Section 19-501
§ 19-501 Legislative findings. It is hereby declared and found that
the business of transporting passengers for hire by motor vehicle in the
city of New York is affected with a public interest, is a vital and
integral part of the transportation system of the city, and must
therefore be supervised, regulated and controlled by the city.
Section 19-502
§ 19-502 Definitions. For the purpose of this chapter:
a. "Coach" means a motor vehicle carrying passengers for hire in the
city, designed to comfortably seat not more than seven passengers,
operating from coach hack stands designated by the commission, and duly
licensed as a coach by the commission.
b. "Commission" means the New York city taxi and limousine commission.
c. "Driver" means a person licensed hereunder to drive a licensed
vehicle in the city.
d. "Driver's license" means a license for a driver issued by the
commission.
e. "Vehicle license" means taxicab license, coach license, wheelchair
accessible van license or for-hire vehicle license issued by the
commission.
f. "Licensed vehicle" means a taxicab, coach, wheelchair accessible
van or for-hire vehicle licensed by the commission.
g. "For-hire vehicle" means a motor vehicle carrying passengers for
hire in the city, with a seating capacity of twenty passengers or less,
not including the driver, other than a taxicab, coach, wheelchair
accessible van, commuter van or an authorized bus operating pursuant to
applicable provisions of law. For the purpose of this subdivision,
"seating capacity" shall include any plain view location which is
capable of accommodating a normal adult is part of an overall seat
configuration and design and is likely to be used as a seating position
while the vehicle is in motion.
h. "Medallion" means the metal plate issued by the commission for
displaying the license number of a licensed taxicab on the outside of
the vehicle.
i. Except as is otherwise provided in subdivision f of section 19-506
"owner" means any person, firm, partnership, corporation or association
owning and operating a licensed vehicle or vehicles and shall include a
purchaser under a reserve title contract, conditional sales agreement or
vendors lien agreement, and a lessee of any such vehicle or vehicles
under a written lease or similar contract approved by the commission.
Provided, however, that with respect to a commuter van, "owner" means a
person, other than a lien holder, having the property in or title to a
vehicle. The term includes a person entitled to the use and possession
of a vehicle subject to a security interest in another person and also
includes any lessee or bailee of a vehicle having the exclusive use
thereof, under a lease or otherwise, for a period greater than thirty
days. If a vehicle is sold under a contract of sale which reserves a
security interest in the vehicle in favor of the vendor, such vendor or
his assignee shall not, after delivery of such vehicle, be deemed to be
an owner within the provisions of this subdivision, but the vendee, or
his or her assignee, receiving possession thereof, shall be deemed an
owner notwithstanding the terms of such contract, until the vendor or
his or her assignee shall retake possession of such vehicle. A secured
party in whose favor there is a security interest in any vehicle out of
his or her possession shall not be deemed to be an owner within the
provisions of this subdivision.
j. "Rate card" means a card, issued by the commission for each
vehicle, which displays the vehicle license number, rates of fare, and
such other data as the commission may prescribe.
k. "Taximeter" means an instrument or device approved by the
commission by which the charge to a passenger for hire of a licensed
vehicle is automatically calculated and on which such charge is plainly
indicated.
l. "Taxi", "taxicab" or "cab" means motor vehicle carrying passengers
for hire in the city, designed to carry a maximum of five passengers,
duly licensed as a taxi cab by the commission and permitted to accept
hails from passengers in the street.
m. "Wheelchair accessible van" means any motor vehicle equipped with a
hydraulic lift or ramps designed for the purpose of transporting persons
in wheelchairs or containing any other physical device or alteration
designed to permit access to and enable the transportation of physically
handicapped persons.
n. "Handicapped transportation service" means one or more motor
vehicles for hire or operated by a non-profit organization for carrying
passengers for hire in the city by means of a wheelchair accessible van
or vans and not permitted to accept hails from prospective passengers in
the street.
o. "Central business district of the borough of Manhattan" means that
area of the borough of Manhattan lying south of, and including,
ninety-sixth street.
p. "Commuter van" means a commuter van service having a seating
capacity of at least nine passengers but not more than twenty passengers
or such greater capacity as the commission may establish by rule and
carrying passengers for hire in the city duly licensed as a commuter van
by the commission and not permitted to accept hails from prospective
passengers in the street. For purposes of the provisions of this chapter
relating to prohibitions against the operation of an unauthorized
commuter van service or an unlicensed commuter van and to the
enforcement of such prohibitions and to the imposition of penalties for
violations of such prohibitions, the term shall also include any common
carrier of passengers by motor vehicle not subject to licensure as a
taxicab, for-hire vehicle, or wheelchair accessible van or not operating
as an authorized bus line pursuant to applicable provisions of law. The
commission shall submit to the council the text of any proposed rule
relating to the maximum capacity of commuter vans at the time such
proposed rule is published in the City Record.
q. "Commuter van service" means a subclassification of common carriers
of passengers by motor vehicles as such term is defined in subdivision
seven of section two of the transportation law, that provides a
transportation service through the use of one or more commuter vans on a
prearranged regular daily basis, over non-specified or irregular routes,
between a zone in a residential neighborhood and a location which shall
be a work related central location, a mass transit or mass
transportation facility, a shopping center, recreational facility or
airport. A "commuter van service" shall not include any person who
exclusively provides: (1) any one or more of the forms of transportation
that are specifically exempted from article seven of the transportation
law; or (2) any one or more of the forms of transportation regulated
under this chapter other than transportation by commuter vans.
r. "Security interest" means an interest in a vehicle reserved or
created by an agreement and which secures payment or performance of an
obligation. The term includes the interest of a lessor under a lease
intented as security. A security interest is perfected when it is valid
against third parties generally, subject only to specific statutory
exceptions.
* s. "Agent" means an individual, partnership or corporation that
acts, by employment, contract or otherwise, on behalf of one or more
owners to operate or provide for the operation of a taxicab in
accordance with the requirements of this chapter and any rule
promulgated by the commission. The term "agent" shall not include an
attorney or representative who appears on behalf of one or more owners
before the commission or an administrative tribunal, and taxicab drivers
licensed pursuant to this chapter when acting in that capacity.
* NB There are 2 sb s's
* s. "Affiliated vehicle" means a for-hire vehicle other than a black
car or a luxury limousine which a base station is authorized by the
commission to dispatch.
* NB There are 2 sb s's
t. "Base station" means a central facility which manages, organizes or
dispatches affiliated vehicles licensed under this chapter, not
including luxury limousines or black cars.
u. "Black car" means a for-hire vehicle dispatched from a central
facility whose owner holds a franchise from the corporation or other
business entity which operates such central facility, or who is a member
of a cooperative that operates such central facility, where such central
facility has certified to the satisfaction of the commission that more
than ninety percent of the central facility's for-hire business is on a
payment basis other than direct cash payment by a passenger.
v. "Luxury limousine" means a for-hire vehicle which is dispatched
from a central facility which has certified to the satisfaction of the
commission that more than ninety percent of its for-hire business is on
a payment basis other than direct cash payment by a passenger, for which
there is maintained personal injury insurance coverage of no less than
five hundred thousand dollars per accident where one person is injured
and one million dollars per accident for all persons injured in that
same accident, whose passengers are charged on the basis of garage to
garage service and on a flat rate basis or per unit of time or mileage.
w. "Wheelchair accessible vehicle" shall mean a for-hire vehicle which
is designed for the purpose of transporting persons in wheelchairs or
containing any physical device or alteration designed to permit access
to and enable the transportation of persons in wheelchairs.
x. "HAIL vehicle" means a for-hire vehicle or wheelchair accessible
van whose owner holds a license issued by the commission authorizing
such vehicle to accept hails from passengers on the street in specified
geographical areas of the city.
y. "Facilitate sex trafficking with a vehicle" shall mean (1)
committing any of the following crimes set forth in the penal law, as
evidenced by conviction of such crime: promoting prostitution in the
third degree; promoting prostitution in the second degree; promoting
prostitution in the first degree; sex trafficking; or compelling
prostitution and (2) using a vehicle licensed by the commission to
commit such crime.
Section 19-503
§ 19-503 Rules and regulations. a. The commission shall promulgate
such rules and regulations as are necessary to exercise the authority
conferred upon it by the charter and to implement the provisions of this
chapter.
b. No rule or regulation promulgated subsequent to the effective date
of this local law may be inconsistent with or supersede any provision of
this local law and any rule or regulation in effect on the effective
date of this local law that is inconsistent with any provision of this
local law shall be of no further force and effect.
Section 19-503.1
§ 19-503.1 For-hire vehicles; special regulations. a. The commission
shall have the authority to promulgate rules and regulations which
classify for-hire vehicles according to the nature of the service or
services provided and the type of vehicle used, adopt regulations
appropriate for each such classification setting forth standards for
operation, including but not limited to standards of service, insurance
and safety, and promulgate rules imposing reasonable fines, suspension
or revocation upon the holder of a license issued pursuant to section
19-511 where such holder has violated any of the provisions of this
chapter or a rule of the commission.
b. For the purposes of this chapter, a for-hire vehicle shall not
include a motor vehicle carrying fewer than nine passengers which is
operated solely for the purpose of carrying passengers from a specific
location to a funeral parlour or cemetery and the return of said
passengers to a specific location.
Section 19-504
§ 19-504 General provisions for licensing of vehicles. a. (1) A
taxi-cab, coach, wheelchair accessible van, commuter van or for-hire
vehicle shall operate within the city of New York only if the owner
shall first have obtained from the commission a taxicab, coach,
wheelchair accessible van, commuter van or for-hire vehicle license for
such vehicle and only while such license is in full force and effect.
Vehicle licenses shall be issued for a term of not less than one nor
more than two years and shall expire on the date set forth on the
license unless sooner suspended or revoked by the commission. No motor
vehicle other than a duly licensed taxicab shall be permitted to accept
hails from passengers in the street. No commuter van shall be operated
within the city of New York unless it is operated as part of a current,
valid authorization to operate a commuter van service duly issued by the
commission pursuant to section 19-504.2 of this chapter.
(2) No commuter van license shall be issued unless the following
conditions are satisfied:
(i) such commuter van is to be operated as part of a current, valid
authorization to operate a commuter van service issued pursuant to
section 19-504.2 of this chapter;
(ii) the commission determines that the applicant is fit, willing and
able to operate a commuter van;
(iii) the applicant is in compliance with the provisions of section
19-504.3 of this chapter, and the applicant has not engaged in any
conduct that would be a basis for suspension or revocation of such
license pursuant to rules promulgated by the commission; and
(iv) the applicant has satisfied such other criteria as the commission
deems to be in the interest of the safety and convenience of the public
and necessary to effectuate the purposes of this chapter.
b. The license fee for each taxi-cab and coach shall be five hundred
fifty dollars annually. The license fee for each wheelchair accessible
van and each for-hire vehicle shall be two hundred seventy-five dollars
annually. If a license is granted for a period other than one year, the
fee shall be prorated accordingly. There shall be an additional fee of
twenty-five dollars for late filing of a wheelchair accessible van or
for-hire vehicle license renewal application where such filing is
permitted by the commission.
c. In the event of the loss, mutilation or destruction of any
medallion or vehicle license issued hereunder, the owner may file such
statement and proof of the facts as the commission may require, with a
fee of twenty-five dollars, at the office of the commission and the
commission shall issue a duplicate or substitute medallion or license.
d. Applications for vehicle licenses shall be filed with the
commission upon forms which shall be provided by the commission. The
date and time of the receipt of each application shall be noted by the
commission.
e. Any owner operating a vehicle under a license issued by the
commission, or by the New York city police department prior to the
effective date of this chapter, shall be entitled to renew such license
as a matter of right upon compliance with all the other provisions of
this section and sections 11-808 and 11-809.2 of the code relating to
the licensee's vehicle.
f. All taxicabs now or hereafter licensed pursuant to the provisions
of this chapter shall be inspected at an inspection facility operated by
the commission at least once every four months, in accordance with a
procedure to be established by the commission. All other vehicles now or
hereafter licensed pursuant to the provisions of this chapter other than
commuter vans shall be inspected at official inspection stations
licensed by the commissioner of motor vehicles pursuant to section three
hundred three of the vehicle and traffic law at least once every four
months in accordance with the regulations of the commissioner of motor
vehicles, codified in part seventy-nine of title fifteen of the official
compilation of codes, rules and regulations of the state of New York (15
N.Y.C.R.R. part 79). All commuter vans now or hereafter licensed
pursuant to the provisions of this chapter shall be inspected and shall
meet safety standards as provided in paragraph two of subdivision a of
section 19-504.3 of this chapter. If any taxicab fails to pass its
inspection for any reason relating to the requirements established by
the New York state department of motor vehicles, it shall be
reinspected. The fee payable to the commission for each inspection and
each reinspection required for the issuance of a certificate of
inspection for a taxicab, inclusive of the issuance of such certificate,
shall not exceed ninety dollars for the first inspection and fifty
dollars for each reinspection. The fees payable to the official
inspection station for the inspection and the issuance of a certificate
of inspection for all other licensed vehicles other than commuter vans
shall be the fees charged and collected pursuant to section three
hundred five of the vehicle and traffic law. The commission or any other
agency authorized by law may conduct on-street inspections of vehicles
licensed pursuant to the provisions of this chapter. The date of the
inspection of a taxicab and the signature of the persons making the
inspection shall be recorded upon the rate card in the space provided
therefor. An owner shall be ordered by the commission to repair or
replace his or her licensed vehicle where it appears that it no longer
meets the reasonable standards for safe operation prescribed by the
commission. Upon failure of such owner to have his or her vehicle
inspected or to comply with any such order within ten days after service
thereof, the license shall be suspended; upon failure of such owner to
comply with any such order within one hundred twenty days after service
thereof, the license may, at the discretion of the commission, be deemed
to have been abandoned by nonuser.
g. The commission shall revoke any license for nonuse in the event it
shall determine that the vehicle has not been operated for sixty
consecutive days, provided that such failure to operate shall not have
been caused by strike, riot, war or other public catastrophe or other
act beyond the control of the owner; or in the event the owner has sold
his or her vehicle and has failed to replace the vehicle within one
hundred and twenty days from the date of sale. However, in the event
that it is shown to the commission by competent proof that an
owner-driver has been disabled through illness, his or her license shall
not be revoked because of such nonuse as provided in this subdivision.
h. A medallion or license may be transferred from one vehicle to
another, subject to the approval of the commission and upon payment of
such fee as the commission shall require, but not to exceed fifty
dollars. A vehicle licensee may change the base communications system
with which it is affiliated, subject to the approval of the commission
and upon payment of such fee as the commission shall require, but not to
exceed fifty dollars.
i. The ratio of the number of taxicab licenses, as determined by the
total number of taxicab licenses held by owners of more than one taxicab
license and the total number of taxicab licenses held by the owners of
one taxicab license, shall remain the same as it exists at the time of
the enactment of this section unless or until changed by local law.
j. The commission shall replace the medallion for every taxicab
license which is renewed pursuant to this section once every two years,
or more frequently at the discretion of the commission. The commission
may charge a fee not to exceed ten dollars for each replacement
medallion.
k. The commission may charge a fee not to exceed twenty-five dollars
per vehicle for the replacement of license plates issued by the New York
state department of motor vehicles.
l. Prior to the issuance of a commuter van license, the applicant
shall be fingerprinted for the purpose of securing criminal history
records from the state division of criminal justice services. The
applicant shall pay any processing fee required by the state division of
criminal justice services. Fingerprints shall be taken of the individual
owner if the applicant is a sole proprietorship; the general partners if
the applicant is a partnership; the officers, principals, and
stockholders owning more than ten percent of the outstanding stock of
the corporation if the applicant is a corporation.
m. The commission shall approve or disapprove an application for a
commuter van license within one hundred and eighty days after the
completed application is filed. The failure to approve or disapprove
such completed application within such time shall be deemed a
disapproval of such application.
n. Every commuter van license shall be issued on the condition that
the applicant is in compliance with the registration and insurance
requirements set forth in section 19-504.3 of this chapter and any rules
promulgated pursuant thereto during the time that such license is in
effect. Notwithstanding any other provision of law, the failure to
comply with either such registration or insurance requirements shall
render the commuter van license suspended on and after the date of such
noncompliance and during the period of such noncompliance, and any
person using such commuter van in the course of operations of a commuter
van service during such period of noncompliance shall be deemed to be
operating without a license required by this section.
o. The annual license fee for each commuter van license shall be two
hundred seventy-five dollars. Commencing two years after the date of
enactment of the local law that added this subdivision, the annual
license fee for each commuter van shall be an amount equal to the
license fee for a for-hire vehicle set forth in subdivision b of this
section, as it may be amended. The license fee shall be prorated to the
term of the license.
p. A commuter van license shall not be transferable or assignable.
q. Notwithstanding any contrary provision of law, the commission shall
not issue or renew a taxicab license unless the applicant or holder, as
the case may be, avows under penalty of perjury that such person has
fully paid all and any tax imposed on such person by article
twenty-nine-A of the tax law. The commission may ask the commissioner of
taxation and finance for confirmation that such person has paid such
tax. Nothing in this subdivision shall prevent a person to whom a
taxicab license has been issued from moving the medallion which
evidences the license to a standby vehicle if the TLC's regulations
permit such person to do so.
Section 19-504.2
§ 19-504.2 Authorization to operate a commuter van service. a. No
person shall operate a commuter van service wholly within the boundaries
of the city or partly within the city if the partial operation consists
of the pick up and discharge of passengers wholly within the city
without first obtaining authorization from the commission.
b. The commission shall not issue or renew an authorization to operate
a commuter van service unless the following conditions have been
satisfied:
(1) the commission determines that the applicant is fit, willing and
able to provide the transportation for which authorization is sought;
(2) the applicant is in compliance with the provisions of section
19-504.3 of this chapter, and the applicant has not engaged in any
conduct that would be a basis for suspension or revocation of such
authorization pursuant to rules promulgated by the commission; and
(3) the applicant has satisfied such other criteria as the commission
deems to be in the interest of the safety and convenience of the public
and necessary to effectuate the purposes of this chapter.
c. Prior to the issuance or renewal of an authorization to operate a
commuter van service, the applicant shall be fingerprinted for the
purpose of securing criminal history records from the state division of
criminal justice services. The applicant shall pay any processing fee
required by the state division of criminal justice services.
