act-1990-0-21•Pennsylvania Act 1990-21 — PUBLIC UTILITY CODE (66 PA.C.S.) - AMEND REGULATION OF TAXICABS
Pennsylvania Act 1990-21 — PUBLIC UTILITY CODE (66 PA.C.S.) - AMEND REGULATION OF TAXICABS
act-1990-0-211990 Pa. Act 21Law
Act text
PUBLIC UTILITY CODE (66 PA.C.S.) - AMEND REGULATION OF TAXICABS
Act of Apr. 4, 1990, P.L. 93, No. 21 Cl. 66
Session of 1990
No. 1990-21
AN ACT
SB 851
Amending Title 66 (Public Utilities) of the Pennsylvania
Consolidated Statutes, providing for the regulation of
taxicabs in first class cities.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 510(b) and 1103(c) of Title 66 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 510. Assessment for regulatory expenses upon public
utilities.
* * *
(b) Allocation of assessment.--On or before March 31 of each
year, every public utility shall file with the commission a
statement under oath showing its gross intrastate operating
revenues for the preceding calendar year. If any public utility
shall fail to file such statement on or before March 31, the
commission shall estimate such revenues, which estimate shall be
binding upon the public utility for the purposes of this
section. For each fiscal year, the allocation shall be made as
follows:
(1) The commission shall determine for the preceding
calendar year the amount of its expenditures directly
attributable to the regulation of each group of utilities
furnishing the same kind of service, and debit the amount so
determined to such group.
(2) The commission shall also determine for the
preceding calendar year the balance of its expenditures, not
debited as aforesaid, and allocate such balance to each group
in the proportion which the gross intrastate operating
revenues of such group for that year bear to the gross
intrastate operating revenues of all groups for that year.
(3) The commission shall then allocate the total
assessment prescribed by subsection (a) to each group in the
proportion which the sum of the debits made to it bears to
the sum of the debits made to all groups.
(4) Each public utility within a group shall then be
assessed for and shall pay to the commission such proportion
of the amount allocated to its group as the gross intrastate
operating revenues of the public utility for the preceding
calendar year bear to the total gross intrastate operating
revenues of its group for that year.
(5) The assessment provided for in this section shall
not be made against utilities governed by the provisions of
Chapter 24 (relating to taxicabs in first class cities).
* * *
§ 1103. Procedure to obtain certificates of public
convenience.
* * *
(c) Taxicabs.--
(1) A certificate of public convenience to provide
taxicab service within cities of the first class shall be
granted by order of the commission without proof of the need
for the service if the commission finds or determines that
the applicant is capable of providing dependable taxicab
service to the public according to the rules and regulations
of the commission.
(2) The commission is authorized to issue a maximum of
[1,400] 1,600 certificates of public convenience for taxi
service in any city of the first class upon the effective
date of this [subsection. Eighteen months after the effective
date of this subsection, the commission is authorized to
issue in its discretion a maximum of 1,700 certificates of
public convenience for taxi service in any city of the first
class. Thirty months after the effective date of this
subsection, the commission is authorized to issue in its
discretion a maximum of 2,000 certificates of public
convenience for taxi service in any city of the first class]
amendatory act. Upon the second year of the effective date of
this [subsection] amendatory act, the commission shall
institute a formal investigation on the future need for taxi
service in any city of the first class. The commission shall
report to the Senate and House Consumer Affairs Committees
its findings, conclusions and recommendations.
(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 commission shall, in addition to any other
conditions imposed by the commission, 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 commission as
being in the public interest. The commission 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 commission shall have the authority to grant
immediate temporary certificates of public convenience for
taxicab service in cities of the first class. Such temporary
certificates are subject to further investigation before a
permanent certificate shall be granted by the commission.
