(a) Property rights.--Medallions are property and may not be revoked or canceled by the authority. Medallions may be pledged to lenders or creditors as security on debt. All lenders or creditors who, after the effective date of this section, accept a medallion as security shall do so in conformance with 13 Pa.C.S. (relating to commercial code). If a lender or creditor executes on or seizes a medallion, it shall immediately notify the authority in writing. Any sale of the medallion, upon seizure or execution, shall occur at authority offices pursuant to the requirements of section 5718 (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 authority unless the authority finds exigent circumstances exist which warrant extending the one-year period.
(b) Licensing rights.--A certificate of public convenience is a licensing right which accompanies each medallion and authorizes the operation of one taxicab within a city 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 authority, upon due cause shown, for violation of this subchapter or authority regulations. If the authority 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 authority 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 authority.
(July 16, 2004, P.L.758, No.94, eff. imd.)
2004 Amendment. Act 94 reenacted section 5713.
2004 Unconstitutionality. Act 230 of 2002 was declared unconstitutional. City of Philadelphia v. Commonwealth, 838 A.2d 566 (Pa. 2003).
Cross References. Section 5713 is referred to in section 5710 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 53 - MUNICIPALITIES GENERALLY
Chapter 57 - Taxicabs and Limousines in First Class Cities
Section 5701.1 - Legislative findings
Section 5702 - Advisory committee
Section 5704 - Power of authority to require insurance
Section 5705 - Contested complaints
Section 5706 - Driver certification program
Section 5707 - Budget and assessments
Section 5707.1 - Assessment notice and hearings
Section 5711 - Power of authority to issue certificates of public convenience
Section 5712 - Medallion system
Section 5713 - Property and licensing rights
Section 5714 - Certificate and medallion required
Section 5715 - Contested complaints (Deleted by amendment)
Section 5716 - Reissuance of medallion
Section 5717 - Additional certificates and medallions
Section 5719 - Driver certification program (Deleted by amendment)
Section 5721 - Centralized dispatcher
Section 5723 - Budget and fees (Deleted by amendment)
Section 5724 - Criminal penalties
Section 5725 - Civil penalties
Section 5741 - Certificate of public convenience required
Section 5741.1 - Power of authority
Section 5743 - Budget and fees (Deleted by amendment)