Pennsylvania Bulletin, Vol 44, No. 25. June 21, 2014

• Jurisdiction: Pennsylvania
• Library: Pennsylvania Register
• Published date: 21 June 2014
• Year: 2014

RULES AND REGULATIONS

Title 52—PUBLIC UTILITIES

PHILADELPHIA PARKING AUTHORITY

[ 52 PA. CODE CHS. 1017 AND 1055 ]

Impoundment of Vehicles and Equipment

The Philadelphia Parking Authority (Authority), on

January 28, 2013, adopted a proposed rulemaking order

which modifies regulations related to the impoundment of

taxicab, limousines and related property in Philadelphia,

in furtherance of the Authority’s regulatory functions. The

regulation identified impoundable offenses and provides

for prompt post-impoundment due process.

Philadelphia Taxicab and Limousine Regulations

Impoundment Procedures; Doc. No. 126-3

Final Rulemaking Order

By the Authority:

The Authority is required to carry out the provisions of

the act of July 16, 2004, (P. L. 758, No. 94), 53 Pa.C.S.

§§ 5701 et seq., as amended, (the ‘‘act’’) relating to the

regulation of taxicab and limousine service providers in

the City of Philadelphia.

1

Pursuant to this obligation, the

Authority issued a proposed regulation at this docket

number on January 28, 2013. The initial public comment

period for this rulemaking proceeding concluded on April

29, 2013, the Independent Regulatory Review Commis-

sion (‘‘IRRC’’) submitted its comments on May 29, 2013.

The Authority has completed its review of the comments

and now issues the final-form regulation.

Purpose of the Final-Form Regulation

The Authority is authorized by statute to impound,

store and dispose of taxicabs and limousines and equip-

ment used in furtherance of those public conveniences,

such as meters and medallions (collectively ‘‘impound-

ments’’) for violations of the act and the Authority’s

regulations.

2

As with many powers authorized by the

Legislature, the actual function of conducting these im-

poundments requires well tailored regulations to realize

appropriate implementation. The changes to our regula-

tions at 52 Pa. Code §§ 1017.51, 1017.52, 1055.31 and

1055.32 are intended to provide guidance to the regulated

community as to how impoundments may occur and what

actions must be taken to reclaim impounded property.

The regulations also place specific subject matter limita-

tions and timing requirements upon the Authority’s Taxi-

cab and Limousine Division to limit impoundments to the

most serious of circumstances and provide the rapid due

process necessary in these circumstances.

Discussion

The Authority has reviewed the comments filed at each

stage of this proceeding. Responses to those comments,

explanations of the purpose and alterations of each

amended subsection of the final-form regulation are set

forth below.

Statutory Authority.

The Authority is the only entity authorized to certifi-

cate carriers to provide taxicab service within Philadel-

phia (‘‘intra-Philadelphia’’).

3

There are only two types of

taxicab services that may provide intra-Philadelphia ser-

vice: medallion taxicabs and partial-rights taxicabs.

A) Medallion Taxicabs.

Only a medallion taxicab may provide city-wide intra-

Philadelphia taxicab service. 53 Pa.C.S. § 5714(a). One

medallion authorizes one taxicab. 53 Pa.C.S. § 5712(b). In

order to provide medallion taxicab service the owner must

first purchase a taxicab medallion.

The number of medallions is currently statutorily

capped at 1,630. See 53 Pa.C.S. § 5711(c). Medallions are

property rights. 53 Pa.C.S. § 5713(a). Medallions may be

sold by their owners to third parties on the open market,

pursuant to Authority oversight. 53 Pa.C.S. § 5718. The

current value of a medallion is approximately $525,000.

B) Partial-rights Taxicabs.

The Authority fully reviewed the history of ‘‘partial-

rights’’

4

taxicabs in its final rulemaking order entering its

regulation 126-1. Most of the comments submitted by

Germantown Cab Company to this rulemaking were also

submitted in regard to the Authority’s rulemaking in

2011. See 41 Pa.B. 6499, 6523—6525 (December 11,

2011). We incorporate our responses here.

Partial-rights taxicab service originated under the

PUC’s jurisdiction and was transferred to the Authority’s

sole jurisdiction through the act.

5

See Germantown Cab

Co. v. Phila. Parking Auth., Commonwealth Court of

Pennsylvania Docket No. 461 CD 2012. (‘‘Germantown

Cab’’). The Pennsylvania Supreme Court recently denied

Germantown’s petition for appeal of the Germantown Cab

decision. Germantown Cab Co. v. Phila. Parking Auth.,79

A.3d 1100 (Pa. 2013) (‘‘Germantown Cab’’).

6

C) Impoundments of Partial-rights Taxicabs.

IRRC questioned the power of the Authority to impound

vehicles of partial-rights carriers in consideration of re-

cent changes to the act and the Commonwealth Court of

Pennsylvania’s decision in Sawink, Inc. et al., v. Philadel-

phia Parking Authority, 34 A.3d 926 (Pa. Cmwlth. 2012),

affirmed, 57 A.3d 644 (Pa. 2012). IRRC requested specific

reference to the statutory authority for this rulemaking.

The only public comments to this regulation were submit-

ted by Germantown Cab Company (‘‘Germantown’’)

7

and

its attorney, both averred that the Authority lacks juris-

diction over partial-rights taxicab companies.

Germantown operates approximately 175 partial-rights

taxicabs in Philadelphia, by far the largest fleet of any

type of taxicab in Philadelphia. The other 5 partial-rights

taxicab companies operate less than 10 taxicabs in Phila-

delphia combined.

The question of the Authority’s jurisdiction over partial-

rights taxicabs has been resolved, repeatedly. This issue

has now been reviewed by the Authority, the Pennsylva-

nia Public Utility Commission (‘‘PUC’’),

8

the Pennsylvania

1See Sections 13 and 17 of the Act.

2See 53 Pa.C.S. §§ 5714(g) and 5741(f).

3See 53 Pa.C.S. §§ 5711(c)(2.1), 5714(a) and 5714(d)(2).

4This term is defined at 52 Pa. Code § 1011.2.

5Id.

6We believe that the Act of July 5, 2012, P. L. 1022, No. 119 (‘‘Act 119’’)has resolved

any question that may have existed as to the Authority’s jurisdiction over partial-

rights taxicabs in Philadelphia. Act 119 modifies the definition of ‘‘taxicab’’ in section

5701 to specifically apply to both medallion taxicabs and partial-rights taxicabs. Also

section 5711(c)(2.1) and 5714(d)(2) were amended to provide that the Authority has

sole jurisdiction over partial-rights taxicabs in Philadelphia.

7Germantown’s comments to this proposed rulemaking were mixed with comments

to another of the Authority’s proposed rulemakings and were further interspersed with

comments that did not appear linked to any proposed rulemaking and were not

provided in order. We have made our best efforts to differentiate the various writings

and respond to comments made to this proposed rulemaking.

8See Jurisdictional Agreement (between the Authority and the PUC) Pursuant to

the act, 35 Pa.B. 1649 (March 25, 2005); Rosemont Taxi Co. v. Philadelphia Parking

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PENNSYLVANIA BULLETIN, VOL. 44, NO. 25, JUNE 21, 2014