[(5) In cities of the first class, all operators shall
utilize the services of a centralized dispatch system
utilizing radio. Any existing holder or any new recipient of
a certificate of public convenience for the operation of
taxicabs in cities of the first class which owns or operates
a centralized radio dispatch system shall make such system
available to all other taxicab operations for a reasonable
fee as described in a tariff to be filed with the commission
for its review and approval but with no obligation to use any
specific radio system. It is mandatory, however, that every
taxi operated in the city be linked to a central radio
service.]
(6) A minimum of 5% of all certificates of public
convenience issued under this subsection in cities of the
first class shall be issued to minority persons or to
corporations in which 51% or more of the voting shares or
interest in the corporation is held by minority individuals.
For purposes of this paragraph, "minority" shall describe one
who is Black, Puerto Rican, Hispanic, American Indian,
Eskimo, Aleut or Oriental.
(7) The transfer of a certificate of public convenience,
by any means or device, shall be subject to the prior
approval of the commission 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.
[(8) In cities of the first class, any new holder of a
certificate of public convenience for the operation of a
taxicab shall, prior to the initial operation of such
taxicab, have such taxicab inspected under the supervision of
a State Police officer at the expense of the holder of such
certificate. The holder of said certificate shall make
payment of such expenses at the time of the inspection with a
certified check payable to the Pennsylvania Department of
Transportation.]
* * *
Section 2. Title 66 is amended by adding a chapter to read:
CHAPTER 24
TAXICABS IN FIRST CLASS CITIES
Sec.
2401. Definitions.
2402. Medallion system created.
2403. Property and licensing rights.
2404. Certificate and medallion required.
2405. Contested complaints.
2406. Reissuance of medallion.
2407. Additional certificates and medallions.
2408. Restrictions.
2409. Driver certification program.
2410. Wages.
2411. Centralized dispatcher.
2412. Regulations.
2413. Enforcement.
2414. Budget and fees.
2415. Penalties.
2416. Applicability.
§ 2401. 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:
"First Class City Taxicab Regulatory Fund" or "Fund." A fund
administered by the commission to which all moneys collected
pursuant to the requirements of this chapter shall be deposited
and from which all expenses and costs associated with
administration and enforcement of this chapter shall be paid.
Moneys deposited in the fund shall not be used for any purpose
not specified herein.
"Taxi driver's certificate." A certificate or permit to
drive a taxicab issued pursuant to section 2409 (relating to
driver certification program).
"Taxicab." A motor vehicle designed for carrying no more
than eight passengers, exclusive of the driver, on a call or
demand basis and used for the transportation of persons for
compensation.
§ 2402. Medallion system created.
There is hereby created a medallion system in cities of the
first class in order to provide holders of certificates of
public convenience which authorize citywide call or demand
service the opportunity to upgrade and improve the operations of
taxicabs. Each current holder of a certificate of public
convenience which authorizes citywide call or demand service in
cities of the first class is entitled to apply to obtain a
medallion from the commission at its offices, within 90 days of
the effective date of this chapter, for an initial fee in an
amount to be determined pursuant to the requirements of section
2414 (relating to budget and fees). In the case of a corporate
certificate holder, a medallion shall be issued in the name of
the corporation to its corporate president. The medallion shall
be marked with the taxicab number assigned to the corresponding
certificate of public convenience.
§ 2403. Property and licensing rights.
(a) Property rights.--Medallions are property and may not be
revoked or canceled by the commission. Medallions may be pledged
to lenders or creditors as security on debt. All lenders or
creditors who accept a medallion as security shall file with the
commission a notice of lien which describes the loan
transaction. A lien on a medallion is void by operation of law
unless a notice of lien is filed with the commission. The
commission may not permit a sale of a medallion if a notice of
lien has been filed on the medallion until the lien is removed
or unless the commission is notified by the lienholder that the
lien will be satisfied from the proceeds of the sale. If a
lender or creditor executes on or seizes a medallion, it shall
immediately notify the commission in writing. Any sale of the
medallion, upon seizure or execution, shall occur at commission
offices, pursuant to the requirements of section 2408 (relating
to restrictions), within one year of the seizure or execution.
