52 Pa. Code § 1011.9 - Taxicab service limitations
(a)
Providers. Only the following individuals may provide taxicab
service:
(1) The owner, if the owner is a
taxicab driver.
(2) An employee of
the certificate holder who is a taxicab driver.
(3) A taxicab driver who leases the taxicab
directly from the certificate holder.
(b)
Supervision. A
certificate holder shall continually supervise its taxicab to make certain that
only those taxicab drivers authorized by this section provide taxicab service.
(1) A medallion taxicab certificate holder is
required to ensure that a person holds a valid taxicab driver's certificate
issued by the Authority before permitting the person to drive a
taxicab.
(2) A medallion taxicab
certificate holder is required to ensure that a person holds a valid WAV
taxicab driver's certificate issued by the Authority before permitting the
person to drive a WAV taxicab.
(c)
Criminal history and driver
history reports.
(1) A medallion
taxicab certificate holder is required to conduct or have a third party conduct
annual criminal history and driver history checks for taxicab drivers operating
under the certificate holder's medallion.
(i)
The criminal history report shall be conducted on a local and National
background check, which must include a multistate or multijurisdictional
criminal records locator or other similar commercial Nationwide database with
primary source validation and a review of the United States Department of
Justice's National Sex Offender Public Website.
(ii) The driver history report shall be
obtained from the Department of Transportation or similarly authorized
government entity in another jurisdiction of the United States containing
details about a driver's history including accidents and violations issued by a
jurisdiction within the United States.
(2) A medallion taxicab certificate holder
shall review the criminal history and driving history reports before a taxicab
driver operates under its medallion, and on annual basis thereafter, to ensure
the driver has not been subject to a conviction as defined under §
§
1001.10 and
1021.4 (relating to definitions;
and ineligible persons for taxicab driver certificate), holds a current valid
driver's license, and has not been subject to three moving violations or a
major violation as defined under §
1011.2 (relating to
definitions).
(3) A taxicab driver
whose criminal history or driver history renders the driver ineligible to
operate a taxicab under §
1011.5 (relating to ineligibility
due to conviction or arrest) or §
1021.4 shall be immediately
disqualified by the medallion taxicab certificate holder and the
disqualification shall be reported by the medallion taxicab certificate holder
to the Director within 48 hours.
(4) Records required to be maintained by a
medallion taxicab certificate holder under this subsection are subject to
audits by the Authority under §
1011.11(d)
(relating to record retention).
(d)
Personal vehicle use
prohibited. A vehicle registered as a taxicab within this Commonwealth
may not be operated as a personal vehicle by a driver affiliated with a TNC
under Chapter 57A of the act (relating to transportation network
companies).
Notes
The provisions of this § 1011.9 temporarily amended under 53 Pa.C.S. § 57B 02.
This section cited in 52 Pa. Code § 1011.11 (relating to record retention).
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