Pa. Cons. Stat. » 53 Pa. Cons. Stat. (MUNICIPALITIES) / Chapter 57

53 Pa. Cons. Stat. § 5701

 Definitions.

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CHAPTER 57

TAXICABS AND LIMOUSINES IN FIRST CLASS CITIES

 

Subchapter

A.  General Provisions

B.  Taxicabs

C.  Limousines

 

Enactment.  Chapter 57 was added December 30, 2002, P.L.2001, No.230.

Effective Date.  Section 25(1)(i) of Act 94 of 2004 provided that Chapter 57 shall take effect in 270 days or on the date of publication of the notice under section 24 of Act 94, whichever is earlier. The notice was published in the Pennsylvania Bulletin on March 12, 2005, 35 Pa.B. 1737.

Cross References.  Chapter 57 is referred to in section 57A08 of this title; sections 102, 6507 of Title 75 (Vehicles).

 

 

SUBCHAPTER A

GENERAL PROVISIONS

 

Sec.

5701.  Definitions.

5701.1. Legislative findings.

5702.  Advisory committee.

5703.  Rates.

5704.  Power of authority to require insurance.

5705.  Contested complaints.

5706.  Driver certification program.

5707.  Budget and assessments.

5707.1. Assessment notice and hearings.

5708.  Funds.

5709.  (Reserved).

5710.  Fees.

§ 5701.  Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Authority."  A parking authority in a city of the first class.

"Call or demand service" or "taxicab service."  Local common carrier service for passengers, rendered on either an exclusive or nonexclusive basis, where the service is characterized by the fact that passengers normally hire the vehicle and its driver either by telephone call or by hail, or both. The term does not include transportation network service as defined in section 57A01 (relating to definitions) or limousine service.

"Driver's certificate."  A certificate or permit to drive a taxicab or limousine issued pursuant to section 5706 (relating to driver certification program).

"First Class City Taxicab Regulatory Fund."  A fund formerly administered by the Pennsylvania Public Utility Commission under the former 66 Pa.C.S. Ch. 24 (relating to taxicabs in first class cities).

"Limousine service."

(1)  Except as provided in paragraph (2), a motor vehicle providing any of the following services:

(i)  Local, nonscheduled common carrier service for passengers on an exclusive basis for compensation.

(ii)  Common carrier service for passengers for compensation:

(A)  from any airport, railroad station or hotel located in whole or in part in a city of the first class; or

(B)  to any airport, railroad station or hotel located in whole or in part in a city of the first class from a point within the city of the first class.

(2)  The term does not include any of the following:

(i)  Taxicab service.

(ii)  Service that was otherwise exempt from the jurisdiction of the Pennsylvania Public Utilities Commission prior to the effective date of this subparagraph.

(iii)  Other paratransit service.

(iv)  Employee commuter van pooling.

(v)  A vehicle with a seating capacity of 16 or more persons, including the driver.

(vi)  Transportation network service as defined in section 57A01 (relating to definitions).

"Philadelphia Taxicab and Limousine Regulatory Fund" or "regulatory fund."  A special fund in the State Treasury established by section 5708 (relating to funds) for fulfilling the purposes of this chapter to regulate taxicabs and limousines in a city of the first class.

"Philadelphia Taxicab Medallion Fund" or "medallion fund."  A special fund in the State Treasury established by section 5708(a.1) (relating to funds) to which all moneys collected from the sale of medallions shall be deposited for the uses provided in this chapter.

"Taxicab."  A motor vehicle designed for carrying no more than eight passengers, exclusive of the driver, on a call or demand service basis and used for the transportation of persons for compensation either on:

(1)  a citywide basis as authorized by a certificate of public convenience and a corresponding medallion issued by the authority; or

(2)  a non-citywide basis as authorized by a certificate of public convenience issued by the authority and without a corresponding medallion.

The term includes a wheelchair-accessible taxicab.

"Wheelchair-accessible taxicab."  A taxicab authorized by the authority pursuant to this chapter:

(1)  to provide call or demand service;

(2)  that can accommodate at least one person in a wheelchair without the person having to transfer from the wheelchair to another seat; and

(3)  that meets requirements established pursuant to the Americans With Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 327) or requirements that are a functional equivalent and approved by the authority or both.

(July 16, 2004, P.L.758, No.94, eff. imd.; July 5, 2012, P.L.1022, No.119, eff. imd.; July 9, 2013, P.L.455, No.64, eff. imd.; Nov. 4, 2016, P.L.1222, No.164, eff. imd.)

