52 Pa. Code § 1011.2

Current through Register Vol. 54, No. 14, April 6, 2024

Section 1011.2 - Definitions

The following words and terms, when used in this subpart, have the following meanings, unless the context clearly indicates otherwise:

Controlling interest-

(i) A controlling interest is an interest in a legal entity, applicant or certificate holder if a person's voting rights under state law or corporate articles or bylaws entitle the person to elect or appoint one or more of the members of the board of directors or other governing board or the ownership or beneficial holding of 5% or more of the securities of the corporation, partnership, limited liability company or other form of legal entity, unless this presumption of control or ability to elect is rebutted by clear and convincing evidence. A member, partner, director or officer of a corporation, partnership, limited liability company or other form of legal entity is deemed to have a controlling interest.

(ii) A person who owns or beneficially holds less than 5% of the securities of a privately held domestic or foreign corporation, partnership, limited liability company or other form of privately held legal entity shall be deemed as having rebutted the presumption of control by clear and convincing evidence.

Dispatcher's certificate-A certificate issued by the Authority to a dispatcher.

Driver history report-A driver's license report containing details about a driver's history including accidents and violations issued by a jurisdiction within the United States.

Driver's license-A license or permit to operate a motor vehicle issued by the Department of Transportation or similarly authorized government entity in another jurisdiction of the United States.

Federal Tax Identification number-The Social Security number of an individual or the Employer Identification number of a business entity, fiduciary or other person.

Holding company-A person, other than an individual, which, directly or indirectly, owns, has the power or right to control or to vote 20% or more of the outstanding voting securities of a corporation or other form of business organization. A holding company indirectly has, holds or owns the power, right or security if it does so through an interest in a subsidiary or successive subsidiaries.

Inspector-Enforcement Department uniformed or nonuniformed staff assigned to investigate and enforce the act, this part and orders of the Authority who will be identifiable by an Authority issued badge number.

Key employee-An individual who is employed in a director or department head capacity and who is empowered to make discretionary decisions that affect the operations of an applicant or a regulated person.

Limousine certificate-A certificate granting the owner the right to operate a class of limousine service as provided in Subpart C (relating to limousines).

Medallion-A piece of metal in a shape and with a color to be determined by the Authority which is to be affixed to a vehicle by Authority staff before that vehicle may provide citywide taxicab service.

Medallion lienholder-A person holding a recorded lien against a medallion as provided under section 5713 of the act (relating to property and licensing rights) and § 1013.21 (relating to notice of medallion lien).

Medallion number-The number assigned to and placed on a particular medallion by the Authority, under § 1017.14 (relating to taxicab numbering).

Medallion taxicab-A taxicab certified by the Authority to provide citywide taxicab service and affixed with a medallion by the Authority as provided in § 1013.2 (relating to attachment of a medallion) and section 5714(a) of the act (relating to certificate and medallion required).

Medallion taxicab certificate-A certificate granting the owner the right to operate one or more medallion taxicabs under this part.

Moving violations-Any debt owed to the Commonwealth or one of its political subdivisions for violations of 75 Pa.C.S. (relating to Vehicle Code) that is not under appeal.

Parking violations-Any debt owed to the City of Philadelphia related to a violation of the Philadelphia Traffic Code (12 Phila. Code § § 100-3012) that is not under appeal.

Partial-rights taxicab-A taxicab authorized by the Authority to provide common carrier call or demand transportation of persons for compensation on a non-citywide basis, under Chapter 1015 (relating to partial-rights taxicabs) and section 5711(c)(2.1 ) of the act (relating to power of authority to issue certificates of public convenience) and 5714(d)(2) of the act.

Partial-rights taxicab certificate-A certificate granting the owner the right to operate one or more partial-rights taxicabs under this part.

Proposed buyer-The party seeking to acquire an ownership interest in a medallion or certificate, as the context provides.

Transfer fee-The nonrefundable fee charged by the Authority to review an application to sell transferable rights.

WAV medallion-A medallion restricted to use on a wheelchair accessible vehicle (WAV) taxicab.

WAV medallion taxicab-A taxicab to which a WAV medallion is attached by the Authority as provided in this chapter.

WAV taxicab-A motor vehicle authorized by the Authority to provide taxicab service that meets the requirements of a "wheelchair accessible taxicab" as defined in section 5701 of the act (relating to definitions) and § 1017.8 (relating to wheelchair accessible vehicle taxicab specifications).

WAV taxicab dispatcher-A dispatcher approved by the Authority to dispatch WAV taxicabs as provided in § 1019.8(b) (relating to dispatcher requirements).

WAV taxicab driver-The individual to whom a current and valid WAV taxicab driver's certificate has been issued by the Authority under section 5706 of the act (relating to driver certification program) and § 1021.5a (relating to special wheelchair accessible vehicle taxicab driver's certificate and requirements).

WAV taxicab driver's certificate-The original photographic identification card issued by the Authority which confirms that an individual has complied with section 5706 of the act and § 1021.8 (relating to certain training subjects).

Wheelchair-

(i) A mobility aid belonging to any class of three-wheeled or four-wheeled devices, usable indoors, designed for and used by individuals with mobility impairments, whether operated manually or powered.

(ii) A common wheelchair is a device which does not exceed 32 inches in width and 48 inches in length measured 2 inches above the ground and does not weigh more than 600 pounds when occupied.

(iii) The term as further defined by 49 CFR 37.3 (relating to definitions) or its successor regulation.

52 Pa. Code § 1011.2

The provisions of this § 1011.2 amended August 29, 2014, effective 8/30/2014, 44 Pa.B. 5662; amended September 12, 2014, effective 9/13/2014, 44 Pa.B. 5867; temporarily amended May 5, 2017, effective 2/25/2017, expire upon promulgation of final-form regulations or on November 5, 2018, whichever is later, as set forth in 53 Pa.C.S. § 57B 02(b), 47 Pa.B. 2558.

The provisions of this § 1011.2 temporarily amended under 53 Pa.C.S. § 57B 02.

This section cited in 52 Pa. Code § 1001.10 (relating to definitions); 52 Pa. Code § 1011.9 (relating to taxicab service limitations); 52 Pa. Code § 1019.3 (relating to dispatcher application); 52 Pa. Code § 1021.4 (relating to ineligible persons for taxicab driver certificate); and 52 Pa. Code § 1027.7 (relating to required application information).