Subchapter F. DRIVER REGULATIONS

 (a)  Purpose. This subchapter establishes minimum qualifications for persons who drive taxicabs in cities of the first class.

 (b)  Owner-drivers. A medallion holder who employs himself as a driver shall comply with this subchapter.

 (c)  Lease-drivers. A driver of a taxicab who leases that taxicab for any period of time from a medallion holder shall comply with this subchapter.

 (d)  Employe or wage drivers. A driver of a taxicab who is the employe or wage driver of a medallion holder shall comply with this subchapter.

 (e)  Driver’s license required. A person may not operate a taxicab without holding a current, valid driver’s license.

 (f)  Taxi driver’s certificate required. A person may not operate a taxicab in a city of the first class without holding a picture taxi driver’s certificate issued by the Commission.

 (a)  Application to Commission. To obtain a taxi driver’s certificate, an individual shall apply to the Commission at the designated office in Philadelphia.

 (b)  Required documentation and form of application. Upon applying for a taxi driver’s certificate, an individual shall present the following to a representative of the Commission:

   (1)  A current and valid driver’s license.

   (2)  One additional form of identification.

   (3)  A completed Taxi Driver’s Certificate Application, (Appendix A), signed by the applicant and acknowledged, consistent with section 2 of the Uniform Acknowledgments Act (21 P. S. §  291.2).

   (4)  A criminal history record information obtained from the State Police for the proposed driver dated within 60 days prior to the filing of the application.

   (5)  A driver history from the Department of Transportation or the equivalent from the jurisdiction in which the applicant is currently licensed dated within 60 days prior to the filing of the application.

   (6)  A training certificate issued by the Commission indicating that the applicant has satisfactorily completed driver training as prescribed by this subchapter.

   (7)  A certified check or United States Postal money order in the amount established for issuance of a taxi driver’s certificate under 66 Pa.C. S. §  2414 (relating to budget and fees).

 (c)  Current driver’s license required.

   (1)  A taxi driver’s certificate will not be issued to an individual who does not hold a current, valid driver’s license.

   (2)  The Commission may refuse to issue a taxi driver’s certificate to an individual previously convicted or who has pleaded guilty or nolo contendere to a violation of 75 Pa.C. S. (relating to the Vehicle Code), other than a summary offense, or similar vehicle codes in other jurisdictions which reflects recklessness or indifference to the public health, safety or welfare.

 (d)  Driver examination. To obtain a taxi driver’s certificate, an individual shall take and pass an examination to be administered by the Commission. Failure to successfully pass the examination within 90 days of the filing of the application shall render the application void. In that event, a new application with the required fee and records shall be filed before the individual may again take an examination. An applicant is permitted to take an unlimited number of scheduled examinations during the 90-day period. The examination shall include questions regarding the Commission’s driver and vehicle regulations contained in this chapter, the tariff governing rates and charges and the geography of the city and county of Philadelphia. Some examination instructions shall be presented verbally, in English. The assistance of interpreters will not be permitted.

 (e)  Driver training.

   (1)  Training program content. The driver training program will provide instruction to taxicab drivers in cities of the first class in the following areas:

     (i)   Commission regulations applicable to drivers in cities of the first class. This includes training in the following:

       (A)   Commission regulations governing taxi drivers.

       (B)   Commission regulations governing medallion holders.

       (C)   Commission regulations governing equipment.

       (D)   Penalties for violation of Commission regulations.

       (E)   An overview of the administrative process when a violation occurs.

       (F)   The identification and address of the Commission office responsible for administering 66 Pa.C.S. Chapter 24 (relating to taxi cabs in first class cities) (Medallion Act).

     (ii)   Customer service. This includes training in the following:

       (A)   Personal appearance of drivers.

       (B)   Driver courtesy.

       (C)   Assistance to elderly, infirm or disabled persons.

     (iii)   Customer and driver safety. This includes training in the following:

       (A)   Defensive driving techniques.

       (B)   Emergency aid.

       (C)   Vehicle and equipment inspections.

       (D)   Crime prevention.

     (iv)   Regional and geographical knowledge. This includes training in the following:

       (A)   Map reading.

       (B)   Overview of major street and traffic patterns.

