Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 51 Pa.B. 6892 (October 30, 2021).

52 Pa. Code § 1021.11. Driver requirements.

§ 1021.11. Driver requirements.

 (a)  Preservice inspection. Prior to driving a taxicab before each shift, a taxicab driver shall perform a vehicle inspection to confirm that the taxicab complies with this subpart. The inspection must include all of the following:

   (1)  At least one full walk around the taxicab to assure the exterior of the vehicle is in compliance with this subpart, including all of the following:

     (i)   The exterior of the taxicab is not damaged, no sharp edges are present and no parts of the vehicle have been removed. For example, the hood and doors of the taxicab are present and in the proper location.

     (ii)   The appropriate name, colors and markings scheme are affixed to the taxicab.

     (iii)   The taxicab’s tires are full size and the treads are not worn below the level permitted under 67 Pa. Code Chapter 175 (relating to vehicle equipment and inspection).

   (2)  The opening and closing of all doors, the hood and the trunk to assure proper functionality and the absence of any sharp edges that may injure a passenger or damage clothing, luggage or other property.

   (3)  An inspection of the interior of the taxicab to make certain that the vehicle is clean and otherwise in compliance with this subpart.

   (4)  Operation of the heater and air conditioner to confirm the taxicab’s ability to maintain the air temperature required under §  1017.5(b)(14) (relating to basic vehicle standards).

   (5)  An inspection of the taxicab meter to assure it has been approved for use by the Authority, is sealed as provided in §  1017.21(b)(3) (relating to taxicab meters) and is in proper working order at all times. Unsealed or improperly sealed meters and malfunctioning meters shall be reported to the Enforcement Department immediately.

 (b)  Presentation and appearance. A taxicab driver is responsible for providing clean, safe and courteous taxicab service, including all of the following:

   (1)  Presenting a neat and clean appearance while providing taxicab service.

   (2)  Dressing in clean clothing which is composed of a shirt with collar, ankle-length trousers, slacks/dress, skirts (if gender appropriate), socks or stockings, and shoes or clean sneakers. For example, shorts, bathing trunks or bathing suits, undershirts, muscle shirts or tank-tops are prohibited unless concealed as undergarments beneath the attire described in this paragraph.

   (3)  Wearing open toed shoes, sandals or bare feet are prohibited while operating a taxicab.

   (4)  Ceasing operation of a vehicle known by the driver to be in an unsafe condition.

   (5)  Being courteous toward passengers, the public, law enforcement officials and representatives of the Authority. A driver may not use obscene, vulgar or offensive language while providing taxicab service.

   (6)  Maintaining the volume of a radio at a low level and upon the request of a passenger, lowering the volume or switching off any music or electronic noise such as a radio, except that the communications radio required under §  1017.5(b)(3) must remain on and at a reasonable volume at all times.

   (7)  Ceasing use of a mobile telephone and remove ear phones or Bluetooth devices from ears when a passenger is in the vehicle.

   (8)  Making certain that the taxicab complies with the temperature requirements in §  1017.5(b)(14).

   (9)  Assisting the elderly or persons with disabilities in entering and exiting the taxicab.

   (10)  Maintaining cash capable of providing change for a $20 bill.

   (11)  Immediately reporting any possessions of passengers left behind in a taxicab after service to the Manager of Enforcement and the taxicab’s dispatcher and then deliver the possessions to TLD Headquarters.

 (c)  Permitted fares. A taxicab driver may not charge fares other than those approved by the Authority as provided in section 5703 or 5720 of the act, or both (relating to rates; and wages).

 (d)  Gratuities or payment method.

   (1)  A taxicab driver may not request the payment of a gratuity by a passenger.

   (2)  A taxicab driver may not insist upon or express a preference for fare payment method. For example, a taxicab driver may not demand payment in cash as opposed to credit card, nor may a taxicab driver suggest that the passenger be driven to a bank or automatic teller machine to secure cash to pay the fare as opposed to use of a credit card or other cashless payment option.

   (3)  A taxicab driver may not ask a potential customer for fare payment method information in advance of providing taxicab service.

   (4)  A taxicab driver shall accept payment by credit card, debit card and other cashless payment options identified by the Authority.

   (5)  A taxicab driver shall provide each fare-paying customer with a receipt for the taxicab service required under §  1017.24(d) or §  1017.63(a) (related to meter activation and display; and receipts), or both, unless the approved meter system is capable of providing a digital receipt.

 (e)  Lease or employment documents. A taxicab driver is responsible for maintaining a copy of the lease agreement, employment contract and employee identification card in the taxicab at all times.

 (f)  Direct route. Unless directed otherwise by a fare-paying customer, a taxicab driver shall select and use the most direct route consistent with prevailing road and traffic conditions from the point of pick-up to the passenger’s point of destination.

 (g)  Rules of the road. A taxicab driver shall continually provide taxicab service in a manner consistent with 75 Pa.C.S. (relating to Vehicle Code) and the Philadelphia Traffic Code (12 Phila. Code § §  100—3012).

 (h)  Meter operation. The meter must be in operation during the entire time the taxicab is engaged by a passenger, and the passenger shall be required to pay only the amount recorded by the meter, except that, when back-mileage or surcharge provisions of the tariff of the certificate holder apply, the back-mileage charge or surcharge shall be added to the amount recorded by the meter, or if there is a discounted rate under §  1030.2(b) (relating to taxicab rates and tariffs). Each meter charge shall be collected only once regardless of whether the taxicab is being used in exclusive service or in nonexclusive service.

 (i)  Zero-tolerance policy. A taxicab driver may not be under the influence of drugs or alcohol while providing taxicab service. The Authority will and certificate holders shall enforce a zero-tolerance policy on the use of drugs or alcohol by a taxicab driver while providing taxicab service.

   (1)  The driver’s certificate of a taxicab driver who is the subject of a TLD investigation or a passenger complaint and whom the inspector or passenger reasonably suspects was under the influence of drugs or alcohol during the course of providing taxicab service shall be immediately placed of out of service under §  1003.32 (relating to out of service designation).

   (2)  The Authority may conduct a drug and alcohol test upon written consent by the taxicab driver.

Authority

   The provisions of this §  1021.11 temporarily amended under 53 Pa.C.S. §  57B02.

Source

   The provisions of this §  1021.11 amended September 12, 2014, effective September 13, 2014, 44 Pa.B. 5867; 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 (373559) to (373560) and (379399).



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