52 Pa. Code § 1001.10

Current through Register Vol. 54, No. 45, November 9, 2024

Section 1001.10 - Definitions

(a) Subject to additional definitions contained in sub-parts which are applicable to specific chapters or subchapters, the following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise:

Act-53 Pa.C.S. Chapters 55, 57, 57A and 57B.

Adjudication-An order, decree, decision, determination or ruling by the Authority affecting personal or property rights, privileges, immunities, duties, liabilities or obligations of the parties to the proceeding in which the adjudication is made.

Adversarial proceeding-A proceeding initiated by a person to seek Authority approvals, tariff changes, enforcement, remedies, issuance of fines or other relief by order of the Authority which is contested by one or more other persons and which will be decided on the basis of a formal record.

Applicant-A person, who on his own behalf or on behalf of another, is applying for permission to engage in an act or activity which is regulated under the act or this part.

Approved, approval or approve-The date that an application to the Authority is granted regardless of the pendency of administrative or judicial appeals or other legal action challenging the decision of the Authority.

Arrest-Detaining, holding or taking into custody by police or other law enforcement authorities to answer for an alleged commission of an offense.

Authority-The Philadelphia Parking Authority.

Authorized agent-A person with permission to legally act on behalf of the filing user.

Board-A quorum of the members of the Philadelphia Parking Authority appointed under 5508.1 (relating to special provisions for authorities in cities of the first class).

Broker-An individual authorized by the Authority as provided in 1029.8 (relating to broker registration approval) to prepare application related documents, appear at settlements, and otherwise act on behalf of a party as to matters related to the sale or transfer of transferable rights.

Call or demand service-Local common carrier service for passengers, rendered on an exclusive basis, when the service is characterized by the fact that passengers normally hire the vehicle and its driver either by telephone call or by hail, or both.

Certificate-

(i) A certificate of public convenience issued by the Authority under the act.

(ii) The term does not include a driver's certificate or broker registration.

Certificate holder-The person to whom a certificate is issued.

City of Philadelphia or Philadelphia-A city of the first class in this Commonwealth.

Clerk-The Authority employee with whom pleadings and other documents are filed, and with whom official records are kept under 1001.5 (relating to office of the Clerk) and as otherwise provided for in this part.

Common carrier-

(i) A common carrier by motor vehicle, within the scope of the act, who or which holds out or undertakes, directly or indirectly, the transportation of passengers within the City of Philadelphia by motor vehicle for compensation.

(ii) The term does not include common carriers by rail, water or air, and express or forwarding public utilities insofar as the common carriers or public utilities are engaged in these motor vehicle operations.

Compensation-A thing of value, money or a financial benefit conferred on or received by a person in return for services rendered, or to be rendered, whether by that person or another.

Contested complaint-A formal complaint.

Conviction-A finding of guilt or a plea of guilty or nolo contendere whether or not a judgment of sentence has been imposed as determined by the law of the jurisdiction in which the prosecution was held relating to any of the following:

(i) A crime for any of the following within the preceding 7 years:

(A) A felony conviction involving theft.

(B) A felony conviction for fraud.

(C) A felony conviction for a violation of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. §§ 780-101-780-144).

(D) A felony conviction under 18 Pa.C.S. § 2706 (relating to terroristic threats) or a similar statute in another jurisdiction.

(ii) A crime for any of the following within the preceding 10 years:

(A) Use of a motor vehicle to commit a felony.

(B) Burglary or robbery.

(iii) A crime for any of the following at any time:

(A) 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 the Commonwealth.

(B) A crime of violence as defined in 18 Pa.C.S. § 5702 (relating to definitions).

(C) An act of terror.

Criminal history report-The report issued by the State Police, similar government entity in a jurisdiction outside this Commonwealth or a third-party report which will identify any convictions associated with an individual. A third-party report shall be conducted on a local and National background check, which must include a multistate or multijurisdictional criminal records locator or other similar Nationwide database with primary source validation and a review of the United States Department of Justice's National Sex Offender Public Website.

Director-The Director of the Authority's Taxicab and Limousine Division as provided in 1003.72 (relating to TLD staffing generally).

Dispatcher-

(i) The owner of a certificate of public convenience to operate a dispatching service in Philadelphia issued by the Authority under section 5711(c)(6) of the act (relating to power of authority to issue certificates of public convenience) and Chapter 1019 (relating to dispatchers).

(ii) The term includes a wheelchair accessible vehicle (WAV) taxicab dispatcher as provided in § 1011.2 (relating to definitions).