       (C)   Identification and location of popular landmarks and locations.

   (2)  Driver training requirements.

     (i)   Driver training in the areas described in paragraph (1) is mandatory to obtain a taxi driver’s certificate.

     (ii)   Driver training consists of a minimum of 18 hours of instruction, subject to subparagraph (iv).

     (iii)   Driver training shall be received from the Commission or a program provider instructor designated by the Commission as provided at paragraph (3).

     (iv)   A taxi driver who has a driver’s certificate issued prior to implementation of the driver training requirement is required to complete training only in the areas of customer service and customer and driver safety. This is a minimum of 6 hours of training. Currently certificated drivers shall have until June 30, 1997, to complete training.

     (v)   A taxi driver who has completed driver training as required and whose taxi driver’s certificate has not expired or has not been suspended or cancelled is not required to repeat driver training at the time of biannual renewal of the certificate.

   (3)  Program provider requirements. The Commission will provide either all or part of the driver training or will designate program providers to provide the driver training. If the Commission designates a program provider to provide all or part of the training, that provider will be selected by the competitive bid process. The program provider shall notify the Commission, in writing, of those individuals who have satisfactorily completed training within 10 days of completion of the training. The Commission will issue a certificate to the individual stating that the individual has satisfied the driver training requirements.

 (f)  Disqualification by reason of felony conviction. A taxi driver’s certificate will not be issued to an individual convicted of a felony under the laws of the Commonwealth or under the laws of another jurisdiction and who is under the supervision of a court or correctional institution as a result of that conviction so long as a court or correctional institution maintains some form of supervision. The supervision may include incarceration, probation, parole and furlough.

 (g)  Disqualification for conviction of crime of moral turpitude. A taxi driver’s certificate will not be issued to an individual convicted of a crime of moral turpitude, whether a felony or misdemeanor, under the laws of the Commonwealth or another jurisdiction and who is under the supervision of a court or correctional institution as a result of that conviction so long as the court or correctional institution maintains some form of supervision. The supervision may include incarceration, probation, parole and furlough.

 (h)  Disqualification for failure to comply with application requirements. A taxi driver’s certificate will not be issued to an individual who fails to comply with this section.

 (i)  Disqualification for inability to speak English. A taxi driver’s certificate will not be issued to an individual who does not speak the English language sufficiently to communicate with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries and to make verifiable entries on reports and records.

 (j)  Disqualification for failure to be truthful on application. A taxi driver’s certificate will not be issued to an individual who knowingly makes any false statement on a driver’s certificate application.

 (k)  Suspension of taxi driver’s certificate. A taxi driver’s certificate will be immediately suspended and confiscated when the certificateholder’s driver’s license has been suspended or revoked, the certificateholder’s taxi driver’s certificate has expired, or the certificateholder made a false statement on the application which impacts upon the public health or safety. A hearing on the suspension will be held within 30 days of the date of suspension.

   The provisions of this §  30.72 amended under the Public Utility Code, 6 Pa.C.S. § §  501, 2404(a), 2409 and 2412.

   The provisions of this §  30.72 amended December 29, 1995, effective February 28, 1996, 25 Pa.B. 6082; amended November 29, 1996, effective January 29, 1997, 26 Pa.B. 5816. Immediately preceding text appears at serial pages (205709) to (205711).

 (a)  A taxi driver’s certificate shall expire in the month of the licensee’s birth date at intervals of no more than 2 years from previous issuance. A taxi driver’s certificate is renewable on or within 60 days prior to its expiration date upon submission of an application, a fee and satisfactory records as required by §  30.72(a)—(c) (relating to standards for obtaining a taxi driver’s certificate).

 (b)  A certified taxi driver whose certificate has not expired or has not been suspended or cancelled will not be required to retake the certification examination required by this subchapter at the time of biannual renewal.

 (c)  A certified taxi driver shall comply with §  30.72(a)—(c) and will be liable to the disqualifications in §  30.72(f)—(i).

   The provisions of this §  30.73 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 2404(a), 2409 and 2412.

 (a)  A certified taxi driver shall carry and display an original taxi driver’s certificate on the protective shield (dividing the front from the rear of the cab) of the taxicab on the driver’s side with the front of the certificate (picture) facing the rear seat at all times during operation.

