
paragraph (7) shall not apply to any of the following:
(i) An electric vehicle or hybrid electric vehicle
as defined under 75 Pa.C.S. § 102 (relating to
definitions).
(ii) A v ehicle utilizing alternative fuels as
defined under 75 Pa.C.S. § 9002 (relating to
definitions).
(iii) A wheelchair-accessible vehicle.
(9) A taxi may have a dome light affixed to the roof of
the vehicle. The dome light shall be visible from a distance
of 100 feet from the front and rear of the vehicle. The dome
light shall be illuminated only when a customer does not
occupy the taxi.
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(10) A passenger traveling in a taxi with a child under
eight years of age shall supply and install child restraint
systems in accordance with 75 Pa.C.S. § 4581 (relating to
restraint systems).
(11) To provide passengers with the necessary
information to file a complaint, a taxi must display a
commission-issued complaint decal that lists the telephone
number and Internet website to be used to lodge a complaint.
The decal shall be posted on the inside of the right rear
window of the taxi, along the bottom edge. The commission
shall provide compliant decals annually to the certificate
holder. Failure of the commission to provide the compliant
decals shall not deem the certificate holder to be in
violation of this section.
§ 25A11. Rates and forms of compensation.
(a) Alternative forms of compensation.--A plan of a
certificate holder for an alternative form of compensation for
call or demand drivers, as permitted by section 25A06 (relating
to operation of leased taxi and limousine equipment), must
conform with the following conditions:
(1) The certificate holder shall own the vehicles or
lease them from an owner or operator under equipment leasing
procedures authorized by this chapter.
(2) The certificate holder shall be responsible for
providing and maintaining insurance.
(3) The certificate holder shall comply with sections
25A09 (relating to requirements for taxi drivers) and 25A10
(relating to taxi vehicle requirements).
(4) The certificate holder shall require a stated
payment from drivers for use of the taxis and shall permit
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drivers to keep the revenues and gratuities in excess of this
stated payment.
(5) For a certificate holder utilizing radio or other
electronic dispatching, the taxi operated by the certificate
holder shall be dispatched. A certificate holder shall ensure
that a driver answers dispatched orders promptly and utilizes
disciplinary procedures for drivers who fail to answer
dispatches.
(6) The certificate holder shall be responsible for
daily regulatory supervision of drivers, including owner or
operators, and utilize disciplinary procedures for drivers
who fail to comply with applicable laws, including this
title.
(b) Deficient filings.--Certificate holders whose plans for
alternative forms of driver compensation do not conform with the
conditions in subsection (a) shall submit plans to the
commission for review 30 days in advance of a proposed starting
date. Review will include, but will not necessarily be limited
to, the factors enumerated under subsection (a).
(c) Compliance.--In alternative forms of compensation for
drivers, whether authorized by this section or by order of the
commission, the certificate holder and driver shall comply with
sections 25A09 and 25A10.
(d) Tariff requirements.--
(1) Each certificate holder shall charge according to
its tariffs filed, posted and published in accordance with
the following:
(i) The amount as calculated and registered on the
meter or other authorized device.
(ii) If authorized by the tariff, a fixed amount for
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the trip or the amount shown to be due on the meter plus
a surcharge.
(iii) If authorized by the tariff, a charge
tabulated according to the zones entered in the course of
the trip.
(2) Each certificate holder with fares based on a meter
or flat rate shall post the rates of fare in a conspicuous
place in each of its taxis. If the certificate holder's
tariff is large or complex, the certificate holder may refer
the passenger to an Internet website posting for the
passenger's review.
(3) If a customer requests taxi service from a
certificate holder who offers service under tariffs
authorizing both exclusive and nonexclusive services, the
dispatcher shall:
(i) If requested by the customer, quote to the
customer the estimated fare for the trip of the customer
as priced under both of the two alternative services,
considering the number of people in the traveling group
of the customer.
(ii) Explain to the customer, if necessary, the
difference in these two types of service.
(4) Nothing in this subsection shall be construed to
require the filing or approval of tariffs by a certificate
holder for charges calculated by a digital platform, which
may increase or decrease in real time for the purpose of
balancing supply and demand.
(e) Accounting requirements for alternative forms of
compensation for drivers.--
(1) A certificate holder must ensure that appropriate
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information from the log sheets or electronic storage is
properly and correctly recorded.
(2) The requirements of subsection (a) shall apply if
the fare is based on zones entered in the course of the trip
or on flat rates.
(3) A copy of receipts relative to operating expenses
incurred to keep the taxi in operating condition shall be
given to the certificate holder by a driver. The certificate
holder must ensure that reported expenses are properly and
correctly recorded in the accounting records.
§ 25A12. Operation of limousines.
Unless otherwise specifically provided in the certificate of
public convenience, the following shall apply to a certificate
holder operating limousine service:
(1) A certificate holder shall have the right to
transport a person on an exclusive basis between points as
authorized by the certificate, if the order for service is
received in advance by either a call or Internet-based
electronic platform, before the actual rendering of service
and not by street hail. A verbal order for service made by a
hotel doorman or employee at a restaurant and other similar
venue, or by others arranging for limousine service in
person, shall be deemed a violation of this section. A person
may not arrange for limousine service without the appropriate
broker's authority issued by the commission under 52 Pa. Code
Ch. 39 (relating to brokers).
(2) A common carrier shall have the right to charge for
service based upon use of a limousine with payment made by a
single person or organization or by passengers as
individuals.
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(3) Direct, in-person solicitation of a passenger by the
driver or a representative of the driver or carrier shall be
prohibited.
(b) Vehicle and equipment requirements.--
(1) Limousine service may be operated only in a luxury-
type vehicle with seating capacities of 12 passengers or
fewer, excluding the driver.
(2) A luxury-type vehicle must:
(i) Be a vehicle manufactured or subsequently