If the medallion is not sold within one year, the medallion will
become nontransferable, and possession must be surrendered to
the commission.
(b) Licensing rights.--A certificate of public convenience
is a licensing right which accompanies each medallion and
authorizes the operation of one taxicab in cities of the first
class. No property interest shall exist in the certificate
itself. A certificate may not be pledged to lenders or creditors
as security on debt. A certificate may be canceled by the
commission, upon due cause shown, for violation of this title or
commission regulations. If the commission cancels a certificate,
the certificate holder shall have the right to sell the
accompanying medallion within six months of the date of
cancellation, and the certificate holder must turn the medallion
over to the commission office within five days of cancellation
of the certificate for safekeeping until the medallion is sold.
This six-month time period shall be extended during the pendency
of a petition for reinstatement of the certificate of public
convenience. If the medallion is not sold within the statutory
period, the medallion will become nontransferable, and
possession must be surrendered to the commission.
§ 2404. Certificate and medallion required.
(a) Procedure.--A vehicle may not be operated as a taxicab
in cities of the first class unless a certificate of public
convenience is issued 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 commission. The commission shall
require, by order or regulation, that each medallion holder
submit to a periodic vehicle inspection of its taxicab by
commission personnel to ensure that the vehicle meets the
requirements of this title and commission regulations.
Commission inspection requirements shall be in addition to the
vehicle requirements set forth in Title 75 (relating to
vehicles). Commission inspection and recording requirements
shall be established by regulations. No vehicle which is more
than six years old shall continue in operation as a taxicab.
Notwithstanding the foregoing, the commission may authorize the
operation of antique vehicles in call or demand service in such
circumstances as the commission may deem appropriate. Each
medallion holder's tariff rates shall be clearly and visibly
displayed in each taxicab. A medallion shall not be removed from
a vehicle without prior notification to and permission of the
commission. A medallion authorizes operation of a vehicle as a
taxicab only for the fiscal year for which the medallion is
issued.
(b) Protective barrier.--Each taxicab in cities of the first
class shall be equipped with a protective barrier for the
protection of the driver, separating the front seat from the
back seat. The commission may provide for additional driver
protection measures by order or regulation.
(c) Service.--A vehicle authorized by a certificate to
provide call or demand service in cities of the first class may
transport persons and their baggage upon call or demand and
parcels, packages and property at the same basic metered rates
charged to passengers:
(1) between points in the city of the first class for
which its certificate is issued;
(2) from any point in the city of the first class for
which its certificate is issued to any point in this
Commonwealth;
(3) from any point in this Commonwealth to any point in
the city of the first class for which its certificate is
issued, if the request for service for such transportation is
received by call to its radio dispatch service; and
(4) from any point in the city of the first class for
which its certificate is issued to any point outside this
Commonwealth as a continuous part of a trip.
(d) Other vehicles.--A vehicle which is not authorized by a
certificate to provide call or demand service in cities of the
first class, but which is operated by the holder of a
certificate of public convenience from the commission
authorizing call or demand service elsewhere in this
Commonwealth, may transport persons and property:
(1) to cities of the first class in accordance with the
service authorized under its certificate of public
convenience; and
(2) 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.
(e) Penalties involving certificated taxicabs.--Operating a
certificated taxicab in violation of subsections (a) and (b) or
authorizing or permitting such operation is a nontraffic summary
offense. Offenders of subsections (a) and (b) may also be
subject to civil penalties pursuant to section 3301 (relating to
civil penalties for violations).
(f) Unauthorized vehicles.--Operating an unauthorized
vehicle as a taxicab, or giving the appearance of offering call
or demand service with an unauthorized vehicle, without first
having received a certificate of public convenience and a
medallion is a nontraffic summary offense in the first instance
and a misdemeanor of the third degree for each offense
thereafter. The owner and the driver of a vehicle being operated
as or appearing as a taxicab without a certificate of public
convenience and a medallion are also subject to civil penalties
pursuant to section 3301. Civil penalties which have been
assessed and collected shall be deposited in the fund.