 (b)  A certified taxi driver may not operate with a mutilated, damaged or unreadable certificate.

 (c)  No more than one taxi driver’s certificate may be displayed at one time.

   The provisions of this §  30.74 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 2404(a), 2409 and 2412.

 (a)  Driver compliance with Commission regulations.

   (1)  In addition to possession and display of a current, valid taxi driver’s certificate as required by this chapter, a taxi driver shall comply with this title and 66 Pa.C.S. (relating to the Public Utility Code). Failure to do so constitutes grounds for the suspension or cancellation of a taxi driver’s certificate or the assessment of a civil penalty against the driver, or both.

   (2)  The driver standards at subsections (b)—(d) and (f) shall be posted in taxicabs operated under this chapter.

 (b)  Personal appearance of drivers. A driver while operating a taxicab, shall present a neat and clean appearance.

   (1)  A driver shall dress in clean clothing which will be composed of a shirt with collar, ankle-length trousers, slacks/dress, skirts (if gender appropriate), socks or stockings, and shoes or clean sneakers. 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.

   (2)  A driver may not wear sandals or go barefoot while operating a taxicab.

 (c)  Driver courtesy. A driver shall conduct himself with courtesy towards the passengers, and may not use obscenity or vulgarity directed towards or within the hearing of the passengers.

 (d)  Assistance to elderly, infirm or disabled passengers. Drivers shall assist elderly, infirm or disabled passengers in entering and exiting their taxicabs.

 (e)  Prohibited fares and charges.

   (1)  A driver may not charge fares other than those established by this Commission as required by 66 Pa.C.S. §  2410(b) (relating to wages).

   (2)  A driver may not insist upon the payment of a gratuity by a passenger.

 (f)  Discrimination prohibited. A driver may not refuse service to a member of the public on the basis of sex, race, religious preference, nationality, age, point of origin, point of destination or to a person with a disability. A driver shall, when on duty and not engaged, furnish trip service on demand to an orderly person for lawful purposes.

   (1)  A taxi driver shall stop his vehicle, if not engaged, when hailed by a person with a disability. The driver shall determine if the services requested by the person can be reasonably accommodated by the vehicle.

     (i)   If the service request can be reasonably accommodated, the driver shall provide the service.

     (ii)   If the service request cannot be reasonably accommodated, the driver shall call a dispatcher immediately to arrange for service by the closest vehicle available that can accommodate the person’s request. The driver shall advise the person of the status before departing.

 (g)  Report of license suspension or revocation required. A driver shall immediately report a suspension or revocation of his driver’s license to the Commission’s driver licensing agent.

 (h)  Drivers responsible for administrative paperwork. A driver is responsible for the timely and accurate completion of the passenger log to be maintained in each taxicab as well as for the forms and documents required to be maintained in the taxicab.

   (1)  A driver as well as the medallion holder, is responsible for the posting of maps of service areas, a schedule for fares with letters and numbers at least 1/2 inch in size, and the driver standards as described in subsections (b)—(d) and (f) in plain sight of the passengers at all times in the taxicab that the driver operates.

   (2)  A driver is responsible for maintaining a copy of the lease agreement, employment contract or employe identification card at all times in the taxicabs the driver operates.

 (i)  Drivers responsible for sanitary accommodations. A driver shall maintain the taxicab he operates in a neat and sanitary condition, including the passenger compartment, trunk and the exterior of the vehicle.

 (j)  Operation of unsafe vehicle prohibited. A driver may not operate a vehicle known by the driver to be in an unsafe mechanical condition.

 (k)  Most direct route to destination required. Unless provided with specific directions by the fare-payer to his point of destination, a 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. A driver may not use indirect, convoluted or unnecessarily lengthy routes for the purpose of increasing the fare.

 (l)  Accidents. A driver involved in an accident which results in injury or death of a person or property damage shall do the following:

   (1)  Stop immediately.

   (2)  Take necessary precautions to prevent further accidents at the scene.

   (3)  Render reasonable assistance to injured persons. Movement of injured persons by a driver should not be undertaken if likely to cause further injury.

