Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter B. APPLICATIONS AND LIENS


Sec.


30.11.    Applications.
30.12.    Sale of medallion.
30.13.    Notices of lien.
30.14.    Notice of activity relating to liens.
30.15.    Execution on and seizure of a medallion.
30.16.    Stock transfer application.

§ 30.11. Applications.

 (a)  Under 66 Pa.C.S. §  2402 (relating to medallion system created), each current holder of a certificate of public convenience which authorizes citywide call or demand service in cities of the first class was entitled to apply for a medallion on or before October 1, 1990. Application for a medallion shall be made to the Commission on a form prescribed by the Commission, in accordance with the instructions provided by the Commission. For each year after the initial year, applications for reissuance of medallions shall be filed with the Commission by June 30 of the preceding fiscal year. Failure to timely file applications under this section will result in cancellation of the medallion holder’s certificate of public convenience.

 (b)  A current certificate holder who fails to obtain a medallion from the Commission on or before January 1, 1991 shall cease operations under its certificate of public convenience.

 (c)  Upon approval by the Legislature of the fee schedule for medallions, the Commission will notify medallion holders of the medallion fee. Notice of the medallion fee will be sent to the address of the medallion holder on file with the Commission. That notice will indicate the date by which the medallion fee shall be paid for the Commission to process issuance or reissuance of a medallion. Medallion fees shall be paid by certified check or money order made payable to the ‘‘Pennsylvania Public Utility Commission.’’ In each year after the initial year, the medallion fee shall accompany the application for reissuance. Applications filed without the required fee will be rejected and the time period for filing will not be extended due to the rejections. Applications of medallion holders which have unpaid fines or penalties against them will not be accepted until the unpaid fines or penalties are satisfied in full.

§ 30.12. Sale of medallion.

 (a)  Before a medallion may be sold or transferred, the proposed buyer shall file a Notice of Medallion Sale and Application for Certificate of Public Convenience with the Commission in accordance with the form prescribed by the Commission. An original and two copies of a Notice of Medallion Sale and Application for Certificate of Public Convenience shall be filed with the Secretary of the Pennsylvania Public Utility Commission, Post Office Box 3265, Harrisburg, Pennsylvania 17105-3265. The filing shall be verified under §  1.36 (relating to verification) and shall be accompanied by payment of the fee established by the Commission in the form of a certified or cashier’s check or money order payable to the ‘‘Pennsylvania Public Utility Commission.’’

 (b)  The Notice of Medallion Sale and Application for Certificate of Public Convenience shall contain the information required by the Commission, including the following:

   (1)  The medallion number.

   (2)  The name and trade name, if any, of the proposed buyer and a copy of the trade name registration certificate, if applicable.

   (3)  The mailing and physical address of the proposed buyer.

   (4)  A statement indicating whether the proposed buyer is an individual, a partnership or a corporation, and a copy of the partnership agreement or approval notice from the Department of State, as applicable.

   (5)  A statement of corporate charter purpose and a list of current corporate officers, directors and stockholders holding at least 5% of the stock of the corporation, if applicable.

   (6)  A statement indicating whether the proposed buyer owns another medallion.

   (7)  The name and docket number of a carrier which is controlled by or affiliated with the proposed buyer, its stockholders or partnership members, and an explanation of the nature of control or affiliation.

   (8)  A copy of the proposed contract of sale.

   (9)  A criminal history record information form issued by the State Police regarding the proposed buyer, the partners or the corporate officers and directors and stockholders holding at least 5% of the stock of the corporation, as applicable.

   (10)  A verified or sworn statement indicating that the proposed buyer, or partners, or corporation, corporate officers and directors and stockholders holding at least 5% of the stock of the corporation, have not been convicted of a felony in the preceding 5 years.

   (11)  A statement by the seller that outstanding fees, penalties and fines have been paid; that no annual reports are due; and that it will continue providing the service until a certificate is issued to the buyer.

   (12)  A copy of the short form certificate showing the date of death of the seller and the name of the executor or administrator/administratrix, if applicable.

 (c)  The proposed contract of sale shall set forth a description of the transaction, including the identification number of the medallion sought to be transferred, the amount to be paid and the payment terms.

 (d)  If a notice of lien has been filed with the Commission relating to a medallion which is the subject of a proposed sale, the Commission will reject the Notice of Medallion Sale and Application for Certificate of Public Convenience until the lien is removed unless the Commission is notified by the lienholder that the lien will be satisfied from the proceeds of the sale.

