Title 35: Taxi and Limousine Commission

Chapter 51: Definitions

§ 51-01 Scope of this Chapter.

(a) Other than words that are capitalized in the normal course (such as "Mayor of the City of New York" or the first word in a sentence) any word (or group of words) in these Rules that has its first letter capitalized will be a "defined term."
  1. Most defined terms appear in this Chapter. For ease of reference, certain defined terms may also appear in the “Definitions Applicable to this Chapter” section of Chapters in which the terms are most relevant. Certain general terms (Driver, License, Owner, for example) will have a more specific meaning in individual Chapters. In some cases, a defined term in a Chapter can have a meaning different from that in this Chapter (for example, a Broker in 35 RCNY Chapter 65 is different). Those different definitions will appear in the relevant Chapters.

§ 51-02 Penalties.

This Chapter is informational in nature and does not contain penalties.

§ 51-03 Definitions.

Accessible Conversion Start Date is the date which is the earlier of (1) the date on which there is available an Accessible Taxicab Model that meets the specifications of 35 RCNY § 67-05.2 and the requirements of § 19-533 of the Administrative Code, as certified by the Chairperson, or (2) January 1, 2016. To the extent possible, the Chairperson will place a notice of the Accessible Conversion Start Date on the Commission’s Web site at least 60 days prior to the Accessible Conversion Start Date.

Accessible Medallion is a Restricted Medallion valid for use only with an Accessible Taxicab.

Accessible Official Taxicab Vehicle (“Accessible OTV”) is the OTV modified in a manner that is consistent with the City’s contract with Nissan North America.

Accessible Street Hail Livery. An Accessible Street Hail Livery is a Street Hail Livery that is required to be used with a Commission approved vehicle that is designed to transport persons in wheelchairs or whose design is altered to permit access and enable the transportation of persons in wheelchairs or contains a physical device permitting such access, in accordance with the Americans with Disabilities Act.

Accessible Taxi Dispatcher. The Accessible Taxi Dispatcher is the entity which, under contract with the Commission, will convey dispatches, or requests for accessible service to Drivers of Accessible Taxicabs and to Drivers of Accessible Street Hail Liveries to provide transportation for a Passenger or group of Passengers, at least one of whom must be mobility-impaired, for trips that originate in New York City.

Accessible Taxicab is a Vehicle that is licensed by the Commission and that meets the specifications of the Americans with Disabilities Act as described in 35 RCNY § 67-05.2.

Accessible Vehicle is a vehicle designed to permit access to and enable the transportation of persons in wheelchairs and is authorized by the Commission to transport passengers for hire, by prearrangement.

Administrative Code refers to the Administrative Code of the City of New York, including Title 19, “Transportation of Passengers for Hire by Motor Vehicles.”

Administrator means the duly appointed administrator, executor, executrix or personal representative of an estate.

Agent is an individual or Business Entity that has been licensed by the Commission to operate or facilitate the operation of one or more Taxicabs on behalf of the Taxicab owner.

Alternative Fuel Medallion is a Restricted Medallion valid for use only with a vehicle powered by compressed natural gas or a hybrid electric vehicle that complies with 35 RCNY § 67-05.1.

Appeal is the request for review of a decision of a Hearing Officer.

Appeals Unit is a unit within the Taxi and Limousine Tribunal at OATH responsible for deciding cases on Appeal, who do not hear cases in the first instance.

Applicant is an individual or Business Entity seeking approval from the Commission for a new or renewed License or authorization, or for a change, transfer or other action requiring Commission approval.

Associated Base is a For-Hire Base using the same name or trade, business, or operating name as another For-hire Base.

Authorization means the Commission’s approval to operate a Commuter Van Service within the geographic boundaries specified by the Commission.

Authorized means that a Commuter Van Service has been given permission to operate by the Commission.

Authorized Driver Education Training refers to a course of training that contains instruction on topics such as Commission rules and procedures, geography, map reading, passenger relations, and courtesy.

Authorized License Renewal Course refers to a course of training that is required for renewal of a Driver’s License, and that includes topics such as an update of Rule changes, a review of Driver Responsibilities and duties, passenger relations, and an awareness of serving passengers with disabilities.

Available Vehicle means a For-Hire Vehicle that is available to accept dispatched trips from a High-Volume For-Hire Service.

Base Affiliation is a business arrangement by which a Vehicle is affiliated or associated with a Base. Certain Vehicles must be associated with a specific type of Base and work only with the Base with which it is affiliated.

Base (or Base Station) is the Commission licensed business dispatching a particular type of Vehicle. This term is used more specifically in some Chapters.

Bidder means an individual submitting a sealed bid for one or more Lots of Taxicab Medallions or a Business Entity to which an individual Bidder assigns a bid.

Black Car is a Vehicle that affiliates with a Black Car Base.

Black Car Base is a “central dispatch facility” (as the term is defined in New York Executive Law, § 160-cc) and For-Hire Base that operates as follows:

  1. All Black Car Vehicles are dispatched on a pre-arranged basis;
  2. All Black Car Vehicles are owned by franchisees of the Base or are members of a cooperative that operates the Base; and
  3. More than ninety percent (90%) of the Base’s business is on a payment basis other than direct cash payment by a Passenger.

Black Car Fund is the New York Black Car Operators’ Injury Compensation Fund, Inc. established under Article 6-F of the NYS Executive Law.

Broker is an individual or Business Entity licensed by the Commission to act as an agent for another person or Business Entity in negotiating either of the following:

  1. The transfer of any interest in a Medallion
  2. A loan to be secured by a Medallion or a Taxicab.

Brokerage is the business of being a Broker.

Business Entity is a sole proprietorship, corporation, partnership or limited liability company. A Business Entity can be further limited in a Chapter.

Business Entity Persons may mean:

  1. The proprietor of a sole proprietorship
  2. All shareholders of a corporation
  3. All officers of a corporation
  4. All partners of a partnership
  5. All members of a limited liability company.

Certified Taximeter Technician means a technician certified by a Licensed Taximeter Manufacturer to perform work on its Taximeters.

Chairperson shall mean the Chairperson of the Taxi and Limousine Commission or his or her designee.

Chapter refers to a chapter in these Rules.

Chauffeur’s License means:

  1. A Valid NYS driver’s license Class A, B, C or E; or
  2. A Valid license of similar class from another state of which the Licensee is a resident.

Claim Letter is a letter asserting a possible Excess Claim against an Owner of a Taxicab Medallion.

Clean Air Vehicle is a Vehicle that uses a type of fuel which allows the Vehicle to:

  1. Receive an air pollution score of 9.0 or higher from the U.S. EPA and
  2. Emit 6.4 tons or less of equivalent carbon dioxide per year, as estimated by the U. S. Department of Energy.

Clean Air Vehicle Level I is a vehicle that uses a type of fuel which allows the vehicle to:

  1. Receive an air pollution score of 9.5 or higher from the U.S. EPA and
  2. Emit 5.0 tons or less of equivalent carbon dioxide per year, as estimated by the U. S. Department of Energy.

Clean Air Vehicle, Level II is any Clean Air Vehicle that does not meet the standards of a Clean Air Vehicle Level I.

Closing Deadline is the date by which a winning Bidder must close on any Lot as established in 35 RCNY § 65-07(a).

Collision is a traffic incident involving the impact of a vehicle with another vehicle, person, animal or property. Collisions shall include those events referenced as “incidents” and “accidents” by the New York State Vehicle and Traffic Law.

Commercial Motor Vehicle Tax is the tax imposed by §§ 11-800 et seq. of the Administrative Code and includes the amount of any fines and penalties that are due for late or non-payment. Under Section 11-802 of the Administrative Code, the vehicle owner, as defined in Section 11-801 of the Administrative Code, is responsible for payment of the Commercial Motor Vehicle Tax.

Commission means the New York City Taxi and Limousine Commission.

Commuter Van Driver’s License is a License to drive a Commuter Van Vehicle

Commuter Van Service. A service that is Authorized by the Commission to use Commuter Vans to provide transportation into, out of, or within New York City:

  1. on a prearranged, regular daily basis,
  2. over non-specified or irregular routes, and
  3. between a zone in a residential neighborhood and a location which will be a work related central location, a mass transit or mass transportation facility, a shopping center, recreational facility or airport.

Commuter Van Vehicle. A motor vehicle having a seating capacity of at least nine (9) but not more than twenty (20) passengers that has been licensed by the Commission to carry passengers for hire in an Authorized Commuter Van Service.

Congestion Zone is the geographic area of Manhattan south of and excluding 96th Street.

Continuing Sex Trafficking Awareness Training refers to written materials developed and approved by the Commission that meet the requirements of subdivision q of Section 19-505 of the Administrative Code.

Critical Driver’s Program is a Commission program that imposes additional penalties on a Driver who accumulates a certain number of Department of Motor Vehicle points on his or her driver’s license within a certain amount of time.

Critical Injury is any injury determined to be critical by the emergency medical service personnel responding to a crash.

Cruising is the time a For-Hire Vehicle spends available to receive dispatches from a Base or High-Volume For-Hire Service while not transporting a passenger. Cruising includes the time a For-Hire Vehicle spends driving to pick up a passenger on a trip dispatched by a Base or a High-Volume For-Hire Service.

Decal is a sticker issued by the Commission and attached to a For-Hire Vehicle as evidence that it is a Licensed Vehicle.

De-licensed means an individual or Business Entity whose License is suspended or revoked.

Default is a decision against a Respondent after a Respondent fails to appear for a hearing, enter a plea, or make a request to reschedule as required by 48 RCNY Chapter 5 of the Rules of the City of New York.

Defensive Driving Course refers to a course in defensive driving and accident prevention that is approved by the Commission and by the New York State Department of Motor Vehicles.

Digital Wallet Application. An application residing on an electronic device which passes user payment data to a point-of-sale device using Near-Field Communication (“NFC”) technology, does not receive payment amount information regarding the transaction, and does not modify or edit the amount to be paid.

Discretionary Revocation is the imposition of the penalty of revocation when a Rule does not specify that revocation must be imposed (for example, when “revocation” follows “or” or “and/or” in a penalty box); Discretionary Revocation can be sought by the Chairperson for any Rule violation, if the Chairperson determines that the continued licensure of the Respondent presents a threat to public health, safety, or welfare.

Dispatch is a request made from a Base Station to a Driver, directing the Driver to provide transportation to a passenger who has previously arranged for such transportation.

Dispatch and Pay. A type of E-Payment for a licensed E-Hail Application that allows passengers to pay for E-Hailed Taxicab or Street Hail Livery fares through the E-Hail Application.

Dispatch Equipment. The “Dispatch Equipment” is the communications equipment provided by the Accessible Taxi Dispatcher or an acceptable interface with the Taxicab Technology System and the Street Hail Livery Technology System, that allows Approved Drivers operating Accessible Vehicles to receive dispatches from the Accessible Taxi Dispatcher.

Dispatch Fee is the fee payable to the Driver of an Accessible Taxicab, according to the Dispatch Fee schedule, for completing or attempting to complete a trip dispatched by the Accessible Taxi Dispatcher. The Dispatch Fee schedule, including cancellation fees and passenger no-show fees, will be determined by the Commission, and posted on the Commission’s website, every six months based on a review of available funds and the Accessible Taxi Dispatcher’s service rates.

Dispatch Service is dispatching, reserving, or referring trips to Drivers on behalf of TLC-licensed Bases through a publicly available, Passenger-facing booking tool. Dispatch Service does not include a Base dispatching through a Passenger-facing booking tool that uses the same public-facing name in its branding, operations, promotions, or advertisements as the trade, business, or operating name the Base has on file with the TLC. Dispatch Service does not include a Base dispatching or managing its fleet under the trade, business, or operating name the Base has on file with the TLC using commercial dispatching software.

Dispatch Service Provider. An entity licensed by the TLC under 35 RCNY Chapter 77 to provide Dispatch Services for licensed FHV Bases.

Distracted Driving Course means a course of training that is approved by the Commission and that covers the dangers of driving while Using an Electronic Communication Device and about the rules governing the Using of an Electronic Communication Device.

DMV means the NYS Department of Motor Vehicles.

Driver is a person licensed by the Commission to drive a Commission-Licensed Vehicle.

Driver Authorization Statement is the document an Owner files with the Commission indicating that a Taxicab will be operated by the Named Drivers listed or by Unspecified Drivers, along with the required additional information.

Drugs mean any drug or other substance defined as a controlled substance in § 3306 of the Public Health Law.

E-Dispatch is a Dispatch arranged through a licensed Dispatch Service Provider.

E-Hail is a Hail requested through an E-Hail Application.

E-Hail Application or E-Hail App. A Software program licensed by the TLC under 35 RCNY Chapter 78 residing on a smartphone or other electronic device and integrated with the Technology System which performs one or more of the following functions:

  1. allows a passenger to identify the location(s) of available Taxicabs or Street Hail Liveries in a given area and allows a Taxicab or Street Hail Livery Driver to identify the location of a passenger who is currently ready to travel;
  2. allows a passenger to hail a Taxicab or Street Hail Livery via the electronic device;
  3. allows a Taxicab or Street Hail Livery Driver to receive a hail request from such a passenger if the application provides for connecting a passenger to a Taxicab or Street Hail Livery Driver; or
  4. E-Payment.

E-Payment. A feature of a licensed E-Hail Application that is either Dispatch and Pay or Hail and Pay.

Electronic Communication Device means any portable or hands-free electronic device able to do any of the following:

  1. Make a telephone call.
  2. Send or receive a text message.
  3. Allow a user to speak on the device hands-free or operate the device by voice command, even when allowed by New York State Law.
  4. Act as a personal digital assistant.
  5. Send or receive data, voice or images from the internet or from a wireless network.
  6. Act as a laptop or portable computer.
  7. Send or receive pages.
  8. Allow two-way communications between different people or parties.
  9. Play games.
  10. Play music, audio, or video.
  11. Make or display images.
  12. Transfer images, sound, text or messages.
  13. Provide a function which can distract a Driver.

Exceptions: Any device specifically authorized to be used while a Driver is driving a Vehicle by a Rule is NOT an Electronic Communication Device. A GPS is NOT an Electronic Communication Device as long as the Vehicle is legally standing or parked while the Driver is inputting or transmitting data.

Electronic Trip Record System is the hardware and software that collects and stores the data that must be recorded for each passenger trip.

Email Address is the email address designated by a Licensee or an Applicant for a License where the Licensee or Applicant will receive notices, appointments, reminders or other correspondence from the Commission. Any communication from the Commission, except notices and summonses for which the manner of service is specified in 35 RCNY § 68-05, is sufficient if sent by email to the Email Address. The Email address is not the Mailing Address.

Escrow Amount is the amount for which an escrow account is required to be established in order to satisfy one or more Excess Claims.

Excess Claim is a tort claim asserted against the Owner of a Taxicab Medallion for more than the amount of insurance covering the Taxicab at the time the claim arose.

Exclusive Listing means that the Broker has been given the right to be the only Broker for a particular transaction. Usually the right will be limited to a specific period of time.

Facilitate Sex Trafficking with a Vehicle means (1) conviction of any of the following crimes set forth in the New York State penal law: 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 a crime.

Fair Market Value in reference to the transfer of a Taxicab Medallion is the average value of arms-length transactions for similar Medallions during the prior calendar month, as determined by the Commission.

Final Decision is the decision of the Hearing Officer at the Taxi and Limousine Tribunal at OATH and is subject to the appeals process provided for in Chapter 5 of Title 48 of the Rules of the City of New York and the Chairperson review process provided for in 35 RCNY § 68-12.

Finding of Public Need is a determination that a CommuterVan Service being proposed will be required either now or in the future for the convenience and necessity of the public.

Feed Line is the line of Taxicabs that feeds into the specific pick-up location to pick up a Passenger.

Fit to Hold a License means

•   The Applicant or Licensee meets and will continue to meet all of the qualifications for the License sought or held as established by applicable Rules and laws.

•   The Applicant or Licensee is of good moral character.

•   The Applicant or Licensee has been and will be candid and forthcoming with the Commission and honest in dealing with the public.

•   The Applicant or Licensee has reliably complied with and will reliably comply with all of the rules and laws associated with holding the particular TLC License.

•   Where an Applicant has engaged in conduct that resulted or could have resulted in the suspension or revocation of a TLC License, the Applicant shows that he or she will not engage in similar conduct in the future.

