52 Pa. Code § 1011.3 - Annual rights renewal process
(a)
Expiration of driver and broker rights. All driver and broker
rights will expire as follows:
(1) A taxicab
driver's certificate will expire 1 year from its date of issuance or renewal
unless a taxicab driver opts to pay no more than double the annual renewal fee
as provided in §
1011.4 (relating to annual
assessments and renewal fees) to be issued a taxicab driver certificate to
expire 2 years from the date of issuance or renewal.
(2) Except as provided in subsection (g), a
broker registration will expire on June 30 of each year.
(b)
Expired rights.
(1) Expired rights may be placed out of
service by the Authority as provided in §
1003.32 (relating to out of
service designation).
(2) Taxicab
driver certificates that have been expired for 2 years or more will be deemed
cancelled.
(3) Broker registrations
that have been expired for 1 year or more will be deemed
cancelled.
(c)
Renewal forms.
(1) Rights in
subsection (a) shall be renewed by completing and filing the required renewal
form with the Manager of Administration. Renewal forms may be obtained on the
Authority's web site at www.philapark.org/tld or from TLD
Headquarters.
(2) The renewal forms
may require the submission of additional information or documents to confirm
continuing eligibility under the act or this part.
(3) The renewal forms shall be verified as
provided in §
1001.36 (relating to verification
and affidavit) and filed as follows:
(i) For
taxicab drivers' certificates, Form DR-3 "Driver Renewal" shall be filed
between 60 and 90 days before the expiration date printed on the taxicab
driver's certificate.
(ii) For
broker registrations, Form BR-4 "Broker Renewal" shall be filed on or before
February 15 of each year.
(d)
Renewal denial. The
Authority will deny renewal of rights in all of the following circumstances:
(1) If the owner of the rights subject to
renewal fails to complete the renewal process.
(2) The renewal process reveals information
about the renewing person that would have resulted in a denial of an initial
application for the rights.
(3) The
renewing person fails to comply with §
1011.4.
(e)
Incomplete renewals. If
the filing requirements of the renewal forms are incomplete for any reason,
including compliance with §
1011.7 (relating to payment of
outstanding fines, fees and penalties), the regulated party shall have 90 days
from the filing date of the renewal form to complete the renewal process or the
application will be rendered void.
(f)
Suspended driver and broker
rights. Rights subject to suspension for any reason must be renewed on
the dates and in the manner provided by subsection (c)(3) regardless of the
suspended status.
(g)
New
certificates and registrations. A certificate or broker registration
will not be subject to the renewal or annual information filing requirements in
this section during the calendar year in which it is first issued.
(h)
Taxicab and dispatcher
information filing.
(1) The owner of
taxicab or dispatcher rights shall complete the annual information filing
required under this subsection to ensure continued compliance with the act,
this part and the orders of the Authority.
(2) The annual information filing required
under this subsection shall be verified as provided in §
1001.36 and filed with the Manager
of Administration as follows:
(i) For
medallion taxicab certificates, Form TX-1 "Medallion Renewal" shall be filed on
or before May 1 of each year.
(ii)
For partial-rights taxicab certificates, Form PR-1 "Partial Rights Renewal"
shall be filed on or before March 31 of each year.
(iii) For dispatcher certificates, Form DSP-6
"Dispatcher Renewal" shall be filed on or before March 31 of each
year.
(3) The forms
identified in paragraph (2) may require the submission of additional
information or documents in furtherance of that review and may be obtained on
the Authority's web site at www.philapark.org/tld or from TLD
Headquarters.
(4) The filing
requirements of this subsection apply to rights subject to suspension for any
reason.
(5) The failure to file any
of the annual information filing forms required under this subsection will
subject the applicable rights to an out of service designation as provided in §
1003.32(c).
(6) The TLD will not issue a TLD inspection
sticker to a vehicle operated through a taxicab certificate if the review of
the information required under this section reveals information about the
certificate holder that would have resulted in a denial of an initial
application for the rights. This paragraph does not relieve a certificate
holder of any other penalty that may result from noncompliance, nor the
obligation to appear at inspections as directed by the TLD.
(7) The annual information filings will be
reviewed for all of the following:
(i) The
filing does not reveal information about the certificate holder that would have
resulted in a denial of an initial application for the rights.
(ii) The certificate holder is in compliance
with §
1011.4.
(iii) The certificate holder is in compliance
with §
1011.7.
(8) Failure to complete the annual
information filing requirements of this subsection within 30 days of notice
will subject the applicable rights to an out of service designation as provided
in §
1003.32(c).
Notes
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 § 1011.3 temporarily amended under 53 Pa.C.S. § 57B 02.
This section cited in 52 Pa. Code § 1013.32 (relating to bidder qualifications); 52 Pa. Code § 1017.42 (relating to prerequisites to inspection); 52 Pa. Code § 1019.8 (relating to dispatcher requirements); 52 Pa. Code § 1021.3 (relating to designation of taxicab driver's certificates); 52 Pa. Code § 1021.5a (relating to special wheelchair accessible vehicle taxicab driver's certificate and requirements); and 52 Pa. Code § 1029.1 (relating to purpose).
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