(g) Confiscation and impoundment of vehicles.--In addition
to penalties provided for in subsection (f), police officers in
cities of the first class are empowered to confiscate and
impound vehicles and equipment utilized to provide call or
demand service without a certificate of public convenience and a
medallion. Upon satisfaction of all penalties imposed and all
outstanding fines assessed against the owner or operator of the
unauthorized vehicle and payment of the city's costs associated
with confiscation and impoundment, the vehicle and equipment
shall be returned to its owner. Failure to timely satisfy these
conditions within 90 days of impoundment may result in the sale
of confiscated property by a city of the first class at auction.
Proceeds received from the sale of confiscated property, after
payment of the city's costs associated with confiscation, shall
be deposited into the fund.
(h) Counterfeit medallions.--The manufacture or possession
of a counterfeit medallion is a misdemeanor of the third degree
for each offense.
§ 2405. Contested complaints.
(a) Adjudication.--Contested complaints brought before the
commission, alleging violations of this chapter or rules and
regulations promulgated by the commission pursuant to this
chapter, shall be assigned by the commission to a presiding
officer who shall be a special agent or administrative law judge
for adjudication. Presiding officers assigned to cases pursuant
to this chapter may be removed by the commission only for good
cause shown. Following the taking and receiving of evidence, the
presiding officer shall issue a decision which determines the
merits of the complaint and assesses a penalty, if warranted. In
extraordinary circumstances, the presiding officer may require
the filing of briefs prior to issuing a decision. The presiding
officer's decision shall not be subject to exception or
administrative appeal. In its discretion, the commission may
exercise review of a presiding officer's decision within 15 days
of the date of issuance. If the commission does not exercise its
authority to review a presiding officer's decision, the decision
will become a final order without further commission action. The
commission may establish orders or regulations which designate
rules and procedures for the adjudication of complaints brought
pursuant to this chapter.
(b) Commencement of complaints.--Commission enforcement
officers and police officers or licensing officials in cities of
the first class may commence and prosecute complaints brought
before the commission pursuant to this chapter and provisions of
this title and commission regulations applicable to taxicab
operations in cities of the first class.
(c) Other penalties.--Nothing in this section shall be
deemed to limit the ability of any city of the first class to
prosecute violations and seek criminal penalties in a court of
law.
§ 2406. Reissuance of medallion.
Within 30 days of the close of each fiscal year, a medallion
holder shall apply to obtain from the commission a reissued
medallion for a fee in an amount to be determined pursuant to
the requirements of section 2414 (relating to budget and fees).
Each year's medallion shall designate the year of issuance and
shall be identifiable by a distinctive tint or color and shape
to be determined by the commission. A medallion may not be
issued by the commission unless all outstanding commission
fines, penalties and fees have been paid in full and unless all
insurance, tariff and vehicle inspection filings are current.
Immediately prior to reissuance of a medallion, a medallion
holder shall remove the prior year's medallion from the hood of
its taxicab and surrender it to the commission. Upon reissuance,
the new medallion shall be immediately attached to the vehicle.
The annual fee paid under this section shall be in lieu of the
assessment set forth in section 510 (relating to assessment for
regulatory expenses upon public utilities).
§ 2407. Additional certificates and medallions.
Subject to the limits established in section 1103(c)
(relating to procedure to obtain certificates of public
convenience), the commission 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 commission. The fee
is payable prior to the time of issuance. In determining the
reasonable market value of a medallion, the commission shall
consider the purchase price in medallion transactions over the
prior year as reflected in commission records. The commission in
its discretion may hold hearings to determine the reasonable
market value of a medallion. In no case shall the number of
certificates and medallions issued by the commission exceed
1,600 each.
§ 2408. Restrictions.