Flat Rate is a definite dollar amount that will be charged to a Taxicab passenger for a specific trip, and is fixed before the trip begins (NOTE: “double the Taximeter” is not a Flat Rate)

Fleet is a Business Entity organized for the purpose of owning or operating Taxicabs that meets the following requirements:

  1. Controls a minimum of 25 Taxicabs
  2. has a single business location that is adequate for the storage, maintenance, repair and dispatch of the Fleet Taxicabs and the storage and maintenance of records
  3. operates with a dispatcher on the premises at least 18 hours every day, who assigns Drivers to Fleet Taxicabs.

For-Hire Base (or “Base”) is the Commission-licensed business for dispatching For-Hire Vehicles and the physical location from which For-Hire Vehicles are dispatched; a For Hire Base can be any of the following: A Black Car Base, A Livery Base (or Base Station), A Luxury Limousine Base.

For-Hire Driver is the Driver of a For-Hire Vehicle.

For-Hire Vehicle is a motor Vehicle licensed by the Commission to carry Passengers for-hire in the City, which:

  1. Has a seating capacity of 20 or fewer Passengers
  2. Has three or more doors;
  3. Is not a Taxicab, a Commuter Van, or an authorized bus as defined by NYS law.

GPS means a device using a global positioning navigation system to which all of the following apply:

  1. The GPS uses a voice function to convey directions.
  2. The Driver does not input or transmit data unless legally standing or parked.
  3. The GPS transmits only geographical direction information.
  4. Except for the transmission of geographical direction information, the GPS cannot be used as an Electronic Communication Device in any other way.

(Note: A GPS which a Driver is operating by inputting or transmitting data while the Vehicle is not legally standing or parked is an Electronic Communication Device.)

Government means the United States, any state or territory, or any political subdivision of a state or territory.

Hack-up means to outfit a vehicle as a Medallion Taxicab and obtain approval from the Commission for that vehicle to serve as a Taxicab for the first time.

Hail. A request, either through a verbal (audio) action such as calling out, yelling, or whistling, and/or a visible physical action such as raising one’s hand or arm, or through an electronic method such as an E-Hail App, for on-demand Taxicab or Street Hail Livery service at the metered rate of fare as set forth in 23 RCNY § 58-26 and 35 RCNY § 82-26 by a person who is currently ready to travel.

Hail and Pay. A type of E-Payment for a licensed E-Hail Application that allows passengers to pay for Street-Hailed Taxicab or Street Hail Livery fares through the E-Hail Application.

Hail Exclusionary Zone. The Hail Exclusionary Zone is the area in which Street Hail Liveries are NOT permitted to accept a passenger by hail. The Hail Exclusionary Zone is:

  1. Manhattan south of East 96th St. and West 110th St.
  2. The New York City Airports.

Hail Trip. A Hail Trip, for a Street Hail Livery, is a trip commenced by the Street Hail Livery Driver accepting a passenger by hail.

Hail Zone. The Hail Zone is the area in which Street Hail Liveries are permitted to accept passengers by hail. The Hail Zone is all areas of New York City except:

  1. Manhattan south of East 96th St. and West 110th St.
  2. The New York City Airports.

Hardware. Equipment or machinery, together with all associated components, media, firmware and other embedded software and instructions provided, operated or maintained in connection with the functioning of a Technology System.

Hearing is the presentation and consideration of evidence before an Administrative Law Judge.

Hearing Induction Loop is a device that transmits sound directly to hearing aids equipped with a “T-coil” (a small copper wire located inside the hearing aid) or cochlear implants.

Hearing Officer is a person designated by the Chief Administrative Law Judge of OATH, or his or her designee, to carry out the adjudicatory powers, duties and responsibilities of the Taxi and Limousine Tribunal.

High-Volume For-Hire Service is a Commission-licensed business that facilitates or otherwise connects passengers to for-hire vehicles by prearrangement, including through one or more licensed For-Hire Vehicle Bases, using a passenger-facing booking tool, and that dispatches or facilitates the dispatching of ten-thousand (10,000) or more trips in the City per day. Any and all bases using a common brand, trade, business or operating name will be considered together for purposes of identifying a High-Volume For-Hire Service.

Hybrid Electric Vehicle is a commercially available, mass-produced vehicle originally equipped by the manufacturer with a combustion engine system and an electric propulsion system that operate in an integrated manner.

Independent Base Station is a Livery Base Station that is designated as an independent livery base under § 18-c of the NYS Workers’ Compensation Law because it has joined the Livery Fund.

Independent Livery Driver is the Driver of a Livery which is affiliated with an Independent Base Station.

Independent Medallion is a class of Medallion Taxicab License, the owner of which may only own one Medallion.

Initial High-Volume For-Hire Service Issuance Period is the three month period beginning on a date posted on the Commission’s website during which a Base, or collection of Bases operating under the same brand, trade, business, or operating name, that connects passengers to For-Hire Vehicles by prearrangement and dispatches or facilitates the dispatching of ten thousand or more trips in the City per day using a passenger-facing booking tool must apply for a High-Volume For-Hire Service License under Subchapter 59D of 35 RCNY Chapter 59 or be listed as a Base through which a High-Volume For-Hire Service dispatches trips on an application for a High-Volume For-Hire Service License.

Initial Street Hail Livery Base Issuance Period. The Initial Street Hail Livery Base Issuance Period will be the one month period beginning on a date posted on the Commission’s Web site during which Street Hail Livery Base Licenses will be issued.

Initial Street Hail Livery License Issuance Period. The Initial Street Hail Livery License Issuance Period is the one-year period beginning on the date of issuance of the first Street Hail Livery License.

Issuing Jurisdiction is a county within New York State and covered by and compliant with section 498 of the New York Vehicle and Traffic Law that issues its own approval to allow a vehicle within its jurisdiction to contract for hire and perform pre-arranged pick-ups and drop-offs of one or more Passengers.

Legatee means someone to whom the proceeds of an estate are to be distributed.

License is the formal approval given by the Commission certifying that a Driver, Owner, Vehicle, Base Station or other service, business or equipment has met the relevant criteria and is now qualified to operate under the supervision of the Commission. An Authorization is a License.

Licensed Taxicab. See “Taxicab” (The terms “Medallion Taxicab,” “Licensed Medallion Taxicab,” and “Taxicab” mean the same thing, and may be used interchangeably.)

Licensee is an individual or Business Entity that has been issued a License by the Commission, and shall include Licensees whose Licenses have been suspended unless the context of these rules clearly dictate otherwise.

Limited Business Entity Persons are all Business Entity Persons except shareholders holding less than 10% of the stock of the Business Entity.

Livery is a For-Hire Vehicle that is affiliated with a Livery Base Station.

Livery Base Station (“Base” or “Base Station”) is a For-Hire Base that operates as follows:

  1. All Livery Vehicles are dispatched from the Base on a pre-arranged basis.
  2. All Livery Vehicles are designed to carry fewer than six (6) Passengers
  3. Passengers are charged for service on the basis of a flat rate, time, mileage, or zones.

Livery Fund is the independent livery driver benefit fund established under Article 6-G of the NYS Executive Law.

Long-Haul is a trip that begins at certain transportation terminals and is of at least a certain distance or time.

Long-Term Driver is a Licensed Medallion Taxicab Driver who meets all of the following conditions:

  1. Personally drives the Taxicab at an annual rate of at least 160 hours per month;
  2. Owns the Medallion or is leasing the Medallion for a term of no less than five months; and
  3. Is a Long-Term Driver on no more than one Taxicab.

Lot is one or more Medallions being sold in a single unit. See 35 RCNY Chapter 65, Medallion Sales.

A Luxury Limousine is a For-Hire Vehicle that is affiliated with a Luxury Limousine Base.

A Luxury Limousine Base is a For-Hire Base that operates as follows:

  1. All Luxury Limousines are dispatched from the Base by pre-arrangement;
  2. Luxury Limousine Vehicles have a seating capacity of 20 or fewer Passengers;
  3. More than ninety percent (90%) of its business is on a payment basis other than direct cash payment by a Passenger.
  4. Passengers are charged “garage to garage” service on the basis of a flat rate, time or mileage.

Mailing Address is the address (other than the Email Address) designated by a Licensee or an Applicant for a License where Licensee or Applicant will receive notices, summonses and other communications sent by mail; specific requirements are noted as applicable in Chapter definitions. Any communication from the Commission is sufficient if sent to the Mailing Address.

Mandatory Revocation is the imposition of the penalty of revocation when a Rule specifies that revocation must be imposed.

Manufacturer’s Representative. An individual or Business Entity appointed by a Taximeter Manufacturer to hold a License on behalf of that manufacturer and to carry out that manufacturer’s duties and responsibilities as a Licensee under this chapter.

Market Value in reference to the transfer of a Taxicab Medallion will be the greater of: (i) the actual consideration being paid for the transfer; or (ii) the Fair Market Value.

Maximum Escrow Amount means:

  1. the Market Value of the Taxicab Medallion being transferred less the value of any debt or liens secured by the Medallion and the Transfer costs

PLUS

  1. the value of any proceeds of any refinancing received by the Owner which was not used to reduce any previously existing debt or liens secured by the Medallion following the date of an occurrence of an alleged tort involving the Taxicab which tort gives rise to a potential Excess Claim.

Medallion is the numbered plate originally issued by the Commission and affixed to the outside of a Taxicab as physical evidence that the Taxicab has been licensed to operate as a Medallion Taxicab.

Medallion Taxicab. See “Taxicab”. (The terms “Medallion Taxicab,” “Licensed Taxicab,” and “Taxicab” mean the same thing, and may be used interchangeably.)

Merchant means an individual or Business Entity who holds a Commission License and who has agreed to do the following:

  1. Facilitate contracts between Taxicab Technology Service Providers or Street Hail Livery Technology System Providers and, for each Provider, one of the ten largest, by volume, merchant banks in the United States or one credit/debit card services processor who meets PCI standards (as defined in 35 RCNY Chapter 83), and
  2. Enter into a contract for the provision of credit/debit card services for in-vehicle payment of Taxicab or Street Hail Livery fares.

Minifleet is a Business Entity licensed by the Commission to own and operate two or more taxicabs; Minifleets often contract with a Fleet for the daily storage and dispatch of its Taxicabs.

Minifleet Medallion means a Medallion Taxicab License that is classified and must be owned in groups of at least two.

MTA Tax is the 50 cent tax on taxicab trips imposed by Article 29-A of the NYS Tax Law.

New Rules means Title 35 of the Rules of the City of New York and any amendments that become effective on and after the Activation Date.

Notice of Seizure is a document served upon and mailed to an owner of a vehicle that has been seized and removed to a secure facility.

NYC (or “the City”) means New York City.

NYS means New York State.

OATH is the New York City Office of Administrative Trials and Hearings

OATH Administrative Law Judge (OATH ALJ) is a person appointed by the Chief Administrative Law Judge of OATH, or his or her designee, pursuant to the Charter of the City of New York paragraph 1049(1)(a), to carry out the adjudicatory powers, duties and responsibilities of the OATH Tribunal.

OATH Tribunal is the New York City Office of Administrative Trials and Hearings tribunal established by Charter subdivision 1048(1) and 48 RCNY Chapter 1.

Official Bus Route means the route, including all stops, traveled upon by a bus line that is operated by:

  1. The New York City Transit Authority
  2. The City of New York, or
  3. A private bus company that is regulated or franchised by local law or Charter provision in accordance with section 80(4) of the Transportation Law.

Old Rules means Title 35 of the Rules of the City of New York as in effect before the Activation Date.

Official Taxicab Vehicle (“OTV”) is the vehicle that is a purpose built taxicab for model years 2014 - 2024, manufactured pursuant to the City’s contract with Nissan North America. All references to OTV include Accessible OTV unless otherwise specified.

Official Taxicab Vehicle Activation Date (“OTV Activation Date”) is the date on or after which the Official Taxicab Vehicle is required to be used in the Hack-up of any Unrestricted Medallion unless otherwise provided in 35 RCNY Chapter 67.

Owner means the legal owner and is further defined in each relevant Chapter.

Paratransit Base or Base Station is the facility from which a paratransit service operates a transportation service for Persons with Disabilities, including all ambulette services.

Paratransit Disability is a physical or mental impairment, including a mobility impairment which requires the use of a wheelchair, three-wheeled motorized scooter or other mobility aid, or prevents a person from boarding, riding or disembarking from a vehicle without the assistance of a wheelchair lift or other boarding assistance device.

Paratransit Vehicle (also know as a wheelchair accessible van) is any motor vehicle, equipped with a hydraulic lift or ramp(s) designed for the purpose of transporting persons who use wheelchairs or containing any other physical devices designed to permit access to and the transportation of a person with a Paratransit Disability

Passenger means a person riding in a Vehicle, other than the Driver.

Passenger-Facing Booking Tool is an application on a smartphone or other electronic device that allows communication between a Passenger and a For-Hire Base or High-Volume For-Hire Service. Such communication includes but is not limited to allowing a Passenger to request, book, or pay for a trip.

Passenger Manifest is the document on which a Commuter-Van Driver enters the name of each passenger to be picked up.

Penalty Point is a non-monetary penalty assessed against either a Base Owner or the Owner of a For-Hire Vehicle if they are convicted of certain violations of these Rules.

Persistent Violator Program establishes additional penalties for Drivers who repeatedly violate these Commission Rules within a certain amount of time. Persistent Violator penalties are determined based on points accrued as part of the penalties established by these Rules.

Persons with a Disability (or People with Disabilities) means an individual with a physical or mental impairment or incapacity, including a person who uses a wheelchair, crutches, three-wheeled motorized scooter, other mobility aid, or a Service Animal, but who can transfer from such a mobility aid to a Taxicab, For-Hire Vehicle or Commuter Van with or without reasonable assistance.

Personal Use – Off Duty is the designation made when a Driver is no longer operating the Taxicab or Street Hail Livery for hire.

Petition is a request or application for the Commission to adopt a rule.

Point Reduction Course refers to a course that drivers can voluntarily take to reduce points accumulated under the Persistent Violator Program.

Pre-Arranged Exclusionary Zone. The Pre-Arranged Exclusionary Zone is the area in which Street Hail Liveries are NOT permitted to begin a Pre-Arranged Trip. The Pre-Arranged Exclusionary Zone is:

  1. Manhattan south of East 96th St. and West 110th St.

Pre-Arranged Trip. A Pre-Arranged Trip, for a Street Hail Livery, is a trip commenced by a Passenger pre-arranging a trip through a Base, by telephone, smartphone application, website, or other method. Note that a Street Hail Livery cannot accept a Pre-Arranged Trip beginning in the Pre-Arranged Exclusionary Zone. A Pre-Arranged Trip does NOT include a trip that is regular paratransit service or is service provided to individuals with disabilities by or on behalf of the Metropolitan Transportation Authority.

Prior Claim Letter is a Claim Letter received by the Commission prior to February 1, 2009.

Qualified Vehicle License (or “QVL”) is the license issued by a Qualified Jurisdiction to that jurisdiction’s vehicles authorizing them to provide pre-arranged, for-hire transportation within its boundaries.

Qualified Driver’s License (or “QDL”) is a license issued by a Qualified Jurisdiction to that jurisdiction’s drivers authorizing them to operate an authorized vehicle to provide pre-arranged, for-hire transportation within its boundaries.

Rate Card is a card issued by the Commission for each Medallion Taxicab, which displays the Taxicab Medallion number, Rates of Fare, and such other data as the Commission may require.

Rate Schedule is the Commission-approved listing of the manner in which and the amount of fare a Commission service is permitted to charge a passenger.

Rates of Fare is a listing of the manner and amount of fares Medallion Taxicab Drivers may charge passengers, as established by the Commission.

Reciprocity (or Reciprocal Recognition) means that:

  1. New York City For-Hire Vehicles and Drivers can pick up or drop off Passengers in a Qualified Jurisdiction for trips ending or beginning in NYC, and
  2. Vehicles and drivers that are licensed to perform for-hire transportation by a Qualified Jurisdiction can pick up or drop off Passengers in NYC for trips ending or beginning in a Qualified Jurisdiction.

Recommended Decision. A Recommended Decision is a decision made by an OATH ALJ following a Hearing that must be reviewed by the Chairperson, either in its entirety or for the appropriateness of the penalty being imposed, before it becomes final.

Reserve Status Bids are the highest ten percent of the non-winning bids in each category, unless the Chairperson determines that a greater number of non-winning bids will receive Reserve Status and sets a higher qualifying percentage. A bid holding Reserve Status is a Reserve Status Bid and is converted to a winning bid when a winning Bidder fails to comply with the Closing Deadlines established in these Rules.

