Section 41.12. Issuance of certificates of public convenience for taxicab service in Philadelphia—statement of policy

(a) The act authorizes the Commission to regulate call or demand common carrier service in this Commonwealth. This authority was recently supplemented by the section 1 of the act of June 19, 1980 (P. L. 244, No. 69) which amended 66 Pa.C.S. § 1103 (relating to procedure to obtain certificates of public convenience). Act 1980-69 authorized the Commission to immediately issue a maximum of 1400 certificates of public convenience for taxicab service in the City of Philadelphia. The act further authorized the Commission, as of December 19, 1981, to issue in its discretion a maximum of 1700 certificates for taxicab service in Philadelphia.

(b) As a result of the Commission’s prior finding of necessity for additional taxicab service in Philadelphia in the proceeding at I. D. 171 and the initial authorization of Act 1980-69, 1400 certificates of public convenience for taxicab service in Philadelphia have been issued. Anticipating Act 1980-69’s additional authorization to issue up to 1700 certificates, final orders have been entered issuing a number of these certificates. Moreover, hearings have been scheduled or held on a number of applications requesting taxicab authority in Philadelphia. Consistent with the Commission’s practice with applications for taxicab authority in Philadelphia, these applications have been considered in chronological order on the basis of filing date. As of February 6, 1982, the Commission will suspend the scheduling of hearings on applications for taxicab authority in Philadelphia. Applications in which hearings have been scheduled or in which hearings have already been held will proceed to a final disposition. The Commission believes that a suspension is appropriate in view of the number of certificates of public convenience for taxicab service in Philadelphia which the Commission has issued in the recent past.

(c) The act provides the Commission with the discretion to determine the amount of competition which best serves the public interest. Besides issuing a significant number of new certificates in the last year, the Commission has also approved the transfer of several hundred previously unused certificates held by the Yellow Cab Company to new owners who are bound to operate them in compliance with the act and this title. The result of these activities has been a virtual doubling of the number of issued certificates for taxicab service in Philadelphia in the past 18 months. At this point, the Commission deems it appropriate, as detailed in subsection (b) to suspend the issuance of additional certificates and to investigate anew the adequacy of taxicab service in the city of Philadelphia.

(d) Act 1980-69 requires the Commission to institute a formal investigation on the future need for taxi service in Philadelphia in June of 1982 and to report the findings and conclusions of such investigation to the General Assembly. In view of the rapidly increasing number of vehicles in taxicab service in Philadelphia, the Commission deems it appropriate to begin this investigation earlier and to use the results to guide its discretion in increasing the number of certificates for taxi service in the City. The Commission anticipates beginning this investigation in April of 1982. The investigation will be formally announced in the Pennsylvania Bulletin.

(e) Act 1980-69 ultimately vests the Commission with the discretion to issue a maximum of 2,000 certificates for taxi service in Philadelphia on December 19, 1982. Our discretion to reach this maximum will be guided by the results of the investigation into the adequacy of taxi service in Philadelphia. At the present time, the Commission has received approximately 520 applications for certificates of public convenience to provide taxicab service in the city of Philadelphia. These applications will be considered in chronological order on the basis of filing date. Any additional applications for this authority subsequently filed will be considered in a similar fashion. Should the Commission revoke any certificates for taxicab service in Philadelphia as a result of the holder’s failure to comply with the act and this title, those certificates will be reissued so as to maintain the number of certificates at the level chosen by the Commission.

The provisions of this § 41.12 adopted February 5, 1982, effective February 6, 1982, 12 Pa.B. 524.

Notation

Authority

The provisions of this § 41.12 issued under the Public Utility Code, 66 Pa.C.S. § 1103.