   (4)  Give to a person demanding the same, his name and address, the name and address of the motor carrier for whom he is then driving, the State tag registration number of the vehicle involved, the name of the insurance carrier which insures the operations of the medallion holder and the driver’s operator’s license number.

   (5)  Report the details of the accident as soon as practicable to the following:

     (i)   The police if required by 75 Pa.C.S. (relating to the Vehicle Code).

     (ii)   The medallion holder or the manager of the motor carrier then using his services.

     (iii)   The insurance carrier of the medallion holder then using his services.

 (m)  Report of change of address required. A certificated taxi driver or taxi driver’s certificate applicant shall notify the Commission’s District Office within 15 days after a change of the address recorded on the certificate application. The notice shall be in writing and shall contain the old and current address and the number of any taxi driver’s certificate then held by the person.

 (n)  Report of change of legal name required. A certificated taxi driver or taxi driver’s certificate applicant shall notify the Commission’s District Office within 15 days after a change of the legal name recorded on the certificate application. This notice shall be in writing and shall contain the old and current legal name and the number of any taxi driver’s certificate then held by the person.

   The provisions of this §  30.75 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301, 1501, 2404(a), 2409 and 2412.

 (a)  General. This subchapter is equally applicable to owner-drivers, wage-drivers and lease-drivers. A medallion holder is responsible for compliance with this subchapter by the drivers employed by the medallion holder or to whom the medallion holder leases taxicabs.

 (b)  Character of offenses. A violation of this subchapter is, for the first offense, a nontraffic summary offense, and a misdemeanor of the third degree for each offense thereafter.

 (c)  Duration of suspension or cancellation. A violation of this subchapter may result in the suspension or cancellation of a taxi driver’s certificate or the assessment of a civil penalty, or both. Suspension of a taxi driver’s certificate shall be of a duration that the Commission or the presiding officer will determine upon the facts and circumstances of each case. Cancellation of a taxi driver’s certificate is final.

 (d)  Mandatory cancellation. A driver will have his taxi driver’s certificate cancelled in the following circumstances:

   (1)  An individual who operates a taxicab in a city of the first class while his taxi driver’s certificate is then under suspension by the Commission shall have his certificate cancelled.

   (2)  A certified taxi driver who has been twice suspended under this chapter shall have his taxicab driver’s certificate cancelled upon a third violation occurring within 3 years of the date of entry of the first suspension.

   (3)  A certified taxi driver who operates a taxicab in a city of the first class while under the influence of alcohol, an amphetamine or a formulation of an amphetamine, a narcotic drug or a derivative of a narcotic drug shall have his taxicab driver’s certificate cancelled.

   (4)  A certified taxi driver who operates a taxicab and who knowingly transports, possesses or unlawfully uses a drug or narcotic proscribed by The Controlled Substance, Device and Cosmetic Act (35 P. S. § §  780-101—780-144) shall have his taxicab driver’s certificate cancelled.

   (5)  A certified taxi driver who leaves the scene of a motor vehicle accident involving that taxicab prior to rendering reasonable assistance to injured persons and who fails to report that accident to the police shall have his taxicab driver’s certificate cancelled.

   (6)  A certified taxi driver who is convicted of a felony involving the use of a motor vehicle shall have his taxi driver’s certificate cancelled.

   (7)  A certified taxi driver who is convicted of driving while his motor vehicle license is suspended or revoked shall have his taxicab driver’s certificate cancelled.

 (e)  Offenses by medallion holder. Operation of a taxicab by an individual not holding a current and valid taxi driver’s certificate may result in cancellation of the medallion holder’s taxi driver’s certificate or cancellation of the medallion holder’s certificate of public convenience.

 (f)  Aiding or abetting violations. A person may not aid, abet, encourage or require a driver to violate this title or 66 Pa.C.S. (relating to the Public Utility Code).

   The provisions of this §  30.76 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 2404(a), 2409 and 2412.

 Fines for violations of this subchapter range from $50 to $1,000 per violation.

   The provisions of this §  30.77 issued under the Public Utility Code, 66 Pa.C.S. § §  501, 2404(a), 2409 and 2412.

   The provisions of this §  30.77 adopted November 29, 1996, effective January 29, 1997, 26 Pa.B. 5816.

FORM A
APPLICATION FOR TAXI DRIVER’S CERTIFICATE