Respondent is an individual or Business Entity who has been noticed and charged with a violation of one or more of these Rules or the Administrative Code, or with being not Fit to Hold a License.

Restricted Medallion is a Medallion restricted to use with a particular type of vehicle, such as either an Accessible Medallion or an Alternative Fuel Medallion;

Roof Light is a light attached to the roof of a vehicle, or extending above the roofline of a vehicle, for the purpose of displaying information.

Rule(s) refers to any rule adopted by the Commission, or this set of Rules that comprises Title 35 of the Rules of the City of New York.

Safety and Emissions Inspection means the required vehicle inspections conducted at the Commission’s inspection facility.

Scheduled Retirement Date is the date on which a Taxicab must be retired from service, as determined in 35 RCNY § 67-18, unless extended as provided in 35 RCNY § 67-19.

Seal means a prophylactic device, approved by the Commission, that is used on a Taximeter, wire, wiring mechanism, gear or other device, so that no adjustment, repair, alteration or replacement can be made without removing or mutilating the Seal or Seals.

Seating Capacity means the maximum number of adult passengers a vehicle is intended to carry according to the manufacturer’s specifications.

Second Street Hail Livery Base Issuance Period. The Second Street Hail Livery Base Issuance Period will be the five month period beginning the day after the Initial Street Hail Livery Base Issuance Period ends and will be the second period during which Street Hail Livery Base Licenses will be issued.

Second Street Hail Livery License Issuance Period. The Second Street Hail Livery License Issuance Period is the one-year period beginning the day after the Initial Street Hail Livery License Issuance Period ends, and ending 12 months later.

Secondary Owner is an individual or Business Entity that has a lien or mortgage or any other type of legal interest in a Vehicle.

Secured Lender Escrow Amount means the Market Value of the Taxicab Medallion being transferred less the value of any debt or liens secured by Medallion and the Transfer Costs.

Secured Lender Recipient means a secured creditor seeking to repossess or foreclose upon a Taxicab Medallion in order to realize the value of its secured interest, but not applying to operate the Taxicab Medallion and not eligible to be considered a Transferee, provided the Secured Lender Recipient places the Medallion in storage as required in 35 RCNY § 58-46(c).

Serious Crash is a crash in which any person has suffered Critical Injury or death.

Service Animal means a guide dog, signal dog or any other animal trained specifically to work or to perform tasks for an individual with a disability, including, but not limited to, guiding individuals with visual impairments, alerting individuals with hearing impairments to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair or retrieving dropped items.

Sex Trafficking Awareness Training refers to a training course developed and approved by the Commission that meets the requirements of subdivision q of Section 19-505 of the Administrative Code.

Sexual Contact means any touching of the sexual or other intimate parts of a person by the licensee. It also includes the touching of the licensee by the member of the public when the touching is forced by the licensee. Touching can be direct or through clothing, as well as the emission of ejaculate by the licensee upon any part of the member of the public, clothed or unclothed.

Sexual Harassment means engaging in any conversation or conduct related to sexual acts, sexual contact, or sexual/intimate body parts, or expressing a desire to enter into a sexual relationship or asking about a person’s sexual relationships.

Short Haul is a trip that begins at certain transportation terminals and is less than of less than a certain distance or time.

Software. The object code versions of any applications, programs, operating system software, computer software languages, utilities, other computer programs and related documentation in whatever form or media, including the tangible media upon which such applications, programs, operating system software, computer software languages, utilities, other computer programs and related documentation are recorded or printed, together with all corrections.

Stand-By Vehicle means any vehicle licensed by the Commission to be used by a Fleet as a replacement for a Licensed Taxicab that is temporarily out of service.

Stop-Use Directive is a notice sent to an Owner by the Commission directing the Owner to stop using a designated Agent because that Agent’s License has been revoked or suspended or the Agent is not permitted to manage the Owner’s Medallion(s).

Street Hail Livery. A Street Hail Livery is a Commission-licensed For-Hire Vehicle, or, for purposes of being a Street Hail Livery, a Commission-licensed Paratransit Vehicle, that is authorized to accept persons by hail in the Hail Zone. A Street Hail Livery must be affiliated with a Street Hail Livery Base.

Street Hail Livery Base. A Street Hail Livery Base is a Commission-licensed Base that affiliates and dispatches Street Hail Liveries and For-Hire Vehicles or affiliates and dispatches Street Hail Liveries and Paratransit Vehicles, or affiliates and dispatches only Street Hail Liveries, and the physical location from which Street Hail Liveries or other Vehicles are dispatched.

Street Hail Livery Base License. A Street Hail Livery Base License is the Commission issued License which authorizes a Base to act as a Street Hail Livery Base. A Street Hail Livery Base License is not transferrable.

Street Hail Livery Driver. A Street Hail Livery Driver is a Driver who is authorized to drive a Street Hail Livery as set forth in 35 RCNY Chapter 80.

Street Hail Livery Improvement Fund is the City-managed fund, which is funded by the Street Hail Livery Surcharge and from which subsidy payments will be made to Street Hail Livery Licensees who are required to purchase an Accessible Vehicle, and to Drivers who operate Accessible Street Hail Liveries. Certain monies remitted to the Street Hail Livery Improvement Fund will be used to make grants of equal, set amounts to all vehicle owners who will be required to purchase Accessible Vehicles or for other programs to enhance the accessibility of Street Hail Liveries. Monies in the Fund may also be used for other purposes, including, but not limited to, offsetting the costs associated with driver training and funding the Accessible Vehicle dispatch program established in 35 RCNY Chapter 53. Monies in the Fund will also be paid to Drivers who operate Accessible Street Hail Liveries.

Street Hail Livery Improvement Surcharge is the surcharge of $0.30 per trip that will be added to every Hail Trip in a Street Hail Livery beginning on January 1, 2015. The Street Hail Livery Improvement Surcharge will be deposited into the Street Hail Livery Improvement Fund.

Street Hail Livery License. A Street Hail Livery License is the License authorizing a Commission-licensed For-Hire Vehicle or Paratransit Vehicle to act as a Street Hail Livery. A Street Hail Livery License is transferrable in the manner provided by 35 RCNY Chapter 82.

Street Hail Livery Licensee. A Street Hail Livery Licensee is an individual or Business Entity which owns a Street Hail Livery License.

Street Hail Livery License Priority Issuance Period. The Street Hail Livery License Priority Issuance Period is the three year period beginning on the first day of the Street Hail Livery Initial Issuance Period and ending three years later.

Substantial Interest in Taxicab Medallions means direct or indirect ownership of four or more Medallions that can result from one or more of the following:

  1. Ownership of 25 percent or more of the stock in one or more corporations that own Medallions
  2. Ownership of 25 percent or more of the membership interests in one or more limited liability companies that own Medallions
  3. A partnership interest in one or more partnerships that own Medallions
  4. Being an officer in one or more corporations that, in the aggregate, have a direct or indirect equity interest in four or more Medallions.

Summary Suspension means that a Licensee’s License is suspended before a hearing is held on the violation.

Taxi and Limousine Tribunal at OATH (or Taxi and Limousine Tribunal) is the Office of Administrative Trials and Hearings tribunal established under 48 RCNY Chapter 5 that has, except as otherwise provided in these Rules, jurisdiction over:

  1. Violations of Title 19, Chapter 5 of the Administrative Code
  2. Violations of Commission Rules
  3. Review of the fitness of an Applicant or a Licensee to hold a License.

Taxi Stand is a place where Taxicabs are authorized (either by NYC Department of Transportation or a transportation terminal operator) to line up and wait for customers.

Taxicab means a motor vehicle, yellow in color, bearing a Medallion indicating that it is licensed by the Commission to carry up to five passengers for hire and authorized to accept hails. (The terms “Medallion Taxicab,” “Licensed Taxicab,” and “Taxicab” mean the same thing, and may be used interchangeably.)

Taxicab Candidate is a vehicle being considered for use as a Taxicab Model.

Taxicab Identification Braille Plaque is a plaque required to be attached to the interior of a taxicab that identifies in Braille its medallion number, and contains in Braille the word COMPLAINTS and a telephone number.

Taxicab Identification Raised Lettering Plaque is a plaque required to be attached to the interior of a taxicab that identifies in raised lettering its medallion number, and contains in raised lettering the word COMPLAINTS and a telephone number.

Taxicab Improvement Fund is the City-managed fund, which is funded by the Taxicab Improvement Surcharge and from which subsidy payments will be made to Medallion Owners or their Agents, or Drivers, who are required to purchase an Accessible Vehicle pursuant to 35 RCNY § 58-50, and to Drivers who operate Taxicabs required to be accessible pursuant to 35 RCNY § 58-50. Monies remitted to the Taxicab Improvement Fund will be used to make grants of equal, set amounts to all vehicle owners of vehicles in use with Medallions who will be required to purchase Accessible Vehicles under 35 RCNY § 58-50. Monies in the Fund may also be used for other purposes, including, but not limited to, offsetting the costs associated with driver training and funding the Accessible Vehicle dispatch program established in 35 RCNY Chapter 53. Monies in the Fund will also be paid to Drivers who operate Accessible Taxicabs, including those required to be accessible pursuant to 35 RCNY § 58-50.

Taxicab Improvement Surcharge is the surcharge of $0.30 per trip that will be added to every taxicab trip beginning on January 1, 2015. The Taxicab Improvement Surcharge will be deposited into the Taxicab Improvement Fund.

Taxicab License is the authority granted by the Commission for an Applicant to own and operate a designated vehicle as a Taxicab within the Commission’s jurisdiction, as evidenced by the Medallion affixed to the hood of the vehicle.

Taxicab Model is the OTV, the Accessible OTV, or a Taxicab Candidate that has been verified by the Commission as complying with the standard specifications set forth in 35 RCNY § 67-05.1 or § 67-05.2.

Taximeter is an instrument or device approved by the Commission that automatically calculates and plainly indicates the charge to a passenger for hire in a Taxicab or Street Hail Livery.

Taximeter Business is a business licensed by the Commission that sells new or used Taximeter equipment or installs, repairs, adjusts, tests, seals, or calibrates Taximeters and/or Taxicab Roof Lights.

Taximeter Manufacturer means an entity licensed by the Commission that manufacturers Taximeters; only Taximeters made by a licensed Taximeter Manufacturer may be installed or used in Taxicabs.

Taxpayer is a person or Business Entity required to pay the MTA Tax.

Technology System is an integrated system of Hardware and Software installed in a Taxicab or Street Hail Livery that complies with the technical requirements set forth in 35 RCNY § 66-24.

Technology System Provider means a vendor who has been licensed by the Commission to install and maintain Technology Systems in Taxicabs and Street Hail Liveries.

Third Street Hail Livery License Issuance Period. The Third Street Hail Livery License Issuance Period is the period beginning the day after the Second Street Hail Livery License Issuance Period ends.

TLC Driver License means the authority granted by the Commission to an individual to drive a Taxicab, For-Hire Vehicle or Street Hail Livery in the City of New York.

Tort Letter is a statement from the insurer of a Taxicab stating whether or not the insurer is aware of any Excess Claims against the Taxicab Medallion or its Owner.

Transfer means the transfer of all or any portion of a Medallion ownership interest, including the transfer of interests in a Business Entity owning Medallions.

Transferee is an Applicant seeking approval from or approved by the Chairperson to own and operate a Medallion Taxicab in which Applicant is acquiring or has acquired an interest, either directly or indirectly, through a transfer described in 35 RCNY § 58-43.

Transfer Costs means the administrative costs involved in processing a transfer of ownership of a Taxicab Medallion, including the costs of any foreclosure or similar action and any outstanding fines or fees owed to the Commission or the Parking Violations Bureau.

Transferor is the Owner of an interest in a Taxicab Medallion being transferred.

Trip Data is the data that is required to be collected and transmitted by a Technology System including those items described in 35 RCNY § 66-24(f).

Trip Record (or Trip Sheet) refers to the hand-written or electronic collection of data that is required to be kept for each passenger trip.

Unlicensed Activity is the provision or advertising of any Commission-regulated for-hire transportation service by any (i) Licensee whose License is suspended, revoked, or expired and not yet renewed, or by any (ii) person who does not hold a Valid License or Authorization for the vehicle, for the driver of the vehicle and, if applicable, for the service. Unlicensed Activity includes these activities specified in sections 19-506 and § 19-529 of the Administrative Code, and can subject the violator to the seizure and possible forfeiture of his or her vehicle.

Unrestricted Medallion is a Medallion Taxicab License that may be used with the type of vehicle specified in 35 RCNY § 67-05.

USPS is the United States Postal Service

Unspecified Driver is a term that is entered on a Rate Card indicating that the Taxicab can be driven by any Licensed Taxicab Driver whose name (or category) has been filed with the Commission by the Owner of that Taxicab.

Use an Electronic Communication Device (or Using an Electronic Communication Device) means to:

  1. Operate any function of an Electronic Communication Device in any way, or
  2. Have a device permitting hands-free operation of an Electronic Communication Device in or near the ear.

Valid means a license or other document which is not expired, suspended, revoked, conditional or restricted as to its use by the Commission, the New York State Department of Motor Vehicles or an agency of another state which licenses vehicles and drivers of vehicles or issues violations of traffic laws or regulations.

Valid Claim Letter is a Claim Letter which is not a Prior Claim Letter, and which:

  1. Is dated no more than one year prior to the date documentation is submitted to the Chairperson for a proposed transfer of a Taxicab Medallion;
  2. Sets forth a minimum claim in an amount sufficient to be an “Excess Claim”
  3. Includes a copy of the police report regarding the incident in question; and
  4. Includes a representation by the sender that the party against which the Excess Claim has been asserted has been provided with a copy of the Claim Letter.

Vehicle is a motor vehicle licensed by the Commission for the purpose of providing for hire transportation.

Vehicle Owner means the individual or Business Entity in whose name is Vehicle is registered and in whose name the Vehicle License is issued, as further specified in these Rules.

Weapon is any firearm (as defined in the New York State Penal Law) for which a license has not been issued as provided in the New York State Penal Law and the Administrative Code of the City of New York, electronic dartgun, gravity knife, switchblade knife, cane sword, billy, blackjack, bludgeon, metal knuckles, chuka stick, sandstick, slingshot, pilum ballistic knife, sand bag, sand club, wrist brace type slingshot, shirken, kung fu star, dagger, dangerous knife, dirk, razor, stiletto, imitation pistol or any other instrument or thing whether real or simulated, and capable of inflicting or threatening bodily harm, including but not limited to any other weapons, the possession of which is prohibited pursuant to the New York State Penal Law.

Wheelchair Passenger is a Passenger using a wheelchair.

Wheelchair Passenger Assistance Training refers to a course of training that contains instruction on the following: (i) the legal requirements that apply to transportation of People with Disabilities; (ii) passenger assistance techniques, including a review of various disabilities, disability etiquette, mobility equipment training (including direct hands-on familiarity with lift/ramp operations and various types of wheelchairs), and safety procedures; (iii) individual hands-on training with an actual person using a wheelchair; (iv) sensitivity awareness, including customer service and conflict resolution policies; and (v) the dispatch of vehicles by an accessible dispatcher.

Wheelchair using Passenger is a Passenger using a Wheelchair.

Wiring Harness means any wire or collection of wires that is connected in any manner to a Taximeter or that in any way affects the operation of a Taximeter.

Chapter 52: Rules Governing the Taxi and Limousine Commission

Subchapter A: Jurisdiction and Powers of the Commission

§ 52-01 Creation and Purpose of the Commission.

Pursuant to §§ 2300 and 2301 of the New York City Charter, there will be a nine-member New York City Taxi and Limousine Commission (the “Commission” or the “TLC”) whose overall purpose will be to continue, further develop, and improve taxi and limousine service in New York City. To promote public comfort and convenience, and taking into account the overall public transportation network of the City, the Commission will establish an overall public transportation policy governing for-hire transportation services in the City, including taxi, limousine, paratransit and commuter van services.

§ 52-02 Jurisdiction of the Commission.

The Commission will issue licenses and adopt and enforce rules regulating the business and industry of the following for-hire transportation services in the City:

  1. Medallion Taxicab Service
  2. For-Hire Vehicle Service (including Livery, Black Car and Luxury Limousine services)
  3. Paratransit Service
  4. Commuter Van Service.

§ 52-03 General Powers of the Commission.