Electronic mail or email-A means of dispatching or receiving notice or a submittal in relation to an Authority matter through electronic means.

Enforcement Department-The department of the TLD created under 1003.74 (relating to Enforcement Department).

Enforcement proceeding-A proceeding initiated by the Authority through the issuance of a formal complaint averring any violation of the act, this part or an order of the Authority.

Exclusive service-Transportation on a given trip when the first or principal person, party or group hiring the vehicle has the exclusive right to determine where, when or if another passenger shall be carried on that trip.

Executive Director-The Authority's chief operating officer.

Ex parte communication-

(i) Any off-the-record communications regarding a pending matter before the Authority or which may reasonably be expected to come before the Board in a contested on-the-record proceeding.

(ii) The term does not include off-the-record communications by and between members, staff and employees of the Authority, the PUC, the State Police, the Attorney General or other law enforcement officials necessary for their official duties under this part.

Fiscal year-The period which begins on July 1 and terminates the following June 30.

Formal complaint-A written document filed with the Clerk initiating an enforcement action as provided in Chapter 1005 (relating to formal proceedings).

Formal proceeding-A matter intended to produce a formal record.

Formal record-The pleadings and submittals in a matter or proceeding, a notice or Authority order initiating the matter or proceeding, and if a hearing is held, the following: the designation of the presiding officer, transcript of hearing, exhibits received in evidence, offers of proof, motions, stipulations, subpoenas, proofs of service, references to the Authority and determinations made by the Authority thereon, certifications to the Authority, and anything else upon which action of the presiding officer or the Authority may be based.

Friendly cross-examination-Cross-examination of a witness by a party who does not disagree with the witness' position on an issue.

General Counsel-The chief legal counsel to the Authority.

Individual-A natural person.

Informal complaint-A document or communication to the Authority seeking action on a matter as provided in 1003.41 (relating to form and content of informal complaints).

Informal investigation-A matter initiated by the Authority staff that may result in a formal complaint, a settlement or other resolution of the matter or termination by letter.

Limousine-A vehicle authorized to by the Authority to provide limousine service.

Limousine driver-The individual to whom a current and valid limousine driver's certificate has been issued by the Authority under section 5706 of the act (relating to driver certification program).

Limousine service-The term as defined in section 5701 of the act (relating to definitions).

Manager of Administration-The individual appointed to manage the Administration Department of the TLD as provided in 1003.72. The Manager of Administration may be contacted at TLD Headquarters or by email at TLDAdmin@philapark.org.

Manager of Enforcement-The individual appointed to manage the Enforcement Department of the TLD as provided in 1003.74. The Manager of Enforcement may be contacted at TLD Headquarters or by email at TLDEnforcement@philapark.org

Nonadversarial proceeding-A proceeding initiated by a person which is not contested or a proceeding initiated by the Authority or at the request of a person to develop regulations, policies, procedures, technical rules or interpretations of law.

PUC-The Pennsylvania Public Utility Commission.

Party-

(i) A person who appears in a proceeding before the Authority, including interveners, protestants, petitioners, respondents and certificate holders.

(ii) The term includes the interests of the Authority which may be represented by the Enforcement Department, the TLD, other Authority staff or trial counsel, or all of them.

Person-Except as otherwise provided in this part or in the act, a natural person, corporation, foundation, organization, business trust, estate, limited liability company, licensed corporation, trust, partnership, limited liability partnership, association, representatives, receivers, agencies, governmental entities, municipalities or other political subdivisions or other form of legal business entity.

Petitioners-Persons seeking relief, not otherwise designated in this section.

Pleading-An application, complaint, petition, answer, motion, preliminary objection, protest, reply, new matter and reply to new matter or other similar document filed in a formal proceeding.

Presiding officer-

(i) A member or members of the Authority's Board, or other person designated by the Authority or this part to conduct proceedings.

(ii) A hearing officer as used in section 5705 of the act (relating to contested complaints).

(iii) This definition supersedes 1 Pa. Code § 31.3 (relating to definitions).

Proof of service-A certificate of service which complies with 1001.55 and 1001.56 (relating to proof of service; and form of certificate of service).

Protestants-Persons objecting on the ground of private or public interest to the approval of an application or other matter which the Authority may have under consideration.

Recommended decision-An opinion and order submitted for the approval of the Authority by the presiding officer.

Regulated person or regulated party-A certificate holder, broker, taxicab driver or other person subject to the act.

