52 Pa. Code § 1051.2

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

Section 1051.2 - Definitions

The following words and terms, when used in this subpart, have the following meanings, unless the context indicates otherwise:

Broker-An individual authorized by the Authority as provided in § 1061.1 (relating to broker registration) to prepare application-related documents, appear at settlement and otherwise act on behalf of a party as to matters related to the sale or transfer of transferable rights.

Controlling interest-

(i) A controlling interest is an interest in a legal entity, applicant or certificate holder if a person's voting rights under state law or corporate articles or bylaws entitle the person to elect or appoint one or more of the members of the board of directors or other governing board or the ownership or beneficial holding of 5% or more of the securities of the corporation, partnership, limited liability company or other form of legal entity, unless this presumption of control or ability to elect is rebutted by clear and convincing evidence. A member, partner, director or officer of a corporation, partnership, limited liability company or other form of legal entity is deemed to have a controlling interest.

(ii) A person who owns or beneficially holds less than 5% of the securities of a privately held domestic or foreign corporation, partnership, limited liability company or other form of privately held legal entity shall be deemed as having rebutted the presumption of control by clear and convincing evidence.

Department of Transportation-The Department of Transportation of the Commonwealth of Pennsylvania.

Driver history report-A driver's license report issued by 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.

Driver's license-A license or permit to operate a motor vehicle issued by the Department of Transportation or similarly authorized government entity in another jurisdiction of the United States.

Federal Tax Identification number-The Social Security number of an individual or the Employer Identification number of a business entity, fiduciary or other person.

Holding company-A person, other than an individual, which, directly or indirectly, owns, has the power or right to control or to vote 20% or more of the outstanding voting securities of a corporation or other form of business organization. A holding company indirectly has, holds or owns any power, right or security if it does so through an interest in a subsidiary or successive subsidiaries.

Inspector-Enforcement Department uniformed or non-uniformed staff assigned to investigate and enforce the act, this part and orders of the Authority who will be identifiable by an Authority-issued badge number.

Key employee-An individual who is employed in a director or department head capacity and who is empowered to make discretionary decisions that affect the operations of an applicant or regulated person.

Limousine certificate-A certificate granting the owner the right to operate a class of limousine service under this subpart.

Limousine driver's certificate-The original photographic identification card issued by the Authority which confirms that an individual has complied with Chapter 1057 (relating to limousine drivers) and is authorized to provide limousine service under section 5706 of the act (relating to driver certification program).

Major violation-A suspension or cancellation of a state-issued driver's license as a result of a moving violation.

Moving violation-A violation issued by the Commonwealth or any of its political subdivisions for a violation of 75 Pa.C.S. (relating to Vehicle Code), or under a similar statute under any other jurisdiction, that upon conviction of the violation points are assessed against the driver's license.

Parking violations-Any debt owed to the City of Philadelphia related to a violation of the Philadelphia Traffic Code (12 Phila. Code § § 100-3012) that is not under appeal.

Proposed buyer-The party seeking to acquire an ownership interest in a certificate.

Traffic violations-Any debt owed the Commonwealth or one of its political subdivisions for violations of 75 Pa.C.S. that is not under appeal.

Transfer fee-The nonrefundable fee charged by the Authority to review an application to sell transferable rights.

52 Pa. Code § 1051.2

The provisions of this §1051.2 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 §1051.2 temporarily amended under 53 Pa.C.S. § 57B 02.

This section cited in 52 Pa. Code § 1051.8 (relating to limousine service limitations); 52 Pa. Code § 1057.4 (relating to ineligible persons for limousine driver certificate); and 52 Pa. Code § 1059.6 (relating to required application information).