(a)
Vehicles.
(1) Upon
observation of a condition of a taxicab or limousine that creates a public
safety concern, the Enforcement Department may immediately place the taxicab or
limousine out of service. Public notice of a vehicle's out of service status
will be conspicuously affixed to the vehicle and may only be removed by the
Authority after inspection as provided in §
1017.36 (relating to reinspection)
or by order as provided in subsection (h).
(2) Upon observation of a condition of a
taxicab or limousine that violates the act, this part or an order of the
Authority, and which does not constitute an immediate public safety concern,
the Enforcement Department will provide notice of the violation to the
certificate holder as provided §
1001.51 (relating to service by
the Authority) and its intent to initiate an out of service designation against
the taxicab or limousine. If the certificate holder does not provide proof to
the Enforcement Department that the violation was corrected within 5 days of
the notice, the Enforcement Department may place the taxicab or limousine out
of service as provided in paragraph (1).
(b)
Drivers. A driver's
certificate issued by the Authority under section 5706 of the act (relating to
driver certification program) may be placed out of service by the Enforcement
Department upon determination that the driver's operation of a taxicab or
limousine will create a public safety concern or if the driver fails to appear
at TLD Headquarters upon direction of the Enforcement Department without just
cause.
(c)
Certificates and
other rights. When a regulation or order of the Authority directs that
a certificate or other right issued by the Authority be placed out of service,
the Enforcement Department will provide notice of the violation to the
certificate holder as provided in §
1001.51 and its intent to initiate
an out of service designation against the certificate or other right issued by
the Authority. If the certificate holder does not provide proof to the
Enforcement Department that the violation was corrected within 5 days of the
notice, the Enforcement Department may place the certificate or other right
issued by the Authority out of service and the procedures of this section
apply.
(d)
Notice to the
Clerk. The Enforcement Department will provide notice of an out of
service designation to the Clerk. The notice will be provided by 4:30 p.m. on
the next day during which the Authority maintains office hours as provided in §
1001.8 (relating to Authority
office hours and address). The notice will include the date and time that the
out of service designation was made, and the following information about the
respondent, if available:
(1) Name.
(2) Address.
(3) Email address.
(4) Telephone number.
(5) Authority number assigned to the out of
service rights.
(e)
Hearing to be scheduled. Upon notification of an out of
service designation as provided in subsection (c), the Clerk will schedule a
hearing before an Adjudication Department presiding officer within 3 days of
the out of service designation.
(f)
Formal complaint.
(1) The
Enforcement Department will file a formal complaint with the Clerk against the
out of service respondent for the violations forming the basis of the out of
service designation within 2 days of the designation. The complaint will be
served as set forth in §
1001.51. The Enforcement
Department is not prohibited from issuing and filing a formal complaint at the
time notice is issued of its intent to initiate an out of service designation
as provided in this section.
(2)
The out of service designation will be terminated and the Clerk will notify the
respondent and the presiding officer of the cancellation of the scheduled
hearing in the event a complaint is not filed as provided in paragraph
(1).
(3) The out of service
respondent shall file an answer to the Enforcement Department's complaint as
provided in §
1005.41 (relating to answers to
complaints, petitions, motions and other filings requiring a response). The
answer shall be filed with the Clerk and served as provided in §
1001.52 (relating to service by a
party). If the formal complaint is a form citation as provided in §
1005.13 (relating to citation
complaints by the Authority), the out of service respondent shall respond to
the citation under §
1005.13(b).
(g)
Scope of hearing.
(1) The averments of the Enforcement
Department's complaint filed as provided in subsection (f)(1) will be deemed
denied by the respondent for purposes of the out of service hearing.
(2) At the out of service hearing, the
Enforcement Department will bear the burden of proof by a preponderance of the
evidence that the out of service designation remains appropriate under this
section. The respondent may submit evidence, cross-examine Enforcement
Department witnesses and otherwise participate in the hearing as provided by
Chapter 1005 (relating to formal proceedings).
(h)
Order. An order
following an out of service hearing may rescind, modify or continue the out of
service designation. When an order of the presiding officer modifies or
continues an out of service designation, the order will include a prompt date
for a hearing on the Enforcement Department's formal complaint.
(i)
Appeal. The decision of
the presiding officer will constitute a recommended decision and will be
reviewed by the Authority as provided in §
§
1005.211-
1005.215 (relating to exceptions
to recommended decisions).
Notes
The
provisions of this § 1003.32 temporarily amended May 5, 2017, effective
2/25/2017, expire upon
promulgation of final-form regulations or on November 5, 2018, whichever is
later, as set forth in 53 Pa.C.S. § 57B 02(b), 47 Pa.B.
2558.
This regulation has been recognized as invalid as
applied to partial-rights taxicabs. Germantown Cab Company v. Philadelphia
Parking Authority, 155 A.3d 669 (Pa. Cmwlth. 2017).
The provisions of this § 1003.32 temporarily amended
under 53 Pa.C.S. § 57B 02.
This section cited in 52 Pa. Code §
1003.31 (relating to definitions);
52 Pa. Code §
1011.3 (relating to annual rights
renewal process); 52 Pa. Code §
1011.4 (relating to annual
assessments and renewal fees); 52 Pa. Code §
1011.5 (relating to ineligibility
due to conviction or arrest); 52 Pa. Code §
1011.11 (relating to record
retention); 52 Pa. Code §
1011.15 (relating to death or
incapacitation of a certificate holder or certain persons with controlling
interest); 52 Pa. Code §
1017.31 (relating to vehicle
inspections by the Authority); 52 Pa. Code §
1017.33 (relating to failure to
appear for scheduled inspection); 52 Pa. Code §
1017.35 (relating to failure to
submit to field inspection); 52 Pa. Code §
1017.42 (relating to prerequisites
to inspection); 52 Pa. Code §
1017.51 (relating to definitions);
52 Pa. Code §
1021.11 (relating to driver
requirements); 52 Pa. Code §
1025.2 (relating to insurance
forms and procedures); 52 Pa. Code §
1051.3 (relating to annual rights
renewal process); 52 Pa. Code §
1051.4 (relating to annual rights
renewal fees); 52 Pa. Code §
1051.5 (relating to ineligibility
due to conviction or arrest); 52 Pa. Code §
1051.10 (relating to record
retention); 52 Pa. Code §
1051.14 (relating to death or
incapacitation of a certificate holder or certain persons with controlling
interest); 52 Pa. Code §
1055.15 (relating to failure to
submit to field inspection); 52 Pa. Code §
1055.19 (relating to prerequisites
to inspection); and 52 Pa. Code §
1055.31 (relating to
definitions).
