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COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



CHAPTER 1053. STANDARD CLASSIFICATIONS OF
LIMOUSINE SERVICE

Subchap. Sec.

A.    CLASSIFICATIONS … 1053.1
B.    LUXURY LIMOUSINE SERVICE … 1053.21
C.    AIRPORT TRANSFER SERVICE … 1053.31
D.    REMOTE CARRIERS … 1053.41

Cross References

   This chapter cited in 52 Pa. Code §  1055.2 (relating to limousine rights sticker); and 52 Pa. Code §  1059.2 (relating to applications for limousine rights).

Subchapter A. CLASSIFICATIONS


Sec.


1053.1.    Standard classifications of limousine service.

§ 1053.1. Standard classifications of limousine service.

 (a)  The Authority will issue limousine certificates for the several standard classifications of service identified in this chapter. One limousine certificate will permit only one classification of limousine service.

 (b)  The following standard classification of types of limousine service is adopted, and the following are hereby recognized as standard classifications of limousine service:

   (1)  Luxury limousine service. The Authority will issue two separate certificates of public convenience for luxury limousine service, as follows:

     (i)   Local, nonscheduled common carrier by motor vehicle service for passengers rendered in luxury-type vehicles, as provided in §  1053.23 (relating to vehicle and equipment requirements), on an exclusive basis which is arranged for in advance. If the classification of limousine service does not strictly meet the classifications provided in paragraph (2) or (3), the service will be deemed luxury limousine service under this subparagraph.

     (ii)   Local, nonscheduled common carrier by motor vehicle service for passengers rendered in a vehicle capable of seating not less than 9 passengers, including the driver, and not more than 15 passengers, including the driver, on an exclusive basis which is arranged for in advance. The driver of a limousine providing service under this subparagraph shall maintain a trip sheet as provided in §  1057.16 (relating to trip sheet requirements).

   (2)  Airport transfer service. Common carrier service rendered on a nonexclusive, scheduled basis by the holder of a certificate of public convenience from the Authority which originates or terminates at an airport, railroad station or hotel located in whole or in part in Philadelphia.

   (3)  Remote carrier. A vehicle operated by the holder of a certificate of public convenience from the PUC that engages in limousine service, group and party service or airport transfer service from any airport, railroad station or hotel located in whole or in part in Philadelphia to a location outside Philadelphia.

Authority

   The provisions of this §  1053.1 temporarily amended under 53 Pa.C.S. §  57B02.

Source

   The provisions of this §  1053.1 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 (373571) to (373572).

Subchapter B. LUXURY LIMOUSINE SERVICE


Sec.


1053.21.    Purpose.
1053.22.    Method of operation.
1053.23.    Vehicle and equipment requirements.
1053.24.    Consumer information.

§ 1053.21. Purpose.

 This subchapter applies to luxury limousine service.

§ 1053.22. Method of operation.

 

 (a)  A common carrier operating luxury limousine service shall have the following rights and be subject to the following conditions:

   (1)  To transport persons on an exclusive basis between points as authorized by the certificate, if the order for service is received in advance of the actual rendering of service and not by street hail.

   (2)  To charge for service based upon use of a limousine with payment made by a single person or organization and not by passengers as individuals.

 

 (b)  Direct, in-person solicitation of a passenger by the driver or a representative of the driver or certificate holder is prohibited.

§ 1053.23. Vehicle and equipment requirements.

 

 (a)  Luxury limousine service may be operated only in luxury type vehicles.

 

 (b)  Luxury type vehicles are vehicles manufactured or subsequently modified so that they have physical configurations and accessory features that are not considered as being ordinary, standard or commonplace in lower to moderately priced vehicles. Luxury type vehicles are intended to afford patrons a higher level of service and comfort than are ordinarily available in call or demand, paratransit and airport transfer services. To qualify as a luxury type vehicle, a vehicle must have at a minimum: air conditioning, AM/FM stereo radio, deluxe leather or deluxe fabric upholstery, deluxe wheels or wheel covers, four doors and a wheelbase of at least 109 inches. Other amenities which limousine service might afford are CD changer, Internet access, reading lights, work desk or table, cellular phone, refrigerator, television, VCR, DVD player, extended wheelbase and privacy dividers.

Cross References

   This section cited in 52 Pa. Code §  1053.1 (relating to standard classifications of limousine service).

§ 1053.24. Consumer information.

 Unless otherwise permitted by the Authority, luxury limousine certificate holders shall post an Authority-issued complaint decal in a conspicuous location inside the vehicle which lists the telephone number and web site to be used to lodge a complaint or provide the following notice on the receipt for service:

 For complaints and information, contact the Philadelphia Parking Authority’s Taxicab and Limousine Division at (215) 683-9440 or TLDEnforcement@ philapark.org. Include the company name and CPC# for all complaints.

