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 § 1021.5a. Special wheelchair accessible vehicle taxicab driver’s certificate and requirements.

§ 1021.5a. Special wheelchair accessible vehicle taxicab driver’s certificate and requirements.

 (a)  Purpose. The WAV taxicab driver’s certificate is created to ensure that the needs of the disabled community are known and fully addressed by the drivers of WAV taxicabs and to ensure that those in need of WAV taxicab transportation are efficiently and adequately provided with that transportation by the best qualified drivers available.

 (b)  WAV taxicab drivers.

   (1)  The Authority will issue a special driver’s certificate for individuals to provide WAV taxicab service as provided in section 5706(a.1)(1) of the act (relating to driver certification program).

   (2)  A WAV taxicab driver’s certificate will identify the driver as having been trained in the operation of a WAV taxicab and in the best practices of transporting a person in a wheelchair.

   (3)  To obtain a WAV taxicab driver’s certificate, an individual, including a current taxicab driver, shall comply with the taxicab driver requirements of this chapter and submit a completed Form DR-4 ‘‘WAV Driver Application.’’ Form DR-4 is available on the Authority’s web site at www.philapark.org/tld.

   (4)  An applicant may apply for a taxicab driver’s certificate and a WAV taxicab driver’s certificate at the same time. If an applicant discontinues the WAV taxicab driver certification process or is unable to successfully complete the training, the applicant may pursue taxicab driver’s certification.

   (5)  Applications for a WAV taxicab driver certificate will be processed by the Director in the order accepted for filing.

   (6)  A WAV taxicab driver certificate includes the authorizations applicable to a taxicab driver’s certificate.

   (7)  An applicant for a WAV taxicab driver’s certificate shall maintain a record of compliance with the act, this part and orders of the Authority as follows:

     (i)   A WAV taxicab driver applicant shall have at least 1 year of Philadelphia taxicab driver experience as an Authority-certificated driver completed within the immediately preceding consecutive 24-month period prior to the date of application.

     (ii)   A WAV taxicab driver application will be denied if an order has been entered against the applicant by the Authority or the PUC related to the provision of unsafe or discourteous taxicab service.

     (iii)   A WAV taxicab driver application will be denied if the applicant’s taxicab driver’s certificate or limousine driver’s certificate has ever been cancelled or revoked.

     (iv)   A WAV taxicab driver application will be denied if the applicant’s taxicab driver’s certificate has been suspended for any reason in the immediately preceding consecutive 36 months.

   (8)  Only a taxicab driver certificated by the Authority as provided in this section may provide taxicab service in a WAV taxicab.

 (c)  WAV taxicab driver renewal.

   (1)  A WAV taxicab driver’s certificate may be renewed by filing the completed Form DR-4 with the Manager of Administration and adhering to standard renewal requirements as provided in §  1011.3 (relating to annual rights renewal process).

   (2)  The Authority will not renew a WAV taxicab driver’s certificate if the driver has failed to provide taxicab service in a WAV taxicab for at least 800 hours in the immediately preceding consecutive 12-month period.

   (3)  The annual taxicab driver renewal fee charged by the Authority shall be paid from the proceeds of the sale of WAV medallions authorized by section 5711(c) of the act (relating to power of authority to issue certificates of public convenience) for each successfully renewed WAV taxicab driver.

   (4)  When a WAV taxicab driver’s certificate is denied as provided in paragraph (2) and not on another basis, the Authority will issue the renewing driver a standard taxicab driver’s certificate.

 (d)  Wheelchair service preference.

   (1)  A person seated in a wheelchair who requests taxicab service shall be given preference by a WAV taxicab driver over a potential customer that is not in a wheelchair. For example, if a WAV taxicab is hailed by two people at the same time but only one of those people is seated in a wheelchair, service shall be provided to the person seated in the wheelchair first.

   (2)  A customer already seated in a taxicab may not be asked to exit the taxicab to accommodate a person seated in a wheelchair.

   (3)  When a WAV taxicab has been dispatched and is in route to provide taxicab service to a person not in a wheelchair and is hailed by a person seated in a wheelchair, the WAV taxicab driver shall stop and provide taxicab service to the person in a wheelchair. Prior to assisting the hailing customer into the WAV taxicab, the driver shall notify his dispatcher of the hail. The dispatcher shall arrange for an alternate taxicab to provide service to the original customer.

   (4)  A WAV taxicab driver shall notify his dispatcher each time taxicab service is provided to a person in a wheelchair. The notification required under this paragraph shall be made once the customer is secured in the taxicab.

Authority

   The provisions of this §  1021.5a temporarily amended under 53 Pa.C.S. §  57B02.

Source

   The provisions of this §  1021.5a adopted August 29, 2014, effective August 30, 2014, 44 Pa.B. 5662; 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 (373126) to (373128).

Cross References

   This section cited in 52 Pa. Code §  1011.2 (relating to definitions); and 52 Pa. Code §  1021.9 (relating to taxicab driver test).



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