New York City Administrative Code

Chapter 5: Transportation of Passengers For Hire By Motor Vehicles

BookmarkChapter 5: Transportation of Passengers For Hire By Motor Vehicles
§ 19-501 Legislative findings.
Bookmark§ 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.
§ 19-502 Definitions.
Bookmark§ 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.
   1.   "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 by passengers of 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 transporation 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 pavement or performance of an obligation. The term includes the interest of a lessor under a lease intended 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.
* Editor's note: there are two divisions designated as s. in this section.
   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.
* Editor's note: there are two divisions designated as s. in this section.
   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.
   z.   "Dispatch service provider" means an entity licensed by the commission to dispatch, reserve, or refer trips to drivers on behalf of a base station, black car base, or luxury limousine base through a publicly-available, passenger-facing booking tool.
   aa.   "Breach of the security of the system" has the same meaning as in paragraph c of subdivision 1 of section 899-aa of the general business law.

   bb.   "Personal information" has the same meaning as in paragraph a of subdivision 1 of section 899-aa of the general business law and includes such information pertaining to passengers and drivers.
   cc.   "Passenger geolocation information" means information concerning the location of a wireless communication device that, in whole or in part, is generated by or derived from the operation of such device and that could be used to determine or infer information regarding the present, prospective, or historical location of an individual.
(Am. L.L. 2016/043, 4/21/2016, eff. 8/19/2016; Am. L.L. 2016/049, 4/21/2016, eff. 8/19/2016)
§ 19-503 Rules and regulations.
Bookmark§ 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.
§ 19-503.1 For-hire vehicles; special regulations.
Bookmark§ 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 and 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.
§ 19-504 General provisions for licensing of vehicles.
Bookmark§ 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 may 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.   Repealed.
   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.
   r.   Notwithstanding any contrary provision of law, there shall be no more than 735 licenses for commuter vans. The commission shall not accept new applications for such licenses and shall not issue any such license if such issuance would result in the total number of such licenses exceeding 735; provided, however, that the number of licenses for commuter vans may exceed 735, and the commission may accept applications for and issue licenses for commuter vans in a number exceeding 735, if the commission determines, pursuant to item 12 of section 19-529.7, that there is a need for commuter vans in a number exceeding 735.
(Am. L.L. 2017/007, 2/15/2017; Am. L.L. 2017/059, 3/21/2017)
§ 19-504.1 Additional taxicab licenses. [Repealed]
Bookmark§ 19-504.1 Additional taxicab licenses. [Repealed]
§ 19-504.2 Authorization to operate a commuter van service.
Bookmark§ 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 until such authorization has been revoked by the commission or such determination has been revoked by the commissioner of transportation. After the revocation of such authorization or 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; provided, however, that public support statements shall not be required. 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 deter- mination.
      (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.   The commission shall post on its website links to all New York city laws and rules governing the operation of commuter vans. Not more than three days after issuing an authorization to operate a commuter van service, the commission shall post on its website the geographic area where such service is authorized and the number of commuter vans authorized to be used in providing such service.
(Am. L.L. 2017/006, 2/15/2017, eff. 6/15/2017)
§ 19-504.3 Conditions of operation relating to commuter vans.
Bookmark§ 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 an 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. 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.
(Am. L.L. 2017/006, 2/15/2017, eff. 6/15/2017)
§ 19-504.4 Renewal, suspension and revocation of authorizations to operate a commuter van service, commuter van licenses and commuter van drivers' licenses.
Bookmark§ 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 thhe 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 sevice of all violations issued to any driver or vehicle operating pursuant to such authorization.
§ 19-505 General provisions for licensing of drivers.
Bookmark§ 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 or universal 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 or universal 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, except that a person who has obtained a universal driver’s license shall be entitled to drive a taxicab and for-hire vehicle without obtaining an additional commission-issued driver’s license. The commission shall not issue taxicab driver’s licenses or for-hire vehicle driver’s licenses. Each taxicab driver’s license and for-hire vehicle driver’s license issued and in effect, including any such license which is suspended, shall be deemed a universal driver’s license. For purposes of this section, a universal driver’s license is a license which authorizes a driver to drive taxicabs and for-hire vehicles.
   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.
   r.   Any procedures established by the commission to determine the ability of an applicant for a universal driver’s license to speak and understand English shall not include a written examination.
(Am. L.L. 2016/051, 4/21/2016, eff. 8/19/2016)
§ 19-506 [Regulations and enforcement.]
