Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Records to be maintained. All of the following records shall
be maintained in the English language for 2 years from the date of origin:
(1)
Limousine certificate
holders.
(i) All Philadelphia
limousine service trip logs, which may be maintained on digital or other
electronic devices as approved by the Authority upon detailed written request
by the certificate holder.
(ii) A
list of limousine drivers and dates employed.
(iii) Each lease agreement for a
limousine.
(iv) Records of payment
by a driver under each lease agreement for a limousine.
(v) Records related to accidents involving
vehicles used as limousines, including repair records.
(2)
Brokers. Brokers shall
retain all documents submitted to the Authority for review of each proposed
sale of rights, including closing documents.
(b)
Order. Paper or
electronic records, or both, shall be maintained in chronological order by date
and time of day.
(c)
Review
by Authority. A regulated party shall produce records maintained under
subsection (a) to the Authority upon written request or upon inspection as
provided in §
1051.7 (relating to facility
inspections). If the records require a special form of software to search or
interpret, a regulated party shall make that software available to the
Authority.
(d)
Audit of
driver records.
(1)
Maintenance period. Limousine certificate holders shall
maintain records in the English language for 2 years from the date of origin
concerning limousine drivers under §
1051.8(b)
(relating to limousine service limitations).
(2)
Compliance audit. The
Authority may conduct a compliance audit of the records required to be
maintained by a limousine certificate holder under §
1051.8(b) to
verify that the certificate holder has complied with the limousine driver
screening requirements and to confirm that the certificate holder's limousine
drivers are eligible to provide limousine service under this part.
(3)
Audit designation. Upon
the random selection of a limousine vehicle being called for a compliance
inspection under §
1055.11 (relating to scheduled
compliance inspections), the limousine certificate holder will be notified by
the Manager of Administration that it has also been designated for an audit
under this section.
(i) Within 5 business days
of receiving an audit designation, the limousine certificate holder shall make
available for visual inspection to the Authority the records required to be
maintained under §
1051.8(b) for
each limousine driver that has provided limousine service in the immediately
preceding 1 year using the limousine vehicle that was called for a compliance
inspection.
(ii) The records shall
be produced in person to the Manager of Administration or by email to
TLDAdmin@philapark.org.
(iii) If an
audit reveals that the limousine certificate holder authorized a limousine
driver to provide limousine service when the criminal history report or driver
history report revealed that the limousine driver was ineligible under this
part or the certificate holder did not conduct the annual records required
under §
1051.8(b), the
Authority may impose a penalty against the limousine certificate holder and
limousine driver under §
1001.61 (relating to penalties)
and may subject the rights to an out of service designation under §
1003.32 (relating to out of
service designation).
(iv) The
limousine certificate holder shall immediately remove a noncompliant limousine
driver identified as provided in subparagraph (iii) from limousine service upon
the Authority's direction.
(v) The
Authority may alert other limousine certificate holders of the ineligibility of
the noncompliant limousine driver to protect the public good.
(4)
Remedial
audits.
(i) In the event that an
audit discrepancy is identified as specified in paragraph (3)(iii), the
Authority may direct a limousine certificate holder to submit a follow-up
report detailing its efforts to ensure compliance with §
1051.8(b).
(ii) In the event that
that an egregious audit discrepancy is identified, multiple audit discrepancies
are identified or the Authority makes a determination that a limousine
certificate holder has failed to reasonably cooperate in the driver information
audit process, the Authority may direct a limousine certificate holder to
participate in remedial audits.
(iii) A determination under this section is
subject to §
1005.24 (relating to appeals from
actions of the staff).
(iv) A
remedial audit shall proceed as provided in subparagraph (3) and may subject a
review of all limousine drivers providing service in any limousine vehicle
owned by the certificate holder during the immediately preceding year
regardless of whether the associated limousine vehicle was called for a
compliance inspection.
(v) The
Authority may direct one remedial audit at any time each month for a 4-month
period following discovery of a violation under this
section.
(e)
Enforcement investigations. This section may not be construed
to limit the power of the Authority to conduct enforcement investigations
related to this part or the obligation of certificate holders and limousine
drivers to cooperate with the investigations and produce information demanded
as required under this part.
The provisions of this §1051.10 temporarily amended
under 53 Pa.C.S. § 57B 02.
This section cited in 52 Pa. Code §
1051.8 (relating to limousine
service limitations); and 52 Pa. Code §
1057.16 (relating to trip sheet
requirements).
