§ 1011.3. Annual rights renewal process.
(Editor’s Note: 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).)
(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).
Authority The provisions of this § 1011.3 temporarily amended under 53 Pa.C.S. § 57B02.
Source The provisions of this § 1011.3 amended October 17, 2014, effective October 18, 2014, 44 Pa.B. 6665; temporarily amended May 5, 2017, effective February 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. § 57B02(b), 47 Pa.B. 2558. Immediately preceding text appears at serial pages (373988) to (373990).
Cross References 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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