Bookmark§ 19-506 [Regulations and enforcement.]
   a.   Regulations and Enforcement. 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, commuter 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 franchisee, 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 be 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 one thousand dollars and not more than three 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 two thousand dollars and not more than four thousand 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.
(Am. L.L. 2017/008, 2/15/2017, eff. 5/16/2017)
§ 19-506.1 Administrative Tribunal.
Bookmark§ 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.
§ 19-507 Mandatory penalties.
Bookmark§ 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.   (a)   Any driver who has been found to have violated a provision of paragraph 1, 2, or 3 of subdivision a of this section, or any combination thereof, shall be fined not less than $200 nor more than $500 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 24 month period shall be fined not less than $350 nor more than $1,000, and the commission may suspend the driver's license of such driver for a period not to exceed 30 days. Any driver who has been found to have violated any of the provisions of such paragraphs, or any combination thereof, three or more times within a 36 month period shall be fined not more than $1,000 for each such third or subsequent offense, and the commission shall revoke the driver's license of such driver.
         (b)   (1)   Any driver who has been found to have violated any of the provisions of paragraph 4 of subdivision a of this section shall be fined not less than $200 nor more than $350 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 24 month period shall be fined not less than $350 nor more than $500, and the commission may suspend the driver's license of such driver for a period not to exceed 30 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 4 of such subdivision three or more times within a 36 month period.
            (2)   Notwithstanding clause 1 of this subparagraph, any driver who has been found to have violated any of the provisions of paragraph 4 of subdivision a of this section shall be fined $2,000 for the first offense, $4,000 for a second offense within a 24 month period, and $10,000 for a third or subsequent offense within a 120 month period, with these enhanced fines not affecting any otherwise applicable license revocation or penalty, if the violation occurred in any of the following areas: (i) airports in the city of New York; (ii) that area of Manhattan that is south of east 96th street and south of west 110th street in which a HAIL vehicle is prohibited from picking up passengers by street hail; and (iii) in such other areas as the commission shall identify by rule.
      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 than 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.
(Am. L.L. 2016/052, 4/21/2016, eff. 7/20/2016)
§ 19-507.1 Persistent Violators of Rules Relating to Drivers of Taxicabs and For-Hire Vehicles.
Bookmark§ 19-507.1 Persistent Violators of Rules Relating to Drivers of Taxicabs and For-Hire Vehicles.
   a.   (1)    Any taxicab or for-hire vehicle driver may attend a remedial or refresher course approved by the commission. Upon presentation to the commission of proof of satisfactory completion of a commission-approved course by such driver, three points shall be deducted from the number of points assessed under the persistent violators program against his or her commission-issued driver's license, except as otherwise provided in this paragraph. A taxicab or for-hire vehicle driver shall be eligible for a point reduction pursuant to this subdivision only once within a five-year period. In the event no such approved course is available at the time such driver seeks to enroll, such driver may take a course provided for in paragraph one of subdivision c of section 19-507.2 of this chapter. In such instance, completion of a course taken pursuant to this paragraph or pursuant to paragraph one of subdivision c of section 19-507.2 shall result in the removal of three points from either the number of points accrued under the persistent violators program or from the number of points accrued under the critical drivers program, but not from both, upon the election of the driver who completes such 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 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.
   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 but fewer than ten points have been assessed against his or her commission-issued driver's license within any fifteen-month period and whose license has not been revoked shall have his or her commission-issued driver's license suspended for up to thirty days.
   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 commission-issued driver's license within any fifteen-month period shall have his or her commission-issued driver's license revoked.
   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 commission-issued 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 pursuant to section 19-507.2 of this chapter may, pursuant to subdivisions i and j of this section, 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 commission-issued 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.
   i.   Any taxicab or for-hire vehicle driver who has been found guilty of violations such that six or more points but fewer than ten points in total have been assessed within any fifteen-month period against his or her commission-issued driver's license pursuant to this section and against the driver license issued to such taxicab or for-hire vehicle driver by the department of motor vehicles or an equivalent licensing agency of the driver's state of residence pursuant to section 19-507.2 of this chapter and whose commission-issued driver's license has not been revoked shall have his or her commission-issued driver's license suspended for up to thirty days; provided, however, that only points assessed against a commission-issued driver's license for violations that threaten the safety of passengers or any other persons, as specified by rule of the commission, may be applied for purposes of this subdivision.
   j.   Any taxicab or for-hire vehicle driver who has been found guilty of violations such that ten or more points in total have been assessed within any fifteen-month period against his or her commission-issued driver's license pursuant to this section and against the driver's license issued to such taxicab or for-hire vehicle driver by the department of motor vehicles or an equivalent licensing agency of the driver's state of residence pursuant to section 19-507.2 of this chapter shall have his or her commission-issued driver's license revoked; provided, however, that only points assessed against a commission-issued driver's license for violations that threaten the safety of passengers or any other persons, as specified by rule of the commission, may be applied for purposes of this subdivision.