Fingerprints shall be taken of the individual owner if the applicant is
a sole proprietorship; the general partners if the applicant is a
partnership; the officers, principals, and stockholders owning more than
ten percent of the outstanding stock of the corporation if the applicant
is a corporation.
d. An application for an authorization to operate a commuter van
service or for renewal thereof shall be made to the commission in the
form and manner prescribed by the commission.
e. (1) The applicant shall have the burden of demonstrating that the
service proposed will be required by the present or future public
convenience and necessity. The commission shall not issue an
authorization to operate a commuter van service unless the commissioner
of transportation determines that the service proposed will be required
by the present or future public convenience and necessity. Such
determination that the service proposed will be required by the present
or future public convenience and necessity shall be in effect for six
years after the date of issuance of such authorization, unless such
authorization has not been renewed or has been revoked by the commission
prior to the end of such six-year period in which case such
determination shall be in effect only until the expiration or revocation
of such authorization. After the expiration or revocation of such
determination of public convenience and necessity, no authorization to
operate a commuter van service shall be renewed unless a new
determination is made by the commissioner of transportation that the
service proposed will be required by the present or future public
convenience and necessity.
(2) When such a determination by the commissioner of transportation is
required by this subdivision, the application for authorization to
operate a commuter van service shall set forth the geographic area
proposed to be served by the applicant and the maximum number of
vehicles to be operated and the capacity of each such vehicle, and the
commission shall forward a copy of such application to the commissioner
of transportation.
(3) The commissioner of transportation, after consultation with the
state department of transportation, shall make a determination whether
the service proposed in the application will be required by the present
or future public convenience and necessity. The commissioner of
transportation may request that the applicant provide any additional
information relevant to such determination. The commissioner of
transportation shall notify the New York city transit authority and all
council members and community boards representing any portion of the
geographic area set forth in the application for the purpose of
obtaining comment on the present or future public convenience and
necessity for any proposed service. The commissioner of transportation
shall provide for publication in the City Record of a notice of any such
application and shall allow for public comment on such application for a
period not to exceed sixty days after the date of publication of such
notice. If any such application is protested by a bus line operating in
the city or by the New York city transit authority, and such bus line
and/or transit authority has timely submitted objections to the
application to the commissioner of transportation, the commissioner
shall, in making such determination, evaluate such objections in
accordance with the following criteria:
(a) the adequacy of the existing mass transit and mass transportation
facilities to meet the transportation needs of any particular segment of
the general public for the proposed service; and
(b) the impact that the proposed operation may have on any existing
mass transit or mass transportation facilities.
Any determination by the commissioner that a service proposed will be
required by the present or future public convenience and necessity shall
specify the geographic area where service is authorized and the number
of commuter vans authorized to be used in providing such service.
f. (1) The commission, after consultation with the state department of
transportation, shall approve or disapprove such application for
authorization to operate a commuter van service within one hundred
eighty days after the date a completed application has been filed. The
failure to approve or disapprove such completed application within such
one hundred eighty day period shall be deemed a disapproval of such
application.
(2) Any determination by the commission to approve an application for
authorization to operate a commuter van service pursuant to this section
shall be in writing and shall be submitted to the council within five
days of such determination being made. Within twenty days of such
submission the council may adopt a resolution by majority vote of all
council members to review that determination.
(3) Within thirty days of the adoption of the council of a resolution
pursuant to this subdivision, the council may act by local law to
approve or disapprove the determination of the commission. In the event
that the council fails to act by local law within the thirty day period
provided for in this paragraph the determination of the commission shall
remain in effect.
g. An authorization to operate a commuter van service shall be issued
for a term of not less than one nor more than two years and shall expire
on the date set forth in such authorization unless sooner suspended or
revoked by the commission.
h. The commission shall not issue a temporary authorization to operate
a commuter van service. An authorization to operate a commuter van
service shall not be assignable or transferable, unless otherwise
provided by the commission.
i. In the event of the loss, mutilation or destruction of any
authorization to operate a commuter van service the owner shall file
such statement and proof of the facts as the commission may require,
with a fee not to exceed twenty-five dollars for each authorization, at
the offices of the commission, and the commission may issue a duplicate
or substitute authorization.
j. No application for authorization to operate a commuter van service
shall be approved if the applicant has been found guilty of operating a
commuter van service without authorization to operate such commuter van
service two times within a six-month period prior to the date of
application, provided that such violations were committed on or after
the date occurring six months after the effective date of this
subdivision.
k.(i) Notwithstanding any other provision of this section, no
application for authorization to operate a commuter van service, to
increase the number of commuter vans that a commuter van service is
authorized to operate, to increase the number of hours during which a
commuter van service may operate or to modify the territory within which
a commuter van service may operate, other than an application to renew
an authorization to operate a commuter van service, shall be accepted or
processed and no pending application, other than an application to renew
an authorization to operate a commuter van service, shall be approved by
the commission for a period of one year from the effective date of this
paragraph.
(ii) The department of city planning shall submit to the mayor and the
council copies of the final report reflecting the results of a commuter
van service policy study currently being conducted under the auspices of
the department of city planning, or any similar study, within five
business days of its completion.
Section 19-504.3
§ 19-504.3 Conditions of operation relating to commuter vans. a. A
commuter van service and an owner of a commuter van shall be responsible
for compliance with the following provisions and shall be liable for
violations thereof:
(1) No commuter van shall be used in the course of operations of a
commuter van service unless a commuter van license has been obtained for
such vehicle pursuant to section 19-504 of this chapter and such
commuter van displays a license identification in the manner prescribed
by the commission.
(2) No commuter van shall be used in the course of operations of a
commuter van service unless such vehicle (a) is inspected by the state
department of transportation as provided under section one hundred forty
of the transportation law or any rules or regulations promulgated
thereunder or as provided under any agreement between the state
department of transportation and the commission entered into pursuant to
subparagraph one of paragraph a of subdivision five of section eighty of
the transportation law, (b) prominently displays the name of the holder
of the authorization and certificate evidencing an inspection, and (c)
meets the vehicle safety standards prescribed by rule or regulation of
the state commissioner of transportation pursuant to section one hundred
forty of the transportation law.
(3) No commuter van shall be used in the course of operations of a
commuter van service unless such vehicle is in compliance with the
registration requirements of the vehicle and traffic law.
(4) No commuter van shall be used in the course of operations of a
commuter van service unless a surety bond or policy of insurance is
maintained covering such commuter van conditioned for the payment of all
claims and judgments for damages or injuries caused in the operation,
maintenance, use or the defective construction of such commuter van in
at least the following amounts unless higher amounts are established by
rule of the commission:
(a) if the commuter van has a carrying capacity of twelve passengers
or less: for personal injury or death to one person, one hundred
thousand dollars; for personal injury or death to all persons in one
accident, three hundred thousand dollars, with a maximum of one hundred
thousand dollars for each person; and for property damage, fifty
thousand dollars.
(b) if the commuter van has a carrying capacity of more than twelve
passengers and less than twenty-one passengers: for personal injury or
death to one person, one hundred thousand dollars; for personal injury
or death to all persons in one accident, five hundred thousand dollars,
with a maximum of one hundred thousand dollars for each person; and for
property damage, fifty thousand dollars.
(c) if the commuter van has a carrying capacity of more than twenty
passengers: for personal injury or death to one person, one hundred
thousand dollars; for personal injury or death to all persons in one
accident, one million dollars, with a maximum of one hundred thousand
dollars for each person; and for property damage, fifty thousand
dollars.
(5) No commuter van shall be used in the course of operations of a
commuter van service unless the driver holds (a) a commercial driver's
license which pursuant to the vehicle and traffic law is valid for the
operation of such commuter van for the transportation of passengers
for-hire and (b) a commuter van driver's license issued pursuant to
section 19-505 of this chapter.
(6) No commuter van that utilizes a two-way radio or other
communications system shall be used in the course of operations of a
commuter van service unless such commuter van service and the owner of
such commuter van are in compliance with all regulations of the federal
communications commission applicable to such use.
(7) A commuter van service and an owner of a commuter van shall
maintain such records as the commission shall prescribe by rule
including, but not limited to, records of requests for service and
trips. Such records shall be subject to inspection by authorized
officers or employees of the commission during regular business hours.
(8) A commuter van service shall designate each and every driver who
operates pursuant to an authorization to operate such commuter van
service as agent for service of any and all legal process from the
commission which may be issued against such commuter van service. An
owner of a commuter van shall designate each and every driver who
operates such commuter van as agent for service of any and all legal
process from the commission which may be issued against such commuter
van owner.
b. A commuter van service shall certify annually in accordance with
rules of the commission that such commuter van service is in compliance
with title III of the federal americans with disabilities act of 1990
(42 U.S.C. § 12101 et seq.) and any regulations promulgated thereunder,
as such act and regulations may be amended.
c. A commuter van service shall comply with such provisions of section
five of the federal omnibus transportation testing act of 1991 (49
U.S.C. APP. § 2717) and any regulations promulgated thereunder, as that
act and regulations may be amended, as are applicable to such commuter
van service. A commuter van service shall certify such compliance
annually in accordance with rules of the commission.
Section 19-504.4
§ 19-504.4 Renewal, suspension and revocation of authorizations to
operate a commuter van service, commuter van licenses and commuter van
drivers' licenses. a. An authorization to operate a commuter van service
shall be revoked after the holder of such authorization has had an
opportunity for a hearing in accordance with procedures to be
established by the commission and upon the occurrence of any one or more
of the following conditions:
(1) Where each commuter van comprising a number of commuter vans
equaling at least thirty percent of the total number of commuter vans
operating as part of the same current, valid authorization rounded up to
the next whole number, has failed to maintain the required liability
insurance at least three times within a twelve month period;
(2) Where each commuter van comprising a number of commuter vans
equaling at least thirty percent of the total number of commuter vans
operating as part of the same current, valid authorization, rounded up
to the next whole number, has operated without complying with any safety
inspection requirements arising from any applicable law, rule or
regulation at least three times within a twelve month period;
(3) Where a commuter van driver has had his or her license revoked
pursuant to subdivision p of section 19-505 of this chapter while
operating as part of such authorization and thereafter is found to be
operating a commuter van as part of such authorization without a
commuter van driver's license required pursuant to section 19-505 of
this chapter three times within a six month period; or
(4) Where the number of violations of paragraph five of subdivision a
of section 19-504.3 of this chapter occurring within a twelve month
period is equal to the following: ninety percent of the number of
commuter vans authorized to operate as part of such authorization,
rounded up to the next whole number, or five, whichever is greater.
b. Any commuter van license shall be revoked after the holder of such
license has had an opportunity for a hearing in accordance with
procedures to be established by the commission and after which the
holder of such license is found guilty of any of the following:
(1) Failure to maintain the required liability insurance three times
within a period of one year; or
(2) Operating without complying with any safety inspection
requirements arising from any applicable law, rule or regulation three
times within a period of one year.
c. The commission may refuse to renew any authorization to operate a
commuter van service or any commuter van license or commuter van
driver's license required by this chapter and, after due notice and an
opportunity to be heard, may suspend or revoke any such authorization or
license upon the occurrence of any one or more of the following
conditions:
(1) the holder of an authorization or a license or any of its
officers, principals, directors, employees, or stockholders owning more
than ten percent of the outstanding stock of the corporation has been
found by the commission to have violated any of the provisions of this
chapter or any rule promulgated thereunder governing the operation of
commuter van services, commuter vans and commuter van drivers; or
(2) the holder of an authorization or a license or any of its
officers, principals, directors, employees, or stockholders owning more
than ten percent of the outstanding stock of the corporation has made a
material false statement or concealed a material fact in connection with
the filing of any application or certification pursuant to this chapter
or has engaged in any fraud or misrepresentation in connection with
rendering transportation service; or
(3) the holder of an authorization or a license or any of its
officers, principals, directors, or stockholders owning more than ten
percent of the outstanding stock of the corporation has not paid any
penalty duly imposed pursuant to the provisions of this chapter or any
rule promulgated hereunder; or
(4) the holder of an authorization or a license or any of its
officers, principals, directors, or stockholders owning more than ten
percent of the outstanding stock of the corporation has been convicted
of a crime which, in the judgment of the commission, has a direct
relationship to such person's fitness or ability to perform any of the
activities for which an authorization or a license is required under
this chapter, or has been convicted of any other offense which under the
provisions of article twenty-three-a of the correction law, would
provide a basis for the commission to refuse to renew, or to suspend or
revoke, such authorization or license; or
(5) the holder of an authorization or a license has failed to maintain
the conditions of operation applicable to the particular authorization
or license as provided in this chapter; or
(6) the holder of an authorization or a license or any of its
officers, principals, directors, employees, or stockholders owning more
than ten percent of the outstanding stock of the corporation has been
found to have violated any of the provisions of section 8-107 of the
code concerning unlawful discriminatory practices in public
accommodations in the operation of a commuter van service or a commuter
van.
d. Notwithstanding the foregoing provisions, the chairperson of the
commission may immediately suspend any authorization to operate a
commuter van service or commuter van license or commuter van driver's
license issued under this chapter without a prior hearing where the
chairperson determines that the continued possession of such
authorization or license poses a serious danger to the public health,
safety or welfare, provided that after such suspension an opportunity
for a hearing shall be provided on an expedited basis, within a period
not to exceed fourteen days.
e. Where the commission suspends or revokes an authorization to
operate a commuter van service pursuant to this section:
(1) any commuter van license which has been issued as part of such
authorization shall be deemed suspended or revoked, as the case may be,
where the suspension or revocation of the authorization to operate a
commuter van service was based, in whole or in part, upon the operation
of such commuter van; or
(2) any commuter van license which has been issued as part of such
authorization shall continue to be valid in accordance with its terms
where the suspension or revocation of the authorization to operate a
commuter van service was not based, in whole or in part, upon the
operation of such commuter van; provided, however, that such commuter
van shall not be operated in the course of operations of such commuter
van service unless and until such commuter van operates as part of a
current, valid authorization to operate a commuter van service;
provided, further that any such commuter van which operates without
being part of a current, valid authorization to operate a commuter van
service shall be deemed to be operating without a commuter van license
and shall be subject to any and all of the penalties that may be imposed
under this chapter for the unlicensed operation of commuter vans,
including seizure and forfeiture as provided in sections 19-529.2 and
19-529.3 of this chapter.
f. Notwithstanding any other provision of law, any person who has had
an authorization to operate a commuter van service revoked by the
commission pursuant to this section shall not be permitted to apply for
an authorization to operate a commuter van service under this chapter
for a period of six months after the date of such revocation.
g. The commission shall notify the holder of an authorization to
operate a commuter van service of all violations issued to any driver or
vehicle operating pursuant to such authorization.
Section 19-505
§ 19-505 General provisions for licensing of drivers. a. No person
shall drive any motor vehicle for hire which is regulated by the
provisions of this chapter without first obtaining from the commission:
(i) a taxicab driver's license, if the vehicle driven is a taxicab; or
(ii) a coach driver's license, if the vehicle driven is a coach; or
(iii) a for-hire vehicle driver's license, if the vehicle driven is a
for-hire vehicle; or
(iv) a wheelchair accessible van driver's license, if the vehicle
driven is a wheelchair accessible van; or
(v) a commuter van driver's license, if the vehicle driven is a
commuter van.
The issuance of a license to a person to drive any one of the
aforementioned licensed vehicles shall not entitle such person to drive
any other such licensed vehicle without first obtaining the additional
appropriate driver's license.
b. Each applicant for a license, other than a commuter van driver's
license, must:
1. Hold a New York state chauffeur's license.
2. Be nineteen years of age or over.
3. Be of sound physical condition with good eyesight and no epilepsy,
vertigo, heart trouble or any other infirmity of body or mind which
might render him or her unfit for the safe operation of a licensed
vehicle.
4. Be fingerprinted.
5. Be of good moral character.
6. Not be addicted to the use of drugs or intoxicating liquors.
c. Applications for driver's licenses must be filed as directed by the
commission, and must be accompanied by the required license fee. Such
application shall be on a form provided by the commission and contain
such information as the commission deems reasonably necessary.
d. Each applicant for a driver's license under the provisions of this
chapter, other than a commuter van driver's license, shall be examined
as to his or her physical condition by a duly licensed physician
designated by the commission; each such applicant shall also be examined
by the commission as to his or her knowledge of the city, as well as
city and state laws governing the idling of engines, and if the result
of any of these examinations is unsatisfactory, he or she shall be
refused a license.
e. Each applicant for a driver's license must file with his or her
application two recent photos of such applicant of a size which may be
easily attached to his or her license, one of which shall be attached to
the license when issued and the other filed with the application in the
office of the commission.
f. Upon satisfactory fulfillment of the applicable requirements, there
shall be issued to the applicant a driver's license which shall be in
such form as the commission may direct.
g. Original driver's licenses and renewals thereof shall be valid for
a period of not less than one year nor more than three years.
h. The commission may renew a driver's license provided the driver
shall have made application on the prescribed form during the period
which the commission shall designate, and the commission may require the
same standards and tests as are applicable for original applications.
i. The commission may revoke any driver's license for nonuse, in the
event it shall determine that the driver has not worked at least
twenty-five days as a licensed driver in the calendar year preceding the
calendar year in which such determination is made, provided that such
failure to work as a licensed driver shall not have been caused by
strike, riot, war or other public catastrophe. However, in the event
that it is shown to the commission by competent proof that a driver has
been disabled through illness, his or her license shall not be revoked
because of such nonuse as provided in this subdivision.
j. Fees shall be paid by each applicant for a driver's license, as
determined by the commission, but not to exceed the following: For each
original one-year license $ 84.00. For renewal of a one year period $
84.00. The fee for an original license or a renewal thereof shall be
paid at the time of filing the applications and shall not be refunded in
the event of disapproval of the application. An additional fee not
exceeding twenty-five dollars shall be paid for each license issued to
replace a lost or mutilated license. There shall be an additional fee of
twenty-five dollars for late filing of a license renewal application
where such late filing is permitted by the commission.
k. Every driver who has obtained a license pursuant to this section
shall comply with the rules and regulations promulgated by the
commission for drivers of the type of vehicle for which the driver is
licensed.
l. The commission may, after a hearing, suspend or revoke any driver's
license for failure to comply with any provision of this chapter
applicable to licensed drivers or for failure to comply with the
commission's rules and regulations.
m. Notwithstanding any other provision of this section, the commission
shall not issue a commuter van driver's license to an applicant unless
the applicant: (1) has been fingerprinted for the purpose of securing
criminal history records from the state division of criminal justice
services for which the applicant shall pay any processing fee required
by the state division of criminal justice services; (2) satisfies the
commission that such applicant is fit and able to drive the commuter van
for which the license is sought; (3) possesses a commercial driver's
license which pursuant to the vehicle and traffic law is valid for the
operation of such commuter van for the transportation of passengers
for-hire; (4) has met the qualifications set forth in article nineteen-A
of the vehicle and traffic law for the operation of a bus as defined in
such article; and (5) has not engaged in any conduct that would be a
basis for suspension or revocation of such license pursuant to rules
promulgated by the commission.
n. The commission shall approve or disapprove an application for the
issuance of a commuter van driver's license within one hundred eighty
days after the completed application is filed. The failure to approve or
disapprove such application within such time shall be deemed a
disapproval of such application.
o. Every commuter van driver's license shall be issued on the
condition that the applicant possesses a commercial driver's license and
complies with article nineteen-A of the vehicle and traffic law as
described in paragraphs three and four of subdivision m of this section
during the time that such commuter van driver's license is in effect.
