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Certificate and medallion required - 53 Pa. Cons. Stat. § 5714Legal Research Home > Pennsylvania Statutes
§ 5714. Certificate and medallion required.
(a) Procedure.--A vehicle may not be operated as a taxicab
with citywide call or demand rights in cities of the first class
unless a certificate of public convenience is issued by an
authority authorizing the operation of the taxicab and a
medallion is attached to the hood of the vehicle. Prior to the
issuance of a medallion, the certificate holder shall have its
vehicle inspected by the authority. The authority shall require,
by order or regulation, that each medallion holder submit to a
periodic vehicle inspection of its taxicab by authority
personnel to ensure that the vehicle meets the requirements of
this subchapter and authority regulations. Authority inspection
requirements shall be in addition to the vehicle requirements
set forth in Title 75 (relating to vehicles). Authority
inspection and recording requirements shall be established by
regulations. No vehicle which is more than eight years old shall
continue in operation as a taxicab. Notwithstanding the
foregoing, the authority may authorize the operation of antique
vehicles in call or demand service in such circumstances as the
authority may deem appropriate. Each medallion holder's tariff
rates shall be clearly and visibly displayed in each taxicab. A
medallion shall not be removed from a vehicle without prior
notification to and permission of the authority. A medallion
authorizes operation of a vehicle as a taxicab only for the
fiscal year for which the medallion is issued.
(b) Protective barrier.--Each taxicab within cities of the
first class shall be equipped with a protective barrier for the
protection of the driver, separating the front seat from the
back seat. The authority may provide for additional driver
protection measures by order or regulation.
(c) Service.--A vehicle authorized by a certificate to
provide call or demand service within cities of the first class
may transport persons and their baggage upon call or demand and
parcels, packages and property at the same basic metered rates
charged to passengers:
(1) between points in the city of the first class for
which its certificate is issued;
(2) from any point in the city of the first class for
which its certificate is issued to any point in this
Commonwealth;
(3) from any point in this Commonwealth to any point in
the city of the first class for which its certificate is
issued if the request for service for such transportation is
received by call to its centralized dispatch system; and
(4) from any point in the city of the first class for
which its certificate is issued to any point outside this
Commonwealth as a continuous part of a trip.
(d) Other vehicles.--
(1) A vehicle which is not authorized by a certificate
to provide call or demand service within cities of the first
class but which is operated by the holder of a certificate of
public convenience from the Pennsylvania Public Utility
Commission authorizing call or demand service elsewhere in
this Commonwealth may transport persons and property:
(i) to cities of the first class in accordance with
the service authorized under its certificate of public
convenience; and
(ii) from any point in a city of the first class to
any point in this Commonwealth beyond that city of the
first class if the request for service for such
transportation is received by call to its radio dispatch
service.
(2) Carriers currently authorized to provide service to
designated areas within cities of the first class on a non-
citywide basis shall retain their authorization through the
authority. The authority shall not grant additional rights to
new or existing carriers to serve designated areas within
cities of the first class on a non-citywide basis.
(e) Penalties involving certificated taxicabs.--Operating a
certificated taxicab in violation of subsections (a) and (b) or
authorizing or permitting such operation is a nontraffic summary
offense. Offenders of subsections (a) and (b) may also be
subject to civil penalties pursuant to section 5725 (relating to
civil penalties).
(f) Unauthorized vehicles.--Operating an unauthorized
vehicle as a taxicab, or giving the appearance of offering call
or demand service with an unauthorized vehicle, without first
having received a certificate of public convenience and a
medallion is a nontraffic summary offense in the first instance
and a misdemeanor of the third degree for each offense
thereafter. The owner and the driver of a vehicle being operated
as or appearing as a taxicab without a certificate of public
convenience and a medallion are also subject to civil penalties
pursuant to section 5725. Civil penalties which have been
assessed and collected shall be deposited in the fund.
(g) Confiscation and impoundment of vehicles.--
(1) In addition to penalties provided for in subsection
(f), the authority is empowered to confiscate and impound
vehicles, medallions and equipment which are utilized to
provide call or demand service without a proper certificate
of public convenience in cities of the first class or which
are in violation of regulations of the authority. Upon
satisfaction of all penalties imposed and all outstanding
fines assessed against the owner or operator of the
confiscated vehicle and payment of the costs of the authority
associated with confiscation and impoundment, the vehicle,
medallion and equipment shall be returned to its registered
owner or registered lienholder.
(2) (i) If an owner or operator does not satisfy all
penalties imposed and all outstanding fines assessed
within 45 days of the date of impoundment, the authority
may publicly auction all confiscated property.
(ii) The authority shall, at least 30 days before
the date of the public auction, provide notice by regular
mail to the registered owner and any registered
lienholder of the public auction of confiscated vehicles
and equipment. The notice required under this
subparagraph may be provided within the period of 45 days
of the date of impoundment.
(3) The authority shall apply the proceeds from the sale
of all confiscated property in the following order:
(i) To the costs of the authority associated with
the confiscation, impoundment and auction.
(ii) To all penalties imposed and all outstanding
fines assessed against the owner and operator of the
confiscated property.
(iii) Except as provided in subparagraph (v), to the
lien of any registered lienholder of the confiscated
property upon demand.
(iv) Except as provided in subparagraph (v), to the
registered owner of the confiscated property upon demand.
(v) When not claimed by any registered lienholder or
registered owner within one year of the auction date,
remaining proceeds shall be deposited into the fund.
(g.1) Assessment.--After application of the proceeds from
the sale of confiscated property under subsection (f), the
uncompensated costs of the authority associated with the
confiscation, impoundment and auction and all outstanding
penalties imposed and all outstanding fines assessed against the
registered owner or operator of the confiscated property may be
assessed against the registered owner or operator of the
confiscated property as the authority may prescribe by
regulation.
(h) Counterfeit medallions.--The manufacture or possession
of a counterfeit medallion is a misdemeanor of the third degree
for each offense.
(July 16, 2004, P.L.758, No.94, eff. imd.)
2004 Amendment. Act 94 reenacted and amended section 5714.
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Last modified: November 27, 2007 |
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