Respondents-Persons subject to a statute or other delegated authority administered by the Authority who are required to respond to an order or notice issued by the Authority instituting a proceeding or investigation on its own initiative or otherwise.

Rights-A certificate of public convenience, driver's certificate, registration or waiver issued to a regulated party by the Authority under the act.

Sale-A change in ownership of a transferable right, including a change in ownership of securities in an entity that owns transferable rights.

Securities-The term as defined in section 102 of the Pennsylvania Securities Act of 1972 (70 P. S. 1-102).

Staff-Employees or agents of the Authority assigned to implement the act, this part or an order of the Authority.

State Police-The Pennsylvania State Police.

Submittal-An application, amendment, exhibit or similar document involving matters filed in an adversarial or nonadversarial proceeding.

TLD-Taxicab and Limousine Division-The division of the Authority comprised of staff assigned to implement the purposes of the act, this part and the orders of the Authority.

TLD Headquarters-The office of the TLD identified on the Authority's web site at www.philapark.org/tld. Unless specifically provided otherwise, communications with any Authority staff member shall be directed to TLD Headquarters.

Taxicab-

(i) A motor vehicle designed for carrying no more than eight passengers, exclusive of the driver, as defined in section 5701 of the act and certified by the Authority under the act, this part or an order of the Authority.

(ii) The term includes partial-rights taxicabs, medallion taxicabs and other vehicles authorized by the Authority to provide call or demand service.

Taxicab certificate-

(i) A certificate issued by the Authority authorizing the holder to provide taxicab service under the act, this part or an order of the Authority.

(ii) The term includes medallion taxicab certificates and partial-rights taxicab certificates.

Taxicab driver-The individual to whom a current and valid taxicab driver's certificate has been issued by the Authority under section 5706 of the act.

(i) The individual to whom a current and valid taxicab driver's certificate has been issued by the Authority under section 5706 of the act.

(ii) The term includes a WAV taxicab driver as provided in § 1011.2.

Taxicab driver's certificate-The original photographic identification card issued by the Authority which confirms that an individual has complied with Chapter 1021 (relating to taxicab drivers) and is authorized to provide taxicab service under section 5706 of the act.

Taxicab service-

(i) The transportation of passengers or offering to transport passengers in a taxicab as a common carrier call or demand service in Philadelphia.

(ii) The term includes the stopping, standing or parking of a taxicab in a taxicab stand line or other location commonly used by the public to access taxicabs.

(iii) The term includes partial-rights taxicabs, medallion taxicabs and other vehicles authorized by the Authority to provide call or demand service.

Transferable rights-Rights issued by the Authority and identified as transferable in 1027.2 (relating to transferable rights).

Trial counsel-An attorney admitted to practice law before the Supreme Court of Pennsylvania who is assigned to the Office of Trial Counsel to prosecute complaints on behalf of the Authority as provided in 1003.75 (relating to Office of Trial Counsel).

Verification-When used in reference to a written statement of fact by the signer, the term means supported by one of the following:

(i) An oath or affirmation before an officer authorized by law to administer oaths, or before a particular officer or individual designated by law as one before whom it may be taken, and officially certified to in the case of an officer under seal of office.

(ii) An unsworn statement made subject to the penalties in 18 Pa.C.S. 4904 (relating to unsworn falsification to authorities).

(b) Subsection (a) supersedes 1 Pa. Code § 31.3.

52 Pa. Code § 1001.10

The provisions of this §1001.10 amended August 29, 2014, effective 8/30/2014, 44 Pa.B. 5662; 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 §1001.10 temporarily amended under 53 Pa.C.S. § 57B 02.

This section cited in 52 Pa. Code § 1011.5 (relating to ineligibility due to conviction or arrest); 52 Pa. Code § 1011.9 (relating to taxicab service limitations); 52 Pa. Code § 1019.3 (relating to dispatcher application); 52 Pa. Code § 1021.2 (relating to certification required); 52 Pa. Code § 1021.5 (relating to standards for obtaining a taxicab driver's certificate); 52 Pa. Code § 1027.7 (relating to required application information); 52 Pa. Code § 1029.5 (relating to broker registration); 52 Pa. Code § 1051.5 (relating to ineligibility due to conviction or arrest); 52 Pa. Code § 1051.8 (relating to limousine service limitations); 52 Pa. Code § 1057.2 (relating to certification required); 52 Pa. Code § 1057.5 (relating to standards for obtaining a limousine driver's certificate); and 52 Pa. Code § 1059.6 (relating to required application information).