(a) Issuance of Licenses. The TLC has the power to issue and regulate Licenses or Authorizations that include, but need not be limited to the following:

   (1) TLC Driver License

   (2) Medallion Taxicab Owner’s License

   (3) Stand-by Taxicab Vehicle License

   (4) Medallion Taxicab Broker License

   (5) Medallion Taxicab Agent License

   (6) Taximeter Business License

   (7) Taximeter Manufacturers Authorization

   (8) For-Hire Vehicle Base License

   (9) For-Hire Vehicle License

   (10) Paratransit Base License

   (11) Paratransit Driver License

   (12) Paratransit Vehicle License

   (13) Commuter Van Service Authorization

   (14) Commuter Van Driver License

   (15) Commuter Van Vehicle License

  1. Establishment of Licensing Standards. The Commission has the power to define and adopt licensing standards for each License that is set forth in these Rules.
  2. Maintenance of Licensing Standards. The Commission will not issue a License to any Applicant or will suspend or revoke the License of any Licensee if any such Applicant or Licensee does not meet the licensing standards established in these Rules.

§ 52-04 Specific Powers and Duties of the Commission.

(a) Powers and Duties with Respect to Regulating.

   (1) Formulate and adopt rules reasonably designed to carry out the purposes of the Commission.

   (2) Set and enforce standards and conditions of service.

   (3) Establish and enforce standards of safety, comfort, convenience, operational efficiency, and compliance with good public policy in the design of vehicles and auxiliary equipment.

   (4) Establish and enforce standards to ensure all Licensees are and remain financially stable.

   (5) Establish and enforce standards for insurance and minimum coverage.

   (6) Establish and enforce standards for record-keeping and reporting.

   (7) Develop and implement a broad public policy of transportation as it pertains to the forms of public transportation regulated by the Commission.

   (8) Encourage and provide procedures to encourage innovation and experimentation relating to type and design of equipment, modes of service and manner of operation.

   (9) Provide assistance to the public transportation businesses and industries regulated by the Commission to continually develop and improve public service, safety, and convenience, including assistance in securing federal and state grants.

  1. Powers and Duties with Respect to Rate-Setting.

   (1) The Commission will have the power and duty to set and enforce rates of fare to be charged and collected.

   (2) The Commission will prescribe, revise and regulate reasonable rates of fare that may be charged and collected for each type of service rendered.

   (3) Not later than the end of April of every odd-numbered year, the Chairperson shall hold a public hearing to assess the adequacy of the current fares established under 35 RCNY § 58-26 and shall solicit written comment and testimony on all relevant facts including, the following:

      (i) The time and distance of travel;

      (ii) The character of the service provided;

      (iii) The gross revenues derived from operation;

      (iv) The net return derived from operation;

      (v) The expenses of operation including the income of drivers or operators;

      (vi) The return upon capital actually expended and the need to reserve some income for surplus and contingencies;

      (vii) The number of passengers transported;

      (viii) The effect of fares on the public and in relation to the fares for other forms of public transportation;

      (ix) The fares and practices with respect to similar services in other cities of the United States;

      (x) Changes in economic circumstances of drivers of Taxicabs since the previous adjustment in the rate of fare;

      (xi) The amount of revenue necessary to generate a fair and reasonable rate of return to a medallion owner.

   (4) Not later than the end of April of every odd-numbered year, the Chairperson shall hold a public hearing to assess the adequacy of the lease caps established under 35 RCNY § 58-21 and shall solicit written comment and testimony on all relevant facts, including the following:

      (i) he expenses of operation of medallion owners and their agents;

      (ii) The amount of revenue necessary to generate a fair and reasonable rate of return to a medallion owner;

      (iii) Practices with respect to similar services in other cities in the United States;

      (iv) Retention of experienced drivers;

      (v) Changes in economic circumstances of medallion owners since the previous adjustment in the lease caps;

      (vi) The economic condition of the taxi industry including such factors as the prevailing and projected (i) real estate taxes and sewer and water rates, (ii) gross operating maintenance costs (including insurance rates, governmental fees, cost of fuel and labor), (iii) costs and availability of financing (including effective rates of interest), (iv) over-all supply of drivers and passengers;

      (vii) Relevant data from the current and projected cost of living indices for the New York-northern New Jersey-Long Island area;

      (viii) Such other data as may be made available to it.

   (5) Not later than the end of July of every odd-numbered year, the Commission shall publicly state its intention whether to change, subject to applicable rulemaking requirements, fares and/or lease caps based on, but not limited to, testimony and written comments received at public hearings held pursuant to paragraphs (3) and (4) of this subdivision.

Subchapter B: Petitions To Initiate Rulemaking

§ 52-11 Scope of this Subchapter.

This Subchapter establishes the process by which any person may petition the Commission to consider adoption of a new Rule or Rules.

§ 52-12 Penalties.

This Subchapter is informational in nature and does not provide for any penalties.

§ 52-13 Definitions Specific to this Subchapter. [Reserved]

(a) Who May Petition. Any person may petition the TLC to consider the adoption of rules.
  1. Content of Petitions. Petitions must contain the following information:

   (1) The proposed language for the rule being proposed;

   (2) A statement of the TLC’s authority to promulgate the rule and its purpose;

   (3) The petitioner’s argument in support of adopting the rule;

   (4) The period of time the rule should be in effect;

   (5) The name, address and telephone number of the petitioner; and

   (6) The signature of the petitioner.

  1. Format of Petitions.

   (1) All petitions should be typewritten.

   (2) Until the TLC adopts a form for petitioning the adoption of a rule, the petition must be filed on plain, white letter-sized paper.

  1. Submission of Petitions. Petitions must be mailed or delivered to the offices of the TLC at 40 Rector Street, New York, New York, 10006-1738, marked to the attention of the Chairperson.

§ 52-15 Procedures for Consideration of Petitions.

(a) Initial Process. When a petition submitted in proper form is received, the TLC will do the following:

   (1) Stamp the petition with the date it was received;

   (2) Assign the petition a processing number; and

   (3) Forward the petition to the Chairperson, who may, at his or her discretion, either deny the petition or present the petition for consideration by the Commission.

   (4) The Chairperson has 60 days to present the petition for consideration or deny the petition.

  1. Denial of Petition By Chairperson.

   (1) If the Chairperson denies a petition, he or she will present copies of the petition and of the Chairperson’s notice rejecting that petition to the full Commission at its next regularly scheduled session.

   (2) At this session or anytime before the Commission’s next regularly scheduled session, any Commission member may ask the Commission to consider the petition to determine whether to initiate rulemaking. The Commission will notify the petitioner if a determination is made to grant the petition.

   (3) If no Commission member takes action on the petition, the Chairperson will notify the petitioner of the Commission’s decision to deny the petition.

  1. Consideration by the Commission.

   (1) If the Chairperson does not deny the petition, he/she will notify the petitioner in writing within 60 days from the date the petition was received of the Commission’s intent to grant the petition and to initiate rulemaking by a specific date.

   (2) In proceeding with rulemaking, the Commission may, at its discretion, amend or modify the language proposed by the petitioner.

§ 52-16 Appeal.

No Appeal. The Commission’s decision to deny or grant a petition is final and not subject to judicial review.

Subchapter C: Pilot Programs

§ 52-21 Scope of this Subchapter.

(a) As part of the development and implementation of a broad public transportation policy, Section 2303(b)(9) of the New York City Charter charges the Commission to encourage and provide for innovation and experimentation in relation to the type and design of equipment, modes of service, and manner of operation. Such experimentation through pilot programs may, for limited purposes and limited periods of time, depart from the requirements established in these Rules.
  1. This chapter provides a regularized and transparent process for the review, approval, implementation and evaluation of proposed pilot programs.

§ 52-22 Penalties.

This Subchapter is informational in nature and does not provide for any penalties.

§ 52-23 Definitions Specific to this Subchapter. [Reserved]

(a) Any person or entity may propose a pilot program in writing to the Chairperson for purposes of testing and evaluating a proposed innovation.
  1. Proposals for a pilot program must include the following:

   (1) A statement of the purpose or value of the proposed innovation;

   (2) A detailed description of the proposed innovation, including, as appropriate, diagrams, blueprints or images;

   (3) Information regarding the use of the proposed innovation in other jurisdictions;

   (4) Estimates of any cost and revenue impact of the proposed innovation on affected Licensee groups such as drivers and vehicle owners, on the Commission and the City, and on the public;

   (5) A description of the different ways in which the proposed innovation would depart from otherwise applicable requirements, including these Rules;

   (6) A description of any effect the pilot program would have on the safety of operations involved in the pilot program;

   (7) The proposed duration of the pilot program;

   (8) The number of pilot program participants necessary to achieve the purpose of the proposed pilot program; and

   (9) The criteria by which the value of the innovation can be measured after implementation of the pilot program, such as cost, customer satisfaction, Licensee satisfaction, environmental impact, and safety.

§ 52-25 Initial Review of Proposed Pilot Programs.

(a) Initial Review By Chairperson. The Chairperson will perform the initial review of all pilot program proposals. The Chairperson is authorized to assemble any information, from any source, that he or she determines to be useful to the Commission in reviewing the proposal.
  1. Request for Modification or Resubmission. The Chairperson may request that the proposal be modified or resubmitted to include additional information, evaluations, and inspection of prototypes, tests or other processes of any kind that may assist in the review of the proposal. The Chairperson may issue such request to the person or entity proposing the pilot program or to any other person or entity.
  2. Forward Proposed Pilot Program to Commission. The Chairperson will forward a proposed pilot program to the Commission within 60 days of receipt of a completed proposal. However, during the 60-day period, the Chairperson may extend the time for forwarding the proposed pilot program.

§ 52-26 Commission Review and Grounds for Rejection.

(a) Consideration By Commission. The Commission will consider all proposed pilot programs forwarded by the Chairperson and will approve or reject such programs.
  1. Grounds for Rejection. Grounds for rejection include but are not limited to the following:

   (1) The merits of the proposal;

   (2) The administrative ability of the Commission or its staff to implement, monitor, or evaluate the proposed pilot program.

§ 52-27 Commission Approval of Proposal for Pilot Program.

(a) Resolution of Approval. Any proposed pilot program approved by the Commission will be approved by Resolution of Approval.
  1. Contents of Resolution. Each Resolution of Approval will establish the terms governing the implementation, monitoring, and evaluation of the proposed pilot program, including but not limited to the following:

   (1) The duration of the pilot program;

   (2) An implementation and evaluation schedule for the pilot program, including a deadline for a final report from the Chairperson to the Commission and a deadline for initiating rulemaking action to implement changes in the Commission’s rules. These should be based on the outcome of the pilot program so that the proposed innovation may continue without interruption if the Commission determines that such continuation is warranted;

   (3) The minimum and maximum number of the pilot program’s participants, if any;

   (4) A description of the means by which the public will be notified of the proposed pilot program;

   (5) A description of the process for selecting the participants in the pilot program;

   (6) A statement whether a safety evaluation of the proposed pilot program will be required before or during implementation of the pilot program and, if so, a statement of how and by whom such safety evaluation must be conducted;

   (7) A statement that the pilot program participants must enter into binding agreements with the Chairperson on behalf of the Commission;

   (8) An enumeration of the criteria to be used in evaluating the proposed innovation during and after implementation of the pilot program; and

   (9) A description of any reporting requirements during and after the completion of the pilot program, including reports from the pilot program participants to the Chairperson and from the Chairperson to the Commission.

§ 52-28 Agreements between the Commission and the Pilot Program Participants.

(a) Agreement(s) Required. All persons or entities participating in any pilot program approved by the Commission must enter into an agreement with the Chairperson on behalf of the Commission. This agreement will govern the preparation, implementation, and evaluation of the pilot program consistent with the terms of the Commission's Resolution of approval.
  1. Differing Agreement(s). Where a pilot program involves more than one participant, the Chairperson will determine whether the participants must enter into identical or differing agreements.
  2. Approval by Corporation Counsel. Agreements made under this section will be subject to approval as to form by the Corporation Counsel pursuant to § 394(b) of the New York City Charter.

Subchapter D: Payments

§ 52-40 Form of Payment.

(a) In general. A Person or entity can make a payment to the Commission by money order, bank check, certified check, credit card, debit card, e-check, PIN-less debit card (in person) or corporate check.
  1. Exceptions.

   (1) Fines. Payment of a fine must be made in the form of either:

      (i) credit card, debit card or PIN-less debit card in person,

      (ii) certified check, or

      (iii) United States Postal Service money order.

   (2) Medallion Auctions and Transfers. Payment in connection with a Medallion auction or a Medallion transfer must be made in the form of either:

      (i) money order

      (ii) bank check,

      (iii) certified check, or

      (iv) check issued by a Taxicab Broker or Agent licensed by the Commission.

   (3) FOIL/Copying fees. Payment of a copying fee in connection with a Freedom of Information Law request, or payment of a fee related to a subpoena must be made in the form of either:

      (i) personal or corporate check,

      (ii) money order,

      (iii) bank check, or

      (iv) certified check.

§ 52-41 Returned Payment Fee.

(a) A check or money order that is returned to the Commission unpaid, or that is declined or reversed by a bank or other institution will be considered a "bad payment."
  1. A person or entity who makes a bad payment to the Commission must pay a fee of $20 for each bad payment. The original payment remains due until both the payment and the $20 fee are paid.
  2. Fines.

      (i) If a bad payment is made for a fine, the Chairperson will treat the fine as unpaid until both the fine and the $20 fee are paid.

      (ii) If the bad payment is made for a fine owed by a Licensee, the License will be suspended as if the payment had not been made.

      (iii) The License suspension will remain in effect until both the fine and the $20 fee are paid.

  1. License and Renewal License Applications.

      (i) If a bad payment is made in connection with a License application or a renewal License application, the original payment will remain due until both the payment and the $20 fee are paid.

      (ii) The Commission will treat the application or renewal application as incomplete until both the payment and the $20 fee are paid.

      (iii) The Commission can deny any application or renewal application for which a bad payment is made after giving notice of the bad payment to the Applicant. The Commission can give the Applicant a deadline to pay the original payment plus the $20 fee before denying the Application.

      (iv) If the Commission issues a License before it learns of a bad payment, the Commission can give notice to the Licensee to pay the original payment and the $20 fee within 15 days. The License will terminate automatically unless the Licensee pays both the original payment and the $20 bad payment fee within the 15 day period.

§ 52-42 Bad Payments.

(a) The Chairperson can send a notice to any person or entity who submits a bad payment at any time. For the period of time specified in the notice, the person or entity must make payment only in the form(s) specified in the notice. During the period covered in the notice, the Commission can return any payment made in any other form and treat the payment as unmade.

Chapter 53: Accessible Taxicabs and Accessible Street Hail Vehicles

§ 53-01 Scope of this Chapter.

(a) This Chapter sets the requirements and rules for the dispatch of Accessible Taxicabs and Accessible Street Hail Liveries.
  1. This Chapter applies to Drivers of Accessible Taxicabs, Owners of Taxicab Medallions required to be hacked up with Accessible Taxicabs, [and to] Owners of Taxicab Medallions which are hacked up with vehicles that qualify to be Accessible Taxicabs, Drivers of Accessible Street Hail Liveries, and Owners and Bases of Accessible Street Hail Liveries. This Chapter also applies to Agents of any such Medallion Owners and Accessible Street Hail Liveries.

§ 53-02 Penalties.

(a) Unlicensed Activity.

   (1) Unlicensed Activity is the act of providing or advertising the provision of any Commission-regulated for hire transportation service by:

      (i) Any Licensee whose License is suspended, revoked, or expired and not yet renewed, or

      (ii) Any person who does not hold a Valid License or Authorization from the Commission as a for hire driver, for the for hire vehicle, or for the for hire service, as applicable.

   (2) Unlicensed Activity specifically includes the activities listed in § 19-506 and § 19-528 of the Administrative Code, and can subject the violator to the seizure and possible forfeiture of the vehicle involved.

  1. Specific Penalties. If there are specific penalties for violating a Rule, they are shown at the end of the Rule. The penalty section also states whether the violator must attend a Hearing.
  2. Payment of Fines.

   (1) Fines are due not later than 30 days after the Respondent is found guilty of or pleads guilty to the violation, unless:

      A. the Respondent files an appeal of the decision issued by the Taxi and Limousine Tribunal within the time required by 48 RCNY Chapter 5, in which case the payment of the fines will be deferred until 30 days after the date of the appeal decision.

   (2) If the fine is not paid by the close of business on the date due, the Commission will notify the Respondent in writing that the Respondent’s License will be suspended in 10 business days of the date of the notification until the fine is paid, unless the Respondent demonstrates to the Commission, in person or in writing, that the fine has been paid.

§ 53-03 Definitions.