 

2016 Amendment.  Act 164 amended the defs. of "call or demand service" or "taxicab service" and "limousine service."

2013 Amendment.  Act 64 amended the def. of "Philadelphia Taxicab and Limousine Regulatory Fund" or "fund" and added the def. of "Philadelphia Taxicab Medallion Fund" or "medallion fund."

2012 Amendment.  Act 119 amended the defs. of "limousine service" and "taxicab" and added the defs. of "call or demand service" or "taxicab service" and "wheelchair-accessible taxicab."

2004 Amendment.  Act 94 reenacted and amended section 5701.

2004 Unconstitutionality.  Act 230 of 2002 was declared unconstitutional. City of Philadelphia v. Commonwealth, 838 A.2d 566 (Pa. 2003).

References in Text.  Chapter 24 of Title 66, referred to in the def. of "first class city taxicab regulatory fund," was repealed by the act of July 16, 2004 (P.L.758, No.94). The subject matter is now contained in this chapter.

Cross References.  Section 5701 is referred to in section 57A01 of this title; section 102 of Title 66 (Public Utilities).

Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 2010–2021 · leading case: Bucks Cnty. Servs., Inc. v. Phila. Parking Auth.
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Bucks Cnty. Servs., Inc. v. Phila. Parking Auth. (2018) pa · cites it 5× “In 2004, the General Assembly passed Act 94, 1 which repealed the Medallion Act, and substantially reenacted Chapter 57 of the Parking Authorities Law, 53 Pa.C.S. §§ 5701 - 5745. Act 94 transferred jurisdiction over and regulation of medallion taxicab service within the City…”
Germantown Cab Co. v. Phila. Parking Auth. (2019) pa · cites it 3× “94 ; 53 Pa.C.S. §§ 5701 -45; see generally Germantown Cab Co.”
Germantown Cab Co. v. Philadelphia Parking Authority (2010) pacommwct · cites it 5× “See Sections 24 and 25 of Act 2004-94, 53 Pa.C.S. § 5701 (historical and statutory notes).”
Rosemont Taxicab Co. v. Phila. Parking Auth. (2018) paed “) In Act 94 of 2004, 53 Pa. Cons. Stat. §§ 5701 - 5725 ("Act 94"), the Pennsylvania General Assembly transferred the regulatory responsibility over taxicab and limousine operations within Philadelphia from the PUC to the PPA.”
Germantown Cab Co. v. Philadelphia Parking Authority (2017) pacommwct · cites it 2× “Although Appellants were authorized to operate in designated areas in the City, they were not subject to the provisions of the Medallion Act because they are not medallion taxicabs — ie.”
Bucks County Services, Inc. v. Philadelphia Parking Authority (2013) pacommwct “See Historical and Statutory Notes to Section 5701, 53 Pa.C.S. § 5701. This section further directed the parties to submit any agreement to the Legislature and, if the Legislature does not reject the same, to publish the agreement in the Pennsylvania Bulletin.”
Germantown Cab Co. v. Philadelphia Parking Authority (2012) pa “See 53 Pa.C.S. § 5701 (Historical and Statutory Notes) (quoting Act 94, § 22).”
Z&R Cab, LLC, Zoro, Inc., R. Blount and D. Bell v. PPA (2018) pacommwct “In 2004, however, the General Assembly transferred some regulatory responsibility to the Authority in Chapter 57 of the Parking Authority Law, 53 Pa. C.S. §§ 5701 - 5745. Id. The Authority derived its operating revenue from fees and assessments charged to regulated taxicab and…”
Bucks County Services, Inc. v. Philadelphia Parking Authority (2014) pacommwct “53 Pa.C.S. § 5701. Although Companies do not have a certificate of public convenience issued by the Authority to provide service on a non-citywide basis, by virtue of the transfer language in Act 94, discussed above, they operate in the City as if they had such a certificate by…”
Germantown Cab Co. v. Public Utility Commission (2014) pacommwct “Section 1 of Act 119 amended the definition of “Taxicab” in 53 Pa.C.S. § 5701 to include motor vehicles carrying no more than eight people on a call or demand service basis to transport people for compensation either on “a citywide basis as authorized by a [CPC] and a…”
Checker Cab Phila. v. Phila. Parking Auth. (2018) paed · cites it 10× “See 53 Pa. C.S. §§ 5701 - 5745 (these statutes are commonly referred to as Act 94); *715 Bucks County Servs, Inc.”
Germantown Cab Co. v. PPA (2017) pacommwct · cites it 2× “53 Pa. C.S. § 5701; see also Bucks Cnty. Servs.”
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