1. (a) Providers. Except as provided in subsection (d), only the following individuals may provide limousine service:

   1. (1) The owner, if the owner is a limousine driver.
   2. (2) An employee of the certificate holder who is a limousine driver.
   3. (3) A limousine driver who leases the limousine directly from the certificate holder.
2. (b) Supervision. A certificate holder shall continually supervise its limousine to make certain that only those limousine drivers authorized by this section provide limousine service. A limousine certificate holder is required to ensure that a person holds a valid limousine driver’s certificate issued by the Authority before permitting the person to drive a limousine.

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

   1. (1) A limousine certificate holder is required to conduct or have a third party conduct annual criminal history and driver history checks for all limousine drivers operating a limousine vehicle under the certificate holder.

      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 limousine certificate holder shall review the criminal history and driver history reports before a limousine driver operates a limousine vehicle, and on an annual basis thereafter, to ensure the driver has not been subject to a conviction as defined under § § 1001.10 and 1057.4 (relating to definitions; and ineligible persons for limousine 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 § 1051.2 (relating to definitions).
   3. (3) A limousine driver whose criminal history or driver history renders the driver ineligible to operate a limousine vehicle under § 1051.5 (relating to ineligibility due to conviction or arrest) or § 1057.4 shall be immediately disqualified by the limousine certificate holder and the disqualification shall be reported to the Director within 48 hours.
   4. (4) Records required to be maintained by a limousine certificate holder under this subsection are subject to audits by the Authority under § 1051.10(d) (relating to record retention).
4. (d) Funeral homes. This section does not apply to an individual hired by a funeral home to drive a limousine for funeral related services. The funeral service drivers may not be in violation of § 1051.5, shall submit to a criminal background check by the TLD and evidence possession of a valid State-issued driver’s license.
5. (e) Personal vehicle use prohibited. A vehicle registered as a limousine 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 § 1051.8 temporarily amended under 53 Pa.C.S. § 57B02.

Source

The provisions of this § 1051.8 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 (360484).

Cross References

This section cited in 52 Pa. Code § 1051.10 (relating to record retention).