Notwithstanding any other provision of law, suspension or revocation of
such commercial driver's license pursuant to the vehicle and traffic law
or noncompliance with article nineteen-A of the vehicle and traffic law
shall render the commuter van driver's license suspended on and after
the date of the suspension or revocation of such commercial driver's
license or noncompliance with such article nineteen-A and during the
period of such suspension, revocation or noncompliance, and any person
who drives a commuter van that is required to be licensed pursuant to
section 19-504 of this chapter during the period of such suspension,
revocation or noncompliance shall be deemed to be driving a commuter van
without a license required by this section.
p. Any commuter van driver's license issued pursuant to this section
shall be revoked after the holder of such license has had an opportunity
for a hearing in accordance with procedures to be established by the
commission and such holder is found to have failed to comply with
paragraph two of subdivision a of section 19-529.1 of this chapter three
times within a period of six months.
q. Not more than one hundred eighty days following the enactment of
this subdivision, the commission shall develop and commence a program to
notify drivers of all vehicles licensed by the commission that
facilitating sex trafficking with a vehicle is illegal. Such program
shall inform such drivers of the specific laws defining and proscribing
such facilitation, including the provisions of this section and section
19-507 of this chapter, and of article 230 of the penal law, and shall
inform such drivers of the civil and criminal penalties associated with
such facilitation, including but not limited to monetary penalties,
license revocation and incarceration. Such program shall also provide
information to such drivers about the resources available to assist
victims of sex trafficking. Such program shall also inform such drivers
that they may not refuse fares solely based on the appearance of an
individual and that it is unlawful to refuse a fare based upon an
individual's actual or perceived sexual orientation or gender, whether
or not an individual's gender identity, self-image, appearance, behavior
or expression is different from that traditionally associated with the
legal sex assigned to an individual at birth, as set forth in chapter
one of title eight of this code. Such program may be presented through
live instruction, video or an interactive computer course, and shall be
updated regularly to reflect changes in law or other relevant
circumstances. Completion of such program shall be a requirement for
initial licensure and subsequent license renewal for such drivers,
except that any driver who has completed such program at least once may
subsequently satisfy the requirements of this subdivision, at the
discretion of the commission, by reviewing written materials, to be
developed by the commission, that contain the information in such
program. All drivers licensed by the commission shall be required to
certify that they have completed such program or received and reviewed
such written materials.
Section 19-506
§ 19-506 Regulations and enforcement. a. Except as provided by
section 19-512.1, the commission may impose reasonable fines and/or
suspend or revoke any license issued by the commission where the holder
has failed to comply with or has willfully or knowingly violated any of
the provisions of this chapter or a rule or regulation of the commission
after adjudication of such violation by the administrative tribunal
established by the commission in accordance with section 2303 of the New
York city charter.
b. 1. Except as provided in paragraph 2 of this subdivision, any
person who shall permit another to operate or who shall knowingly
operate or offer to operate for hire any vehicle as a taxicab, coach,
wheelchair accessible van, HAIL vehicle or for-hire vehicle in the city,
without first having obtained or knowing that another has obtained a
license for such vehicle pursuant to the provisions of section 19-504 of
this chapter, shall be guilty of a violation, and upon conviction in the
criminal court shall be punished by a fine of not less than one thousand
dollars or more than two thousand dollars or imprisonment for not more
than sixty days, or both such fine and imprisonment. This paragraph
shall apply to the owner of such vehicle and, if different, to the
operator of such vehicle.
2. Any person who shall permit another to operate or who shall
knowingly operate or offer to operate for hire any vehicle licensed as a
taxicab, coach, wheelchair accessible van, HAIL vehicle or for-hire
vehicle in the city in a manner that is beyond the scope of the
activities permitted by such vehicle's license shall be guilty of a
violation, and upon conviction in the criminal court shall be punished
by a fine of not less than four hundred dollars nor more than one
thousand dollars, or imprisonment for not more than sixty days or both
such fine and imprisonment. This paragraph shall apply to the owner of
such vehicle and, if different, to the operator of such vehicle.
3. Where a violation of this chapter or any rules promulgated
thereunder is committed using a vehicle which is owned by a rental
vehicle company and has been rented or leased by such rental vehicle
company, it shall be an affirmative defense that the rental vehicle
company did not know or have any reason to know that the person to whom
it was rented or leased would operate or offer to operate for hire such
vehicle as a taxicab, coach, wheelchair accessible van or for-hire
vehicle in the city. For purposes of this subdivision, a "rental vehicle
company" shall be defined as any person or organization or any
subsidiary or affiliate, including a franchise, in the business of
providing rental vehicles to the public.
c. (1) No person shall operate or permit to be operated any vehicle
bearing the words "hack," "taxi," "taxicab," "cab," "coach," "for-hire
vehicle," "livery," "limousine," "commuter van service," "van service,"
"commuter van," "van" or other designation of similar import unless the
vehicle is licensed as a taxicab, coach, for-hire vehicle, or commuter
van, as appropriate, and the driver has an appropriate driver's license
under this chapter, and in the case of a commuter van service, such
person has an authorization to operate a commuter van service, nor shall
any person advertise or hold himself or herself out as doing business as
a taxi, taxicab, hack or coach service unless he or she holds a vehicle
license and medallion for each vehicle used therefor, nor shall any
person advertise or hold himself or herself out as doing business as a
"limousine service," "livery service," a "for-hire vehicle service," or
other similar designation unless a for-hire vehicle license is in effect
for each vehicle used therefor, nor shall any person advertise or hold
himself or herself out as doing business as a "commuter van service,"
"van service," "commuter van," "van" or other designation of similar
import unless such person is authorized to operate a commuter van
service and a commuter van license is in effect for each vehicle used
therefor as required by this chapter, nor shall any person advertise or
hold himself or herself out as doing business as a wheelchair accessible
van service or other similar designation unless a wheelchair accessible
van license is in effect for each vehicle used therefor.
(2) Any person required to obtain a license under this chapter shall
conspicuously state in all print and broadcast advertising, with respect
to such licensed activity, the vehicle license number and that the
activity is licensed by the commission; provided, however, that as
applied to the owner of a for-hire vehicle base station, or wheelchair
accessible van base station, such license number shall be the number of
the license issued to such base station; provided further, that the
requirement of this subdivision respecting the display of vehicle
license numbers in print and broadcast advertising shall not apply to
any owner of five or more taxicabs. No person who is required to obtain
authorization to operate a commuter van service under this chapter shall
advertise in print or in a broadcast medium the activity for which
authorization is required without conspicuously stating in such
advertising the commuter van service authorization number and that the
activity is licensed by the commission.
d. Any person, other than a person holding a driver's license issued
pursuant to section 19-505 and a New York state class A, B, C or E
license, neither of which is revoked or suspended, who drives or
operates for hire a licensed vehicle in the city except a commuter van,
shall be guilty of a violation, and upon conviction in the criminal
court, shall be punished by a fine of not less than five hundred dollars
nor more than one thousand dollars or imprisonment for a term not
exceeding thirty days, or both such fine and imprisonment.
e. (1) In addition to or as an alternative to the penalties provided
for the violation of the provisions of paragraph one of subdivision b or
subdivision d of this section, any person who shall violate such
provisions shall, for the first violation, be liable for a civil penalty
of one thousand five hundred dollars, and for the second violation
committed within a thirty six month period, for a civil penalty of two
thousand dollars.
(2) As an alternative to the penalties provided for the violation of
the provisions of paragraph two of subdivision b or subdivision c of
this section, any person who shall violate such provisions shall be
liable for a civil penalty of not less than two hundred dollars nor more
than one thousand five hundred dollars for each violation.
(3) A proceeding to impose a civil penalty prescribed in paragraphs
one or two of this subdivision or in subdivision f of this section shall
be commenced by the service of a notice of violation returnable before
the commission or an administrative tribunal of the commission. The
commission or such tribunal, after a hearing as provided by the rules of
the commission or its successor agency, shall have the power to enforce
its decisions and orders imposing such civil penalties as if they were
money judgments pursuant to subdivision c of section two thousand three
hundred three of the charter.
f. As an alternative to the penalties provided for the violation of
subdivision c of this section, the commission, after notice and hearing,
shall be authorized to impose the civil penalties provided in this
subdivision upon any person found to have advertised in print or in a
broadcast medium in violation of such subdivision, provided, however,
that such civil penalties may be imposed only when such person was not
licensed by the commission at the time of such violation. Such penalties
shall be levied for each broadcast in violation of such subdivision and
shall be not less than one hundred dollars nor more than five hundred
fifty dollars for each such broadcast. Such penalties for printed
advertisements shall be levied for each publication and shall be
determined based on the period of time the publication in which the
advertisement appears remains current. The current period shall be
determined as that time when a publication is initially offered for sale
or distribution until the period when the next dated publication is
offered for sale or distribution. In no case shall this period be less
than twenty-four hours. If the current period is:
daily, such penalty shall be not less than one hundred dollars nor
more than five hundred dollars per day;
weekly, such penalty shall be not less than two hundred fifty dollars
nor more than seven hundred fifty dollars;
greater than one week and not more than one month, such penalty shall
be not less than seven hundred fifty dollars nor more than one thousand
dollars; and
greater than one month, such penalty shall be not less than one
thousand dollars nor more than two thousand dollars.
g. The commission shall undertake a public awareness campaign advising
the public to patronize only licensed taxicabs and for-hire vehicles
and, when selecting a taxicab or for-hire vehicle from an advertisement,
to look for the commission license number in any such advertisement.
h. (1) Any officer or employee of the commission designated by the
chairperson of the commission and any police officer may seize any
vehicle which he or she has probable cause to believe is operated or
offered to be operated without a vehicle license in violation of
paragraph one of subdivision b of this section or without an appropriate
vehicle license for such operation in violation of paragraph two of
subdivision b or of subdivision c or subdivision k of this section.
Therefore, either the commission or an administrative tribunal of the
commission at a proceeding commenced in accordance with subdivision e of
this section, or the criminal court, as provided in this section, shall
determine whether a vehicle seized pursuant to this subdivision was
operated or offered to be operated in violation of any such subdivision.
The commission shall have the power to promulgate regulations concerning
the seizure and release of vehicles and may provide in such regulations
for reasonable fees for the removal and storage of such vehicles. Unless
the charge of violating subdivision b, c or k of this section is
dismissed, no vehicle seized pursuant to this subdivision shall be
released until all fees for removal and storage and the applicable fine
or civil penalty have been paid or a bond has been posted in a form and
amount satisfactory to the commission, except as is otherwise provided
for vehicles subject to forfeiture pursuant to paragraph two of this
subdivision.
(2) In addition to any other penalties provided in this section, if
the owner is convicted in the criminal court of, or found liable in
accordance with subdivision e of this section for, a violation of
paragraphs one or two of subdivision b or of subdivision c or
subdivision k of this section two or more times, and all of such
violations were committed on or after the effective date of this section
and within a thirty-six month period, the interest of such owner in any
vehicle used in the commission of any such second or subsequent
violation shall be subject to forfeiture upon notice and judicial
determination. Notice of the institution of the forfeiture proceeding
shall be in accordance with the provisions of the civil practice law and
rules. The penalties provided for in this paragraph shall also apply to
any owner who has been convicted of or found liable for one violation of
paragraphs one or two of subdivision b or of subdivision c or
subdivision k of this section at the time the local law that added this
paragraph was enacted and who commits another violation within
thirty-six months of the first violation.
(3) Except as hereinafter provided, the city agency having custody of
a vehicle after judicial determination of forfeiture, shall, no sooner
than thirty days after such determination and upon a notice of at least
five days, sell such forfeited vehicle at public sale. Any person, other
than an owner whose interest is forfeited pursuant to this section, who
establishes a right of ownership in a vehicle, including a part
ownership or security interest, shall be entitle to delivery of the
vehicle if such person;
(A) redeems the ownership interest which was subject to forfeiture by
payment to the city of the value thereof;
(B) pays the reasonable expenses of the safekeeping of the vehicle
between the time of seizure and such redemption; and
(C) either (i) asserts a claim in the forfeiture proceeding, or (ii)
submits a claim in writing to the commission within thirty days after
judicial determination of forfeiture.
(4) Notwithstanding the provisions of paragraph three of this
subdivision, establishment of a right of ownership shall not entitle a
person to delivery of a vehicle if the city establishes in the
forfeiture proceeding or in a separate administrative adjudication of a
claim asserted pursuant to subparagraph (C) of paragraph three of this
subdivision that the violations of subdivision b, c or k of this section
upon which the forfeiture is predicated were expressly or impliedly
permitted by such person. The commission or successor agency shall
promulgate rules and regulations setting forth the procedure for such an
administrative adjudication, which shall include provision for a
hearing.
(5) For purposes of this subdivision, the term "owner" shall mean an
owner as defined in section one hundred twenty-eight and in subdivision
three of section three hundred eighty-eight of the vehicle and traffic
law.
(6) The provisions of this subdivision shall not apply to the seizure
and forfeiture of commuter vans which shall be governed by sections
19-529.2 and 19-529.3 of this chapter.
i. (1) Notwithstanding any inconsistent provision of this chapter, any
person who violates any provision of this chapter or any rule
promulgated hereunder applicable to commuter van services, commuter vans
or drivers of commuter vans shall be subject to a civil penalty in an
amount to be prescribed by the commission by rule for specific
violations which amount shall not exceed one thousand dollars for a
first violation and twenty-five hundred dollars for a second and
subsequent violation committed within two years of a first violation.
Where such violation involves the operation of a commuter van service
without the authorization required by this chapter, the operation of a
commuter van without the license required by this chapter or the
operation of a commuter van that is not pursuant to a current, valid
authorization to operate a commuter van service, such person shall be
liable for a civil penalty of not less than five hundred dollars and not
more than one thousand dollars, and for a subsequent violation committed
within two years of the first violation, such person shall be liable for
a civil penalty of not less than one thousand dollars and not more than
twenty-five hundred dollars.
(2) A proceeding to impose such civil penalty shall be commenced by
the service of a notice of violation returnable before the commission or
an administrative tribunal of the commission. Such civil penalties shall
be imposed after a hearing in accordance with the rules of the
commission.
(3) Except as otherwise provided in paragraph four of this
subdivision, civil penalties imposed by the commission or such tribunal
may be recovered by the corporation counsel in a civil action in any
court of competent jurisdiction.
(4) Decisions and orders of the commission or such tribunal imposing
civil penalties for violations relating to the operation of commuter van
service without authorization and the operation of unlicensed commuter
vans and unlicensed drivers of commuter vans may be entered and enforced
as if they were money judgments of a court pursuant to subdivision c of
section two thousand three hundred three of the charter.
(5) Notices of violation which are returnable to the commission or
such tribunal may be served by any officers or employees designated by
the commission, any police officer or any authorized officers or
employees of the department of transportation or the New York city
transit authority.
j. Where the commission or administrative tribunal thereof finds an
owner liable for operating a vehicle as a commuter van without an
authorization to operate a commuter van service or without a commuter
van license, the commission shall notify the New York state commissioner
of motor vehicles pursuant to subparagraph four of paragraph a of
subdivision five of section eighty of the New York state transportation
law of such finding. Upon such notification, the commissioner of motor
vehicles, pursuant to such subparagraph four, shall thereupon suspend
the registration of such vehicle and shall deny any application for the
registration of such vehicle or any application for the renewal thereof
pursuant to subdivision five-a of section four hundred one of the
vehicle and traffic law until such time as the commission may give
notice that the violation has been corrected to its satisfaction.
Operation of any motor vehicle for which the registration has been
suspended as herein provided shall constitute a class A misdemeanor. The
commission shall also notify the department of finance where it finds an
owner liable for operating a vehicle as a commuter van without an
authorization to operate a commuter van service or without a commuter
van license.
k. No driver of any vehicle with a valid HAIL license shall accept a
passenger by street hail within the city of New York from a location
where street hails by such vehicles are not permitted.
(i) A violation of this subdivision shall be punishable by a fine of
five hundred dollars for the first violation. A violation of this
subdivision shall be punishable by a fine of seven hundred fifty dollars
when a driver has been convicted of a violation of this subdivision
within the immediately preceding twenty-four months. A violation of this
subdivision shall result in revocation of the driver's license issued
pursuant to paragraphs (i) and (iii) of subdivision a of section 19-505
of this chapter when such violation is committed by a driver who has
previously been convicted of two violations of this section within the
immediately preceding one hundred twenty months.