(a) Accessible Taxi Dispatcher. The Accessible Taxi Dispatcher is the entity which, under contract with the Commission, will convey dispatches or requests for accessible service to Drivers of Accessible Taxicabs and to Drivers of Accessible Street Hail Liveries to provide transportation for a Passenger or group of Passengers, at least one of whom must be mobility-impaired, for trips that originate in New York City.
  1. Accessible Vehicle, for the purposes of this Chapter, is a vehicle designed to permit access to and enable the transportation of persons in wheelchairs and is authorized by the Commission to transport passengers for hire by prearrangement or by dispatch of the Accessible Taxi Dispatcher. Accessible Vehicles, for purposes of this Chapter, include all vehicles in use as Accessible Taxicabs, Taxicabs required or opting to be used with accessible vehicles under 35 RCNY § 58-50, and Accessible Street Hail Liveries.
  2. Approved Driver. An Approved Driver is a Driver who has a Valid License from the Commission as a TLC Driver and who has successfully completed Wheelchair Passenger Assistance Training.
  3. Dispatch Equipment. The “Dispatch Equipment” is the communications equipment provided by the Accessible Taxi Dispatcher or an acceptable interface with the Technology System that allows Approved Drivers operating Accessible Vehicles to receive dispatches from the Accessible Taxi Dispatcher.
  4. Dispatch Fee. The “Dispatch Fee” is the fee payable to the Driver of an Accessible Vehicle, according to the Dispatch Fee schedule, for completing or attempting to complete a trip dispatched by the Accessible Taxi Dispatcher. The Dispatch Fee schedule, including cancellation fees and passenger no-show fees, will be determined by the Commission, and posted on the Commission’s website, every six months based on a review of available funds and the Accessible Taxi Dispatcher’s service rates.
  5. Owner. In this chapter, the Owner refers to the owner of a Medallion Taxicab or Street Hail Livery, including a Taxicab required to be hacked up with a vehicle that qualifies as an Accessible Vehicle.

§ 53-04 Comply with Law – Approved Driver.

(a) Comply with this Chapter. All Accessible Taxicab Owners, Accessible Street Hail Livery Owners and all Approved Drivers must comply with all provisions of this chapter. Agents for Accessible Taxicab Owners and bases dispatching or acting on behalf of Accessible Street Hail Liveries under 35 RCNY § 59B-04.2 must also comply with these Rules where applicable.
  1. Driver Responsibility. An Accessible Vehicle can only be driven by an Approved Driver; that is, one who has successfully completed Wheelchair Passenger Assistance Training.

~

  1. Owner Responsibility. A Taxicab Owner and a Street Hail Livery Owner may not allow Drivers who are not Approved Drivers and have not successfully completed Wheelchair Passenger Assistance Training, to operate the Owner’s Accessible Taxicab or Street Hail Livery.

~

  1. Agent Responsibility. An Agent or a base may not allow Drivers who are not Approved Drivers and have not successfully completed Wheelchair Passenger Assistance Training, to operate an Accessible Vehicle.

~

§ 53-05 Requirements Not Exclusive.

(a) Other than when this Chapter expressly provides otherwise, each Approved Driver, each Accessible Taxicab Owner, each Owner of a Taxicab hacked up with a Vehicle that qualifies to be hacked up as an Accessible Taxicab, each Accessible Street Hail Livery Owner, each Base and each Agent for Accessible Taxicab Owners and Bases dispatching or acting on behalf of Accessible Street Hail Liveries under 35 RCNY § 59B-04.2 must comply with all applicable provisions of this Title.

§ 53-06 Dispatch Equipment for Accessible Taxicabs and Street Hail Liveries.

(a) The Owner and/or Agent of an Accessible Vehicle and a base dispatching or acting on behalf of an Accessible Street Hail Livery under 35 RCNY § 59B-04.2 must have Dispatch Equipment installed in the Vehicle in compliance with a deadline announced by TLC.

~

  1. The Owner of an Accessible Taxicab or Accessible Street Hail Livery, the Agent, the Base dispatching an Accessible Street Hail Livery or acting on behalf of Accessible Street Hail Liveries under section 59B-04.2 of these Rules and the Approved Driver must not allow operation of an Accessible Taxicab or Accessible Street Hail Livery unless:

   (1) The Accessible Vehicle is equipped with Dispatch Equipment

~

   (2) While the Accessible Vehicle is in operation, the Dispatch Equipment must be turned on, connected to the dispatch system and able to receive dispatches.

~

   (3) If the Dispatch Equipment becomes inoperable:

      (i) The Approved Driver must notify the Accessible Taxi Dispatcher and Vehicle Owner, Agent or Base within 1 hour, or by the end of his or her shift, whichever comes first, that the Equipment is not operable.

~

      (ii) The Owner, Agent or Base must replace or repair Dispatch Equipment promptly upon being notified to do so and in no event later than 48 hours after receiving such notification.

      (iii) An Accessible Vehicle with inoperable Dispatch Equipment cannot operate without accepting dispatches for more than 48 hours without repair or replacement of the Dispatch Equipment.

~

  1. Each Approved Driver must:

   (1) Log onto the Dispatch Equipment at the beginning of the Driver’s shift

   (2) Log off at the conclusion of each shift,

   (3) Communicate with the Accessible Taxi Dispatcher about dispatches, as directed by the Accessible Taxi Dispatcher.

~

   (4) Log onto the Dispatch Equipment any time either or both of the taximeter and the Technology System is on or engaged.

~

  1. No Tampering. An Approved Driver, Agent or Owner must not

   (1) Tamper with the Dispatch Equipment; or

   (2) Tamper with the geographic locator equipment.

   (3) Disable the Dispatch Equipment; or

   (4) Render the Dispatch Equipment inoperable in any way.

~

§ 53-07 Training Approved Drivers. [Repealed]

*§ 53-08 Acceptance of Dispatch.* ::
  1. Driver MUST Accept Dispatch.

   (1) While operating an Accessible Vehicle, an Approved Driver must accept a dispatch from the Accessible Taxi Dispatcher.

   (2) An Approved Driver who does not accept a dispatch has refused to provide service and will be subject to Mandatory Penalties for a refusal under 35 RCNY §§ 80-02(e) and 80-20(a).

   (3) An Approved Driver must not operate an Accessible Vehicle unless the Dispatch Equipment is turned on.

~

  1. No Prior Pick-Ups. An Approved Driver of an Accessible Vehicle who has accepted a dispatch from the Accessible Taxi Dispatcher must not accept any other Passenger before picking up the Passenger with a mobility impairment. Note: This includes acceptance of another trip using an approved e-hail application.

~

§ 53-09 Fares.

(a) Fare Amount. The fare for transporting Passengers with mobility impairments following a dispatch will be the same as the current Taxicab and Street Hail Livery fares set by the Commission.
  1. Rules for Calculating Fares.

   (1) An Approved Driver of an Accessible Vehicle must not charge a fare to a mobility-impaired Passenger higher than that indicated on the Taximeter.

~

   (2) An Approved Driver MUST NOT turn on the Taximeter when dispatched by the Accessible Taxi Dispatcher until the Passenger is seated and secured in the vehicle.

~

§ 53-10 Driver Duties Regarding Passengers in Wheelchairs.

(a) Assisting the Passenger. An Approved Driver

   (1) Must assist a Wheelchair-using Passenger and a Passenger with other mobility impairments:

      (i) Upon entry, from the sidewalk to the vehicle; and

      (ii) Upon exiting, from the vehicle to the curbside.

   (2) Must secure a Wheelchair-using Passenger and the Wheelchair within the Vehicle.

~

  1. Packages. An Approved Driver must place the a mobility-impaired Passenger’s packages and parcels in the Vehicle and secure them and must retrieve them for the Passenger at the end of the trip.

~

  1. Service Animal(s) and Companions. An Approved Driver must accept and provide transportation in the Accessible Taxicab for a a mobility-impaired Passenger’s Service Animal(s) and for as many companions as can be legally seated in the vehicle.

~

  1. Waiting for the Passenger with a mobility impairment. An Approved Driver who has accepted a dispatch must wait for the Passenger with a mobility impairment to appear curbside at the pick up point for at least ten minutes after the time of arrival reported by the Driver for on-demand trips, and at least ten minutes after the scheduled pickup time indicated by the Dispatcher for advance reservation trips.

~

  1. Notice to Accessible Taxi Dispatcher. An Approved Driver who has accepted a dispatch must notify the Accessible Taxi Dispatcher in the proper manner:

   (1) What time the driver has arrived at the pickup location, and what time the meter was turned on;

   (2) Whether the Driver has picked up any Passengers;

   (3) If the Passenger did not show, what time the Vehicle left the location; and

   (4) When the trip is completed.

~

  1. Assist with payment. Upon a Passenger’s request, the Driver must assist Passenger with completing payment, such as helping the Passenger to access the credit card reader and counting cash aloud.

~

Chapter 54: Drivers of Taxicabs and Street Hail Liveries [Repealed]

§ 54-01 Scope of This Chapter. [Repealed]

*§ 54-02 Penalties. [Repealed]* ::

§ 54-03 Definitions Specific to This Chapter. [Repealed]

*§ 54-04 Licensing – Requirements. [Repealed]* ::

§ 54-04.1 Licensing – Authorization to drive a Street Hail Livery. [Repealed]

*§ 54-04.2 Licensing – FHV Driver Authorization to drive a Street Hail Livery. [Repealed]* ::

§ 54-05 Licensing – Probationary Licenses. [Repealed]

*§ 54-06 Licensing – Term of License. [Repealed]* ::

§ 54-07 Licensing – Fees. [Repealed]

*§ 54-08 Licensing – Process and Causes for Denial. [Repealed]* ::

§ 54-09 Licensing – Transfer of License. [Repealed] [Repealed]

*§ 54-10 Licensing – Care and Use of License. [Repealed]* ::

§ 54-11 Comply with Laws – Unlicensed Activity Prohibited. [Repealed]

*§ 54-12 Comply with Laws – Proper Conduct. [Repealed]* ::

§ 54-13 Comply with Laws – Traffic Laws & Miscellaneous. [Repealed]

*§ 54-14 Operations – Passenger and Driver Safety. [Repealed]* ::

§ 54-15 Operations – General Rules During Operation of Vehicle. [Repealed]

*§ 54-16 Operations – Comply with Reasonable Passenger Requests. [Repealed]* ::

§ 54-17 Operations – Rates, Charges and Payment. [Repealed]

*§ 54-18 Operations – Lost Property. [Repealed]* ::

§ 54-19 Operations – Passenger Solicitation and Engagement. [Repealed]

*§ 54-20 Operations – Refusing Passengers. [Repealed]* ::

§ 54-21 Operations – Cooperation with Issuing Jurisdictions. [Repealed]

*§ 54-22 Vehicle – Operation and Condition. [Repealed]* ::

§ 54-23 Vehicle – Items Required to be in the Vehicle. [Repealed]

*§ 54-24 Vehicle – Trip Records. [Repealed]* ::

§ 54-25 Vehicle Equipment – Taxicab Technology System (Electronic Trip Record System) for Taxicabs. [Repealed]

*§ 54-25.1 Vehicle Equipment – Street Hail Livery Technology System (Electronic Trip Record System) for Street Hail Liveries. [Repealed]* ::

§ 54-26 Vehicle Equipment – Taximeters. [Repealed]

*§ 54-27 Special Driver Penalty Programs. [Repealed]* ::

Chapter 55: For-Hire Drivers [Repealed]

§ 55-01 Scope of This Chapter. [Repealed]

*§ 55-02 Penalties. [Repealed]* ::

§ 55-03 Definitions Specific to this Chapter. [Repealed]

*§ 55-04 Licensing – Requirements. [Repealed]* ::

§ 55-05 Licensing – Probationary Licenses. [Repealed]

*§ 55-06 Licensing – Term of License. [Repealed]* ::

§ 55-07 Licensing – Fees. [Repealed]

*§ 55-08 Licensing – Process and Causes for Denial of License. [Repealed]* ::

§ 55-09 Licensing – Transfer of License. [Repealed]

*§ 55-10 Licensing – Care and Use of License. [Repealed]* ::

§ 55-11 Comply with Laws – Unlicensed Activity Prohibited. [Repealed]

*§ 55-12 Comply with Laws – Proper Conduct. [Repealed]* ::

§ 55-13 Comply with Laws – Traffic Laws. [Repealed]

*§ 55-14 Operations – Passenger and Driver Safety. [Repealed]* ::

§ 55-15 Operations – General Rules During Operation of Vehicle. [Repealed]

*§ 55-16 Operations – Comply with Reasonable Passenger Requests. [Repealed]* ::

§ 55-17 Operations – Method of Payment. [Repealed]

*§ 55-18 Operations – Lost Property. [Repealed]* ::

§ 55-19 Operations – Passenger and Solicitation and Engagement. [Repealed]

*§ 55-20 Operations – Refusing Passengers. [Repealed]* ::

§ 55-21 Operations – Rules for Drivers from Qualified Jurisdictions. [Repealed]

*§ 55-22 Vehicle – Operating Conditions. [Repealed]* ::

§ 55-23 Vehicle – Items Required to be in the Vehicle. [Repealed]

*§ 55-24 Vehicle – Trip Records. [Repealed]* ::

§ 55-25 Vehicle – Electronic Trip Record System. [Repealed]

*§ 55-26 Vehicle – Miscellaneous. [Repealed]* ::

§ 55-27 Special Driver Penalty Programs. [Repealed]

*§ 55-28 Street Hail Liveries. [Repealed]* ::

Chapter 56: Paratransit Drivers

§ 56-01 Scope of this Chapter.

(a) To establish procedures for the licensing and supervision of Paratransit Drivers who operate for hire in the City of New York.
  1. To establish operating rules to protect the customers and the public.
  2. To establish appropriate penalties for the violation of these Rules.

§ 56-02 Penalties.

(a) Unlicensed Activity.

   (1) Unlicensed Activity is the act of providing or advertising the provision of any Commission-regulated for hire transportation service by:

      (i) Any Licensee whose License is suspended, revoked, or expired and not yet renewed, or

      (ii) Any person who does not hold a Valid License or Authorization from the Commission as a for hire driver, for the for hire vehicle, or for the for hire service, as applicable.

   (2) Unlicensed Activity specifically includes the activities listed in § 19-506 and § 19-528 of the Administrative Code, and can subject the violator to the seizure and possible forfeiture of the vehicle involved.

  1. Specific Penalties. If there are specific penalties for violating a Rule, they are shown at the end of the Rule. The penalty section also states whether the violator must attend the Hearing.
  2. Payment of Fines.

   (1) Fines are due not later than 30 days after the Respondent is found guilty of or pleads guilty to the violation, unless:

      (i) the Respondent files an appeal of the decision issued by the Taxi and Limousine Tribunal within the time required by 48 RCNY Chapter 5 of the Rules of the City of New York, in which case the payment of the fines will be deferred until 30 days after the date of the appeal decision.

   (2) If the fine is not paid by the close of business on the date due, the Commission will notify the Respondent in writing that the Respondent’s License will be suspended in 10 business days of the date of the notification until the fine is paid, unless the Respondent demonstrates to the Commission, in person or in writing, that the fine has been paid.

  1. Mandatory Penalties. If a Licensee has violated a Rule listed below, or any combination of these Rules, the Taxi and Limousine Tribunal at OATH or, if applicable, the Chairperson will enforce the following mandatory penalties and fines:

~

   (1) The Commission can also suspend or revoke a Paratransit Driver’s License.

   (2) The 24-month period referred to above will be counted backward from the date of the most recent conviction.

   (3) Any individual or Business Entity whose License has been revoked will not be eligible for any Commission License for at least 1 year after revocation.

   (4) The Chairperson will automatically revoke the License of any Licensee who has 5 or more summonses that remain open and outstanding for 12 months. The 12-month period will be counted from the date the earliest summons was issued.

§ 56-03 Definitions Specific to this Chapter.

(a) Applicant in this Chapter means an Applicant for an original or renewal Paratransit Driver's License.
  1. Application in this chapter refers to an application for a Paratransit Driver’s License including all documentation and other information submitted as part of the application.
  2. Chauffeur’s License. As used herein, Chauffeur’s License shall mean:

   (1) A Valid New York driver’s license Class A, B, C or E; or

   (2) A Valid license of similar class from another state of which the licensee is a resident.

