1485 Advance notice of temporary rulemaking for the taxi and limousine industries; request for comments
Title 52—PUBLIC UTILITIES PENNSYLVANIA PUBLIC UTILITY COMMISSION Advance Notice of Temporary Rulemaking for the Taxi and Limousine Industries; Request for Comments [46 Pa.B. 5538]
[Saturday, August 27, 2016]Public Meeting held
August 11, 2016Commissioners Present: Gladys M. Brown, Chairperson; Andrew G. Place, Vice Chairperson; John F. Coleman, Jr.; Robert F. Powelson; David W. Sweet
Temporary Rulemaking for the Taxi and Limousine Industries; L-2016-2556432 Advance Notice of Temporary Rulemaking Order Act 85 of 2016, (effective July 13, 2016) provides, inter alia, that the Commission shall promulgate temporary regulations governing the taxi and limousine industries within 150 days of the effective date of Act 85. Act 85 exempted the temporary regulations from various procedural requirements established by the Commonwealth Documents Law, the Commonwealth Attorneys Act, and the Regulatory Review Act.1 Act 85 provides that the temporary regulations will expire upon the promulgation of final-form regulations or two years after the effective date of Act 85, whichever is earlier.
According to Act 85, the temporary regulations ''shall address all of the following:
(I) the use of log sheets and manifests, including the storage of information on digital or other electronic devices.
(II) metering addressing the use of a variety of technologies.
(III) vehicles' age and mileage, including procedures to petition for exceptions to age and mileage standards.
(IV) marking of taxis, including advertising.
(V) the operation of lease-to-own taxi and limousine equipment subject to the following conditions:
(a) providing required levels of insurance on the vehicle.
(b) ensuring that the vehicle is subject to and complies with all vehicle inspection requirements.
(c) ensuring that the driver complies with all the requirements of 52 Pa. Code Ch. 29 subch. F (relating to driver regulations).
(d) terminating insurance provided to a driver who completes the purchase of the vehicle or who no longer provides driver services to the taxi or limousine company.
(VI) taxi tariffs, including rate and tariff change procedures for both meters and digital platforms. Regulations shall reflect reduced or flexible rates and tariffs as appropriate.
(VII) procedures for cancellations, no-shows and cleaning fees.
(VIII) limousine tariffs, including rate and tariff change procedures. Regulations shall reflect reduced or flexible rates and tariffs as appropriate.
(IX) driver requirements, including criminal history background check requirements and driving record requirements.
(X) vehicle requirements, including compliance with environmental, cleanliness, safety and customer service standards, including special safety requirements for children.
(XI) requirements for continuous service and exceptions for unexpected demand and personal health and safety.''
Act 85, Section 1602-M. In the Commission's opinion, the enumeration of these subject areas is intended to facilitate an examination and implementation of updated regulatory requirements for the taxi and limousine industries in Pennsylvania in order to recognize changes in technology, customer demand and expectations, and competitive challenges. However, while we intend to fully address these subject areas and to make changes where warranted, we do not intend to diminish our commitment to vehicle safety, driver integrity and adequate insurance to protect the public.
The Commission hereby solicits all interested parties' comments regarding the temporary regulations. Comments must provide specific suggestions for any proposal, including suggested regulatory language, with appropriate citations to current regulations that address the particular comment. Additionally, comments must provide the underlying rationale to support any suggested temporary regulations.
Comments must be filed with the Commission within 30 days after the date of publication in the Pennsylvania Bulletin; Therefore,
It Is Ordered That:
1. A rulemaking is opened to promulgate temporary regulations consistent with Act 85.
2. The Law Bureau shall deposit this Order with the Legislative Reference Bureau to be published in the Pennsylvania Bulletin.
3. An original of any written comments must reference the docket number and must be submitted within 30 days of publication in the Pennsylvania Bulletin to the Pennsylvania Public Utility Commission, Attn: Secretary, P.O. Box 3265, Harrisburg, PA 17105-3265.
4. The contact person for legal matters concerning this temporary rulemaking is John Herzog, Assistant Counsel, Law Bureau, (717) 783-3714. Alternate formats of this document are available to persons with disabilities and may be obtained by contacting Alyson Zerbe, Regulatory Coordinator, Law Bureau, (717) 772-4597.
ROSEMARY CHIAVETTA,
Secretary[Pa.B. Doc. No. 16-1485. Filed for public inspection August 26, 2016, 9:00 a.m.] _______
1 45 Pa.C.S. §§ 1101 et seq., 71 P.S. §§ 732-101 et seq., and 71 P.S. §§ 745.1 et seq., respectively.