(ii) A finding that a driver has committed a violation of this
subdivision shall be evidence that the owner or operator holding the
HAIL license with respect to the vehicle in which such violation was
committed failed to make a reasonable good faith effort to deter the
commission of such violation. A driver's third conviction of this
subdivision within one hundred twenty months shall result in revocation
of a HAIL license if each such violation occurred in a vehicle subject
to a HAIL license held by such owner or operator of one or more of such
HAIL licenses. The New York city taxi and limousine commission or
successor agency shall advise such owner or operator holding the HAIL
license of his or her potential liability pursuant to this section upon
a finding that a violation of paragraph (i) of this subdivision was
committed in a vehicle with a valid HAIL license.
l. A person is guilty of unlawful fleeing a New York city taxi and
limousine enforcement officer or police officer when, knowing that he or
she has been directed to remain stopped by a New York city taxi and
limousine enforcement officer or police officer, the driver of a vehicle
operating pursuant to a HAIL license who is stopped in a zone where he
or she is not permitted to pick up street hails thereafter attempts to
flee such officer by setting the vehicle in motion and either travels
over three hundred feet without stopping or engages in conduct
constituting reckless driving as defined in section twelve hundred
twelve of the vehicle and traffic law. Unlawful fleeing a New York city
taxi and limousine enforcement officer or police officer is a
misdemeanor punishable by a fine of not less than seven hundred fifty
dollars nor more than one thousand dollars, or by imprisonment of not
more than ninety days or by both such fine and imprisonment.
Notwithstanding any contrary provision of law, any charge alleging a
violation of this subdivision shall be returnable before a court having
jurisdiction over misdemeanors.
m. On or before February 1, 2013 and on a quarterly basis thereafter,
the commission shall post on its website and provide to the council a
report for the prior quarter that includes, at a minimum, the following
information, subject to the manner that such data is available: (i) the
number of criminal actions commenced pursuant to paragraph one of
subdivision b of this section; (ii) the number of criminal actions
commenced pursuant to paragraph two of subdivision b of this section;
(iii) the number of civil actions commenced pursuant to paragraph one of
subdivision e of this section; (iv) the number of civil actions
commenced pursuant to paragraph two of subdivision e of this section;
and (v) the number of vehicles seized pursuant to paragraph one of
subdivision h of this section, disaggregated by whether such vehicle was
seized for a violation of paragraph one or two of subdivision b of this
section. Such report shall also be disaggregated by borough and
precinct.
Section 19-506.1
§ 19-506.1 Administrative Tribunal. a. If the commission is unable to
produce a complaining witness in person, where such witness' credibility
is relevant to the charges made in the notice of violation, the
commission shall make reasonable efforts to make such witness available
during the hearing by videoconferencing or teleconferencing. If the
complaining witness is not available during a hearing, the commission
shall produce a statement outlining its efforts to produce such witness.
An administrative law judge shall examine such statement and if he or
she decides the commission's efforts to produce the complaining witness
were inadequate, the administrative law judge shall dismiss the notice
of violation.
b. Hearings where the commission seeks the revocation of a commission
issued license for a rule violation that does not provide for the
mandatory revocation of such license as a penalty shall be conducted
before the office of administrative trials and hearings and shall be
subject to the procedures of that tribunal. The commission may authorize
other hearings to be conducted before the office of administrative
trials and hearings.
c. If a respondent timely files to appeal a decision of the
administrative tribunal, any fines imposed by the administrative
tribunal shall be stayed until a decision is made in such appeal,
provided that the commission shall not be required to refund any fines
paid before respondent made his or her appeal unless such appeal is
successful. The administrative tribunal shall expedite any appeal
involving a suspension or revocation of a commission issued license.
d. If, for the purposes of appealing a decision, a respondent requests
a copy of the hearing recording, such recording shall be produced to
such respondent within thirty days after receipt of a written request
from such respondent. If the commission cannot produce the recording
within the thirty day period, the determination being appealed shall be
dismissed without prejudice.
e. Notwithstanding any other laws, rules or regulations, where a
respondent fails to appear at a scheduled hearing, such respondent shall
have two years from the entry of any determination to move to vacate
such determination and seek a new hearing. After mailing a notice of
default to a respondent, the commission shall prepare a record
containing the name of the person who mailed such notice, and the date,
time and method used to mail such notice. The commission shall make such
record available upon request to such respondent.
Section 19-507
§ 19-507 Mandatory penalties. a. The commission or successor agency
shall fine any driver, or suspend or revoke the driver's license of any
driver, as provided in subdivision b of this section, who shall have
been found in violation of any of the following:
1. No driver of a taxicab shall seek to ascertain, without justifiable
grounds, the destination of a passenger before such passenger shall be
seated in the vehicle.
2. No driver of a taxicab shall refuse, without justifiable grounds,
to take any passenger or prospective passenger to any destination within
the city.
3. No driver of a vehicle the fares of which are set by the commission
or successor agency shall charge or attempt to charge a fare above the
fare set by the commission or successor agency.
4. No driver of a for-hire vehicle, other than a driver operating a
for-hire vehicle with a valid HAIL license, shall accept passengers
unless the passengers have engaged the use of the for-hire vehicle on
the basis of telephone contract or prearrangement.
b. 1. Any driver who has been found to have violated a provision of
paragraph one, two or three of subdivision a of this section, or any
combination thereof, shall be fined not less than two hundred dollars
nor more than five hundred dollars for the first offense. Any driver who
has been found in violation of any of the provisions of such paragraphs,
or any combination thereof, for a second time within a twenty-four month
period shall be fined not less than three hundred fifty dollars nor more
than one thousand dollars, and the commission may suspend the driver's
license of such driver for a period not to exceed thirty days. Any
driver who has been found to have violated any of the provisions of
paragraph one, two or three of such subdivision, or any combination
thereof, three or more times within a thirty-six month period shall be
fined not more than one thousand dollars for each such third or
subsequent offense, and the commission shall revoke the driver's license
of such driver. Any driver who has been found to have violated any of
the provisions of paragraph four of subdivision a of this section shall
be fined not less than two hundred dollars nor more than three hundred
fifty dollars for the first offense. Any driver who has been found in
violation of any of the provisions of such paragraph for a second time
within a twenty-four month period shall be fined not less than three
hundred fifty dollars nor more than five hundred dollars, and the
commission may suspend the driver's license of such driver for a period
not to exceed thirty days. The commission shall revoke the driver's
license of any driver who has been found to have violated any of the
provisions of paragraph four of such subdivision three or more times
within a thirty-six month period.
2. Notwithstanding the provisions of paragraph one of this
subdivision, the commission shall revoke the driver's license of any
person found to have violated paragraph three of subdivision a of this
section by charging or attempting to charge a fare of ten dollars or
more above the approved rate of fare for taxicabs.
3. Any driver or vehicle owner of a vehicle licensed by the commission
or base station licensee who facilitates sex trafficking with a vehicle
shall be liable for a civil penalty of ten thousand dollars, and the
commission shall revoke the license of such driver, the license of the
vehicle used to commit such facilitation when the person who facilitated
sex trafficking is the owner of such vehicle, and the license of the
base station licensee when such base station licensee committed such
facilitation and the vehicle used to commit such facilitation was
affiliated with the base station licensed by such licensee at the time
such offense was committed.
c. The commission shall not issue any license under this chapter to
any person who has had his or her driver's license revoked pursuant to
subdivision b of this section prior to a period of one year from the
date of such revocation.
d. 1. Each owner shall make a reasonable good faith effort, by a
driver education program or other affirmative measures, to deter the
commission of violations of paragraphs one, two and three of subdivision
a of this section by drivers of taxicabs for which such owner holds a
vehicle license. A finding that a driver has committed a violation of
any such paragraph shall create a rebuttable presumption that the owner
holding the vehicle license for the taxicab in which such violation was
committed has failed to make a reasonable good faith effort to deter the
commission of such violation. In any proceeding for a violation of this
paragraph, it is an affirmative defense that the owner made a reasonable
good faith effort, by a driver education program or other affirmative
measures, to deter the commission of violations of paragraphs one, two
and three of subdivision a of this section. The commission shall advise
an owner in writing of his or her potential liability pursuant to this
subdivision upon a finding that a violation of such paragraph was
committed in a taxicab for which such owner holds a vehicle license.
2. If the owner holding a vehicle license for a taxicab or taxicabs in
which a driver or drivers have been found to have committed violations
of paragraphs one, two or three of subdivision a of this section, or any
combination thereof, is found not to have made a reasonable good faith
effort to deter such violation, the owner shall be liable for a
violation of paragraph one of this subdivision as follows:
(i) for the second violation of paragraphs one, two or three of
subdivision a of this section, or any combination thereof, committed in
a taxicab or taxicabs for which the owner holds a vehicle license or
licenses, the commission shall fine the owner two hundred dollars;
(ii) for the third violation of paragraphs one, two or three of
subdivision a of this section, or any combination thereof, committed in
a taxicab or taxicabs for which the owner holds a vehicle license or
licenses, the commission shall fine the owner not less that two hundred
dollars nor more than three hundred fifty dollars;
(iii) for the fourth and each subsequent violation of paragraphs one,
two or three of subdivision a of this section, or any combination
thereof, committed in a taxicab or taxicabs for which the owner holds a
vehicle license or licenses, the commission shall fine the owner not
less than three hundred fifty nor more than five hundred dollars;
(iv) for the fifth and each subsequent violation of paragraphs one,
two or three of subdivision a of this section, or any combination
thereof, committed in a taxicab or taxicabs for which the owner holds a
vehicle license or licenses, the commission shall suspend the vehicle
license of the taxicab used in the commission of the most recent
violation for a period not to exceed sixty days.
For purposes of this paragraph, the obligation to have made a
"reasonable good faith effort" shall be met if the owner, upon the
hiring of each new driver and for all drivers, shall, at least once
annually, distribute a copy of applicable commission rules to each
driver and obtains a written receipt therefore. The commission shall
supply owners with a copy of all such applicable rules. In addition,
such rules shall be conspicuously posted by the owner at the owner's
place of business so that they are readily visible to all drivers.
3. The commission shall promulgate rules and regulations setting forth
the procedure for an administrative adjudication of violations of
paragraph one of this subdivision, which shall include provision for
notice and a hearing.
e. The term "without justifiable ground" used in paragraphs one and
two of subdivision a of this section shall mean that standard of
behavior which fails to conform to that of a reasonable and prudent
person acting in compliance with any regulations promulgated by the
commission.
f. The commission may suspend or revoke the license of any person whom
it determines has obtained a license by fraud or false representation,
or willful misstatement or omission of a material fact.
Section 19-507.1
§ 19-507.1 Persistent Violators of Rules Relating to Drivers of
Taxicabs and For-Hire Vehicles. a. (1) On or after September 1, 1999,
any taxicab or for-hire vehicle driver may attend a remedial or
refresher course approved by the commission. Upon satisfactory
completion of a commission-approved course by such driver, two points
shall be deducted from the number of points assessed under the
persistent violators program against his or her taxicab or for-hire
vehicle driver's license. A taxicab or for-hire vehicle driver shall be
eligible for a point reduction pursuant to this subdivision only once
within the five-year period commencing on or after September 1, 1999.
(2) Notwithstanding the provisions of paragraph one of this
subdivision, any taxicab or for-hire vehicle driver may attend one
remedial or refresher course approved by the commission between the
effective date of this local law and August 31, 1999. Upon satisfactory
completion of a commission-approved course by such driver two points
shall be deducted from the number of points assessed under the
persistent violators program against his or her taxicab or for-hire
vehicle driver's license.
(3) Notwithstanding the provisions of paragraphs one or two of this
subdivision, no point reduction shall affect any suspension or
revocation action which may be taken by the commission pursuant to this
program prior to the completion of the course and no taxicab or for-hire
vehicle driver shall receive a point reduction unless attendance at the
course is voluntary on the part of the driver. If the commission has no
approved remedial or refresher course on the effective date of this
subdivision, then a department of motor vehicles-approved course shall
be deemed acceptable until such time as the commission approves a
course.
b. Any taxicab or for-hire vehicle driver who has been found guilty of
violations of the commission's rules such that six or more points have
been assessed against his or her taxicab or for-hire vehicle driver's
license within any fifteen-month period and whose license has not been
revoked shall have his or her taxicab or for-hire vehicle driver's
license suspended for thirty days. The provisions of this subdivision
shall apply only to violations issued on or after July 26, 1998.
c. Any taxicab or for-hire vehicle driver who has been found guilty of
violations of the commission's rules such that ten or more points have
been assessed against his or her taxicab or for-hire vehicle driver's
license within any fifteen-month period shall have his or her taxicab or
for-hire vehicle driver's license revoked. The provisions of this
subdivision shall apply only to violations issued on or after July 26,
1998.
d. For the purposes of assessing points against the license of a
taxicab or for-hire vehicle driver, where a taxicab or for-hire vehicle
driver has been found guilty of multiple violations arising from a
single enforcement action by an authorized enforcement agent, such
driver shall be deemed guilty of the single violation having the highest
point assessment.
e. A taxicab or for-hire vehicle driver shall not be subject to an
assessment of points against his or her taxicab or for-hire vehicle
driver's license or the imposition of duplicate penalties where the same
act is a violation under provisions of law other than commission rules
and where such violations duplicate each other or are substantively the
same and any such driver may be issued only one summons or notice of
violation for such violation. Points assessed by the department of motor
vehicles by reason of violations under the vehicle and traffic law may
not be added to points assessed by the commission under this section for
violations of commission rules.
f. It shall be an affirmative defense that the act which formed the
basis for the violation was beyond the control and influence of the
taxicab or for-hire vehicle driver.
g. Any violation issued to a taxicab driver or owner for
meter-tampering shall be served on the licensee by personal delivery or
by certified and regular mail within five calendar days of its issuance.
The licensee shall have an opportunity to request a hearing before the
commission or other administrative tribunal of competent jurisdiction
within ten calendar days after receipt of any such notification. Upon
request such hearing shall be scheduled within ten calendar days. If the
tenth day falls on a Saturday, Sunday or holiday, the hearing may be
held on the next business day. A decision shall be made with respect to
any such proceeding within sixty calendar days after the close of the
hearing. In the event such decision is not made within that time period,
the license or medallion which is the subject of the proceeding shall be
returned by the commission to the licensee and deemed to be in full
force and effect until such determination is made. It shall be an
affirmative defense to any violation for meter-tampering issued to a
taxicab driver or owner that such person (i) did not know of or
participate in the alleged meter-tampering and (ii) exercised due
diligence to ensure that meter-tampering does not occur.
h. For purposes of subdivision g of this section, examples of an
owner's due diligence shall include, but are not limited to (1) giving
to their drivers a clear warning that violations of the meter tampering
rules will result in the immediate termination of any lease agreement,
the reporting to the commission of driver tampering and the commission's
probable revocation of the driver's taxicab driver's license, (2)
including in any written lease agreement provisions containing the
warnings against violation of meter tampering rules, (3) stamping
warnings about the illegality of meter tampering on the trip cards
issued to all drivers of an owner's taxicabs, (4) having management
personnel or mechanics periodically check for proper odometer and meter
mileage comparisons in order to determine if there are inappropriate
disparities between the two sets of figures, (5) conducting periodic
random inspections of the taxicab meter and its wiring for all of its
taxicabs to detect any evidence of violation of the meter tampering
rules and (6) having all of such owner's taxicabs inspected by a
licensed meter shop once every commission inspection cycle.
Section 19-507.2
§ 19-507.2 Critical driver program. a. Any taxicab or for-hire vehicle
driver who has been found guilty of violations such that six or more
points have been assessed by the department of motor vehicles or an
equivalent licensing agency of the driver's state of residence against
the driver license issued to such taxicab or for-hire vehicle driver
within any fifteen-month period and whose taxicab or for-hire vehicle
driver's license has not been revoked shall have his or her taxicab or
for-hire vehicle driver's license suspended for thirty days. The
provisions of this subdivision shall apply only to violations issued on
or after February 15, 1999.
b. Any taxicab or for-hire vehicle driver who has been found guilty of
violations such that ten or more points have been assessed by the
department of motor vehicles or an equivalent licensing agency of the
driver's state of residence against the driver license issued to such
taxicab or for-hire vehicle driver within any fifteen-month period shall
have his or her taxicab or for-hire vehicle driver's license revoked.
The provisions of this subdivision shall apply only to violations issued
on or after February 15, 1999.
c. (1) On or after September 1, 1999, a taxicab or for-hire vehicle
driver shall be eligible to receive a two point reduction in the number
of points assessed pursuant to the critical driver program upon the
submission to the commission of proof of the satisfactory completion of
a motor vehicle accident prevention course approved by the department of
motor vehicles. Such point reduction shall be considered in computing
the total number of points accumulated by such driver as a result of
violations which occurred within fifteen months prior to the date of the
completion of the course.
(2) Notwithstanding the provisions of paragraph one of this
subdivision no point reduction shall affect any suspension or revocation
action which may be taken by the commission pursuant to this program
prior to the completion of the course. No person shall receive a point
reduction more than once in any eighteen month period and no person
shall receive a point reduction unless attendance at the course is
voluntary on the part of the driver.
(3) Notwithstanding the provisions of paragraphs one and two of this
subdivision, any taxicab or for-hire vehicle driver who voluntarily
attends and satisfactorily completes one motor vehicle accident
prevention course approved by the department of motor vehicles between
the effective date of this local law and August 31, 1999, shall have two
points deducted from the total number of points assessed pursuant to the
critical driver program against his or her taxicab or for-hire vehicle
driver's license. No point reduction shall affect any suspension or
revocation action which may be taken by the commission pursuant to this
program prior to the completion of the course.
Section 19-507.3
§ 19-507.3 Reporting requirements. a. An owner shall maintain on file
with the commission a current telephone number serviced by an answering
machine or recording device, a pager number, telephone answering service
number or other information by which telephone contact with the owner or
a designated representative may reasonably be expected to be made at all
times. An owner or designated representative must respond to any
telephone or pager contact from the commission within forty-eight hours.