(Am. L.L. 2016/051, 4/21/2016, eff. 8/19/2016)
§ 19-507.2 Critical driver program.
Bookmark§ 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 commission-issued driver's license has not been revoked shall have his or her commission-issued driver's license suspended for thirty days.
   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 commission-issued driver's license revoked.
   c.   (1)    A taxicab or for-hire vehicle driver shall be eligible to receive a three 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. In the event that no commission approved course is available pursuant to paragraph one of subdivision a of section 19-507.1 of this chapter, completion of a course taken pursuant to this paragraph shall result in the removal of three points from either the number of points accrued under the persistent violators program or from the number of points accrued under the critical drivers program, but not from both, upon the election of the driver who completes such 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.
(Am. L.L. 2016/051, 4/21/2016, eff. 8/19/2016)
§ 19-507.3 Reporting requirements.
Bookmark§ 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.
§ 19-508 Meters, radios and other equipment.
Bookmark§ 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 com- mission.
   c.   1.   For purposes of this section, the term "trouble light" shall mean a help or distress signaling light system consisting of a device or devices as designated by the rules of the commission.
      2.   Every for-hire vehicle or taxicab placed into operation shall carry a minimum of two spare trouble light devices 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 it, or by any other corrective action in the presence of such enforcement agent. If the replacement of a trouble light device, 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.
§ 19-509 Licensing of taximeter business.
Bookmark§ 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.
§ 19-510 Licensing of official inspection stations. [Repealed]
Bookmark§ 19-510 Licensing of official inspection stations. [Repealed]
§ 19-511 Licensing of communications systems and base stations.
Bookmark§ 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.
§ 19-511.1 Council review.
Bookmark§ 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.
§ 19-512 Transferability of taxicab licenses issued pursuant to this chapter.
Bookmark§ 19-512 Transferability of taxicab licenses issued pursuant to this chapter.
   a.   Any taxicab license issued pursuant to this chapter 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.
   b.   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.
   c.   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.
(Am. L.L. 2017/059, 3/21/2017)
§ 19-512.1 Revocation of taxicab, for-hire or HAIL license or licenses.
Bookmark§ 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.
§ 19-513 Repossessions.
Bookmark§ 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.
§ 19-514 Color schemes and emblems.
Bookmark§ 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.
§ 19-515 Color schemes and emblems.
Bookmark§ 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 commission-issued driver's license.
      3.   Evidence of current liability insurance or financial responsibility.
(Am. L.L. 2016/051, 4/21/2016, eff. 8/19/2016)
§ 19-516 Acceptance of passengers by for-hire vehicles and commuter vans.
Bookmark§ 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. 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.
(Am. L.L. 2017/006, 2/15/2017, eff. 6/15/2017)
§ 19-517 For-hire vehicle licenses.
Bookmark§ 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.
§ 19-518 Transfer of licenses.
Bookmark§ 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 more 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.
§ 19-519 Anti-noise and air pollution provisions.
Bookmark§ 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. & Above
96 Octane No. & 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.
§ 19-520 Advisory Board.
Bookmark§ 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.
§ 19-521 Central dispatcher services at all major transit terminals.
Bookmark§ 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.
§ 19-522 Group riding.
Bookmark§ 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.
§ 19-523 Service in areas outside the Manhattan central business district.
Bookmark§ 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.
§ 19-525 Permits for exterior advertising.
Bookmark§ 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.
§ 19-527 Licensing of taxicab brokers.
Bookmark§ 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.
§ 19-528 Additional powers of the commission with respect to unlicensed activities.
Bookmark§ 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.
§ 19-529 Seat and shoulder belts required.
Bookmark§ 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.
§ 19-529.1 Prohibited acts relating to commuter vans.
Bookmark§ 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.
§ 19-529.2 Seizure of commuter vans.
Bookmark§ 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 of 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.
§ 19-529.3 Forfeiture of commuter vans.
Bookmark§ 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 owneer 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.
