Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Providers. Except as
provided in subsection (d), only the following individuals may provide
limousine service:
(1) The owner, if the
owner is a limousine driver.
(2) An
employee of the certificate holder who is a limousine driver.
(3) A limousine driver who leases the
limousine directly from the certificate holder.
(b)
Supervision. A
certificate holder shall continually supervise its limousine to make certain
that only those limousine drivers authorized by this section provide limousine
service. A limousine certificate holder is required to ensure that a person
holds a valid limousine driver's certificate issued by the Authority before
permitting the person to drive a limousine.
(c)
Criminal history and driver
history reports.
(1) A limousine
certificate holder is required to conduct or have a third party conduct annual
criminal history and driver history checks for all limousine drivers operating
a limousine vehicle under the certificate holder.
(i) The criminal history report shall be
conducted on a local and National background check, which must include a
multistate or multijurisdictional criminal records locator or other similar
commercial Nationwide database with primary source validation and a review of
the United States Department of Justice's National Sex Offender Public
Website.
(ii) The driver history
report shall be obtained from the Department of Transportation or similarly
authorized government entity in another jurisdiction of the United States
containing details about a driver's history including accidents and violations
issued by a jurisdiction within the United States.
(2) A limousine certificate holder shall
review the criminal history and driver history reports before a limousine
driver operates a limousine vehicle, and on an annual basis thereafter, to
ensure the driver has not been subject to a conviction as defined under §
§
1001.10 and
1057.4 (relating to definitions;
and ineligible persons for limousine driver certificate), holds a current valid
driver's license, and has not been subject to three moving violations or a
major violation as defined under §
1051.2 (relating to
definitions).
(3) A limousine
driver whose criminal history or driver history renders the driver ineligible
to operate a limousine vehicle under §
1051.5 (relating to ineligibility
due to conviction or arrest) or §
1057.4 shall be immediately
disqualified by the limousine certificate holder and the disqualification shall
be reported to the Director within 48 hours.
(4) Records required to be maintained by a
limousine certificate holder under this subsection are subject to audits by the
Authority under §
1051.10(d)
(relating to record retention).
(d)
Funeral homes. This
section does not apply to an individual hired by a funeral home to drive a
limousine for funeral related services. The funeral service drivers may not be
in violation of §
1051.5, shall submit to a criminal
background check by the TLD and evidence possession of a valid State-issued
driver's license.
(e)
Personal vehicle use prohibited. A vehicle registered as a
limousine within this Commonwealth may not be operated as a personal vehicle by
a driver affiliated with a TNC under Chapter 57A of the act (relating to
transportation network companies).
The provisions of this §1051.8 temporarily amended
under 53 Pa.C.S. § 57B 02.
This section cited in 52 Pa. Code §
1051.10 (relating to record
retention).