Section 19-508
§ 19-508 Meters, radios and other equipment. a. All taxicabs shall be
equipped with meters, and the equipment which shall store or transmit
for storage fare data, including, but not limited to, the rate of fare
and the times or locations such rate of fares were in effect, pick up
and drop-off information and any other data as required by the
commission. All data required to be stored or transmitted by such
equipment shall be made available to the commission in a form and manner
as required by the commission. A licensed driver's fare information,
including rate of fare and pickup and drop-off information shall be made
available to such driver as required by the commission, at no charge to
such drivers. The commission shall prescribe by rule, contract or
otherwise, responsibility for compliance with the provisions of this
section, and for penalties for non-compliance with such provisions. The
commission may permit or require other licensed vehicles to be equipped
with the same or different types of meters.
b. The commission may permit or require the installation of radio or
other equipment of specified types in licensed vehicles, except that the
commission shall require that all wheelchair accessible vans contain
two-way radios where the owner employs a dispatcher, a number of
portable or fixed seat belts equal to the maximum capacity of the van,
safety ties sufficient to secure any wheelchair or wheelchairs which the
van may at any given time be transporting and such other special
equipment as the commission shall determine is necessary to insure the
safe transportation of physically handicapped persons. The commission
shall require the use of a specified frequency for any radio used by
licensed vehicles, said frequency to be assigned by the federal
communications commission.
c. 1. For purposes of this section, the term "trouble light" shall
mean a help or distress signaling light system consisting of two turn
signal type "lollipop" lights.
2. Every for-hire vehicle or taxicab placed into operation shall carry
a minimum of two spare turn signal type "lollipop" lights of a type
approved by the commission. In the event that any authorized enforcement
agent indicates to a for-hire vehicle or taxicab driver that the
vehicle's trouble light is defective, such driver shall have the
opportunity to return such defective trouble light to proper working
order by replacing one or both bulbs, or by any other corrective action,
in the presence of such enforcement agent. If the replacement of a bulb
or bulbs, or any other corrective action, restores the trouble light to
proper working order, no summons or notice of violation may be issued
for operating a for-hire vehicle or taxicab with a defective trouble
light. In the event that repair of the defective condition is not made
in the presence of such enforcement agent and a summons or notice of
violation is issued for a defective for-hire vehicle or taxicab trouble
light, such summons or notice of violation shall be dismissed by the
adjudicatory body before which such summons or notice of violation is
heard if: (a) proof that repair of such defect was made within
twenty-four hours of the issuance of the summons or notice of violation
is provided to the adjudicatory body and (b) the vehicle was not used
for hire during the period of time from when the summons or notice of
violation was issued to the time the repair was made.
3. Any person found to have violated the provisions of this
subdivision shall be liable for a fine of one hundred seventy-five
dollars for each such violation and in addition thereto the license for
such vehicle shall be suspended until the defective condition is
corrected.
Section 19-509
§ 19-509 Licensing of taximeter business. a. It shall be unlawful for
any person to engage in the business of manufacturing, selling,
repairing and adjusting or calibrating taximeters or taximeter equipment
for use upon any licensed vehicle in the city unless he or she shall
secure a license therefor from the commission, and such person engaged
in the business of installing, repairing, adjusting or calibrating
taximeters shall only be licensed if he shall have a place of business
within the city large enough simultaneously to accommodate at least
three vehicles. Such licenses shall be issued for a period not exceeding
one year and shall expire on the thirty-first day of March following the
date of issue. The fee for the issuance of each such license shall be
five hundred dollars per annum for each place of business licensed
provided, however, that upon the issuance of a license for a period of
six months or less, the fee shall be one-half the annual fee fixed by
the commission.
b. It shall be unlawful for such person to sell or attach to a
licensed vehicle for use within the city a taximeter which does not
comply with the rules and regulations established by the commission, and
the commission may establish such rules and regulations in respect to
the taximeter business as may be reasonable to assure adequate
protection of the public and enforcement of the provisions and purposes
of this chapter and may require such reports and other information as it
deems necessary or advisable. Any person who shall install, repair,
adjust or calibrate any taximeter shall securely affix to the inside of
the glass window thereon, so as to be clearly legible from the outside,
a printed poster bearing his or her license number.
c. Fees to be charged by persons licensed pursuant to this section
shall be subject to approval of the commission. In determining whether
any proposed fee or fee schedules shall be approved, the commission
shall take into consideration the nature of the service performed, the
costs of the licensee, a reasonable profit to the licensee, fees for
similar services charged in other communities, and the welfare of the
taxicab and taximeter industries.
Section 19-511
§ 19-511 Licensing of communications systems and base stations. a. The
commission shall require licenses for the operation of two-way radio or
other communications systems used for dispatching or conveying
information to drivers of licensed vehicles, including for-hire vehicles
or wheelchair accessible vans and shall require licenses for base
stations, upon such terms as it deems advisable and upon payment of
reasonable license fees of not more than five hundred dollars a year.
There shall be an additional fee of twenty-five dollars for late filing
of a license renewal application where such filing is permitted by the
commission.
b. The operator of a base station shall provide and utilize lawful
off-street facilities for the parking and storage of the licensed
for-hire vehicles that are to be dispatched from that base station equal
to not less than one parking space for every two such vehicles or
fraction thereof. The commission shall establish by rule criteria for
off-street parking which shall include, but not be limited to, the
maximum permissible distance between the base station and such
off-street parking facilities and the proximity of such off-street
parking facilities and the proximity of such off-street parking
facilities to residences and community facilities as defined in the
zoning resolution of the city of New York. A license for a new base
station shall only be granted where the applicant has demonstrated to
the commission prior to the issuance of such license that off-street
parking facilities sufficient to satisfy the requirements of this
subdivision shall be provided.
c. Notwithstanding the provisions of subdivision b of this section, a
license for a base station which was valid on the effective date of this
section shall only be renewed upon the condition that within two years
of such renewal the licensee shall provide off-street parking facilities
as required by subdivision b of this section.
d. (1) No license for a new base station shall be issued unless the
applicant demonstrates to the satisfaction of the commission that the
applicant will comply with the off-street parking requirements of
subdivision b of this section and the commission finds that the
operation of a base station by the applicant at the proposed location
would meet such other criteria as may be established by the commission.
Among the other factors which must be examined and considered by the
commission in making a determination to issue a license are the adequacy
of existing mass transit and mass transportation facilities to meet the
transportation needs of the public any adverse impact that the proposed
operation may have on those existing services and the fitness of the
applicant. In determining the fitness of the applicant the commission
shall consider, but is not limited to considering, such factors as the
ability of the applicant to adequately manage the base station, the
applicant's financial stability and whether the applicant operates or
previously operated a licensed base station and the manner in which any
such base station was operated. The commission shall also consider the
extent and quality of service provided by existing lawfully operating
for-hire vehicles and taxicabs.
(2) No license for a new base station shall be issued for a period of
three years subsequent to a determination in a judicial or
administrative proceeding that the applicant or any officer,
shareholder, director or partner of the applicant operated a base
station that had not been licensed by the commission.
(3) In its review of an application for a license to operate a new
base station and in its review of an application to renew a base station
license the commission shall also consider the possible adverse effect
of such base station on the quality of life in the vicinity of the base
station including, but not limited to, traffic congestion, sidewalk
congestion and noise. In its review of an application to renew a base
station license the commission shall also consider whether a
determination has been made after an administrative proceeding that the
operator has violated any applicable rule of the commission.
(4) No base station license shall be renewed where it has been
determined after an administrative proceeding that the applicant has
failed to comply with the off-street parking requirements set forth in
subdivision b of this section or as they may have been modified pursuant
to subdivision h of this section.
e. A licensed base station shall at all times have no fewer than ten
affiliated vehicles, except that a base station for which a license was
first issued prior to January 1, 1988 and which at that time had fewer
than ten affiliated vehicles or a base station which has an affiliation
with a wheelchair accessible vehicle may have as few as five affiliated
vehicles, not including black cars and luxury limousines.
f. Prior to the issuance of a license for a base station or the
renewal of a valid base station license, the applicant shall provide to
the commission a bond in the amount of five thousand dollars with one or
more sureties to be approved by the commission. Such bond shall be for
the benefit of the city and shall be conditioned upon the licensee
complying with the requirement that the licensee dispatch only vehicles
which are currently licensed by the commission and which have a current
New York city commercial use motor vehicle tax stamp and upon the
payment by the licensee of all civil penalties imposed pursuant to any
provision of this chapter.
g. Upon receiving an application for the issuance of a license for a
new base station or for the renewal of a license for a base station
pursuant to this section, the commission shall, within five business
days, submit a copy of such application to the council and to the
district office of the council member and the community board for the
area in which the base station is or would be located.
h. Notwithstanding the provisions of subdivisions b and c of this
section, the commission may reduce the number of required off-street
parking spaces or may waive such requirement in its entirety where the
commission determines that sufficient lawful off-street parking
facilities do not exist within the maximum permissible distance from the
base station or an applicant demonstrates to the satisfaction of the
commission that complying with the off-street parking requirements set
forth in such subdivisions would impose an economic hardship upon the
applicant; except that the commission shall not reduce or waive the
off-street parking requirements where it has been determined in an
administrative proceeding that the applicant, or a predecessor in
interest, has violated any provision of section 6-03 of the rules of the
commission or any successor thereto, as such may from time to time be
amended. A determination to waive or reduce the off-street parking
requirements shall be made in writing, shall contain a detailed
statement of the reasons why such determination was made and shall be
made a part of the commission's determination to approve an application
for a base station license.
i. The determination by the commission to approve an application for a
license to operate a new base station or for the renewal of a license to
operate a base station shall be made in writing and shall be accompanied
by copies of the data, information and other materials relied upon by
the commission in making that determination. Such determination shall be
sent to the council and to the district office of the council member
within whose district that base station is or would be located within
five business days of such determination being made.
Section 19-511.1
§ 19-511.1 Council review. Any determination by the commission to
approve an application for a license to operate a new base station or to
renew a license to operate a base station shall be subject to review by
the council. Within ninety days of the first stated meeting following
receipt of such determination and its accompanying materials, the
council may approve or disapprove such determination by local law, after
having adopted a resolution to review that determination. In the event
that the council fails to act by local law within the ninety day period
provided for in this section, the determination of the commission shall
remain in effect. Where a base station license would otherwise expire
while a determination by the commission to approve a renewal of such
license is pending before the council, such license shall remain in full
force and effect, unless suspended or revoked by the commission, until
either the council has passed a local law to disapprove such
determination or the period within which the council may act has
elapsed.
Section 19-512
§ 19-512 Transferability of taxicab licenses issued prior to the
effective date of this chapter. a. Any taxicab license first issued
prior to July sixteenth, nineteen hundred seventy-one, and in force on
such date, and any renewals thereof, shall be transferable to a
transferee who has demonstrated to the satisfaction of the commission
that he is qualified to assume the duties and obligations of a taxicab
owner, provided that either the applicant or his or her vendor or
transferor shall have filed a bond to cover all the outstanding tort
liabilities of the vendor or transferor in excess of the amount covered
by a bond or insurance policy which is in effect pursuant to the vehicle
and traffic law of the state of New York.
b. No voluntary sale or transfer of such taxicab license may be made
if a judgment has been filed within the city against the holder of a
license and remains unsatisfied and notice of said judgment has been
filed with the commission, except that a transfer may be permitted if an
appeal is pending from an unsatisfied judgment and a bond is filed in
sufficient amount to satisfy the judgment. A transfer may also be
permitted without filing a bond as set forth in this subdivision
provided that all the judgment creditors of unsatisfied judgments file
written permission for such a transfer with the commission or provided
that the proceeds of sale are paid into court or held in escrow on terms
and conditions approved by the commission which will have the effect of
protecting the rights of all parties who may have an interest therein.
c. An owner's interest in such taxicab license may be transferred
involuntarily and disposed of by public or private sale in the same
manner as personal property provided, however, that upon such
involuntary transfer the owner's license shall immediately be cancelled
and a new license issued to the purchaser or his or her vendee, provided
that such purchaser or vendee satisfied the requirements of subdivision
(a) hereof, except that if the judgment against the involuntary transfer
is by reason of a tort judgment against the involuntary transferor, no
bond need be provided with respect to the same judgment.
d. The commission may charge a fee of one hundred sixty dollars for
its administrative expenses in connection with the transfer (i) of an
owner's interest in a taxicab license transferable pursuant to the
provisions of this section or (ii) of the stock in a corporation which
is an owner of a taxicab license that is transferable pursuant to the
provisions of this section.
Section 19-512.1
§ 19-512.1 Revocation of taxicab, for-hire or HAIL license or
licenses. a. The commission or successor agency may, for good cause
shown relating to a direct and substantial threat to the public health
or safety and prior to giving notice and an opportunity for a hearing,
suspend a taxicab, for-hire vehicle license or a HAIL license issued
pursuant to this chapter and, after notice and an opportunity for a
hearing, suspend or revoke such license. The commission or successor
agency may also, without having suspended a taxicab, for-hire vehicle
license or a HAIL license, issue a determination to seek suspension or
revocation of such license and after notice and an opportunity for a
hearing, suspend or revoke such license. Notice of such suspension or of
a determination by the commission or successor agency to seek suspension
or revocation of a taxicab, for-hire vehicle license or a HAIL license
shall be served on the licensee by personal delivery or by certified and
regular mail within five calendar days of the pre-hearing suspension or
of such determination. The licensee shall have an opportunity to request
a hearing before an administrative tribunal of competent jurisdiction
within ten calendar days after receipt of any such notification. Upon
request such hearing shall be scheduled within ten calendar days, unless
the commission or successor agency or other administrative tribunal of
competent jurisdiction determines that such hearing would be prejudicial
to an ongoing criminal or civil investigation. If the tenth day falls on
a Saturday, Sunday or holiday, the hearing may be held on the next
business day. A decision shall be made with respect to any such
proceeding within sixty calendar days after the close of the hearing. In
the event such decision is not made within that time period, the license
or medallion which is the subject of the proceeding shall be returned by
the commission or successor agency to the licensee and deemed to be in
full force and effect until such determination is made, unless the
commission or successor agency or other administrative tribunal of
competent jurisdiction determines that the issuance of such
determination would be prejudicial to an ongoing criminal or civil
investigation.
b. It shall be an affirmative defense that the holder of the taxicab,
for-hire vehicle license or a HAIL license or the owner of the taxicab,
for-hire vehicle or HAIL vehicle has (1) exercised due diligence in the
inspection, management and/or operation of the taxicab, for-hire vehicle
or HAIL vehicle and (2) did not know or have reason to know of the acts
of any other person with respect to that taxicab license, for-hire
vehicle license or a HAIL license or taxicab, for-hire vehicle or HAIL
vehicle upon which a suspension, proposed suspension or proposed
revocation is based. With respect to any violation arising from
taximeter tampering, an owner's due diligence shall include, but not be
limited to, those actions set forth in subdivision h of section 19-507.1
of this chapter. Any pre-hearing suspension period shall be counted
towards any suspension period made in any final determination.
Section 19-513
§ 19-513 Repossessions. Any taxicab which is transferred involuntarily
because of a default in the payment or installments due under the
contract of sale, or any other contract or in any other manner whereby
the license holder's interest in the license is not also transferred,
and which is disposed according to law at public or private sale, may be
operated by the purchaser thereof or his or her vendee, provided such
purchaser or vendee is acceptable to the commission as a person suitable
to receive a license. Upon such involuntary transfer, the license of
said taxicab shall be cancelled immediately and a temporary,
nontransferable, nonrenewable license issued to such purchaser or vendee
for a period not exceeding one year upon the payment of a fee of not
exceeding one hundred dollars therefor. At the end of such time, the
original holder of the license, or his or her transferee if the license
was first issued before the effective date of this chapter, shall be
entitled to renewal of the license, provided that the provisions of
subdivision (a) of section 19-512 of this chapter are complied with by
such applicant, whether he or she is the original holder or a
transferee.
Section 19-514
§ 19-514 Color schemes and emblems. a. The exterior of all taxicabs
shall be painted yellow or any shade thereof.
b. The name of the corporate owner shall be printed on both rear doors
or on both front doors of each taxicab in such a manner as shall be
prescribed by the commission.
c. The commission may grant to any taxicab owner or association of
taxicab owners, upon proper application therefor, the exclusive right to
use one or more distinctive emblems or other identifying designs to be
displayed on the vehicles of such applicant.
d. Such applications must include colored sketches of the proposed
color schemes of the emblems or designs, together with such other and
further information as the commission may require.
e. An owner shall not use an emblem granted to another owner or
association, an emblem so similar as to lead to confusion in the mind of
the public, or an emblem granted to any association unless he or she be
a member of said association. The commission may suspend the license of
any owner violating the provisions hereof.
f. Each taxicab license shall be represented by a metal medallion
which shall bear the license number and be affixed to the outside of the
licensed taxicab. The commission may require that a notice be posted at
the main entrance of each garage housing taxicab vehicles reciting the
number of such vehicles, their license numbers and such other
information as the commission may designate.
g. Any vehicle for hire except those licensed under the provisions of
this chapter shall not bear the colors yellow, orange, or gold, or, in
combination of yellow-white, orange-white, gold-white, green-white,
blue-white or any other combination of the above said colors or color
scheme or striping in said colors.
h. Any accessible taxicab or for-hire vehicle licensed by the
commission shall display the international wheelchair insignia or other
insignia approved by the commission that identifies such vehicle as an
accessible vehicle, in a minimum of two prominent locations on such
vehicle's exterior. For purposes of this subdivision, "accessible
vehicle" shall mean any vehicle approved for use by the commission as a
taxicab or for-hire vehicle that meets the specifications and
requirements for accessible vehicles pursuant to the americans with
disabilities act of 1990, as amended, and rules promulgated by the
commission.
i. Any clean air vehicle licensed by the commission shall display the
words "CLEAN AIR VEHICLE" or such other term or symbol approved by the
commission that identifies such vehicle as a clean air vehicle in a
minimum of two prominent locations on such vehicle's exterior. For the
purposes of this subdivision, "clean air vehicle" shall mean any taxicab
or for-hire vehicle approved for use by the commission that receives an
air pollution score of 9.0 or higher from the United States
environmental protection agency or its successor agency and is estimated
to emit 6.4 tons or less of equivalent carbon dioxide per year by the
United States department of energy or its successor agency; provided
that such vehicle is powered by the fuel for which such vehicle meets
the above-specified standards. In the event the test method used by the
United States environmental protection agency or its successor agency
for determining fuel economy is adjusted in a way that impacts United
States department of energy or its successor agency estimates of
equivalent carbon dioxide emissions for motor vehicles, the commission
shall, for vehicles that fall within the affected model years, modify by
rule the equivalent carbon dioxide emissions estimate included herein so
as to appropriately reflect such adjustment's impact consistent with the
intent of this section.