§ 19-529.4 Color schemes and emblems and additional requirements for commuter vans.
Bookmark§ 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 com- mission.
   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; and
      4.   the vehicle registration and evidence of current liability insurance.
(Am. L.L. 2017/006, 2/15/2017, eff. 6/15/2017)
§ 19-529.5 Construction.
Bookmark§ 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.
§ 19-529.6 Applicability.
Bookmark§ 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.
§ 19-529.7 Commuter van safety.
Bookmark§ 19-529.7 Commuter van safety.
   Not later than July 1, 2017 and not later than every July 1 thereafter, commission shall submit to the mayor and the speaker of the council and publish on its website a report on safety in the commuter van industry. Such report shall include, but not be limited to, the following information from the previous calendar year:
   1.   the number of safety-related violations issued by the commission committed by those operating a commission-licensed commuter van or an unlicensed commuter van;
   2.   the total number of collisions involving a commission-licensed commuter van, and to the extent known to the commission, such collisions involving an unlicensed commuter van, disaggregated by those resulting in a fatality, critical injury, or injury of any severity;
   3.   the number of commuter vans, commuter van drivers, and commuter van services licensed or authorized by the commission;
   4.   the number of unlicensed commuter vans operating, to the extent known to the commission or estimated;
   5.   the commission's efforts to ensure commuter vans do not operate on bus routes, including, but not limited to, current enforcement efforts and future plans regarding such efforts;
   6.   the number of commuter vans seized by the commission;
   7.   the 20 most utilized commuter van corridors;
   8.   available commuter van ridership, including information on whether commuter vans are being utilized to connect to other mass transit, to the extent known to the commission;
   9.   the commission's efforts to reduce the number of unlicensed commuter vans operating and future plans regarding such efforts;
   10.   the number of licenses for commuter vans and commuter van drivers and authorizations for commuter van service that were renewed and rejected, as well as any changes in the number of commuter vans affiliated with each authorized service;
   11.   a discussion of how commuter van service areas are selected; and
   12.   whether, in the judgment of the commission, there is a need for commuter vans in a number exceeding the number specified in subdivision r of section 19-504.
(L.L. 2017/007, 2/15/2017)
§ 19-530 Licensing of agents.
Bookmark§ 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.
§ 19-531 Public sale of taxicab licenses.
Bookmark§ 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.
§ 19-532 Public sale of additional taxicab licenses.
Bookmark§ 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.
§ 19-533 Clean air taxis.
Bookmark§ 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.
§ 19-534 Clean air and accessible taxicab and for-hire vehicle plan.
Bookmark§ 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.
§ 19-535 Extension of retirement periods for taxicabs.
Bookmark§ 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.
§ 19-536 Clean air vehicle labeling and information.
Bookmark§ 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.
§ 19-537 Passengers' bills of rights.
Bookmark§ 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.
§ 19-538 Vision impairment accessibility requirements.
Bookmark§ 19-538 Vision impairment accessibility requirements.
   a.   For the purposes of this section, "accessible to people with vision impairments" shall mean any taxicab that is equipped with instructions for contacting the commission in Braille and large-print text on the same side and in the same passenger compartment in each taxicab. If such taxicab has payment technology installed, such technology should be in the same passenger compartment in each taxicab, and should also provide a payment option, with the fare audibly announced and with audio instruction, to permit visually impaired passengers to pay unassisted, 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.
   c.   The commission may by rule establish greater levels of accessibility for taxicabs than those required by this section.
§ 19-539 Passenger carrier information for consumers.
Bookmark§ 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.
§ 19-540 Review of crashes.
Bookmark§ 19-540 Review of crashes.
   a.   Following any crash involving a driver licensed by the commission while operating a vehicle licensed by the commission where critical injury or death resulted to one or more persons, the commission shall, upon notification of such crash, review the results of the police department's investigation at or before the conclusion of such department's investigation. The commission shall further review the fitness of such driver to operate a vehicle licensed by the commission and take any enforcement action that it determines appropriate, unless such driver's commission issued license has been suspended, in which case such review may occur prior to the lifting of such suspension. The commission may summarily suspend the commission issued license of such driver while any fitness review or enforcement action is pending, consistent with the rules of the commission regarding summary suspensions. For purposes of this section, "critical injury" shall mean any injury determined to be critical by the emergency medical service personnel responding to any such incident. This section shall not limit in any way the commission's authority to summarily suspend a driver's commission issued license for other reasons.
   b.   On or before February 1, 2015 and quarterly thereafter, the commission shall provide to the speaker of the council and shall place on the commission's website, a written report detailing how many crashes the commission reviewed pursuant to subdivision a of this section in the prior quarter, how many summary suspensions occurred, and enforcement actions taken by the commission following such review.
