(a) Duty.--The authority shall, within 90 days of the effective date of this section, promulgate temporary regulations. The temporary regulations shall not be subject to the following:
(1) Sections 201, 202, 203, 204 and 205 of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law.
(2) Sections 204(b) and 301(10) of the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act.
(3) The act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.
(b) Expiration.--The temporary regulations shall expire upon the promulgation of final-form regulations or two years following the effective date of this section, whichever is later.
(c) Issues.--The authority shall address the following in the temporary and final-form regulations required by this subsection:
(1) The dollar amount of all fees and assessments issued by the authority. The following shall apply:
(i) (Repealed).
(ii) (Repealed).
(2) Vehicle inspections, including the manner and frequency of inspections. The following shall apply:
(i) The authority may subject no more than 25% of all taxicabs operating in a city of the first class to annual inspections to verify that the vehicle satisfies the mechanical inspection required under 75 Pa.C.S. Ch. 47 (relating to inspection of vehicles) and vehicle quality standards under paragraph (7).
(ii) The fee charged by the authority for an annual inspection, in addition to State minimum inspection and emissions testing charges, if also conducted by the authority, shall be $25.
(3) Dispatcher requirements and methods of dispatch recognizing the availability of a wide variety of technologies that facilitate two-way communication. The office of a certified dispatcher shall not be required to be located within a city of the first class.
(4) Log sheets and manifests, including the storage of information on digital or other electronic devices.
(5) Meter and metering requirements addressing the use of a variety of technologies, including GPS-based meters. The following shall apply:
(i) The authority may not require the use of a particular meter.
(ii) Taxicab meters must meet the following minimum standards:
(A) Have credit card processing capabilities that work in tandem with the meter.
(B) Be capable of producing reports.
(C) Calculate distance and time.
(6) Vehicle standards, age and mileage, including procedures to petition for exceptions to age and mileage standards. The following shall apply:
(i) Taxicabs, including wheelchair-accessible vehicles, operating in a city of the first class shall be no more than eight model years old and have been driven no more than 350,000 cumulative miles.
(ii) The authority may not establish service entry mileage requirements for taxicabs, including wheelchair-accessible vehicles.
(iii) Requirements for wheelchair-accessible vehicles shall be consistent with the vehicle standards contained in 49 CFR Pt. 38 (relating to Americans with Disabilities Act (ADA) accessibility specifications for transportation vehicles).
(7) Vehicle quality standards, including compliance with environmental, cleanliness, safety and customer service standards, including special safety requirements for children. Vehicle quality standards adopted by the authority shall not exceed the requirements of section 57A09(b)(3)(iii)(relating to vehicle inspections).
(8) Marking of taxicabs, including advertising. Vehicle colors shall not be subject to approval by the authority.
(9) Requirements for the purchase and use of safety cameras, recognizing the availability of a variety of technologies. The following shall apply:
(i) Taxicabs operating in a city of the first class shall have either a partition or a safety camera.
(A) If a safety camera is used, the authority may not require the use of a specific safety camera.
(B) If a safety camera is used:
(I) It must be turned on and operational at all times that a taxicab's motor is running.
(II) Safety camera images must be maintained and stored for no less than 30 days at the medallion owner or certified dispatcher's place of business.
(C) Safety camera specifications developed by the authority shall meet the specifications of no less than five safety cameras available for purchase at retail.
(ii) The authority shall be permitted to access safety camera images upon written request to a certificate holder, when necessary:
(A) For the purpose of investigating a formal complaint against a medallion owner or taxicab driver.
(B) To respond to a subpoena, court order or other legal obligation.
(10) Driver qualification and screening, including requirements for criminal background and driving history checks. The following shall apply:
(i) Drivers must have a valid driver's license and be at least 21 years of age.
(ii) Third-party training of drivers may be permitted if the third party's training program is approved by the authority.
(iii) The following shall disqualify a person from operating a taxicab within a city of the first class:
(A) A conviction for any of the following within the preceding seven years:
(I) Driving under the influence of drugs or alcohol.
(II) A felony conviction involving theft.
(III) A felony conviction for fraud.
(IV) A felony conviction for a violation of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.
(B) A conviction for any of the following within the preceding 10 years:
(I) Use of a motor vehicle to commit a felony.
(II) Burglary or robbery.
(C) A conviction for any of the following at any time:
(I) A sexual offense under 42 Pa.C.S. § 9799.14(c) or (d) (relating to sexual offenses and tier system) or similar offenses under the laws of another jurisdiction or under a former law of this Commonwealth.
(II) A crime of violence as defined in 18 Pa.C.S. § 5702 (relating to definitions).
(III) An act of terror.
(D) Three moving violations or a major violation in the three-year period prior to the driving history check.
(iv) Medallion owners shall be required to conduct or have a third party conduct annual criminal background and driving history checks for all drivers operating under the owner's medallion. A driver whose criminal background or driving history renders the driver ineligible to operate a taxicab shall be immediately disqualified by the medallion owner.
(11) The operation of taxicabs on a provisional basis. The following shall apply:
(i) A person that has filed an application with the authority requesting a taxicab driver's certificate may operate a taxicab, on a provisional basis, for up to 90 days or until a certificate is obtained from the authority, whichever is earlier.
(ii) The fee for a taxicab driver's certificate shall be $25 beginning on the effective date of this section and ending January 1, 2018. Thereafter, any annual increase to the fee may not exceed the percentage annual change in the Gross Domestic Product Price Index, as calculated by the United States Department of Commerce.
(12) Taxicab rates and rate change procedures for both meters and digital platforms. Regulations shall reflect reduced or flexible rates and tariffs as appropriate. The following shall apply:
(i) Dispatch companies may offer below-tariff pricing such as coupons, loyalty programs and corporate client discounts.
(ii) Peak-hour surcharges are permitted. The following shall apply:
(A) Peak-hour surcharges shall be established following consultation with the advisory committee created under section 5702 (relating to advisory committee).
(B) Peak-hour surcharges shall be reviewed annually.
(13) Procedures for cancellation, no-show and cleaning fees.
(14) Penalties for violations, including a process for curing a violation. The authority shall:
(i) Develop a schedule of reduced penalties for violations cured within 48 hours.
(ii) Provide notice of a violation to a medallion owner at least five days prior to disabling a taxicab meter or otherwise disabling a taxicab's ability to operate.
(15) The use of standby vehicles. The authority shall develop an implementation plan for the use of standby vehicles.
(16) Administrative procedures, including:
(i) Stamping of Department of Transportation paperwork.
(ii) Voluntary suspension of a taxicab. The following shall apply:
(A) There shall not be a cap on the length of time that a taxicab may be voluntarily suspended from service.
(B) Removal of medallions from vehicles that have been voluntarily suspended from service shall be permitted. Authority approval shall not be required for the removal of a medallion from a voluntarily suspended vehicle.
(iii) The prohibition of mandatory medallion selling periods.
(iv) Licensing and license renewal.
(v) The issuance of certifications and certificates of public convenience.
(vi) Consultation with and consideration of comments submitted by the advisory committee as required by section 5702. The authority shall meet with the advisory committee on a monthly basis.
(17) Limousine rates and rate change procedures. Regulations shall reflect reduced or flexible rates and tariffs as appropriate.
(Oct. 30, 2017, P.L.725, No.44, eff. imd.)
2017 Repeal. Act 44 repealed subsec. (c)(1)(i) and (ii).
Structure Pennsylvania Consolidated & Unconsolidated Statutes