Section 19-515
§ 19-515 Color schemes and emblems. a. For-hire vehicles may be
painted any color approved by the commission, other than the colors
reserved for medallion taxis.
b. For-hire vehicles shall have the name of the owner or operator
displayed on the outside or inside of the vehicle in such form as shall
be prescribed by the commission, except that the commission may
prescribe an exemption from this requirement for classes of for-hire
vehicles for which such display would be inappropriate. All for-hire
vehicles must at all times carry in the glove compartment and produce
upon demand of any police, peace, law enforcement officer, inspector or
officer of the commission:
1. The for-hire vehicle license.
2. The driver's for-hire vehicle-driver's license.
3. Evidence of current liability insurance or financial
responsibility.
Section 19-516
§ 19-516 Acceptance of passengers by for-hire vehicles and commuter
vans. a. For-hire vehicles that do not possess a valid HAIL license may
accept passengers only on the basis of telephone contract or
prearrangement. The commission or successor agency may establish such
disciplinary actions as it deems appropriate for failure to abide by the
provisions of this chapter.
b. No commuter van service and no person who owns, operates or drives
a commuter van, shall provide, permit or authorize the provision of
transportation service to a passenger unless such service to a passenger
is on the basis of a telephone contract or other prearrangement and such
prearrangement is evidenced by such records as are required by the
commission to be maintained. Where a violation of this subdivision has
been committed by a driver of a commuter van, the commuter van service
and the owner of such vehicle shall also be liable for a violation of
this subdivision.
Section 19-517
§ 19-517 For-hire vehicle licenses. The commission may require that a
notice be posted at the main entrance of each garage housing for-hire
vehicles reciting the number of such vehicles, their license numbers and
such other information as the commission may designate.
Section 19-518
§ 19-518 Transfer of licenses. a. No for-hire vehicle license shall be
transferred or assigned, nor shall such vehicle license be used in
affiliation with any garage or business location other than the location
stated in such license.
b. Any base station license or ownership interest in the licensee may
be transferred to a proposed transferee who has demonstrated to the
satisfaction of the commission the qualifications to assume the duties
and obligations of a base station owner provided that either the
transferor or transferee shall have filed a bond to cover all the
outstanding tort liabilities of the transferor arising out of the
operation of a base station and the for-hire vehicles owned by the
transferor which is in excess of the amount covered by any bond or
insurance policy in effect pursuant to the vehicle and traffic law, and
all outstanding fines, penalties and other liabilities which the
transferor owes to the commission shall have been satisfied. All such
transfers and any changes in corporate offices or directors must be
approved by the commission in order to be effective. The commission
shall establish by rule the factors to be considered for approval of a
proposed transferee, officer or director which shall include, but not be
limited to, the criminal history of the proposed transferee and of the
transferee's officers, shareholders, directors and partners, if any, or
the proposed officers or directors, in a manner consistent with article
twenty-three-A of the correction law, any relevant information
maintained in the records of the department of motor vehicles or the
commission, and transferee's financial stability.
c. A transfer shall not be approved if in the past two years, the
proposed transferee or any officer, shareholder, director or partner of
the proposed transferee, where appropriate, has been found to have
violated any law or rule involving:
(i) assaultive behavior toward a passenger, official or member of the
public in connection with any matter relating to a for-hire vehicle;
(ii) conviction for giving or offering an unlawful gratuity to a
public servant, as defined in section 10.00 of the penal law;
(iii) providing the commission with false information; or
(iv) three unexplained failures to respond to an official
communication of the commission or the department of investigation which
was sent via certified mail, return receipt requested.
d. No voluntary transfer of a base station license may be made if a
judgment in favor of the city of New York or any agency thereof or any
state or federal agency has been docketed with the clerk of any county
within the city of New York against the licensee and remains
unsatisfied, except that a transfer may be permitted if an appeal is
pending from an unsatisfied judgment and a bond is filed in an amount
sufficient to satisfy the judgment. A transfer may also be permitted
without filing a bond as set forth in this subdivision provided that all
the judgment creditors of a licensee file written permission for such a
transfer with the commission or that the proceeds from the transfer are
paid into court or held in escrow on terms and conditions approved by
the commission which will have the effect of protecting the rights of
all parties who may have an interest therein.
e. The commission may by rule establish a fee in connection with an
application to transfer a base station license or an ownership interest
in a base station licensee.
f. The commission shall revoke any base station license for nonuse in
the event it shall find after a public hearing that the base station has
not been in operation for sixty consecutive days, provided that such
failure to operate shall not have been caused by strike, riot, war,
public catastrophe or other act beyond the control of the licensee.
Where the commission finds that a particular base station cannot be
operated due to an act beyond the control of the licensee, a replacement
base station license shall be issued to the same licensee for an
alternative location, provided that all other requirements for such
license are met and provided further that the unexpired term of the
original license is six months or more.
Section 19-519
§ 19-519 Anti-noise and air pollution provisions.
a. Definitions. The term "octane rating" shall mean research octane
rating or number measured by the research method.
The term zero grams lead per gallon shall include gasoline containing
up to 0.075 grams of lead per gallon.
b. Effective July first, nineteen hundred seventy-one, all motor
vehicles licensed under the provisions of this chapter, which are
manufactured in the model years nineteen hundred seventy-two or later,
shall be equipped with an engine designed to operate on non-leaded
gasoline. All motor vehicles manufactured prior to the nineteen hundred
seventy-two model year which are licensed under the provisions of this
chapter shall operate in the city on the effective dates set forth below
only on gasoline which contains no more than the following amount of
lead by weight for the respective octane ranges as follows:
96 Octane No. 96 Octane No.
& Above & Below
1. On and after July 1, 1971... 2.0 grams per gal. 1.5 grams per gal.
2. On and after Jan. 1, 1972... 1.0 grams per gal. 1.0 grams per gal.
3. On and after Jan. 1, 1973... 0.5 grams per gal. 0.5 grams per gal.
4. On and after Jan. 1, 1974... zero grams zero grams
c. Effective July first, nineteen hundred seventy-one, all motor
vehicles manufactured in model years prior to nineteen hundred seventy,
which are licensed under the provisions of this chapter shall be
equipped with such emission control devices or otherwise comply with the
standards governing levels of emissions for carbon monoxide,
hydrocarbons and oxides of nitrogen applicable to light duty vehicles
and engines manufactured in model year nineteen hundred seventy in
accordance with Federal Public Law 91-604 cited as the "Clear Air
Amendments of nineteen hundred seventy."
d. Effective July first, nineteen hundred seventy-one, all motor
vehicles manufactured in model years nineteen hundred seventy-one and
thereafter, which are licensed under the provisions of this chapter
shall be equipped with such emission control devices or otherwise comply
with the standards governing levels of emissions for particulates,
carbon monoxide, hydrocarbons and oxides of nitrogen established by the
commission, which in no event shall be less stringent than those
promulgated by federal, state or local agencies, whichever is most
stringent.
e. No driver shall operate or use a horn or similar signal device
installed on a licensed vehicle except as a signal of imminent danger.
The commission shall issue regulations and adopt programs facilitating
the enforcement of subdivision a and paragraph one of subdivision b of
section 10-107 of the code and shall be authorized to entertain
complaints against drivers of licensed vehicles charged with a violation
thereof.
Section 19-520
§ 19-520 Advisory Board. a. Taxi and limousine commission advisory
board. There shall be an advisory board whose members shall be appointed
for two-year terms by the mayor and the speaker of the council to enable
the commission to be kept aware of current views of all segments of the
industries regulated by the commission and of the public and to be
available to the commission to provide the expertise of its members for
the better administration of the commission and service to the public.
Such advisory board shall consider and provide recommendations to the
commission regarding issues related to such industries, including, but
not limited to, the promulgation of rules, enforcement of existing laws
and rules, and issues related to accessibility, safety regulations,
fees, rates, work conditions and other industry matters.
b. The advisory board shall consist of twenty-four members, including
each chairperson of the transportation, consumer affairs, and finance
committees of the council or such chairpersons' designees, as well as
one member of each of the following groups:
(1) a taxicab medallion owner who is not required by law to drive his
or her taxicab;
(2) a taxicab medallion owner who is required by law to drive his or
her taxicab;
(3) an individual who acts as an agent for those who lease taxicab
medallions to drivers who own or lease their own vehicles;
(4) an individual who represents an institution which lends money for
the purpose of purchasing or financing taxicab medallions;
(5) a taxicab driver who does not own a taxicab medallion and leases a
taxicab on a contract term that is on a daily or weekly basis;
(6) a taxicab driver who does not own a taxicab medallion but owns his
or her own taxicab or leases a taxicab on a contract term that is other
than on a daily or weekly basis;
(7) an advocate for the disability community;
(8) an advocate for taxicab passengers;
(9) an advocate for passengers of for-hire vehicles;
(10) a commuter van service driver or operator;
(11) an operator of a black car base;
(12) an operator of a luxury limousine base;
(13) a driver of a black car vehicle;
(14) a driver of a luxury limousine vehicle;
(15) a driver of a for-hire vehicle other than a luxury limousine or
black car;
(16) an operator of a paratransit base;
(17) a driver of a wheelchair accessible taxicab or for-hire vehicle;
(18) a holder of a HAIL vehicle permit as applicable;
(19) an advocate for the environment;
(20) an operator of a base station that has a permit issued by the
commission to dispatch one or more HAIL vehicles as applicable; and
(21) an operator of a base station that does not have a permit to
dispatch any HAIL vehicles as applicable.
c. Except for the chairpersons of the transportation, finance and
consumer affairs committees or such chairpersons' designees, eight of
the members of the advisory board set forth in subdivision b of this
section shall be appointed by the speaker of the council and thirteen
shall be appointed by the mayor all for two-year terms, none of whom
shall be an employee or staff member of the council or the commission.
No members of such advisory board serving two-year terms shall be
eligible to serve more than two consecutive two-year terms. The board
shall meet no less often than every three months beginning after the
complete board is initially appointed.
d. Not more than thirty days following any meeting of the advisory
board held pursuant to this section, the commission shall provide to the
council and to all board members a written summary of such meeting,
including but not limited to any recommendations made by such advisory
board.
e. Nothing contained in this section shall preclude any members of the
commission from holding meetings with members of the board or other
interested industry members that are not advisory board meetings.
Section 19-521
§ 19-521 Central dispatcher services at all major transit terminals.
a. The commission shall institute a plan for the industry relating to
the establishment of a central dispatch system operating at all air
terminals within the city of New York. Such a program shall be
instituted at all such air terminals to provide service to any and all
points in the five boroughs, and in such other locations as from time to
time the commission shall deem necessary.
Section 19-522
§ 19-522 Group riding. The commission shall institute a group riding
plan for the taxi industry in the city of New York. Initially, this plan
shall encompass, minimally, a pilot group riding program from John F.
Kennedy international airport to any and all points in the five
boroughs, providing dispatchers at the various airport terminals and a
central dispatching system to expedite passenger conveyance. After sixty
days from the start of such program at John F. Kennedy international
airport, the commission shall seek to establish group riding programs at
various points in the five boroughs, to be designated by the commission,
with the view to increasing taxicab availability to and from the
outlying sections of the city to meet the maximum demands for taxi
service.
Section 19-523
§ 19-523 Service in areas outside the Manhattan central business
district. a. At the time of the submission of a final environmental
impact statement to the council pursuant to section 19-504.1, the
commission shall submit a written report to the council setting forth
its plan for improving taxicab and for-hire vehicle service in the areas
of the city lying outside of the central business district of the
borough of Manhattan.
b. The commission shall develop such plan in consultation with
community and business leaders, representatives of the taxicab and
for-hire vehicle industries and members of the general public. The
commission shall conduct at least one public hearing in each of the five
boroughs concerning the development of such a plan.
c. The commission shall consider a broad range of service, pricing and
regulatory options including, but not limited to, imposing additional
requirements to ensure taxicab availability in areas of the city lying
outside of the central business district of the borough of Manhattan,
establishing group riding programs at various points in the five
boroughs, instituting double shifting and shift time changes for
taxicabs, altering the fare structure for taxicabs and improving
compliance with the requirements of paragraphs one and two of
subdivision a of section 19-507. The report to the council shall include
a thorough assessment of each possible option for improving service, the
commission's recommendations as to which options should be implemented
and a timetable for implementing these options.
Section 19-525
§ 19-525 Permits for exterior advertising. a. No vehicle licensed
pursuant to the provisions of this chapter shall carry any advertising
on the exterior of such vehicle, including its roof and trunk, unless
the owner thereof shall first have obtained from the commission a permit
to carry such exterior advertising.
b. Such permits shall be issued as of September first, and shall
expire on August thirty-first next succeeding unless sooner surrendered,
suspended, revoked or terminated.
c. The fee for the issuance of such permit shall not exceed fifty
dollars annually. If the permit so issued is surrendered to the
commission by the permittee within six months of its date of issuance,
one-half of the fee paid shall be refunded to the permittee.
d. Applications for such permits shall be filed with the commission
upon forms which shall be provided by the commission.
e. The commission shall promulgate such rules and regulations as are
necessary to carry out the provisions of this section, including but not
limited to the type and size of any advertising matter.
f. Notwithstanding any other provision of law to the contrary, the
commission may revoke any individual permit or the permits of any one
medallion ownership corporation, issued pursuant to this section for
exterior advertising, if advertising showed in the exterior display is
offensive to public morals, and is not removed from public display
within a period of fifteen days upon specific request for such action
from the taxi and limousine commission.
g. No permit issued under this section shall be transferred or
assigned.
Section 19-527
§ 19-527 Licensing of taxicab brokers. a. For purposes of this section
"taxicab broker" means a person, partnership or corporation who, for
another and whether or not acting for a fee, commission or other
valuable consideration, acts as an agent or intermediary in negotiating
the purchase or sale of a taxicab or of stock of or in a corporation
which is an owner as defined in subdivision i of section 19-501 of this
chapter, or in negotiating a loan secured or to be secured by an
encumbrance upon or transfer of a medallion, vehicle license or licensed
vehicle. A purchase or sale under this subdivision shall include a
purchase or sale of or under a reserve title contract, conditional sales
agreement or vendor lien agreement.
b. On and after the first day of January nineteen hundred eighty-five,
no person shall engage in the business or occupation of, or hold
himself, herself or itself out or act temporarily or otherwise as a
taxicab broker without first obtaining a license therefor from the
commission. Such licenses shall be issued as of January first and shall
expire on December thirty-first next succeeding, unless sooner suspended
or revoked by the commission.
c. The license fee shall be five hundred dollars for a license and
five hundred dollars for each subsequent renewal thereof. If a license
is granted for a period of six months or less the fee shall be one-half
of the annual fee.
d. Applications for taxicab broker licenses and for the renewal
thereof shall be filed with the commission in such form and containing
such detail as the commission shall prescribe. Each application shall be
subscribed by the applicant; or if made by a partnership it shall be
subscribed by a member thereof; or if made by a corporation it shall be
subscribed by an officer thereof. Each application shall contain an
affirmation by the person so subscribing that the statements therein are
true under the penalties of perjury.
e. Before such license is issued, an applicant shall deposit with the
commission, a bond in the penal sum of fifty thousand dollars containing
one or more sureties to be approved by the commission. Such bond shall
be payable to the city and shall be conditioned that the person applying
for the license will comply with the provisions of this section and any
rules or regulations of the commission; and shall pay all fines imposed
by the commission pursuant to subdivision f hereof and all judgements
awarding from damages occasioned to any person by reason of any
misrepresentation, fraud or deceit, or any unlawful act or omission of
such licensee, his or her agents or employees, while acting within the
scope of their employment, made, committed or omitted in the business
conducted under such license, or caused by any other violation of this
section in carrying on the business for which such license is granted.
f. The commission may revoke or suspend a taxicab broker license;
impose a fine not exceeding ten thousand dollars on a licensee; or deny
an application for a taxicab broker license if after notice and hearing
it finds that a licensee or applicant has:
(1) made a material misstatement or misrepresentation on an
application for a taxicab broker license or the renewal thereof;
(2) made a material misrepresentation or committed a fraudulent,
deceitful or unlawful act or omission while engaged in the business or
occupation of or holding himself, herself or itself out or acting
temporarily or otherwise as a taxicab broker;
(3) violated any provision of this section or any rule or regulation
of the commission.
g. The commission shall establish the fee and/or commission rates to
be charged by any taxicab broker.
h. Any person who violates the provisions of subdivision b of this
section shall be guilty of a misdemeanor punishable by a fine of not
less than one hundred dollars nor more than five hundred dollars and
shall also be liable for a civil penalty of not less than one hundred
dollars nor more than five hundred dollars.
Section 19-528.
§ 19-528. Additional powers of the commission with respect to
unlicensed activities.
a. It shall be unlawful for any person required to be licensed
pursuant to the provisions of this chapter to engage in any trade,
business or activity for which a license is required without such
license.
b. In addition to the enforcement procedures set forth in section
19-506 of this chapter, the commission, after notice and a hearing,
shall be authorized:
1. to impose fines upon any person in violation of subdivision a of
this section of one hundred dollars per violation per day for each and
every day during which such person violates such subdivision.
2. to order any person in violation of subdivision a of this section
immediately to discontinue such activity at the premises from which such
activity is occurring.
3. to order that such premises from which such activity is occurring
be sealed, provided that such premises are primarily used for such
activity.
c. Orders of the commission issued pursuant to this subdivision shall
be posted at the premises from which unlicensed activity occurs in
violation of this section.
d. Orders of the commission issued pursuant to paragraphs two or three
of subdivision b of this section shall be stayed with respect to any
person who, prior to service of the notice provided in subdivision b of
this section, had submitted a full and complete application in proper
form and accompanied by the requisite fee for a license or the renewal
of a license while such application is pending.
e. Ten days after the posting of an order issued pursuant to
paragraphs two or three of subdivision b of this section and upon the
written directive of the commission, officers and employees of the
commission and officers of the New York city police department are
authorized to act upon and enforce such orders.
f. The commission shall order that any premises which are sealed
pursuant to this section shall be unsealed upon:
1. payment of all outstanding fines; and
2. presentation of proof that a license has been obtained for such
activity or, if such person or premises are for any reason ineligible to
obtain a license, proof satisfactory to the commission that such
premises will not be used in violation of this section.
g. It shall be a misdemeanor for any person to remove the seal on any
premises sealed in accordance with an order of the commission.
h. The owner or other person lawfully entitled to reclaim the contents
of the premises sealed pursuant to this section shall reclaim such
contents. If such owner or such other person does not reclaim such
contents within ninety days of the premises having been sealed, such
contents shall be subject to forfeiture upon notice and judicial
determination in accordance with provisions of law. Upon forfeiture the
commission shall, upon a public notice of at least five days, sell such
forfeited contents at public sale. The net proceeds of such sale, after
deduction of the lawful expenses incurred, shall be paid into the
general fund of the city.