(a) Place of transaction.--A medallion may not be sold or
transferred to another party unless the closing of the sales
transaction occurs at commission offices in the presence of a
designated commission staff member. The commission staff member
shall witness the execution of each contract of sale to evidence
staff presence at the execution. All contracts for the sale of
medallions which are not executed at commission offices and
witnessed by a commission staff member are void by operation of
law. All sales contracts shall conform to such rules and
regulations as the commission may prescribe. Prior to each
closing, the buyer of the medallion shall pay a fee in an amount
to be determined pursuant to the requirements of section 2414
(relating to budget and fees).
(b) Issuance of certificate.--Upon the witnessing of a sale
of a medallion and upon application of the purchaser and
compliance with commission tariff, insurance and inspection
requirements, the commission staff shall issue an accompanying
certificate to the new medallion holder unless the commission
determines that the transfer of the certificate is inconsistent
with the public interest. Where there is a determination that a
transfer is not in the public interest, the new medallion holder
shall have six months from the date the adverse determination is
entered to sell the medallion to a new owner. If a sale is not
consummated before commission personnel within six months, the
medallion will become nontransferable, and possession must be
surrendered to the commission.
(c) Criminal records.--No person or corporation may purchase
a medallion or apply for a certificate if the person or
corporation or an officer or director of the corporation has
been convicted or found guilty of a felony within the five-year
period immediately preceding the transfer. All applications for
a certificate shall contain a sworn affidavit certifying that
the purchaser has not been convicted of a felony in the previous
five years. If, at any time, the commission finds that a
medallion holder has been convicted of a felony while holding
the medallion or during the five years immediately preceding its
purchase, the commission shall cancel the corresponding
certificate.
§ 2409. Driver certification program.
(a) General rule.--The commission shall provide for the
establishment of a driver certification program for drivers of
taxicabs in cities of the first class. Standards for fitness of
taxi drivers shall be established under such rules and
regulations as the commission may prescribe. The commission may
revoke or suspend a taxi driver's certificate upon a finding
that the individual is not fit to operate a taxicab. Each
applicant for a taxi driver's certificate shall pay a fee in an
amount to be determined pursuant to the requirements of section
2414 (relating to budget and fees). Upon approval, a picture
taxi driver's certificate will be issued to an applicant. No
individual shall operate a taxicab at any time unless the
individual is certified as a taxi driver by the commission. Each
certified taxi driver shall carry and display in full view a
taxi driver's certificate at all times of operation of a
taxicab. The commission may establish orders or regulations
which designate additional requirements governing the
certification of drivers and the operation of taxicabs by
drivers, including, but not limited to, dress codes for drivers.
(b) Violations.--Operating a taxicab without a taxi driver's
certificate or authorizing or permitting the operation of a
taxicab by a driver who is not certified as a taxi driver in
cities of the first class is a nontraffic summary offense in the
first instance and a misdemeanor of the third degree for each
offense thereafter. The commission may by regulation provide for
suspension and revocation of taxi drivers' certificates for
violations of this chapter and commission regulations.
(c) Agreements delegating responsibilities.--The commission
is hereby authorized to enter into agreements or contracts
delegating the duties and responsibilities designated in
subsection (a) to a different governmental entity or to another
party.
§ 2410. Wages.
(a) Minimum wage.--Each medallion 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 commission upon investigation. The
minimum wage rate and the maximum lease amount, as established
by the commission, may include employee benefits.
(b) Uniform rates.--All taxicabs in cities of the first
class shall charge a uniform rate to passengers, as determined
by the commission upon investigation.
(c) Reopen investigations.--Any medallion holder or licensed
driver may petition the commission to reopen the investigations
addressed by subsections (a) and (b) no less than 18 months
after the close of the preceding investigation.
§ 2411. Centralized dispatcher.
In cities of the first class, all medallion holders shall
utilize the services of a centralized dispatch radio system. Any
owner of a centralized radio dispatch system shall make such
system available to all medallion holders for a reasonable fee,
as described in a rate schedule to be filed with the commission.