  1. Driver when used alone in this Chapter refers to a Paratransit Driver.
  2. Driver’s License (or License). In this Chapter, any reference to “Driver’s License” or “License” (when used alone) will refer to a Paratransit Driver’s License.
  3. Paratransit Disability. A person with a Paratransit Disability is an individual with a physical or mental impairment, including any person with a mobility impairment who uses a wheelchair, three-wheeled motorized scooter or other mobility aid, or is semi-ambulatory, and who cannot board, ride or disembark from a vehicle without the assistance of a wheelchair lift or other boarding assistance device.
  4. Paratransit Vehicle (also known as a wheelchair accessible van). A Paratransit Vehicle is any motor vehicle, equipped with a hydraulic lift or ramp(s) designed for the purpose of transporting persons who use wheelchairs or containing any other physical devices designed to permit access to and the transportation of a person with a Paratransit Disability.
  5. Service Animal. A service animal is a guide dog, signal dog or any other animal trained specifically to work or to perform tasks for an individual with a disability, including, but not limited to, guiding individuals with visual impairments, alerting individuals with hearing impairments to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair or retrieving dropped items.
  6. Vehicle when used alone in this Chapter refers to a Paratransit Vehicle.

§ 56-04 Licensing – Requirements.

(a) Age. An Applicant must be at least 18 years of age.
  1. Identification. If the Applicant is applying for an original License, he or she must provide both of the following:

   (1) A Valid Government photo ID

   (2) A Valid social security number

  1. Chauffeur’s License. An Applicant must hold a Valid Chauffeur’s License.
  2. Qualified “Bus Driver” Under Article 19-A. An Applicant for a Paratransit Driver’s License must meet the special requirements for bus drivers under Article 19-A of the NYS Vehicle and Traffic Law.
  3. Fitness for the Job.

   (1) The Applicant must be in sound mental and physical condition

   (2) The Applicant’s fitness must be certified by a licensed physician on forms provided by the Commission or as part of Applicant’s qualification process under Article 19-A of the NYS Vehicle and Traffic Law.

   (3) The Commission can, for good cause, require the Applicant to be examined by a licensed physician chosen by the Commission.

   (4) An existing License can be suspended or revoked if the Driver fails to be examined as directed.

   (5) The Applicant’s vision must be tested and Applicants must possess at least 20/40 vision in each eye (with corrective lenses if necessary).

   (6) The Applicant must be of good moral character.

  1. Speak and Understand English. Applicants must be able to understand, speak, read and write the English language.
  2. Familiar with Geography. Applicants must be familiar with New York City geography, streets and traffic regulations, as well as New York State Vehicle and Traffic Law.
  3. [Reserved.] Pass Drug Test.
  4. Fingerprinting and Tests. All Applicants must be fingerprinted, be photographed and pass all tests administered or directed by the Commission.
  5. File Application. Applicants must personally sign and file their application for a new or renewal Paratransit Driver’s License.
  6. Agreement to Accept Service of Process. An Applicant agrees that the City of New York can serve any notice or legal process of any kind upon the Driver by leaving a copy with anyone who resides at the Mailing Address listed on the Driver’s application.
  7. Training.

   (1) Defensive Driving Course.

      (i) Applicants for a new Paratransit Driver’s License must hold a current certificate of completion that was issued no more than three years prior to the application date for the required hours of instruction in a Defensive Driving Course.

      (ii) Applicants for a renewal Paratransit Driver’s License must hold a current certificate of completion that was issued no more than three years prior to the application date for the required hours of instruction in a Defensive Driving Course dated within three years prior to the date of the renewal application.

  1. Unique Requirements/Exceptions for New York Police Officers. A member of the New York City Police Department who applies for a Paratransit Driver’s License must satisfy all the normal requirements for the License and also provide a letter to the Commission from his or her commanding officer approving the application.
  2. Payment of Fines and Fees.

   (1) An Applicant, including an applicant for a renewal License, must pay, and provide proof of payment of, any outstanding fines or fees owed by the Applicant to

      (i) the Commission,

      (ii) NYC Department of Finance’s Parking Violations Bureau,

      (iii) NYC Department of Finance’s Red Light Camera Unit,

      (iv) NYS DMV’s Traffic Violations Bureau and

      (v) any of their successor agencies.

   (2) This requirement includes payment of fines and fees owed as of the date of the application by

      (i) any Business Entity Persons of the Applicant

      (ii) any Business Entity of which the Applicant is a Business Entity Person, and

      (iii) any Business Entity of which a Business Entity Person of Applicant is also a Business Entity Person.

   (3) An Applicant, including an Applicant for a renewal License, must pay any fines related to their failure to surrender a previously revoked License (of any type), unless the Applicant can demonstrate in person or in writing that the License has been surrendered.

  1. Address. An Applicant must give the Commission the Applicant’s current Mailing Address and a current and valid E-mail Address.
  2. Material Changes in the Application. The Applicant must inform the Chairperson of any material change in the information submitted as part of the Application while the Application is pending. Material changes include, but are not limited to:

   (1) Changes in Applicant’s Chauffeur’s License status;

   (2) Mailing address; additional criminal convictions;

   (3) Additional DMV convictions, including convictions for the offense of operating a motor vehicle while impaired by alcohol or drugs; or

   (4) Any change to the information provided or submitted with the Application.

  1. Summary of Driving Record. An Applicant whose driver’s license has been issued by a state other than New York or who has held a driver’s license issued by a state other than New York within the two years prior to the date of the Application, must provide the Commission with an abstract of his or her driving record from the state that issued the Applicant’s driver’s license, dated no more than 90 days prior to the date of the Application, covering at least the two years prior to the date of the Application.

§ 56-05 Licensing – Probationary Licenses. [Reserved]

(a) Original (New) License Term. An original (new) Paratransit Driver's License will be Valid for three years from the date it is issued.
  1. Renewal License Term. A License issued to a renewing Applicant will be Valid for three years from the date that the previous License expired.
  2. When to File for Renewal.

   (1) A renewing Applicant must file a completed application at least 30 days before the expiration date of the License. The review of applications submitted less than 30 days before the expiration date may not be completed until after the expiration date of the License. Licenses are not Valid and cannot be used to drive a Vehicle after the License expiration date until the application for renewal is approved by the Commission.

   (2) A renewing Applicant can file a completed application up to 180 days after the expiration date as a “late application,” if the Applicant pays a late fee of $25. When a late application is submitted, the License will remain expired and not Valid to drive a Vehicle until the application for renewal is approved by the Commission.

   (3) Application Submission Date.

      (i) Applications filed online: The date of submission is the date an application is filed online.

      (ii) Applications filed in person: The date of submission is the date an application is filed in person.

   (4) A License cannot be renewed more than 180 days after the expiration date.

  1. Suspended Licenses.

   (1) If a License is suspended, the Licensee must apply for renewal as required in (c) above if the Licensee wants to renew the License. Failure to complete the renewal requirements means that the License cannot be renewed.

   (2) A License that is suspended is not Valid and cannot be used until the suspension ends. This is true even if the Applicant has filed an application for a renewal.

§ 56-07 Licensing – License and Administrative Fees.

(a) Fee for License. The fee for a Paratransit Vehicle Driver's License will be $84 annually.
  1. When Fee is Paid. The fee for an original (new) or renewal License must be paid at the time the application is filed.
  2. No Refund if Application Denied. The Commission will not refund fees if it denies or disapproves the application.
  3. Late Filing Fee. The Commission will charge an additional fee of $25 for a late filing of a renewal application, if it allows the filing at all.
  4. License Replacement Fee. The Commission will charge an additional fee of $25 for each License it issues to replace a lost or mutilated License.

§ 56-08 Licensing – Process and Cause for Denial of License.

(a) Fit to Hold a License – Applicant. The Chairperson will deny the original Paratransit License or renewal License of any Applicant who fails to demonstrate that the Applicant is Fit to Hold a License. The Chairperson will inform the Applicant, in writing, of the specific reason(s) for this denial. The decision to deny a license Application is in the discretion of the Chairperson.
  1. Fit to Hold a License – Licensee. If at any time the Chairperson is notified that a Driver no longer meets the requirements for licensure, the Chairperson can deny Driver’s renewal application or may seek to suspend or revoke his or her License.
  2. Denial of an Application. The Chairperson can reject or deny a new Application for a License for the reasons specified in this section. If, at the time of submission of an Application by the Applicant, the Chairperson identifies that the Applicant meets the criteria in this section, the Chairperson will reject the Application and no Application fees will be accepted. If the Application is accepted by the Chairperson, no Application fees will be refunded.

   (1) Three-Year Ban. The Chairperson can deny an Application if, during the previous three years, the Applicant has committed:

      (i) Any act, as prohibited by these Rules, of driving a TLC licensed vehicle while impaired by intoxicating liquor (regardless of its alcoholic content), or Drugs.

      (ii) Any act, as prohibited by these Rules, of bribery, fraud, material misrepresentation, theft, threat against a person, harassment, abuse, or use of physical force.

      (iii) Any act, as prohibited by these Rules, involving the possession of a Weapon in a vehicle licensed under these Rules.

      (iv) Any act, as prohibited by these Rules, resulting in the revocation of a prior License, unless the prior License was revoked pursuant to the mandatory penalties set forth in 35 RCNY § 80-02(e).

         1. The three-year ban will apply if, while license revocation charges were pending, a prior License expired or was surrendered to the Chairperson.

         2. Special Consideration for Critical Driver Program and Persistent Violator Program Revocations. After a minimum of one year from the date the Critical Driver or Persistent Violator summons is issued, an Applicant may request a waiver of the three-year ban from the Chairperson. This request can only be made if the Applicant’s driving record reflects no more than three points for violations that occurred during the three year period preceding the date of the request for the waiver.

   (2) One-Year Ban. The Chairperson can deny an Application if, during the previous one year, the Applicant has committed:

      (i) More than three traffic Collisions within a single year. The one-year ban will be counted from the date of the last Collision.

      (ii) The traffic infraction of unlicensed operation of a motor vehicle.

      (iii) Prior Application Denied. The Chairperson will deny an Application that is submitted within one year after the submission of a prior Application, if the previous Application was denied because the Applicant was found not Fit to Hold a License. The one-year ban will be counted from the date the prior application was submitted to the Commission.

      (iv) Illegal use of Drugs, as determined by the Commission following a drug test required by the Commission. This includes where the drug test result was unchallenged or unsuccessfully challenged. The one-year ban will run from the date of the failed drug test.

   (3) Other Reasons for Denial of an Application.

      (i) Mistake or Omission in the Application. The Chairperson can deny an Application if the Application includes any material mistake or omission, or if the Applicant fails to inform the Chairperson of any material change in the Application.

      (ii) Eligible for Critical Driver Penalty. The Chairperson can deny an Application if the Applicant would, if licensed, be subject to License suspension or revocation under the Critical Driver Program at the time the Application is submitted.

         (1) For purposes of this subparagraph, TLC will consider DMV points accrued no earlier than 15 months prior to the date of the application in order to determine whether the new applicant meets the Critical Driver Program standard.

      (iii) Pendency of Criminal Charges. The Chairperson will defer consideration of an Application if the Applicant has criminal charges pending. If the charges are not resolved within 90 days after the submission of the Application, the Application will be denied.

   (4) Settlements. When settling charges which may result in the revocation of a License, the Chairperson and the Respondent in that proceeding may agree to a ban on applying for a new License different than that provided for in these rules, provided that the agreement is in writing.

  1. Failure to Complete Application Requirements.

   (1) The Chairperson will deny an Application for a new License if the Applicant has not completed all the requirements of an Application within 90 days of the date the application is filed.

   (2) The Chairperson will deny an Application for a renewal License if the Applicant has not completed all the requirements of an Application within 180 days after the expiration date of the prior License.

   (3) The Chairperson will not deny an Application under this Rule if completion is delayed because the Chairperson has not issued a final decision and the Applicant has complied with any requests made by the Chairperson.

  1. Additional Consideration of an Application. If a review of the Application leads the Chairperson to believe that the Applicant may not be Fit to Hold a License, the Chairperson may seek additional information from the Applicant. This request for additional information may be an in-person interview, telephone call, letter, e-mail, or other method of communication. This additional consideration may result in the denial of the Application. Failure to provide any requested information within the time frame requested, or failure to appear at a scheduled interview will result in a denial of the application.

§ 56-09 Licensing – Transfer of License. [Reserved]

(a) No One Else Can Use. A Driver must not allow anyone to use his or her Paratransit Driver's License. Drivers must not use another person's Paratransit Driver's License.

~

  1. Suspension or Revocation of Chauffeur’s License. A Driver must immediately report the suspension or revocation of his or her Chauffeur’s License to the Commission, and must then surrender his Paratransit Driver’s License to the Commission.

~

  1. Loss or Theft of License. A Driver must notify the Commission in writing of the loss, theft or mutilation of his Paratransit Driver’s License within 72 hours of that loss (not counting weekends and holidays). A Driver must report in person to apply for a replacement Paratransit Driver’s License and must be re-photographed.

~

  1. Unreadable License.

   (1) A Driver must not do anything to any portion of his Paratransit Driver’s License or the attached photograph that would make the License unreadable or the photograph unrecognizable.

~

   (2) A Driver must immediately surrender any unreadable, unrecognizable, or mutilated Paratransit Driver’s License to the Commission.

~

  1. Keep Photo Updated. A Driver must come to the Commission to be re-photographed whenever his or her physical appearance has changed.

~

  1. Safeguarding Licenses.

   (1) A Driver must safeguard his or her Paratransit Driver’s License and the Paratransit Vehicle License.

   (2) Locking the Paratransit Vehicle with the Paratransit Driver’s License and Paratransit Vehicle License inside during his or her shift will satisfy this rule.

   (3) A Driver must not leave his or her Licenses in the Paratransit Vehicle while another is in possession of the Vehicle.

~

  1. Surrender of License. A Driver must surrender his or her License to the Commission immediately upon revocation of the License. The License must be surrendered within thirty days of the date of revocation.

~

§ 56-11 Comply with Laws – Unlicensed Activity Prohibited.

(a) Vehicle Must be Licensed. A Driver must not operate a paratransit vehicle for hire within the City of New York, unless it is properly licensed by the Commission.

~

  1. Driver Must be Licensed. A driver of a New York City Paratransit Vehicle for hire must be licensed as a Paratransit Driver by the Commission.

~

  1. Driver Must Have Valid Chauffeur’s License. A Driver must not operate a Paratransit Vehicle unless he or she possesses a valid Chauffeur’s License. The License of a Driver who operates a Paratransit Vehicle without a valid Chauffer’s License will be summarily suspended.

~

  1. Driver Must Not Permit Unlicensed Activity.

   (1) A Driver must not permit any individual who is not currently licensed by the Commission to operate the Paratransit Vehicle in which he or she is dispatched, unless directed to do so by the owner or his or her agents.

~

  1. Vehicle Must be Insured. A Driver must not operate a Paratransit Vehicle unless the vehicle is adequately insured in accordance with New York State Law.

~

  1. A driver who operates as a licensee after the expiration date of a License and before the renewal License has been issued is engaged in Unlicensed Activity.
  2. Driver Must Not Drive with a Suspended or Revoked Paratransit License. A driver must not operate a Paratransit Vehicle in New York City while his Paratransit Driver’s License is revoked, suspended or expired.

~

§ 56-12 Comply with Laws – Proper Conduct.

(a) No Bribery. An Applicant or Driver (or anyone representing the Driver) must not offer or give any gift, gratuity or thing of value to any employee, representative or member of the Commission or any other public servant.

~

  1. Report Request for Bribe. A Driver must immediately report to the Commission any request or demand for a gift, gratuity or thing of value from him or his representative by any employee, representative or member of the Commission or any other public servant.

~

  1. No Fraud, Theft. While performing the duties and responsibilities of a Licensee, a Driver must not commit or attempt to commit, any act of fraud, misrepresentation or theft.

~

  1. No Willful Acts of Omission. While performing the duties and responsibilities of a Licensee, a Licensee must not deliberately fail to perform, alone or with another, any act where this failure is against the best interests of the public although not specifically mentioned in these Rules.

~

  1. No Willful Acts of Commission. While performing the duties and responsibilities of a Licensee, a Licensee must not deliberately perform or attempt to perform, alone or with any other, any act that is against the best interests of the public although not specifically mentioned in these rules.

~

  1. Notify of Criminal Conviction.

   (1) A Driver must notify the Commission within 15 calendar days after the Driver is convicted of any crime.

   (2) The Driver must deliver to the Commission a certified copy of the certificate issued by the clerk of the court explaining what happened as a result of the conviction, within 15 days of sentencing.