Section 19-529
§ 19-529 Seat and shoulder belts required. a. Beginning with the 1991
model year, for each seating position, every taxicab and for-hire
vehicle shall be equipped with seat belts and, for every outside
passenger position, shall be equipped with shoulder belts.
b. All seat and shoulder belts required by this section or by any
provision of state or federal law shall be clearly visible, accessible
and shall be maintained in good working order. No safety belt installed
in a motor vehicle in accordance with the provisions of this section or
in accordance with the provisions of state or federal law or the rules
or regulations issued by the New York State Department of Transportation
or the United States Department of Transportation, shall be removed from
said motor vehicle.
c. The owner of any licensed vehicle found to be in violation of
subdivision a or b hereof shall be fined not less than one hundred nor
more than two hundred fifty dollars.
d. At each inspection of a licensed taxicab or for-hire vehicle made
pursuant to subdivision f of section 19-504 of this chapter, failure to
comply with subdivision a or b hereof shall be evidence that such
vehicle fails to meet reasonable standards for safe operation and shall
constitute cause for the suspension of said vehicle license by the
commission.
Section 19-529.1
§ 19-529.1 Prohibited acts relating to commuter vans. a. No commuter
van service and no person who owns, operates or drives a commuter van
shall solicit, pick up or discharge passengers, or permit or authorize
the solicitation, pick up or discharge of passengers:
(1) outside of the geographical area set forth in the authorization to
operate a commuter van service issued pursuant to section 19-504.2 of
this chapter; or
(2) at stops of, or along a route which is traveled upon by a bus line
which is operated by the New York city transit authority or the city or
a private bus company which has been granted a franchise by the city.
The prohibition contained in this paragraph shall not apply to the pick
up or discharge of passengers in the borough of Manhattan south of
Chambers Street by commuter van services who on July first, nineteen
hundred ninety-two had authority from the state department of
transportation to pick up or discharge passengers along bus routes in
such area, provided that the scope of operations by such commuter van
services along bus routes in such area shall not exceed the scope of
such operations prior to July first, nineteen hundred ninety-two.
b. Where a violation of subdivision a of this section has been
committed by a driver of a commuter van, the commuter van service and
the owner of such vehicle shall also be liable for a violation of
subdivision a of this section.
Section 19-529.2
§ 19-529.2 Seizure of commuter vans. a. A police officer or agent of
the commission may, upon service of a notice of violation upon the owner
or operator of a commuter van, seize a vehicle which such police officer
or agent of the commission has reasonable cause to believe is being
operated as a commuter van service by or on behalf of a person who is
not operating pursuant to a current, valid authorization or operating as
a commuter van without a commuter van license as required by this
chapter. All passengers in any seized vehicle shall be left in or
transported to a location which is readily accessible to other means of
public transportation. Any vehicle seized pursuant to this section shall
be delivered into the custody of the city.
b. Within one business day after the seizure of a vehicle pursuant to
this section, notice of such seizure and a copy of the notice of
violation shall be mailed to the owner of such vehicle at the address
for such owner set forth in the records maintained by the New York state
department of motor vehicles, or, for vehicles not registered in New
York state, such equivalent record in such state of registration.
c. A hearing to adjudicate the violation underlying the seizure shall
be held before the commission or an administrative tribunal thereof
within five business days after the date of the seizure. The commission
or an administrative tribunal thereof shall, within one business day of
the conclusion of the hearing, render a determination as to whether the
vehicle has been operated by or on behalf of a person who is not the
holder of a current, valid authorization or has been operated without a
commuter van vehicle license required by this chapter.
d. An owner shall be eligible to obtain release of the vehicle prior
to such hearing if such owner has not previously been found liable in an
administrative or judicial proceeding for operating a vehicle as a
commuter van service without a current, valid authorization or operating
a commuter van without a commuter van license as required by this
chapter, which violation was committed within a five year period prior
to the violation resulting in the seizure. The vehicle shall be released
to an eligible owner upon the posting of a bond in a form satisfactory
to the commission in an amount that shall not exceed the maximum civil
penalties which may be imposed for the violation underlying the seizure
and all reasonable costs for removal and storage of such vehicle.
e. Where the commission or an administrative tribunal thereof, after
adjudication of the violation underlying the seizure, shall find that
the vehicle has been operated as a commuter van by or on behalf of a
person who is not the holder of a current, valid authorization or
operated as a commuter van without a commuter van license:
(1) if the vehicle is not subject to forfeiture pursuant to section
19-529.3 of this chapter, the commission shall release such vehicle to
an owner upon payment of the applicable civil penalties and all
reasonable removal and storage costs; or
(2) if the vehicle is subject to forfeiture pursuant to section
19-529.3 of this chapter, the commission may release such vehicle to an
owner upon payment of the applicable civil penalties and all reasonable
removal and storage costs, or may commence a forfeiture action pursuant
to section 19-529.3 of this chapter within ten days after the owner's
written demand for such vehicle.
f. Where the commission or an administrative tribunal thereof, after
adjudication of the violation underlying the seizure, finds that the
charge of operating without an authorization or commuter van license has
not been sustained, the vehicle shall be released to the owner.
If an owner or representative of such owner has not sought to reclaim
a seized vehicle within thirty days after mailing of notice to such
owner of the final adjudication by the commission or such administrative
tribunal of the violation underlying the seizure, such vehicle shall be
deemed by the commission to be abandoned. Such vehicle shall be disposed
of by the city pursuant to section twelve hundred twenty-four of the
vehicle and traffic law; provided, however, that notwithstanding any
inconsistent provision of section twelve hundred twenty-four of such
law, if an owner seeks to reclaim such vehicle pursuant to section
twelve hundred twenty-four of such law, such owner shall be deemed to
have made a written demand for such vehicle and the commission shall
take such action as may be authorized by subdivision e or f of this
section.
Section 19-529.3
§ 19-529.3 Forfeiture of commuter vans. a. In addition to the
penalties, sanctions and remedies provided in this chapter or
subdivisions six and seven of section one hundred forty-five of the
transportation law, a vehicle seized pursuant to section 19-529.2 of
this chapter, and all rights, title and interest therein, shall be
subject to forfeiture to the city in accordance with the provisions of
this section upon judicial determination thereof, if the owner of such
vehicle has been found liable at least two times in an administrative or
court proceeding for operating a commuter van or other such common
carrier by or on behalf of a person who is not the holder of a current,
valid authorization or operating a commuter van without a commuter van
license as required by this chapter, both of which violations were
committed within a five-year period.
b. A forfeiture action which is commenced pursuant to this section
shall be commenced by filing of a summons with notice or a summons and
complaint pursuant to the New York civil practice law and rules, and
such summons with notice or summons and complaint shall be served
pursuant to subdivision c of this section. A vehicle which is the
subject of such an action shall remain in the custody of the city
pending the final determination of the forfeiture action.
c. Service of a summons with notice or a summons and complaint shall
be made:
(1) by personal service pursuant to the New York civil practice law
and rules upon all owners of the vehicle listed in the records
maintained by the New York state department of motor vehicles, or for
vehicles not registered in New York state, in the records maintained by
the state of registration;
(2) by first class mail upon all individuals who have notified the
commission or an administrative tribunal thereof that they are an owner
of the vehicle; and
(3) by first class mail upon all persons holding a security interest
in such vehicle which security interest has been filed with the New York
state department of motor vehicles pursuant to the provisions of title
ten of the New York state vehicle and traffic law, at the address set
forth in the records of the New York state department of motor vehicles,
or, for vehicles not registered in New York state, all persons holding a
security interest in such vehicle which security interest has been filed
with such state of registration at the address provided by such state of
registration.
d. Any owner who receives notice of the institution of a forfeiture
action who claims an interest in the vehicle subject to forfeiture shall
assert a claim for the recovery of the vehicle or satisfaction of the
owner's interest in such vehicle by intervening in the forfeiture action
in accordance with the New York civil practice law and rules. Any person
with a security interest in such vehicle who receives notice of the
institution of the forfeiture action who claims an interest in such
vehicle subject to forfeiture shall assert a claim for satisfaction of
such person's security interest in such vehicle by intervening in the
forfeiture action in accordance with the New York civil practice law and
rules.
e. No vehicle shall be forfeited pursuant to this section, to the
extent of the interest of a person who claims an interest in the
vehicle, if such person shall plead and prove as an affirmative defense
that:
(1) the use of the vehicle for the conduct that was the basis for the
seizure occurred without the knowledge of such person, or, if such
person had knowledge of such use, without the consent of such person,
and that such person did not knowingly obtain such interest in the
vehicle in order to avoid the forfeiture of such vehicle; or
(2) the conduct that was the basis for the seizure was committed by
any person other than such person claiming an interest in the vehicle,
while such vehicle was unlawfully in the possession of a person who
acquired possession thereof in violation of the criminal laws of the
United States or any state.
f. For purposes of subdivision e of this section, if such person
claiming an interest in the vehicle had knowledge of the use of the
vehicle for the conduct that was the basis for such seizure, such person
shall be deemed to have consented to the unlawful conduct unless such
person establishes that he or she did all that could reasonably have
been done to prevent the use of the vehicle for such unlawful conduct.
g. The city, after judicial determination of forfeiture, shall, at its
discretion, either:
(1) retain such vehicle for the official use of the city; or
(2) by public notice of at least twenty days, sell such forfeited
vehicle at public sale. The net proceeds of any such sale shall be paid
into the general fund of the city.
h. At any time within six months after the forfeiture, any person
claiming an interest in a vehicle which has been forfeited pursuant to
this section who was not sent notice of the commencement of the
forfeiture action pursuant to subdivision b or c of this section or who
did not otherwise receive actual notice of the forfeiture action may
assert, in an action commenced before the justice of the supreme court
before whom the forfeiture action was held, such claim as could have
been asserted in such forfeiture action pursuant to this section. The
court may grant the relief sought upon such terms and conditions as it
deems reasonable and just if such person claiming an interest in the
vehicle establishes that he or she was not sent notice of the
commencement of the forfeiture action and was without actual knowledge
of the forfeiture action and establishes either of the affirmative
defenses set forth in subdivision e of this section.
i. In any action commenced pursuant to subdivision b or h of this
section, where the court awards a sum of money to one or more persons in
satisfaction of such person's or persons' interest or interests in the
forfeited vehicle, the total amount awarded to satisfy such interest or
interests shall not exceed the amount of the net proceeds of the sale of
the forfeited vehicle, after deduction of the lawful expenses incurred
by the city, including the reasonable costs of removal and storage of
the vehicle between the time of seizure and the date of sale.
Section 19-529.4
§ 19-529.4 Color schemes and emblems and additional requirements for
commuter vans. a. Commuter vans shall have the name of the vehicle
owner, the name of the person holding the authorization pursuant to
which such vehicle is operating and evidence of such authorization
displayed on the outside and inside of the vehicle in such form as shall
be prescribed by the commission.
b. Commuter vans shall display a sticker on at least the front, back
and sides of such vehicles containing a unique emblem in such form as
shall be prescribed by the commission. The commission shall issue such
stickers to the commuter van owner upon the issuance of a commuter van
license and such sticker shall:
(1) be large enough to be easily seen by law enforcement officers and
members of the public;
(2) include information uniquely identifying the van, which may
include make and model, color(s) of such van, license plate number or
information about the commuter van license and the term of such license;
(3) be hard to replicate, with security features such as holograms or
other security features as prescribed by the commission; and
(4) include any other information or features as prescribed by the
commission.
c. Commuter vans may be painted any color approved by the commission,
other than the colors reserved for medallion taxis.
d. All commuter vans shall at all times carry inside the vehicle and
the operator shall produce upon demand of any officer or employee
designated by the commission, any police officer or any authorized
officers or employees of the department of transportation or the New
York city transit authority:
1. the commuter van license;
2. the driver's commuter van driver's license;
3. the authorization to operate a commuter van service, or copy
thereof reproduced in accordance with the specifications set forth in
rules of the commission;
4. the vehicle registration and evidence of current liability
insurance; and
5. a passenger manifest, and such records evidencing prearrangement as
are prescribed by rule of the commission.
Section 19-529.5
§ 19-529.5 Construction. The provisions of this chapter authorizing
penalties, sanctions and remedies shall not be construed to supersede
the provisions of subdivisions six and seven of section one hundred
forty-five of the transportation law but shall be construed to provide
penalties, sanctions and remedies in addition to those provided in such
subdivisions.
Section 19-529.6
§ 19-529.6 Applicability. The provisions of this chapter shall not
apply to the operations by a commuter van service of commuter vans to or
from an airport in the city when such commuter van service or commuter
vans have been issued a permit by the port authority of New York and New
Jersey to operate at an airport in the city or apply for such permit and
within a reasonable period of time are issued such permit by such
authority.
Section 19-530
§ 19-530 Licensing of agents. a. It shall be unlawful to act as an
agent without first obtaining a license therefor from the commission.
Such licenses shall be issued for a period not to exceed one year and
shall expire on December thirty-first of the year in which it was
issued, unless sooner suspended or revoked by the commission.
b. The fee for such a license or a renewal of such a license shall be
five hundred dollars. However, if a license is granted for a period of
six months or less, the fee shall be two hundred fifty dollars.
c. Any person who violates the provisions of subdivision a of this
section shall be guilty of a misdemeanor punishable by a fine of not
less than five hundred dollars nor more than one thousand dollars and
shall also be liable for a civil penalty of not less than five hundred
dollars nor more than one thousand dollars. Such person shall also be
subject to the provisions of subdivision f of this section.
d. An application for a license required by subdivision a of this
section and for the renewal thereof shall be filed with the commission
and shall be in such form as the commission shall prescribe. An
application for such license shall be submitted on behalf of a sole
proprietorship by the proprietor; on behalf of a partnership by a
general partner thereof; on behalf of a corporation by an officer or
director thereof; or by any other type of business entity by the chief
executive officer thereof, irrespective of organizational title. The
application shall contain a sworn and notarized statement by such
individual that the statements therein are true under the penalties of
perjury.
e. Before such license is issued, an applicant shall deposit with the
commission a bond, the amount of which shall be determined by rule of
the commission, containing one or more sureties to be approved by the
commission. Such bond shall be payable to the city and shall be
conditioned on the licensee complying with the provisions of this
section and any applicable rules of the commission; payment of all civil
penalties imposed pursuant to subdivision f of this section; and payment
of all judgments or settlements arising from damages occasioned to any
person by reason of any misrepresentation, fraud or deceit, or any
unlawful act or omission of such licensee or an employee, officer,
director, partner, owner of more than ten percent of the outstanding
stock of the licensee or the chief executive officer of such licensee
while such individual is acting on behalf of such licensee, or any other
violation of this section.
f. The commission may deny an application for a license or renewal of
a license or, after notice and hearing, revoke or suspend any license
issued pursuant to this section, and/or impose a civil penalty not
exceeding ten thousand dollars on a licensee, if it finds that an
applicant, a licensee, any officer, director, partner, or owner of more
than ten percent of the outstanding stock of an applicant or licensee,
or the chief executive officer of an applicant or licensee has: (1) made
a material misstatement or misrepresentation on an application for such
a license or the renewal thereof; or (2) made a material
misrepresentation or omission or committed a fraudulent or unlawful act
while engaged in the business or occupation of, or holding himself,
herself or itself out as an agent. Such acts shall include but not be
limited to: (i) presentation of a vehicle for inspection by the
commission with a vehicle identification number other than the one under
which such vehicle is licensed by the commission; (ii) operation of a
vehicle with a vehicle identification number which has been removed and
reattached, or which is other than the one under which such vehicle is
licensed by the commission; (iii) presentation of a document to the
commission which falsely states that insurance requirements with respect
to a licensed vehicle have been met; and (iv) conviction of bribing or
attempting to bribe any officer or employee of the commission; or (3)
violated any provision of this section or any applicable rule of the
commission.
g. Prior to the issuance of any license pursuant to this section, the
applicant shall be fingerprinted by a person designated for such purpose
by the chairperson and pay a fee to be submitted by the chairperson to
the state division of criminal justice services for the purposes of
obtaining criminal history records. For purposes of securing a license
pursuant to this section, fingerprints shall be taken of the proprietor
if the applicant is a sole proprietorship; all the general partners if
the applicant is a partnership; all the officers, directors, and owners
of more than ten percent of the outstanding stock of the corporation if
the applicant is a corporation; and if the applicant is another type of
business entity, the chief executive officer, irrespective of
organizational title.
h. An application for a license required by this section or the
renewal thereof may be denied where the proprietor, any general partner,
officer, director or any owner of ten percent or more of the outstanding
stock of the applicant or the chief executive of the applicant as is
appropriate, has been convicted of a crime which under article
twenty-three-A of the correction law would provide a basis for the
denial of such license or renewal.
i. An agent licensed pursuant to this section shall be subject to all
applicable rules of the commission.
j. Agents licensed pursuant to this section shall promptly respond to
and comply with all inquiries, directives, summonses and other
communications from the commission or from the New York city department
of investigation, and shall make their business premises and books and
records available upon request for inspection by employees or designees
of the commission.
k. Any agent acting on behalf of an owner who leases or otherwise
dispatches one or more taxicabs for return at the end of a shift shall
maintain business premises in a location zoned for the operation of such
business with:
(i) sufficient off-street space at or near its business premises to
store the lesser of 25 vehicles or the following: fifty percent of the
taxicabs leased on a daily or shift basis, plus five percent of the
taxicabs leased for longer than one day;
(ii) sufficient office space to conduct business, where all records
required by the commission, including trip sheets and driver records are
kept;
(iii) regular business hours, including the hours of 9:00 a.m. through
5:00 p.m. on every weekday other than legal holidays; and
(iv) a business address and telephone number on file with the
commission.
l. Nothing herein shall relieve the owner of a taxicab medallion of
responsibility for compliance with any applicable provision of law or
rule. Such owner shall be fully responsible for the operation of a
vehicle bearing such medallion, including compliance with all regulatory
requirements applicable to such vehicle, regardless of the appointment
by such owner of an agent licensed pursuant to this section.
