1. (a) Providers. Only the following individuals may provide taxicab service:

   1. (1) The owner, if the owner is a taxicab driver.
   2. (2) An employee of the certificate holder who is a taxicab driver.
   3. (3) A taxicab driver who leases the taxicab directly from the certificate holder.

2. (b) Supervision. A certificate holder shall continually supervise its taxicab to make certain that only those taxicab drivers authorized by this section provide taxicab service.

   1. (1) A medallion taxicab certificate holder is required to ensure that a person holds a valid taxicab driver’s certificate issued by the Authority before permitting the person to drive a taxicab.
   2. (2) A medallion taxicab certificate holder is required to ensure that a person holds a valid WAV taxicab driver’s certificate issued by the Authority before permitting the person to drive a WAV taxicab.

3. (c) Criminal history and driver history reports.

   1. (1) A medallion taxicab certificate holder is required to conduct or have a third party conduct annual criminal history and driver history checks for taxicab drivers operating under the certificate holder’s medallion.

      1. (i) The criminal history report shall be conducted on a local and National background check, which must include a multistate or multijurisdictional criminal records locator or other similar commercial Nationwide database with primary source validation and a review of the United States Department of Justice’s National Sex Offender Public Website.
      2. (ii) The driver history report shall be obtained from the Department of Transportation or similarly authorized government entity in another jurisdiction of the United States containing details about a driver’s history including accidents and violations issued by a jurisdiction within the United States.
   2. (2) A medallion taxicab certificate holder shall review the criminal history and driving history reports before a taxicab driver operates under its medallion, and on annual basis thereafter, to ensure the driver has not been subject to a conviction as defined under § § 1001.10 and 1021.4 (relating to definitions; and ineligible persons for taxicab driver certificate), holds a current valid driver’s license, and has not been subject to three moving violations or a major violation as defined under § 1011.2 (relating to definitions).
   3. (3) A taxicab driver whose criminal history or driver history renders the driver ineligible to operate a taxicab under § 1011.5 (relating to ineligibility due to conviction or arrest) or § 1021.4 shall be immediately disqualified by the medallion taxicab certificate holder and the disqualification shall be reported by the medallion taxicab certificate holder to the Director within 48 hours.
   4. (4) Records required to be maintained by a medallion taxicab certificate holder under this subsection are subject to audits by the Authority under § 1011.11(d) (relating to record retention).
4. (d) Personal vehicle use prohibited. A vehicle registered as a taxicab within this Commonwealth may not be operated as a personal vehicle by a driver affiliated with a TNC under Chapter 57A of the act (relating to transportation network companies).

Authority

The provisions of this § 1011.9 temporarily amended under 53 Pa.C.S. § 57B02.

Source

The provisions of this § 1011.9 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 (360408).

Cross References

This section cited in 52 Pa. Code § 1011.11 (relating to record retention).