 (e)  Upon the receipt of a Notice of Medallion Sale and Application for Certificate of Public Convenience which complies with this section, the Commission will notify the proposed buyer and seller to report to a designated location for a Commission staff member to witness the closing of the sales transaction.

 (f)  Upon the closing of a sales transaction, the submission of acceptable evidence of insurance to the Commission, the filing of a tariff establishing just and reasonable rates, the successful completion of a vehicle inspection and the payment of fees, penalties or fines outstanding against a party to the transaction, the Commission will attach a medallion to the buyer’s vehicle and issue a certificate of public convenience to the new medallion owner.

Cross References

   This section cited in 52 Pa. Code §  30.15 (relating to execution on and seizure of a medallion).

§ 30.13. Notices of lien.

 (a)  A lender or creditor who accepts a medallion as security shall file an original and two copies of a Notice of Lien with the Secretary of the Commission, Post Office Box 3265, Harrisburg, Pennsylvania 17105-3265, within 30 days of the date of the loan transaction, except that the 30-day period does not apply to a loan transaction completed prior to April 6, 1991. The Notice of Lien shall be signed by the debtor and contain the names of the debtor and the lender or creditor, an address of the lender or creditor from which information concerning the lien may be obtained, a mailing address of the debtor and the medallion number of the medallion which is being used as collateral.

 (b)  The filing of a Notice of Lien with the Commission does not relieve a lender or creditor of filing its lien, for the purpose of perfection, in accordance with 13 Pa.C.S. Chapter 94 (relating to filing).

 (c)  If the lender or creditor files a Notice of Lien with the Commission within 30 days of the date of the loan transaction, the date of its compliance with Commission regulations has no effect on a determination as to priority of liens, which is governed by 13 Pa.C.S. Chapter 93 (relating to rights of third parties; perfected and unperfected security interests; rules of priority).

 (d)  If the lender or creditor fails to file a Notice of Lien with the Commission within 30 days of the date of the loan transaction, the lien is void by operation of law.

§ 30.14. Notice of activity relating to liens.

 (a)  If a lender or creditor holding a lien on a medallion files a continuation statement under 13 Pa.C.S. §  9403(c) (relating to what constitutes filing; duration of filing; effect of lapsed filing; duties of filing officer), the lender or creditor shall simultaneously notify the Commission, in writing, of the filing of a continuation statement.

 (b)  If a lender or creditor holding a lien on a medallion files a termination statement under 13 Pa.C.S. §  9404(a) (relating to termination statement), the lender or creditor shall simultaneously notify the Commission, in writing, of the filing of a termination statement.

 (c)  If a lender or creditor holding a lien on a medallion files a separate statement of assignment under 13 Pa.C.S. §  9405(b) (relating to assignment of security interest; duties of filing officer), the lender or creditor shall simultaneously notify the Commission, in writing, of the filing of a separate statement of assignment.

 (d)  If a lender or creditor holding a lien on a medallion files a statement of release under 13 Pa.C.S. §  9406 (relating to release of collateral; duties of filing officer), the lender or creditor shall simultaneously notify the Commission, in writing, of the filing of a statement of release.

§ 30.15. Execution on and seizure of a medallion.

 (a)  If a lender or creditor executes on or seizes a medallion, it shall notify the Commission of all particulars, in writing, within 5 days of taking the action. The medallion will be held by the Commission pending further disposition.

 (b)  A sale of the medallion, upon seizure or execution, shall occur within 1 year of the seizure or execution, and shall be accomplished in accordance with §  30.12 (relating to sale of medallion).

 (c)  If the medallion is not sold within 1 year, the medallion becomes nontransferable.

§ 30.16. Stock transfer application.

 

   If a stock transfer application filed under 66 Pa.C.S. §  1102(a)(3) or (4) (relating to enumeration of acts requiring certificate) requests approval for the transfer of stock in a corporation which holds a medallion issued under this chapter, the applicant shall file a criminal history record information form for the proposed stockholders holding at least 5% of the stock of the corporation, and shall include a verified or sworn statement indicating that the proposed stockholders holding at least 5% of the stock of the corporation have not been convicted of a felony in the preceding 5 years. The application shall also be accompanied by the fee established by the Commission in the form of a certified or cashier’s check or money order payable to the ‘‘Pennsylvania Public Utility Commission.’’



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