Section 19-531
§ 19-531 Public sale of taxicab licenses. Notwithstanding any other
provision of this chapter to the contrary, the commission is hereby
authorized to issue additional taxicab licenses, provided, however, that
the number of such additional licenses issued shall not exceed four
hundred. Such additional licenses shall be issued by public sale and
shall be fully transferable, and shall be subject to the provisions of
this chapter and of chapter sixty-five of the New York city charter,
except that they shall not be subject to the provisions of section
19-504.1 of this code. The commission shall prescribe by regulation the
procedures for the issuance and public sale of such additional licenses,
by public auction, sealed bids or other competitive process.
Section 19-532
§ 19-532 Public sale of additional taxicab licenses. a.
Notwithstanding any other provision of law to the contrary, the
commission is hereby authorized to issue additional taxicab licenses,
provided, however, that such additional licenses shall be issued only
after completion by the commission of such review as may be required by
article eight of the New York state environmental conservation law. Such
additional licenses shall be issued in a number not to exceed the number
of taxicab licenses whose public sale was authorized by chapter
sixty-three of the laws of two thousand three, and shall be fully
transferable and subject to the provisions of this chapter and of
chapter sixty-five of the New York city charter. The commission shall
prescribe by rule the procedures for the issuance and public sale of
such additional licenses, by public auction, sealed bids or other
competitive process.
b. Of the total number of taxicab licenses issued by the commission
pursuant to subdivision a of this section, at least nine percent shall
be issued subject to the requirement that the vehicles operated by or
under agreement with the owners of such licenses either be powered by
compressed natural gas or be a hybrid electric vehicle, and at least
nine percent shall be issued subject to the requirement that the
vehicles operated by or under agreement with the owners of such licenses
be fully accessible to persons with disabilities in accordance with
standards established by the commission; provided however, of the
licenses authorized to be sold pursuant to subdivision a of this section
that are issued after June 1, 2006, two hundred fifty-four shall be
issued subject to the requirement that the vehicles operated by or under
agreement with the owners of such licenses either be powered by
compressed natural gas or be a hybrid electric vehicle, and fifty-four
shall be issued subject to the requirement that the vehicles operated by
or under agreement with the owners of such licenses be fully accessible
to persons with disabilities in accordance with standards established by
the commission; and provided further that if the prices which the
commission is able to obtain for the issuance of licenses subject to
either of the foregoing requirements does not exceed ninety percent of
the average price otherwise obtained by the commission for the issuance
of licenses pursuant to this section, the commission is authorized to
issue such licenses without such requirement.
c. In the event that the city of New York is authorized to issue
taxicab licenses in addition to those authorized by chapter sixty-three
of the laws of two thousand three, such additional licenses shall be
issued by the commission only after completion by the commission of such
review as may be required by article eight of the New York state
environmental conservation law. Such additional licenses shall be issued
in a number not to exceed the number of taxicab licenses whose public
sale is authorized by law and in accordance with the procedures and
conditions set forth in subdivision a of this section, except that the
first one hundred fifty such licenses issued shall be subject to the
requirement that the vehicles operated by or under agreement with the
owners of such licenses be fully accessible to persons with disabilities
in accordance with standards established by the commission, regardless
of the prices which the commission is able to obtain for the issuance of
such licenses.
d. The terms and conditions for the public sale of licenses pursuant
to this section shall explicitly provide that vehicles operated by or
under agreement with the owners of such licenses shall be entitled to
accept hails from passengers in the street in accordance with paragraph
one of subdivision a of section 19-504 of this code.
Section 19-533
§ 19-533 Clean air taxis. The commission shall approve one or more
hybrid electric vehicle models for use as a taxicab within ninety days
after the enactment of this law. The approved vehicle model or models
shall be eligible for immediate use by all current and future medallion
owners. For the purposes of this chapter, a hybrid electric vehicle
shall be defined as a commercially available mass production vehicle
originally equipped by the manufacturer with a combustion engine system
together with an electric propulsion system that operates in an
integrated manner.
Section 19-534
§ 19-534 Clean air and accessible taxicab and for-hire vehicle plan.
a. Definitions. For the purposes of this section only, the following
terms shall have the following meanings:
(1) "Accessible vehicle" shall mean any taxicab or for-hire vehicle
approved for use by the commission as a taxicab or for-hire vehicle that
meets the specifications and requirements for accessible vehicles
pursuant to the americans with disabilities act of 1990, as amended, and
rules promulgated by the commission.
(2) "Clean air vehicle" shall mean any taxicab or for-hire vehicle
approved for use by the commission that receives an air pollution score
of 9.5 or higher from the United States environmental protection agency
or its successor agency and is estimated to emit 5.0 tons or less of
equivalent carbon dioxide per year by the United States department of
energy or its successor agency; provided that such vehicle is powered by
the fuel for which such vehicle meets the above-specified standards. In
the event the test method used by the United States environmental
protection agency or its successor agency for determining fuel economy
is adjusted in a way that impacts United States department of energy or
its successor agency estimates of equivalent carbon dioxide emissions
for motor vehicles, the commission shall, for vehicles that fall within
the affected model years, modify by rule the equivalent carbon dioxide
emissions estimate included herein so as to appropriately reflect such
adjustment's impact consistent with the intent of this section.
b. No later than one hundred eighty days after the effective date of
this section, the commission shall develop and approve a plan to
significantly increase the number of clean air and accessible vehicles
in New York city. Such plan shall include, but not be limited to:
(1) a description of specific measures the commission will implement,
or recommend to the mayor and the council for implementation through
local law, to increase the number of clean air and accessible vehicles
and periodic goals for achieving such increases;
(2) a schedule, including interim and final milestones, for
implementing such measures; and
(3) an education campaign regarding clean air and accessible vehicles
that provides taxicab and for-hire vehicle owners and prospective owners
with information regarding the availability, costs and savings, and
benefits of such vehicles for such owners. Such information may include,
but is not limited to: (i) for available clean air vehicle models: the
fuel economy of such vehicles, as compared with other models typically
used as taxicabs and for-hire vehicles in New York city; costs and
savings associated with the purchase and use of such vehicles; the
estimated air quality benefits associated with the use of such vehicles;
and any available governmental and manufacturer incentives for the
purchase of such vehicles; and (ii) for available accessible vehicle
models: the fact that such vehicles can be used to serve specific
clients that non-accessible vehicles cannot serve; costs and savings
associated with the purchase of such vehicles; and any available
governmental and manufacturer incentives for the purchase of such
vehicles. Such information shall be posted on the commission's website
and shall be provided to owners of taxicabs and for-hire vehicles upon
issuance or renewal of a license in accordance with section 19-504 of
this chapter; by sending such information directly to such owners with
other commission documents and notices; during informational workshops
open to all commission licensees; or in any other manner deemed
appropriate by the commission.
c. The commission shall implement the plan developed and approved
pursuant to subdivision b of this section.
d. The commission shall conduct or participate in at least one
informational workshop regarding clean air and accessible vehicles in
each of the two calendar years following the development and approval of
the plan pursuant to subdivision b of this section.
e. The commission shall in every annual report submitted to the city
council pursuant to section twenty three hundred two of the New York
city charter, include the following information: (i) the implementation
status of the measures included in the plan developed and approved
pursuant to this section; (ii) the numbers of clean air and accessible
vehicles in New York city, disaggregated by vehicle model, and how such
numbers compare to those of the previous year and with the goals set
forth in such plan; and (iii) to the extent practicable, the estimated
air quality benefits and fuel savings associated with the use of each
clean air vehicle model in operation as a taxicab or for-hire vehicle in
New York city and the aggregate air quality benefits and fuel savings
associated with the use of all such vehicles.
f. The commission shall establish a web page or pages or modify its
existing website to make available information regarding clean air and
accessible vehicles, which shall include, but not be limited to, the
information provided pursuant to paragraph three of subdivision b of
this section and the numbers of clean air and accessible vehicles in New
York city, disaggregated by vehicle model, which shall be updated, at a
minimum, every four months.
g. The commission shall annually review the plan required to be
implemented pursuant to subdivision c of this section to determine,
among other things, whether such plan has helped to increase the number
of clean air and accessible vehicles and whether scheduled milestones
and goals included in such plan have been met. The commission shall
revise such plan as necessary to accomplish such goals.
Section 19-535
§ 19-535 Extension of retirement periods for taxicabs. a. Definitions.
For the purposes of this section only, the following terms shall have
the following meanings:
1. "Accessible taxicab" shall mean any vehicle approved for use by the
commission as a taxicab that meets the specifications and requirements
for accessible vehicles pursuant to the americans with disabilities act
of 1990, as amended, and rules promulgated by the commission.
2. "Level one clean air taxicab" shall mean any vehicle approved for
use by the commission as a taxicab that receives an air pollution score
of 9.5 or higher from the United States environmental protection agency
or its successor agency and is estimated to emit 5.0 tons or less of
equivalent carbon dioxide per year by the United States department of
energy or its successor agency; provided that such vehicle is powered by
the fuel for which such vehicle meets the above-specified standards. In
the event the test method used by the United States environmental
protection agency or its successor agency for determining fuel economy
is adjusted in a way that impacts United States department of energy or
its successor agency estimates of equivalent carbon dioxide emissions
for motor vehicles, the commission shall, for vehicles that fall within
the affected model years, modify by rule the equivalent carbon dioxide
emissions estimate included herein so as to appropriately reflect such
adjustment's impact consistent with the intent of this section.
3. "Level two clean air taxicab" shall mean any vehicle approved by
the commission for use as a taxicab that receives an air pollution score
of 9.0 or higher from the United States environmental protection agency
or its successor agency and is estimated to emit 6.4 tons or less of
equivalent carbon dioxide per year by the United States department of
energy or its successor agency and that does not meet the definition of
a level one clean air taxicab pursuant to paragraph 2 of this
subdivision; provided that such vehicle is powered by the fuel for which
such vehicle meets the above-specified standards. In the event the test
method used by the United States environmental protection agency or its
successor agency for determining fuel economy is adjusted in a way that
impacts United States department of energy or its successor agency
estimates of equivalent carbon dioxide emissions for motor vehicles, the
commission shall, for vehicles that fall within the affected model
years, modify by rule the equivalent carbon dioxide emissions estimate
included herein so as to appropriately reflect such adjustment's impact
consistent with the intent of this section.
b. Extension of retirement period. 1. The retirement period for any
accessible taxicab or level one clean air taxicab shall be extended by
two years beyond the applicable standard retirement period for taxicabs
established pursuant to rule of the commission; provided that the
retirement period for any such taxicab that must be retired and replaced
pursuant to rules of the commission no later than thirty-six months
after the vehicle is hacked up, shall be extended by one year beyond the
applicable standard retirement period for taxicabs established pursuant
to rule of the commission. The two-year extension period established
pursuant to this paragraph shall also apply to any vehicle, as specified
by rule of the commission, which is not a level one clean air taxicab as
defined in this section, but which meets or exceeds the standards
established pursuant to paragraph 2 of subdivision a of this section.
2. The retirement period for any level two clean air taxicab shall be
extended by one year beyond the applicable standard retirement period
for taxicabs established pursuant to rule of the commission.
3. The commission may modify the extended retirement period
established pursuant to this subdivision for any taxicab where such
vehicle does not pass two of the inspections, not including
reinspections, conducted at the commission's inspection facility
pursuant to section 19-504 of this chapter in the twelve-month period
immediately preceding the time at which such vehicle would otherwise be
required to be retired pursuant to rule of the commission, or where such
vehicle does not pass an inspection conducted at the commission's
inspection facility pursuant to section 19-504 of this chapter after the
time at which such vehicle would otherwise be required to be retired
pursuant to rule of the commission.
c. Nothing contained herein shall affect the authority of the
commission pursuant to subdivision f of section 19-504 of this chapter
to order an owner to repair or replace a licensed vehicle where it
appears that such vehicle no longer meets the reasonable standards for
safe operation prescribed by the commission.
Section 19-536
§ 19-536 Clean air vehicle labeling and information. a. For the
purposes of this section, the term "clean air vehicle" shall mean any
taxicab approved for use by the commission that receives an air
pollution score of 9.0 or higher from the United States environmental
protection agency or its successor agency and is estimated to emit 6.4
tons or less of equivalent carbon dioxide per year by the United States
department of energy or its successor agency; provided that such vehicle
is powered by the fuel for which such vehicle meets the above-specified
standards. In the event the test method used by the United States
environmental protection agency or its successor agency for determining
fuel economy is adjusted in a way that impacts United States department
of energy or its successor agency estimates of equivalent carbon dioxide
emissions for motor vehicles, the commission shall, for vehicles that
fall within the affected model years, modify by rule the equivalent
carbon dioxide emissions estimate included herein so as to appropriately
reflect such adjustment's impact consistent with the intent of this
section.
b. The commission shall develop and provide information to each owner
of a clean air vehicle, which shall be made available for viewing in
each such vehicle in a manner that is clearly apparent to a passenger
located in the back seat of such vehicle, and which (i) identifies such
vehicle as a clean air vehicle; (ii) includes the address of the
commission web page(s) required to be established pursuant to section
19-534 of this chapter; and (iii) includes, to the extent practicable,
the estimated air quality benefits associated with the use of such
vehicle and the type of fuel used to power such vehicle.
Section 19-537.
§ 19-537. Passengers' bills of rights. a. For the purposes of this
section, the term "livery" shall have the same meaning as defined under
Title 35 of the rules of the city of New York.
b. Every owner of a taxicab, livery or commuter van shall post
passengers' bill of rights in at least one conspicuous location in the
rear passenger compartment of such taxicab, livery or commuter van in a
form and location to be prescribed by commission rule.
c. The taxicab passengers' bill of rights shall state passengers'
rights to:
(1) pay for a ride with credit/debit card subject to taxi and
limousine commission rules;
(2) go to any destination in New York city, Westchester county, Nassau
county or Newark airport;
(3) a car that is in good condition and has passed all required
inspections;
(4) a properly licensed driver in good standing, with the
commission-issued driver's license information on display;
(5) direct the route taken;
(6) a safe and courteous driver who obeys all traffic laws;
(7) a knowledgeable driver who speaks english and is familiar with
city geography;
(8) air conditioning or heat on request;
(9) a quiet trip free of horn honking or radio or other music playing;
(10) clean air, which is smoke and scent free;
(11) working seatbelts;
(12) a clean vehicle, both inside and outside;
(13) be accompanied by a service animal;
(14) a driver who does not use a cell phone (hand-held or hands free)
while driving;
(15) decline to tip for poor service; and
(16) a vehicle equipped with an operational e-z pass and payment of
tolls with such pass.
d. The livery passengers' bill of rights shall state passengers'
rights to:
(1) a car that is in good condition and has passed all required
inspections;
(2) a properly licensed driver in good standing, with the
commission-issued driver's license information on display;
(3) a safe and courteous driver who obeys all traffic laws;
(4) a quiet trip free of horn honking or radio or other music playing;
(5) clean air that is smoke and scent free;
(6) working seatbelts;
(7) air conditioning or heat on request;
(8) be accompanied by a service animal;
(9) pay a pre-approved fare quoted by the dispatcher;
(10) a driver who does not use a cell phone (hand-held or hands free)
while driving;
(11) decline to tip for poor service; and
(12) request a wheelchair accessible vehicle and be provided with
equivalent service.
e. The commuter van passengers' bill of rights shall state passengers'
rights to:
(1) a vehicle that is in good condition and has passed all required
inspections;
(2) a properly licensed driver in good standing, with the
commission-issued driver's license information on display;
(3) a safe and courteous driver who obeys all traffic laws;
(4) a knowledgeable driver who is familiar with the areas where the
van is authorized to provide service;
(5) air conditioning or heat on request;
(6) a quiet trip free of horn honking or radio or other music playing;
(7) clean air, which is smoke and scent free;
(8) working seatbelts;
(9) a clean vehicle, both inside and outside;
(10) be accompanied by a service animal;
(11) a driver who does not use a cell phone (hand-held or hands free)
while driving; and
(12) decline to tip for poor service.
f. In addition to the rights specified in subdivisions c and d of this
section, each passengers' bill of rights shall include a statement of
passengers' rights regarding fares and payment and regarding the lodging
of passenger complaints and compliments. The content of such statement
shall be prescribed by commission rule.
g. The commission may by rule provide for additional rights to be
stated in any passengers' bill of rights.
Section 19-538
§ 19-538 Vision impairment accessibility requirements. a. For the
purposes of this section, "accessible to people with vision impairments"
shall mean a taxicab that is equipped with instructions for contacting
the commission in Braille and large-print text and if such taxicab has
payment technology installed, such technology must provide a payment
option to permit visually impaired passengers to pay unassisted. Such
payment option shall have audio instruction and shall have audible
announcements of the initial charge, the fare periodically during the
trip, at the end of the trip, and when there is a rate code change
and/or toll charge, in such manner as provided for and adopted by the
commission.
b. Commencing May 1, 2013, all taxicabs must be accessible to people
with vision impairments. The instructions about contacting the
commission described in subdivision a of this section shall be on the
same side and in the same passenger compartment in each taxicab, and the
payment technology described in subdivision a of this section shall be
in the same passenger compartment in each taxicab.
c. The commission may by rule establish greater levels of
accessibility for taxicabs than those required by this section.
Section 19-539
§ 19-539 Passenger carrier information for consumers. The department
of transportation shall make available on the Internet through a web
portal that is linked to nyc.gov or any successor website maintained by,
or on behalf, of the city of New York, a link to the federal motor
carrier safety administration's website and a description of the safety
information and data available on such administration's website,
including but not limited to a list of and a link to the federal
passenger carrier safety ratings and a link to such administration's
safety and fitness electronic records system.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.