~

  1. Cooperate with the Commission.

   (1) A Driver must answer all questions and comply with all communications, directives, and summonses issued by the Commission or its representatives.

   (2) A Driver must produce any licenses, Trip Records, or other documents required by the Commission.

~

   (3) (i) A Driver must report any change of Mailing Address and E-mail Address to the Commission in person or by mail within ten days.

~

      (ii) Any communication from the Commission is sufficient if sent to the last Mailing Address provided by the Driver.

  1. Cooperate with Law Enforcement. A Driver must cooperate with all law enforcement officers and all authorized representatives of the Commission. Cooperation includes, but is not limited to, responding to a request for the Driver’s name, License number, and any documents Driver is required to have in his or her possession.

~

  1. Threats, Harassment, Abuse. While performing the duties and responsibilities of a Licensee, a Driver must not threaten, harass, or abuse any person or distract or attempt to distract any Service Animal.

~

  1. Use or Threat of Physical Force. While performing the duties and responsibilities of a Licensee, a Driver must not use or attempt to use any physical force against a person or Service Animal.

~

  1. No Unlawful Purpose. A Driver must not use or permit another person to use his or her Paratransit Vehicle for any unlawful purpose and must immediately report to the police any criminal use or attempted criminal use involving the vehicle.

~

  1. Facilitation of Sex Trafficking with a Vehicle. A Licensee must not Facilitate Sex Trafficking with a Vehicle.

~

  1. Sexual Harassment. While performing the duties and responsibilities of a Licensee, a Licensee must not engage in the sexual harassment of any person.

~

  1. Sexual Contact. While performing the duties and responsibilities of a Licensee, a Licensee must not engage in sexual contact with any person.

~

§ 56-13 Comply with Laws – Miscellaneous.

(a) Traffic Laws. A Driver must comply with all applicable traffic laws, rules and regulations. The Commission will impose fines and penalties in addition to any fines and penalties imposed by the underlying law as follows:

   (1) Laws, rules or regulations governing stationary vehicles.

~

   (2) Laws, rules or regulations governing moving vehicles, other than hazardous moving violations defined by paragraph (3) of this subdivision.

~

   (3) Laws, rules or regulations governing moving vehicles that involve hazardous moving violations, defined as follows:

      •     speeding;

      •     failing to stop for school bus;

      •     following too closely (tailgating);

      •     inadequate brakes, either your own vehicle or your employer’s vehicle;

      •     failing to yield right of way;

      •     traffic signal violation;

      •     stop sign violation;

      •     yield sign violation;

      •     railroad crossing violation;

      •     improper passing;

      •     unsafe lane change;

      •     driving left of center;

      •     driving in wrong direction; and

      •     leaving scene of a Collision involving property damage or injury to animal.

~

  1. Critical Driver’s Program. (“Points” in this Section refers to points assessed by the Department of Motor Vehicles). In addition to any other action the Commission might take, the following penalties will be enforced as part of the Commission’s Critical Driver’s Program:

   (1) License Suspension. If, within a 15-month period, a Driver accumulates six or more points but fewer than ten points on his or her driver’s license (whether issued by New York or another state), the Commission will suspend the Driver’s Paratransit Driver’s License for 30 days.

   (2) License Revocation. If, within a 15-month period, a Driver accumulates 10 or more points on his or her driver’s license (whether issued by New York or another state), the Commission will revoke the Driver’s Paratransit Driver’s License.

   (3) Review of Driver Fitness. The Commission can at any time review the fitness of a Driver to continue to be licensed following any moving violation, Collision, or other driving-related incident and can seek to impose other, additional, and/or more severe penalties or take any other action permitted under these Rules.

   (4) 15-Month Period. When determining whether a suspension or revocation is required based on the accumulation of points in a 15-month period, the Commission will calculate the 15-month period by counting backwards 15 months from the date of the most recent conviction for the violation carrying points that is cited in the summons issued under this section.

   (5) Date of Point Accumulation. For the purpose of this rule, points assigned by the Department of Motor Vehicles for any violation will be counted as of the date of conviction.

   (6) Multiple Points from a Single Incident. A Driver can be fined points against his or her license for multiple violations arising from a single incident. For the purpose of calculating points that might lead to a License suspension or revocation, if a Driver has accumulated points for multiple violations arising from a single incident, the Commission will count the single violation with the highest point total.

   (7) Point Reduction for Voluntary Course Completion.

      (i) Before suspending or revoking a Driver’s License, the Commission will, for purposes of the Critical Driver’s Program, deduct three points from the total points that appear on the Licensee’s driving record maintained by the DMV, or equivalent licensing agency of the state which issued such license, of any Licensee who voluntarily attends and satisfactorily completes a Defensive Driving Course. Such point reduction will count only towards points accumulated by the Licensee as a result of the conviction for violations that occurred within 15 months prior to the date of the completion of the course; counting from the date of conviction. In order for the Defensive Driving Course to reduce the Licensee’s Critical Driver Program points, the course must be satisfactorily completed prior to the adjudication of the Critical Driver summons. Completion of the Defensive Driving Course after the adjudication of a Critical Driver Program summons will reduce the Licensee’s Critical Driver’s Program points only after the Licensee completes his or her suspension. If the Licensee’s driver’s license was issued by a state other than New York, the Licensee must submit a recent driving abstract from the state of licensure.

      (ii) The Driver must furnish the Commission with proof when the course was taken and that the course was satisfactorily completed before the Commission will reduce the Driver’s point total.

      (iii) If the Commission has already suspended or revoked the Driver’s License, the point reduction will not change the Commission’s decision.

      (iv) The Commission will not reduce the total points of any Driver more than once in any 18-month period.

  1. [Reserved.] Program for Persistent Violators.

§ 56-14 Operations – Passenger and Driver Safety.

(a) [Reserved.]
  1. Reckless Driving Rule. A Driver must not operate a Paratransit Vehicle in a manner or speed that unreasonably endangers users of other vehicles, pedestrians, or the Passengers.

~

  1. Report Before Leaving Scene.

   (1) A Driver who knows or should have known that a Collision involving the Driver’s Paratransit Vehicle resulted in personal injury to another or damage to another’s property, must stop before leaving the scene of the Collision, and if the other involved party is present, must:

      (i) Show his or her Chauffeur’s License, Paratransit Driver’s License, and Vehicle License to the party sustaining the damage.

      (ii) Give the other involved party his or her name, Chauffeur’s License number, the Vehicle owner’s name, the affiliated Base name and telephone number, Paratransit Driver’s License number, and Vehicle License number, as well as the name of the Vehicle’s insurance carrier and the insurance policy number.

~

   (2) Notify Paratransit Vehicle Owner of Collision. If the Driver is involved in a Collision, the Driver must immediately report the Collision to the owner of the Paratransit Vehicle and to the affiliated Base.

~

  1. Driving While Impaired. A Driver must not operate a Paratransit Vehicle if his or her driving ability is impaired by either alcohol or Drugs. A Driver must not consume alcoholic beverages or Drugs while occupying the vehicle.

~

  1. [Reserved.] TLC can Require Drug Test.
  2. Not Allowed to Drive More than 12 Consecutive Hours. A Driver must not operate a Paratransit Vehicle for more than 12 consecutive hours. If a Driver has accepted a passenger prior to the conclusion of the twelfth hour the Driver can complete that trip provided he or she is able to drive safely.

~

  1. Handling Passengers with Infectious Diseases.

   (1) Drivers must obey any Federal, State or City laws and regulations regarding the handling of passengers with infectious diseases. This includes providing passengers with things such as masks and gloves when required.

   (2) Drivers must adhere to any Federal, State or City laws and regulations regarding cleaning Paratransit Vehicles after transporting passengers with infectious diseases and the disposal of contaminated materials. It is the responsibility of the owner of the Paratransit Vehicle to provide protective clothing (goggles, gloves, gowns and masks) to any employee who disinfects the vehicle.

      (i) The New York State Department of Health has recommended the following as an appropriate disinfectant solution: One (1) part sodium hypochlorite solution (bleach) to nine (9) parts water – fill the bucket with water first and then add the solution.

      (ii) If a stretcher is contaminated, it can be cleaned and disinfected by wiping. If it is saturated, however, Drivers (or owners) are required to dispose of it in an appropriate manner. The Driver (or owner) must dispose of any contaminated linen. Note: Dispose of contaminated material by placing the items in a buff-colored impervious plastic bag and seal the bag and tag it as “contaminated” and dispose of the material in the manner approved at a local hospital.

      (iii) In the case of gross contamination, where the vehicle is saturated or encrusted, then the vehicle must be sterilized with steam, gas or liquid agents.

~

  1. Collisiont Notification.

   (1) A Driver must immediately notify the Vehicle owner if the Driver and the Paratransit Vehicle are involved in a Collision.

   (2) A Driver must immediately notify his or her employer of any traffic infraction, Collision or conviction as required in section 509-i of Article 19A of the New York State Vehicle and Traffic Law.

~

  1. Use of an Electronic Communication Device.

   (1) A Driver must not Use an Electronic Communication Device while operating a Vehicle. A Driver can Use an Electronic Communication Device only while the Vehicle is lawfully standing or parked.

~

   (2) In addition to the penalties provided above for any violation of this Rule, a Driver convicted of a violation of this Rule must complete a Distracted Driving Course no later than 60 days after the date of conviction. The license of a Driver who does not complete the Distracted Driving Course within the 60 day period will be suspended until compliance. Penalty: Suspension until compliance if course not completed within 60 days of the date of conviction. The Driver must provide proof that the course was completed.

   (3) Affirmative Defense. A Driver can offer an affirmative defense to a charge of Using an Electronic Communication Device under this Rule if all of the following are true:

      (i) The communication was to an emergency response operator;

      (ii) The communication reports an imminent threat to life or property;

      (iii) The Driver could not safely stop the Vehicle to make the report; and

      (iv) The Driver provides documentary proof of communication with an emergency response provider.

  1. Serious Crashes. A serious crash is one in which any person has suffered Critical Injury or death. “Critical Injury,” for purposes of this section, means any injury determined to be critical by the emergency medical service personnel responding to such crash.

   (i) If a Driver has been issued a summons for or charged with one or more traffic related violations or crimes in a Serious Crash, the Driver’s License may be Summarily Suspended, upon a finding that the Driver’s conduct was a substantial cause of the Serious Crash. Upon conviction of the Driver of one or more of the violations or crimes stated in the summons or charges and upon a determination that one or more of the violations or crimes for which conviction occurred was a cause of Critical Injury or death, the Driver’s License will be revoked. A Summary Suspension pursuant to this section may be lifted pursuant to this Title 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 Chairperson may continue to suspend the license pursuant to an investigation into the Driver’s fitness, and such license may be revoked if the Driver is found not Fit to Hold a License (see subdivision (ii)). This section does not limit in any way the Chairperson’s authority to Summarily Suspend a Driver for other reasons.

   (ii) After any Serious Crash of which the TLC is notified involving a Driver operating a Licensed Vehicle, the TLC will review whether the Driver is Fit to Hold a License under 35 RCNY § 56-08(b). The TLC can seek Suspension or Revocation of the Driver’s License and can Summarily Suspend the Driver’s License while any fitness review or enforcement action is pending, in accordance with 35 RCNY § 68-15.

§ 56-15 Operations – General Rules During Operation of Vehicle.

(a) No Weapons. A Driver must not carry a weapon while operating a Paratransit Vehicle without the Commission's written authorization.

~

  1. Driver Neat & Clean. A Driver must be clean and neat in dress and person and present a professional appearance.
  2. No Smoking. A Driver must not smoke when transporting a passenger, or while assisting the passenger in or out of the vehicle.

~

  1. [Reserved.] No Locking Rear Doors.
  2. [Reserved.]
  3. [Reserved.] Have E-Z Pass.
  4. No Overcharges.

   (1) A Driver must not charge or try to charge a fare above the approved rate of fare established by the owner and filed with the Commission.

   (2) A Driver must not charge or try to charge any additional fees for transporting a person with a Paratransit Disability, a Service Animal, or a wheelchair or other mobility aid.

~

   (3) A Driver must give passengers the correct change.

~

   (4) A Driver must not ask or in any way indicate to a passenger that a tip is expected or required.

~

  1. [Reserved.] Non-Paying Customers.
  2. No Overloading Vehicle. A Driver must never carry more passengers than the capacity of the vehicle as determined by the State Department of Transportation.

~

  1. [Reserved.] Use of Front Seat.
  2. Luggage.

   (1) A Driver must not refuse to transport a passenger’s wheelchair, crutches or other property.

~

   (2) When necessary or if the passenger requests it, the Driver must load or unload the passenger’s luggage and other property, within reason.

~

  1. [Reserved.] No Transporting Property Only.
  2. No `Marketing’ to Passengers. A Driver must not sell or advertise any service or merchandise to the passengers without prior written approval from the Commission.

~

  1. Assist Passengers to Board Vehicle.

   (1) A Driver must provide all necessary and reasonable assistance to passengers to board the vehicle, to be secured inside, to be delivered to their destination, and to depart from the vehicle.

   (2) The Driver must assist all passengers whether the passenger is ambulatory, or uses a wheelchair or other mobility aid.

   (3) The Driver’s assistance must also include ensuring that a service animal has entered and exited the vehicle.

   (4) The Driver is not required to assist passengers up or down the steps.

~

  1. Be Punctual. A Driver must be diligent and on time in picking up and transporting passengers.

~

  1. Find Alternate Transportation if Vehicle Breaks Down.

   (1) If the Paratransit Vehicle becomes inoperable while a passenger is in the Vehicle, the Driver must try to find comparable transportation for the remainder of the passenger’s trip.

   (2) This does not apply if the passenger wants to find his or her own transportation.

~

  1. Courtesy. A Driver must be courteous to passengers.

~

§ 56-16 Operations – Comply with Reasonable Passenger Requests.

(a) Shortest Route. A Driver must take passengers to their destination by the shortest, most reasonable route unless the Driver or passenger requests a different route, and all of the other passengers agree.

~

  1. Request to Change Destination or Terminate. A Driver must comply with a passenger’s request to change the destination or terminate the trip unless it is impossible or unsafe for the Driver to comply. The passenger can not request this change in an emergency situation, and any change or termination must be in the best interest of the other passengers.

~

  1. Request for Driver’s Name, License Number. A Driver must comply with all lawful and reasonable requests from passengers. This can include giving his or her name, his or her Paratransit Driver’s License number and the Paratransit Vehicle’s license number.

~

  1. Request for Receipt.

   (1) Upon request, the Driver must give a passenger a receipt for payment of the fare.

   (2) The receipt must clearly show the date, time, Paratransit Vehicle license plate number, name of the Base, fare paid, extras, and the telephone number of the Commission’s complaint department.

~

  1. Passenger Requests on Audio.

   (1) A Driver must turn the radio on or off at the passenger’s request.

   (2) The passenger has the right to select the radio station.

   (3) The radio volume will only be played at a reasonable level, and the Driver must abide by all noise ordinances.

~

  1. Passenger Request Regarding Air Conditioning/Heat. A Driver must turn the air conditioning or heating device in a Paratransit Vehicle on or off at a passenger’s request.

~

§ 56-17 Operations – Method of Payment.

(a) [Reserved.] Accept U.S. Currency.
  1. Be Able to Make Change. A Driver must always be capable of making change for a $20 bill when providing service on a cash basis.

~

  1. [Reserved.] Credit/debit Card with Operable TPEP.

§ 56-18 Operations – Lost Property.

(a) Inspecting for Passenger Property. The Driver must inspect the interior of the Paratransit Vehicle after each trip and any property found must be returned to the passenger if possible; otherwise it must be taken immediately to the police precinct closest to where the passenger was discharged.

~

  1. Inform Commission of Lost Property. The Driver must promptly inform the Commission of any property found and the police precinct where it is held if the property is not returned to the passenger.

~

§ 56-19 Operations – Passenger Solicitation and Engagement.

(a) Limitations on Driver Solicitation of Passengers. A Driver must only pick up passengers on a prearranged basis. Paratransit Drivers must not solicit or respond to hails.

~

§ 56-20 Operations – Refusing Passengers.

(a) Must Not Refuse. Unless justified, a Driver who is dispatched must not refuse by words, gestures or any other means, to transport a person who has prearranged the trip with a destination within the City of New York. This includes a passenger accompanied by a service animal.

~

  1. Justification for Refusal. The following are justifiable grounds for refusing to provide transportation services:

   (1) The passenger has a weapon.

   (2) The passenger has a package or some article that the Driver reasonably believes could injure others or damage the Paratransit Vehicle.