Subchapter C. AIRPORT TRANSFER SERVICE


Sec.


1053.31.    Purpose.
1053.32.    Method of operation.
1053.33.    Tariff and schedule requirements.
1053.34.    Consumer information.

§ 1053.31. Purpose.

 This subchapter applies to airport transfer service.

§ 1053.32. Method of operation.

 A common carrier operating airport transfer service shall have the rights provided in section 5741(a.2) of the act (relating to certificate of public convenience required).

§ 1053.33. Tariff and schedule requirements.

 An airport transfer carrier operating on a scheduled basis shall file with its tariff a copy of the schedule indicating the points served. Rates must be based on provisions contained in tariffs filed, posted and published under statute and this title.

§ 1053.34. Consumer information.

 To provide passengers with the necessary information to file a complaint, airport transfer service certificate holders shall post an Authority-issued complaint decal in a conspicuous location inside the vehicle which lists the telephone number and web site to be used to lodge a complaint or provide the following notice on the receipt for service:

 For complaints and information, contact the Philadelphia Parking Authority’s Taxicab and Limousine Division at (215) 683-9440 or TLDEnforcement@ philapark.org. Include the company name and CPC# for all complaints.

Subchapter D. REMOTE CARRIERS


Sec.


1053.41.    [Reserved].
1053.42.    Remote carriers.
1053.43.    Certain limousine requirements.

§ 1053.41. [Reserved].


Source

   The provisions of this §  1053.41 reserved September 12, 2014, effective September 13, 2014, 44 Pa.B. 5867. Immediately preceding text appears at serial page (360492).

§ 1053.42. Remote carriers.

 (a)  A remote carrier is a person who is not authorized by a certificate issued by the Authority to provide limousine service in the City of Philadelphia but who is authorized by a certificate issued by the PUC authorizing limousine service elsewhere in this Commonwealth to transport persons and their baggage:

   (1)  To the City of Philadelphia upon advance reservation and in accordance with the service authorized under its certificate issued by the PUC.

   (2)  From any point in the City of Philadelphia to any point in this Commonwealth beyond the City of Philadelphia upon advance reservation in accordance with the service authorized under its certificate issued by the PUC, excluding service from any airport, railroad station or hotel located in whole or in part in the City of Philadelphia.

 (b)  A remote carrier shall adhere to the requirements in §  1053.43 (relating to certain limousine requirements).

 (c)  A remote carrier may not provide service to points within Philadelphia or otherwise beyond the scope of its PUC certificate without first obtaining an Authority certificate of public convenience as provided in Chapter 1059 (relating to applications and sale of rights).

Authority

   The provisions of this §  1053.42 temporarily amended under 53 Pa.C.S. §  57B02.

Source

   The provisions of this §  1053.42 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 page (373574).

Cross References

   This section cited in 52 Pa. Code §  1053.43 (relating to certain limousine requirements); and 52 Pa. Code §  1055.31 (relating to definitions).

§ 1053.43. Certain limousine requirements.

 (a)  Purpose. This section is intended to address limousine service in Philadelphia that is within the jurisdiction of the Authority as provided by the act, but is not commonly considered either Philadelphia service or limousine service by the public or other regulating agencies as identified in subsection (b).

 (b)  Certain limousines covered. This section applies to remote carriers as provided in §  1053.42 (relating to remote carriers).

 (c)  Regulation.

   (1)  Limousines subject to this section will be subject to regulation and enforcement by the Authority for violations of Department of Transportation equipment inspection standards in 67 Pa. Code Chapter 175 (relating to vehicle equipment and inspection). For example, a limousine registered as provided in this section that is determined by the Authority to be in the course of providing service with a broken windshield will be subject to the standard enforcement procedures of this part.

   (2)  Limousines registered as provided in this section must comply with the instructions of an inspector and submit to field inspections as provided in §  1055.14 (relating to field inspections). Authority field inspections of limousines may include an investigation of compliance with PUC regulations and orders.

   (3)  Except as provided in this chapter, limousines subject to this section must adhere to the regulations and orders of the PUC and are not required to adhere to regulations of the Authority while providing limousine service in Philadelphia except for the requirements under §  1057.16 (relating to trip sheet requirements). The Authority may pursue enforcement of PUC regulations before the PUC, as appropriate.

 (d)  Insurance. A person that seeks registration of a limousine as provided in this section shall comply with §  1065.1 (relating to limousine insurance), except that the limits of insurance coverage need not exceed those required by the PUC.

Authority

   The provisions of this §  1053.43 temporarily amended under 53 Pa.C.S. §  57B02.

Source

   The provisions of this §  1053.43 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 (373574) to (373576).

Cross References

   This section cited in 52 Pa. Code §  1053.42 (relating to remote carriers).



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