The commission, in its discretion, may review the rate schedules
of radio associations to determine if rates charged discriminate
against new applicants. Medallion holders shall have no
obligation to use any particular radio system.
§ 2412. Regulations.
The commission may prescribe such rules and regulations as it
deems necessary to govern the regulation of taxicabs in cities
of the first class pursuant to the provisions of this chapter.
§ 2413. Enforcement.
The provisions of this chapter and the rules and regulations
promulgated by the commission pursuant to this act shall be
enforced by commission personnel in conjunction with the police
department in each first class city to the degree funding is
provided. The commission shall enter into contracts with each
first class city or its police department to provide for
continuous enforcement of this chapter. Such contracts shall
include specific delineation of personnel, including
supervisory, field, support and legal personnel, and other
resources to be supplied by the first class city and a listing
of activities which shall be addressed. Annually, prior to the
commission submitting a budget and proposed fee schedule and
based upon discussions and negotiations with the police
departments of each first class city, the commission shall
determine the number of police (field) officers desired for
enforcement. Based on this determination, each first class city
shall submit to the commission, for its consideration within 30
days of receipt of such determination, a budget which lists the
number, experience and ranks of personnel, including
supervisory, field, support and legal personnel, and the level
of operating and fixed asset funding. The commission shall
provide for full funding of the city enforcement activities, as
agreed upon by the commission and a first class city, from the
fund.
§ 2414. Budget and fees.
(a) Initial budget and fees.--After execution of a contract
between the commission and a first class city or its police
department pursuant to section 2413 (relating to enforcement),
the commission shall complete an initial budget and fee
schedule. The fee schedule shall identify the initial fees for
initial issuance of a medallion, transfer of a medallion and
issuance of a taxi driver's license. The commission's initial
budget and fee schedule shall be submitted to the House Consumer
Affairs Committee and the Senate Consumer Protection and
Professional Licensure Committee. Unless either the Senate or
the House of Representatives acts to disapprove through adoption
of a resolution within ten legislative days from the date of
submittal, the commission's fee schedule shall become effective
and the commission shall notify each medallion holder by
certified letter of the initial fee schedule.
(b) Fiscal year budget and fees.--The fiscal year for the
fund shall commence on July 1 of each year. Prior to the close
of each fiscal year, the commission shall submit a budget and
proposed fee schedule for the coming fiscal year along with
comprehensive financial data from the past fiscal year to the
House Consumer Affairs Committee and the Senate Consumer
Protection and Professional Licensure Committee. Unless either
the Senate or the House of Representatives acts to disapprove
through adoption of a resolution within ten legislative days
from the submission, the commission fee schedule shall become
effective. The commission shall notify all medallion holders of
the fee schedule for the coming fiscal year by certified letter.
§ 2415. Penalties.
For the purpose of this chapter, any person or corporation
convicted of:
(1) a summary offense shall be sentenced to pay a fine
of $500 and may be sentenced to a term of imprisonment not to
exceed 90 days, or both; or
(2) a misdemeanor shall be sentenced to pay a fine of
$2,500 and may be sentenced to a term of imprisonment not to
exceed one year, or both.
§ 2416. Applicability.
Where other provisions of this title or other laws of this
Commonwealth are in conflict with the provisions of this
chapter, the provisions of this chapter shall govern taxicabs in
cities of the first class and other conflicting provisions are
hereby suspended insofar as they govern taxicabs in cities of
the first class.
Section 3. This act does not affect any act done, liability
incurred or right accrued or vested or affect any civil or
criminal proceeding pending or to be commenced to enforce any
right or penalty or punish any offense under any statute or part
of a statute suspended by this act.
Section 4. This act shall take effect as follows:
(1) The provisions of section 2404(a) that prohibit the
operation of taxicabs more than six years old shall take
effect in one year.
(2) The remainder of this act shall take effect in 90
days.
APPROVED--The 4th day of April, A. D. 1990.
ROBERT P. CASEY
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