§ 19-541 Serious crashes.
Bookmark§ 19-541 Serious crashes.
   Where a driver licensed by the commission has been issued a summons for or charged with one or more traffic related violations or crimes in a crash in which any person has suffered critical injury or death, the license issued to such driver by the commission may be summarily suspended consistent with the rules of the commission regarding summary suspensions, and, upon conviction of such driver of one or more of the violations or crimes stated in the summons or such charges and upon a determination that one or more of such violations or crimes for which conviction occurred was a cause of such critical injury or death, such license shall be revoked. A summary suspension pursuant to this section may be lifted pursuant to the rules of the commission or upon dismissal of all such charges or upon a finding of not guilty of all of the stated traffic related violations and crimes, except that the commission may continue to suspend such license pursuant to section 19-540 of this chapter. For purposes of this section, "critical injury" shall mean any injury determined to be critical by the emergency medical service personnel responding to such crash. This section shall not limit in any way the commission's authority to summarily suspend a driver licensed by the commission for other reasons.
§ 19-542 Reporting of crash data on commission licensed vehicles.
Bookmark§ 19-542 Reporting of crash data on commission licensed vehicles.
   On or before February 1, 2015 and quarterly thereafter, the commission shall for the prior quarter provide a report to the council and shall post on its website, the number of crashes involving a vehicle licensed by the commission. Such report shall disaggregate such crashes by the type of commission licensed vehicle and by whether critical injury or death resulted from such crashes. The commission shall also maintain within its records the number of crashes each licensed driver has been involved in while operating a commission licensed vehicle. For purposes of this section, "critical injury"shall mean any injury determined to be critical by the emergency medical service personnel responding to any such incident.
§ 19-543 Requirement to have signs in taxicabs and for-hire vehicles regarding penalties for assaulting drivers.
Bookmark§ 19-543 Requirement to have signs in taxicabs and for-hire vehicles regarding penalties for assaulting drivers.
   Except as provided below, every owner of a taxicab, for-hire vehicle, commuter van, or wheelchair accessible van shall post in at least one conspicuous place in the rear passenger compartment of such vehicle a sign stating the following: "ATTENTION: Assaulting A Driver Is Punishable By Up to Twenty-Five Years in Prison" and shall ensure that such sign remains displayed in such vehicle. The commission shall promulgate rules, consistent with this section, including but not limited to the size of the sign, the number of signs per vehicle, the specific location within the vehicle of such signs, and the penalty for failing to post such signs. The provisions of this section shall not apply to black cars and luxury limousines.
§ 19-544 Vehicle retirement.
Bookmark§ 19-544 Vehicle retirement.
   No black car shall be subject to retirement from service so long as such vehicle passes all inspections required pursuant to the vehicle and traffic law, this code, or any rules promulgated by the commission.
(L.L. 2016/050, 4/21/2016)
§ 19-545 Fare quotes.
Bookmark§ 19-545 Fare quotes.
   a.   A black car base or luxury limousine base, or a dispatch service provider operating on behalf of such a base, shall not quote or charge a fare that is more than the fare listed in the rate schedule filed with the commission.
   b.   1.   Any website, smartphone application, software program accessed through an electronic device, or similar publicly-available, passenger-facing booking tool utilized by a black car base or luxury limousine base, or dispatch service provider operating on behalf of such a base, shall allow prospective passengers to request a fare quote prior to booking transportation; provided, however, that this subdivision shall not apply to trips that are the result of line work. For purposes of this section, "line work" means a type of pre-arranged service provided pursuant to a contract with a black car base in which the dispatch and passenger assignment are completed at the point of pick up by an employee or contractor of either the black car base or the contracting party.
