§ 1051.10. Record retention.
(a) Records to be maintained. All of the following records shall be maintained in the English language for 2 years from the date of origin:
(1) Limousine certificate holders.
(i) All Philadelphia limousine service trip logs, which may be maintained on digital or other electronic devices as approved by the Authority upon detailed written request by the certificate holder.
(ii) A list of limousine drivers and dates employed.
(iii) Each lease agreement for a limousine.
(iv) Records of payment by a driver under each lease agreement for a limousine.
(v) Records related to accidents involving vehicles used as limousines, including repair records.
(2) Brokers. Brokers shall retain all documents submitted to the Authority for review of each proposed sale of rights, including closing documents.
(b) Order. Paper or electronic records, or both, shall be maintained in chronological order by date and time of day.
(c) Review by Authority. A regulated party shall produce records maintained under subsection (a) to the Authority upon written request or upon inspection as provided in § 1051.7 (relating to facility inspections). If the records require a special form of software to search or interpret, a regulated party shall make that software available to the Authority.
(d) Audit of driver records.
(1) Maintenance period. Limousine certificate holders shall maintain records in the English language for 2 years from the date of origin concerning limousine drivers under § 1051.8(b) (relating to limousine service limitations).
(2) Compliance audit. The Authority may conduct a compliance audit of the records required to be maintained by a limousine certificate holder under § 1051.8(b) to verify that the certificate holder has complied with the limousine driver screening requirements and to confirm that the certificate holders limousine drivers are eligible to provide limousine service under this part.
(3) Audit designation. Upon the random selection of a limousine vehicle being called for a compliance inspection under § 1055.11 (relating to scheduled compliance inspections), the limousine certificate holder will be notified by the Manager of Administration that it has also been designated for an audit under this section.
(i) Within 5 business days of receiving an audit designation, the limousine certificate holder shall make available for visual inspection to the Authority the records required to be maintained under § 1051.8(b) for each limousine driver that has provided limousine service in the immediately preceding 1 year using the limousine vehicle that was called for a compliance inspection.
(ii) The records shall be produced in person to the Manager of Administration or by email to TLDAdmin@philapark.org.
(iii) If an audit reveals that the limousine certificate holder authorized a limousine driver to provide limousine service when the criminal history report or driver history report revealed that the limousine driver was ineligible under this part or the certificate holder did not conduct the annual records required under § 1051.8(b), the Authority may impose a penalty against the limousine certificate holder and limousine driver under § 1001.61 (relating to penalties) and may subject the rights to an out of service designation under § 1003.32 (relating to out of service designation).
(iv) The limousine certificate holder shall immediately remove a noncompliant limousine driver identified as provided in subparagraph (iii) from limousine service upon the Authoritys direction.
(v) The Authority may alert other limousine certificate holders of the ineligibility of the noncompliant limousine driver to protect the public good.
(4) Remedial audits.
(i) In the event that an audit discrepancy is identified as specified in paragraph (3)(iii), the Authority may direct a limousine certificate holder to submit a follow-up report detailing its efforts to ensure compliance with § 1051.8(b).
(ii) In the event that that an egregious audit discrepancy is identified, multiple audit discrepancies are identified or the Authority makes a determination that a limousine certificate holder has failed to reasonably cooperate in the driver information audit process, the Authority may direct a limousine certificate holder to participate in remedial audits.
(iii) A determination under this section is subject to § 1005.24 (relating to appeals from actions of the staff).
(iv) A remedial audit shall proceed as provided in subparagraph (3) and may subject a review of all limousine drivers providing service in any limousine vehicle owned by the certificate holder during the immediately preceding year regardless of whether the associated limousine vehicle was called for a compliance inspection.
(v) The Authority may direct one remedial audit at any time each month for a 4-month period following discovery of a violation under this section.
(e) Enforcement investigations. This section may not be construed to limit the power of the Authority to conduct enforcement investigations related to this part or the obligation of certificate holders and limousine drivers to cooperate with the investigations and produce information demanded as required under this part.
The provisions of this § 1051.10 temporarily amended under 53 Pa.C.S. § 57B02.
The provisions of this § 1051.10 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 page (373569).
This section cited in 52 Pa. Code § 1051.8 (relating to limousine service limitations); and 52 Pa. Code § 1057.16 (relating to trip sheet requirements).
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