5703 - Rates.

     § 5703.  Rates.        (a)  Rates to be just and reasonable.--Every rate made for     authority-certified taxicab, limousine or medallion taxicab     service shall be just and reasonable and in conformity with     regulations or orders of the authority.        (b)  Tariffs.--Under regulations as the authority may     prescribe, every taxicab or limousine service shall file with     the authority, within the time and in the form as the authority     may designate, tariffs showing all rates established by it and     collected or enforced or to be collected or enforced within     cities of the first class. Every taxicab or limousine service     shall keep copies of tariffs open to public inspection under     rules and regulations as the authority may prescribe. Upon     request, the taxicab or limousine service shall make available     at least one copy of any rate filing at a convenient location     and for a reasonable length of time within a city of the first     class for inspection and study by customers.        (c)  Adherence to tariffs.--No taxicab or limousine service     shall, directly or indirectly, by any device whatsoever or in     any way, demand or receive from any person, corporation or     municipal corporation a greater or lesser rate for any service     rendered or to be rendered by the taxicab or limousine service     than that specified in the tariffs of the taxicab or limousine     service.        (d)  Discrimination in rates.--No taxicab or limousine     service shall make or grant any unreasonable preference or     advantage to any person, corporation or municipal corporation or     subject any person, corporation or municipal corporation to any     unreasonable prejudice or disadvantage concerning its rate. No     taxicab or limousine service shall establish or maintain any     unreasonable difference as to rates. This subsection shall not     prohibit the establishment of reasonable zone or group systems     or classifications of rates.        (e)  Voluntary changes in rates.--            (1)  Unless the authority otherwise orders, no taxicab or        limousine service shall make any change in any existing and        duly established rate except after 60 days' notice to the        authority which shall plainly state the changes proposed to        be made in the rates then in force and the time when the        changed rates will go into effect. The taxicab or limousine        service shall also give notice of the proposed changes to        other interested persons as the authority, in its discretion,        may direct. The notices regarding the proposed changes which        are provided shall be in plain, understandable language as        the authority prescribes. All proposed changes shall be shown        by filing new tariffs or supplements to existing tariffs        filed and in force at the time. The authority, for good cause        shown, may allow changes in rates without requiring the 60        days' notice under conditions as it may prescribe.            (2)  Whenever there is filed with the authority by any        taxicab or limousine service any tariff stating a new rate,        the authority may, either upon complaint or upon its own        motion and upon reasonable notice, conduct a hearing        concerning the lawfulness of the rate. Pending the hearing        and its outcome, the authority, upon filing the tariff and        delivering to the taxicab or limousine service affected a        statement in writing of its reasons may, at any time before        it becomes effective, suspend the operation of the rate for a        period not longer than nine months from the time it would        otherwise become effective. The rate in force when the tariff        stating the new rate was filed shall continue in force during        the period of suspension unless the authority shall establish        a temporary rate. The authority shall consider the effect of        the suspension in finally determining and prescribing the        rates to be charged and collected by the taxicab or limousine        service.            (3)  If, after the hearing conducted pursuant to        paragraph (2), the authority finds any rate to be unjust or        unreasonable or in any way in violation of law, it shall        determine the just and reasonable rate to be charged or        applied by the taxicab or limousine service for the service        in question and shall fix the rate by order to be served upon        the taxicab or limousine service. The rate shall then be        observed until changed.        (f)  Temporary rates.--The authority may, in any proceeding     involving the rates of a taxicab or limousine service, after     reasonable notice and hearing and, if the public interest     requires, immediately fix, determine and prescribe temporary     rates to be charged by a taxicab or limousine service, pending     the final determination of the rate proceeding.        (g)  Fair return.--In fixing any rate of a taxicab or     limousine service engaged exclusively as a common carrier by     motor vehicle, the authority may fix the fair return by relating     the fair and reasonable operating expenses, depreciation, taxes     and other costs of furnishing service to operating revenues.        (h)  Refunds.--If, in any proceeding involving rates, the     authority determines that any rate received by a taxicab or     limousine service was unjust or unreasonable or was in violation     of any regulation or order of the authority or was in excess of     the applicable rate contained in an existing and effective     tariff of the taxicab or limousine service, the authority shall     have the power to make an order requiring the public utility to     refund the amount of any excess paid by any patron.     (July 16, 2004, P.L.758, No.94, eff. imd.)        2004 Amendment.  Act 94 reenacted and amended section 5703.