52 Pa. Code § 1011.11 - Record retention

(a) Records to be maintained. All of the following records shall be maintained in the English language for 2 years from the date of origin:

(1) Taxicab certificate holders.

(i) Each lease agreement for a taxicab or medallion, or both.

(ii) Records of payment by a driver under each lease agreement for a taxicab or medallion, or both.

(iii) Records related to accidents involving vehicles used as taxicabs, including repair records.

(iv) Trip sheets or service logs used by a certificate holder's drivers when the certificate holder is exempted from the standard meter requirements in this subpart under § 1017.24(f) (relating to meter activation and display). The trip logs may be maintained on digital or other electronic devices as approved by the Authority upon a detailed written request by the certificate holder.

(2) Dispatchers.

(i) Records of dues paid by taxicab certificate holders or drivers for dispatching services.

(ii) Prior lists of associated taxicabs.

(iii) Prior rule books or other terms of participation applicable to taxicab certificate holders or drivers that are associated with the dispatcher.

(3) Brokers. Brokers shall retain documents submitted to the Authority for review of each proposed sale of rights, including closing documents

(b) Order. Paper or electronic records, or both, shall be maintained in chronological order by date and time of day.

(c) Review by Authority. A regulated party shall produce records maintained under subsection (a) to the Authority upon written request or upon inspection as provided in § 1011.8 (relating to facility inspections). In the event the records require a special form of software to search or interpret, a regulated party shall make that software available to the Authority.

(d) Audit of driver records.

(1) Maintenance period. Medallion taxicab certificate holders shall maintain records in the English language for 2 years from the date of origin concerning taxicab drivers under § 1011.9(b) (relating to taxicab service limitations).

(2) Compliance audit. The Authority may conduct a compliance audit of the records required to be maintained by a medallion taxicab certificate holder under § 1011.9(b) to verify that the certificate holder has complied with the taxicab driver screening requirements and to confirm that the certificate holder's taxicab drivers are eligible to provide taxicab service under this part.

(3) Audit designation. Upon the random selection of a medallion taxicab being called for a compliance inspection under § 1017.31 (relating to vehicle inspections by the Authority), the medallion taxicab certificate holder will be notified by the Manager of Administration that it has also been designated for an audit under this section.

(i) Within 5 business days of receiving an audit designation, the medallion taxicab certificate holder shall make available for visual inspection to the Authority the records required to be maintained under § 1011.9(b) for each taxicab driver that has provided taxicab service in the immediately preceding 1 year using the medallion taxicab that was called for a compliance inspection.

(ii) The records shall be produced in person to the Manager of Administration or by email to TLDAdmin@philapark.org.

(iii) If an audit reveals that the medallion taxicab certificate holder authorized a taxicab driver to provide taxicab service when the criminal history report or driver history report revealed that the taxicab driver was ineligible under this part or the certificate holder did not conduct the annual records required under § 1011.9(b), the Authority may impose a penalty against the medallion taxicab certificate holder and taxicab driver under § 1001.61 (relating to penalties) and may subject the rights to an out of service designation under § 1003.32 (relating to out of service designation).

(iv) The medallion taxicab certificate holder shall immediately remove a noncompliant taxicab driver identified as provided in subparagraph (iii) from taxicab service upon the Authority's direction.

(v) The Authority may alert other medallion taxicab certificate holders of the ineligibility of the noncompliant taxicab driver to protect the public good.

(4) Remedial audits.

(i) In the event that an audit discrepancy is identified as specified in paragraph (3)(iii), the Authority may direct a medallion taxicab certificate holder to submit a follow-up report detailing its efforts to ensure compliance with § 1011.9(b).

(ii) In the event that that an egregious audit discrepancy is identified or multiple audit discrepancies are identified or the Authority makes a determination that a medallion taxicab certificate holder has failed to reasonably cooperate in the driver information audit process, the Authority may direct a medallion taxicab certificate holder to participate in remedial audits.

(iii) A determination under this section is subject to § 1005.24 (relating to appeals from actions of the staff).

(iv) A remedial audit will proceed as provided in paragraph (3) and may subject a review of all taxicab drivers providing service in any medallion taxicab owned by the certificate holder during the immediately preceding year regardless of whether the taxicab was called for a compliance inspection.

(v) The Authority may direct one remedial audit at any time each month for a 4-month period following discovery of a violation under this section.

(e) Enforcement investigations. This section may not be construed to limit the power of the Authority to conduct enforcement investigations related to this part or the obligation of certificate holders and taxicab drivers to cooperate with investigations and produce information demanded as required under this part.

Notes

52 Pa. Code § 1011.11

The provisions of this § 1011.11 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.

The provisions of this § 1011.11 temporarily amended under 53 Pa.C.S. § 57B 02.

This section cited in 52 Pa. Code § 1011.9 (relating to taxicab service limitations); 52 Pa. Code § 1017.62 (relating to taxicab leases); 52 Pa. Code § 1019.14 (relating to dispatcher records); 52 Pa. Code § 1021.17 (relating to partial-rights taxicab driver log); and 52 Pa. Code § 1029.14 (relating to broker conduct and obligations).