5714 - Certificate and medallion required.

     § 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.