(1) Consistent with 75 Pa. C.S. § 8517, no authorized entity may operate a PDD on the Right-of-Way unless such authorized entity has provided notice to the Commissioner of the authorized entity's intent to operate the PDD in Philadelphia at least thirty (30) days prior to the date on which the authorized entity intends to begin such operations. Such notice shall specify, at a minimum:
(a) The areas of Philadelphia the authorized entity intends to operate the PDD.
(b) Sufficient information concerning the PDD and the areas of Philadelphia that the authorized entity intends to operate the PDD for the Department to evaluate whether the operation of the PDD constitutes a hazard, including information relevant to the Department's determination.
(2) The Department is authorized to prohibit the operation of a PDD in any part of the Right-of-Way where the Department determines that the operation of such PDD constitutes or would constitute a hazard after consultation with the appropriate authorized entity or entities.
(3) In making a determination under subsection (2), the Department shall consider the following factors, as applicable:
(a) Whether any condition of or on the Right-of-Way has or reasonably has the potential to cause injury to persons or property when used by a PDD.
(b) Whether any characteristics of the PDD reasonably has the potential to cause injury to persons or property when used on the Right-of-Way, including but not limited to: the PDD's equipment, operation, safety features, maintenance, crash-worthiness, weather-related precautions, or cargo, or the authorized entity's fleet size.
(c) Such other similar factors as the Department determines are appropriate to evaluate whether operation of PDD generally, or a particular PDD, would constitute a hazard in a particular area of the Right-of-Way.
(4) The Commissioner shall provide notice to all authorized entities affected by a determination made by the Department under subsection (2).
(5) The Department is authorized to promulgate regulations to interpret and implement this Chapter 12-3500.