      2.   Any black car base or luxury limousine base, or dispatch service provider operating on behalf of such a base, that utilizes a booking website, smartphone application, software program accessed through an electronic device, or similar publicly-available, passenger-facing booking tool shall issue a one-time notification to any prospective passengers that accesses such booking website, smartphone application, software program accessed through an electronic device, or similar publicly-available, passenger-facing booking tool of their right to a fare quote pursuant to subdivisions b and c of this section through such website, smartphone application, software program accessed through an electronic device, or similar publicly-available, passenger-facing booking tool, or by electronic mail or text message.
   c.   1.   If a prospective passenger requests a fare quote, a black car base or luxury limousine base, or dispatch service provider operating on behalf of such a base, such base or entity shall ask such passenger to specify a destination and shall provide an accurate fare quote expressed in dollars and cents for the trip before such passenger books transportation. If such passenger agrees to receive such transportation, such base or entity shall not charge such passenger a fare that is more than 120 percent of the price quoted unless such passenger takes any action to alter the estimated route, including, but not limited to, changing the location of the pick-up, destination, number of stops, or the vehicle type requested, or requests a route change requiring the payment of a toll. Such price quote may be expressed in a range in dollars and cents, provided that the fare charged is not more than 120 percent of the highest price included in such range.
      2.   If a fare quote is expressed in a range, the higher price in such range shall not be more than 150 percent of such lower price and the fare charged shall not be more than 120 of such higher price. Such higher price may be rounded to the nearest whole number; provided, however, that the price charged pursuant to paragraph 1 of subdivision c shall not be based upon a rounded price.
   d.   Any black car base or luxury limousine base, or dispatch service provider operating on behalf of such a base, that has been found to have violated any provision of this section shall be subject to a civil penalty of not less than $250 nor more than $500 for each offense; provided, however, that if a passenger was charged a fare in violation of paragraph 1 of subdivision c of this section and requests that such base or entity bring the fare into compliance with such paragraph, such base or entity shall not be in violation of such paragraph if such passenger is refunded the amount of the overcharge within 10 business days of such request.
(L.L. 2016/049, 4/21/2016, eff. 8/19/2016)
§ 19-546 Information security and use of personal information.
§ 19-546 Information security and use of personal information.
   a.   All entities licensed by the commission, or authorized by the commission to provide services regulated by the commission, that collect or maintain passenger personal information or passenger geolocation information shall file with the commission an information security and use of personal information policy. Any policy filed pursuant to this section must include, at a minimum, the following provisions:
      (i)   a statement of internal access policies relating to passenger and driver personal information for employees, contractors, and third party access, if applicable;
      (ii)   a statement that, except to the extent necessary to provide credit, debit, and prepaid card services and services for any application that provides for electronic payment, personal information will only be collected and used with such passenger's affirmative express consent and that such personal information will not be used, shared, or disclosed, except for lawful purposes;
      (iii)   procedures for notifying the commission and affected parties of any breach of the security of the system, pursuant to section 899-aa of the general business law;
      (iv)   a statement that any credit, debit, or prepaid card information collected by the entity or a credit, debit, or prepaid card services provider is processed by the entity or such provider in compliance with applicable payment card industry standards;
      (v)   a statement of the entity's policies regarding the use of passenger geolocation information, which must include, at a minimum, a prohibition on the use, monitoring, or disclosure of trip information, including the date, time, pick-up location, drop-off location, and real-time vehicle location and any retained vehicle location records, without such passenger's affirmative express consent; and
      (vi)   and other provisions related to the protection of passenger or driver information that the commission may require by rule.
   b.   Any entity that files an information security and use of personal information policy pursuant to subdivision a of this section shall comply with the terms of such policy.
   c.   Any entity that has been found to have violated subdivisions a or b of this section shall be subject to a civil penalty of $1,000 for each offense.
(L.L. 2016/043, 4/21/2016, eff. 8/19/2016)
§ 19-547 Gratuity.
Bookmark§ 19-547 Gratuity.
   a.   Any for-hire vehicle base, or dispatch service provider operating on behalf of such a base, shall provide a means to allow passengers to provide drivers with a gratuity using the same method of payment passengers use to pay for the fare. If a for-hire vehicle base, or dispatch service provider operating on behalf of such a base, allows passengers to book and pay for a trip through a website, smartphone application, or any other passenger-facing booking tool, such website, smartphone application, or passenger-facing booking tool must provide passengers with preset gratuity options set according to the for-hire vehicle base’s discretion, but that include at least one option that is at least 20 percent of the fare, and permit passengers to manually enter another gratuity amount or percentage at the passengers’ option. A for-hire vehicle base must remit to the driver the entirety of anything designated as a gratuity collected by such base from the passenger on behalf of the driver.
   b.   Any for-hire vehicle base, or dispatch service provider operating on behalf of such a base, that has been found to have violated any provision of this section shall be subject to a civil penalty of not less than $250 nor more than $500 for each offense.
(L.L. 2017/135, 8/8/2017, eff. 11/6/2017)
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