Capital Taxi, LLC v. The Philadelphia Parking Authority

IN THE COMMONWEALTH COURT OF PENNSYLVANIA Capital Taxi, LLC, : Appellant : : v. : No. 2234 C.D. 2015 : Submitted: October 20, 2016 The Philadelphia Parking Authority : BEFORE: HONORABLE MARY HANNAH LEAVITT, President Judge HONORABLE P. KEVIN BROBSON, Judge HONORABLE DAN PELLEGRINI, Senior Judge OPINION NOT REPORTED MEMORANDUM OPINION BY SENIOR JUDGE PELLEGRINI FILED: November 14, 2016 Capital Taxi, LLC (Capital) appeals an order of the Court of Common Pleas of Philadelphia County (trial court) affirming the Philadelphia Parking Authority Taxicab and Limousine Division’s (Hearing Officer’s) order sustaining the Philadelphia Parking Authority’s (Authority) issuance of owner citation T- 17257 (Citation), “incomplete communication system,” in violation of 52 Pa. Code § 1017.24 and imposing a penalty of $350.00 against Capital. We affirm. While this case involves a different citation and different owner, the underlying facts are the same and the issues are identical to those we resolved in Seedjam, Inc. v. Philadelphia Parking Authority (Pa. Cmwlth., No. 2233 C.D. 2015, filed November 14, 2016), where we held that the General Assembly was constitutionally permitted to provide the Authority with limited discretion to implement fines for violations of its regulations and 52 Pa. Code § 1017.24 requires a medallion taxicab to include a functioning GPS attached to its meter system. For the same reasons set forth in that opinion, we affirm. ____________________________________ DAN PELLEGRINI, Senior Judge 2 IN THE COMMONWEALTH COURT OF PENNSYLVANIA Capital Taxi, LLC, : Appellant : : v. : No. 2234 C.D. 2015 : The Philadelphia Parking Authority : ORDER AND NOW, this 14th day of November, 2016, it is hereby ordered that the Court of Common Pleas of Philadelphia County’s order dated October 2, 2015, is affirmed. ____________________________________ DAN PELLEGRINI, Senior Judge