   (3) The passenger is intoxicated or disorderly. (A Driver will not, however, refuse to provide service solely because a disability results in annoying, offensive, or inconvenient behavior.)

   (4) The passenger is accompanied by an animal which is not properly or adequately secured in a kennel case or other suitable container. This provision will not apply to service animals accompanying people with disabilities.

   (5) The passenger is in need of emergency medical assistance.

§ 56-21 Operations – Cooperation with Issuing Jurisdictions. [Reserved]

(a) Pollution Control.

   (1) The Driver will not unnecessarily allow the Vehicle’s engine to idle for longer than three minutes.

   (2) The Driver will adhere to the New York City Air Pollution Control Code.

~

  1. Inspect Condition. A Driver must personally inspect and reasonably determine that all equipment, including brakes, tires, lights, signals, wheelchair ramps and fastening devices are in good working order, before operating the vehicle.

~

  1. [Reserved.] No On-street Maintenance Other than Emergency.
  2. Clean Interior. A Driver must keep the Paratransit Vehicle clean and in good appearance during his or her work shift.

~

  1. No Unauthorized Equipment. Drivers must not put any unauthorized equipment, devices or signs on or in a Paratransit Vehicle during their work shifts (excluding mobility devices, such as grab bars, or non-slip flooring). Drivers can install devices or equipment not listed here only with the written authorization of the Commission.

~

§ 56-23 Vehicles – Items Required to be in the Vehicle During Operation.

(a) General. The following items must be present in the Paratransit Vehicle prior to its operation:

   (1) The Driver’s Paratransit Driver’s License

   (2) The Vehicle’s registration certificate (or a photocopy)

   (3) The Paratransit Vehicle License (or a photocopy)

   (4) An insurance card (or a photocopy)

   (5) The lease card, if any, (or a photocopy)

   (6) The Trip Record

   (7) Any notices required to be posted in the Paratransit Vehicle

~

§ 56-24 Vehicles – Trip Records.

(a) Information Required in Trip Records. All Trip Records will contain the following information:

   (1) The Driver’s Paratransit Driver’s License number

   (2) The Paratransit Vehicle’s state license plate number

   (3) The date and time of pick-up of each passenger

   (4) The date and time of drop-off of each passenger

   (5) The locations of pick-ups and drop-offs

   (6) Any other entries required by the Commission and local, state or federal law.

   (7) When the electronic Trip Record system is operable, the Driver will use the system to record entries for the locations, dates and time of pick-ups and drop-offs, at the times they occur; the Base Owner is permitted to make all other entries.

~

  1. Electronic Trip Record System.

   (1) An electronic Trip Record system must be installed and functioning in each Paratransit Vehicle.

   (2) If the electronic system malfunctions, the Driver:

      (i) Must report the malfunction promptly,

      (ii) Must use a written Trip Record temporarily, and

      (iii) Must not operate the Paratransit Vehicle for hire for more than three business days after timely reporting the malfunction.

~

  1. Maintaining Written Trip Records When Electronic System is Inoperable. The written Trip Record must contain each of the record entries required under 35 RCNY § 56-24(a) above and must be maintained as follows:

   (1) All entries must be in ink and the Trip Record must be current.

   (2) At the beginning of each work shift the Driver will sign and certify on the Trip Record that the Paratransit Vehicle and its equipment are in good working condition and that all required items are present. (One entry for an owner/Driver is sufficient.)

~

  1. Correcting Trip Records Entries. The only method of correcting errors in written trip records is as follows:

   (1) Drivers must correct errors by written Trip Records by drawing a single line through the incorrect entry and initialing the correction.

   (2) A Driver must not erase, smear, cross out or otherwise cover an entry on a written Trip Record, and must not leave any blank lines between entries.

   (3) No one may erase, delete, alter, change or obliterate electronic Trip Record data collected in the Paratransit Vehicle.

   (4) A Driver must report all necessary corrections to the Base owner.

~

§ 56-25 Vehicle Equipment – Electronic Trip Record System.

(a) The "electronic Trip Record system" is hardware and software that collects and stores the electronic trip record data required by the Commission. This includes the following:

   (1) The Driver’s Paratransit Driver’s License number

   (2) The Paratransit Vehicle’s state license plate number

   (3) The date and time of pick-up of passengers

   (4) The date and time of drop-off of passengers

   (5) The locations of pick-ups and drop-offs

   (6) Any other entries required by the Commission and local, state or federal law.

  1. The specific pick-up and drop-off locations, dates and times must be collected in the vehicle during the trip; the Base Owner is permitted to make other entries.

§ 56-26 Vehicle Equipment – Miscellaneous.

(a) Wheelchair Ramps and Fastening Devices. A Driver must only use wheelchair ramps and fastening devices that are functioning properly and are secure.

~

§ 56-27 Accessible Street Hail Liveries.

(a) Authorization.

   (1) A Paratransit Driver who holds a Valid Paratransit Driver’s License is authorized to drive an Accessible Street Hail Livery.

  1. Must Comply with 35 RCNY Chapter 80. The holder of a Valid Paratransit Driver’s License must comply with all requirements for operation of an Accessible Street Hail Livery as set forth in 35 RCNY Chapter 80 while operating an Accessible Street Hail Livery. A Driver operating an Accessible Street Hail Livery can be found liable for violating the requirements of 35 RCNY Chapter 80.
  2. Special Penalty Programs. Any points accumulated under 35 RCNY Chapter 80 by a Paratransit Driver while operating an Accessible Street Hail Livery will count towards and be applied to the Driver’s Paratransit Driver’s License as specified in

      (i) 35 RCNY § 56-13(b) if the points are Critical Driver program points assessed by the Department of Motor Vehicles or

      (ii) 35 RCNY § 80-27(b) of these Rules if the points are Persistent Violator Program points assessed by the Commission upon a violation of the Commission’s Rules,

and the Driver may incur the penalties specified as a result. A Paratransit Driver’s License can be suspended or revoked as provided in 35 RCNY § 80-27 as if it were a TLC Driver License.

Chapter 57: Commuter Van Drivers

§ 57-01 Scope of this Chapter.

(a) To establish procedures for the licensing and regulation of Commuter Van Drivers who operate for hire into, out of or within New York City.
  1. To establish operating rules to protect the customers and the public.
  2. To establish appropriate penalties for the violation of these rules.

§ 57-02 Penalties.

(a) Unlicensed Activity.

   (1) Unlicensed Activity is the act of providing or advertising the provision of any Commission-regulated for hire transportation service by:

      (i) Any Licensee whose License is suspended, revoked, expired and not yet renewed, or

      (ii) Any person who does not hold a Valid License or Authorization from the Commission as a for hire driver, for the for hire vehicle, or for the for hire service, as applicable.

   (2) Unlicensed Activity specifically includes the activities listed in § 19-506 and § 19-528 of the Administrative Code, and can subject the violator to the seizure and possible forfeiture of the vehicle involved.

  1. Specific Penalties. If there are specific penalties for violating a Rule, they will be shown at the end of the Rule. The penalty section also states whether the violator must attend the Hearing.
  2. Payment of Fines.

   (1) Fines are due not later than 30 days after the Respondent is found guilty of or pleads guilty to the violation, unless:

      (i) the Respondent files an appeal of the decision issued by the Taxi and Limousine Tribunal within the time required by 48 RCNY Chapter 5, in which case the payment of the fines will be deferred until 30 days after the date of the appeal decision.

   (2) If the fine is not paid by the close of business on the date due, the Commission will notify the Respondent in writing that the Respondent’s License will be suspended in 10 business days of the date of the notification until the fine is paid, unless the Respondent demonstrates to the Commission, in person or in writing, that the fine has been paid.

  1. Mandatory Penalties.

   (1) The following cumulative violations will result in mandatory revocation:

Section Topic Cumulative Violation Criteria Penalty, after opportunity for Hearing
35 RCNY § 57-19(b) Pick Up and Discharging Passengers Failure to comply three or more times within six months Revocation of Drivers License
35 RCNY § 57-12(c) Use or attempt to use physical force Failure to comply three or more times within six months Revocation of Drivers License
35 RCNY § 57-11(c) Suspension of license under”Bus Driver”Driver Rules Driver’s license is suspended under Article 19-A § 509-c(2)(d) twice within a three year period, for accumulating nine or more points within an 18-month period Revocation of Drivers License

~

   (2) A Driver who has had his or her License revoked under any of these mandatory penalties is not permitted to apply for a new License for a period of one year after the date of revocation

§ 57-03 Definitions Specific to this Chapter.

(a) Applicant in this Chapter means an Applicant for an original or renewal Commuter Van Driver's License.
  1. Application in this chapter refers to an application for a Commuter Van Driver’s License including all documentation and other information submitted as part of the application.
  2. Authorized means that a Commuter Van Service has been given permission to operate by the Commission.
  3. Commuter Van Driver’s License means a License to drive a Commuter Van Vehicle.
  4. Commuter Van Vehicle. A motor vehicle having a seating capacity of at least nine (9) but not more than twenty (20) passengers that has been licensed by the TLC to carry passengers for hire in an Authorized Commuter Van Service.
  5. Commuter Van Service. A service that is Authorized by the Commission to use Commuter Vans to provide transportation into, out of, or within New York City:

   (1) on a prearranged, regular daily basis,

   (2) over non-specified or irregular routes, and

   (3) between a zone in a residential neighborhood and a location which will be a work related central location, a mass transit or mass transportation facility, a shopping center, recreational facility or airport.

  1. Driver in this Chapter refers to a Commuter Van Driver.
  2. License in this Chapter means a Commuter Van Driver’s License.
  3. Person with a Disability is an individual with a physical or mental impairment or incapacity, including a person who uses a wheelchair, crutches, three-wheeled motorized scooter, other mobility aid, or a Service Animal, but who can transfer from such a mobility aid to a Taxicab, For-Hire Vehicle or Commuter Van with or without reasonable assistance.
  4. Service Animal. A guide dog, signal dog or any other animal trained specifically to work or to perform tasks for a Person with a Disability, including, but not limited to, guiding individuals with visual impairments, alerting individuals with hearing impairments to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair or retrieving dropped items.

§ 57-04 Licensing – General Requirements.

(a) [Reserved.] Age.
  1. [Reserved.] Identification.
  2. Chauffeur’s License. An Applicant must hold a Valid Chauffeur’s License.
  3. Qualified “Bus Driver” Under Article 19-A. An Applicant for a Commuter Van Driver’s License must:

   (1) Meet the qualifications of Article 19-A of the NYS Vehicle and Traffic Laws for the operation of a bus, as that article defines “bus,” and

   (2) Submit a copy of the affidavit filed with the NYS Department of Motor Vehicles certifying that the driver has done so.

  1. Fitness for the Job. The Applicant must demonstrate to the satisfaction of the Commission that he or she is fit and able to drive the Commuter Van for which the License is sought.
  2. Familiar with Geography. An Applicant must demonstrate to the satisfaction of the Commission that he or she is familiar with the geography and streets of the area in which he or she intends to operate a Commuter Van.
  3. [Reserved.] Pass Drug Test.
  4. Fingerprinting for Determining Good Moral Character.

   (1) The Applicant must be fingerprinted so that the Commission can obtain criminal history records from the New York State Division of Criminal Justice Services.

   (2) The Applicant must pay any processing fee required by the State.

  1. [Reserved.] Agreement to Accept Service of Process.
  1. Training.

   (1) Defensive Driving Course.

      (i) Applicants for a new Commuter Van Driver’s License must hold a current certificate of completion that was issued no more than three years prior to the application date for the required hours of instruction in a Defensive Driving Course.

      (ii) Applicants for a renewal Commuter Van Driver’s License must hold a current certificate of completion that was issued no more than three years prior to the application date for the required hours of instruction in a Defensive Driving Course dated within three years prior to the date of the renewal application.

  1. [Reserved.] Unique Requirements/Exceptions for NY Police Officers.
  2. Payment of Fines and Fees.

   (1) An Applicant, including an applicant for a renewal License, must pay, and provide proof of payment of, any outstanding fines or fees owed by the Applicant to

      (i) the Commission,

      (ii) NYC Department of Finance’s Parking Violations Bureau,

      (iii) NYC Department of Finance’s Red Light Camera Unit,

      (iv) NYS DMV’s Traffic Violations Bureau and

      (v) any of their successor agencies.

   (2) This requirement includes payment of fines and fees owed as of the date of the application by

      (i) any Business Entity Persons of the Applicant

      (ii) any Business Entity of which the Applicant is a Business Entity Person, and

      (iii) any Business Entity of which a Business Entity Person of Applicant is also a Business Entity Person.

   (3) An Applicant, including an Applicant for a renewal License, must pay any fines related to their failure to surrender a previously revoked License (of any type), unless the Applicant can demonstrate in person or in writing that the License has been surrendered.

  1. Address. An Applicant must give the Commission the Applicant’s current Mailing Address and a current and valid E-mail Address.
  2. Material Changes in the Application. The Applicant must inform the Chairperson of any material change in the information submitted as part of the Application while the Application is pending. Material changes include, but are not limited to:

   (1) Changes in Applicant’s Chauffeur’s License status;

   (2) Mailing address;

   (3) Additional criminal convictions;

   (4) Additional DMV convictions, including convictions for the offense of operating a motor vehicle while impaired by alcohol or drugs; or

   (5) Any change to the information provided or submitted with the Application.

  1. Summary of Driving Record. An Applicant whose driver’s license has been issued by a state other than New York or who has held a driver’s license issued by a state other than New York within the two years prior to the date of the Application, must provide the Commission with an abstract of his or her driving record from the state that issued the Applicant’s driver’s license, dated no more than 90 days prior to the date of the Application, covering at least the two years prior to the date of the Application.

§ 57-05 Licensing – Probationary Licenses. [Reserved]

(a) Original (new) License Term. An original Commuter Van Driver's License will be Valid for three years from the date it is issued.
  1. Renewal License Term. A License issued to a renewing Applicant will be Valid for three years from the date that the previous License expired.
  2. When to File for Renewal.

   (1) A renewing Applicant must file a completed application at least 30 days before the expiration date of the License. The review of applications submitted fewer than 30 days before the expiration date may not be completed until after the expiration date of the License. Licenses are not Valid and cannot be used to drive a Vehicle after the License expiration date until the application for renewal is approved by the Commission.

   (2) A renewing Applicant can file a completed application up to 180 days after the expiration date as a “late application”, if the Applicant pays a late fee of $25. When a late application is submitted, the License will remain expired and not Valid to drive a Vehicle until the application for renewal is approved by the Commission.

   (3) Application Submission Date.

      (i) Applications filed online: The date of submission is the date an application is filed online.

      (ii) Applications filed in person: The date of submission is the date an application is filed in person.

   (4) A License cannot be renewed more than 180 days after the expiration date.

  1. Suspended Licenses.

   (1) If a License is suspended, the Licensee must apply for renewal as required in subdivision (c) of this section to renew the License. Failure to complete the renewal requirements means that the License cannot be renewed.

   (2) A License that is suspended is not Valid and cannot be used until the suspension ends. This is true even if the Applicant has filed an application for a renewal.

§ 57-07 Licensing – License and Administrative Fees.

(a) Fee for License. The fee for a Commuter Van Driver's License will be $84 annually.
  1. When Fee is Paid. The fee for an original or renewal License must be paid when the Applicant files the application.
  2. No Refund if Application Denied. The Commission will not refund fees if it denies or disapproves an application.
  3. Late Filing Fee. The Commission will charge an additional fee of $25 for a late filing of a renewal application, if it allows the filing at all.
  4. License Replacement Fee. The Commission will charge an additional fee of $25 for each License it issues to replace a lost or mutilated License.

§ 57-08 Licensing – Procedures and Causes for Denial.

(a) Fit to Hold a License – Applicant. The Chairperson will deny the original or renewal License of any Applicant who fails to demonstrate that they are Fit to Hold a License. The Chairperson will inform the Applicant, in writing, of the specific reason(s) for this denial. The decision to deny a license Application is in the discretion of the Chairperson.
  1. Fit to Hold a License – Licensee. If at any time the Chairperson is notified that a Driver no longer meets the requirements for licensure, the Chairperson can deny Driver’s renewal application or may seek to suspend or revoke his or her License.
  2. Denial of an Application. The Chairperson can reject or deny a new Application for a License for the reasons specified in this section. If, at the time of submission of an Application by the Applicant, the Chairperson identifies that the Applicant meets the criteria in this section, the Chairperson will reject the Application and no Application fees will be accepted. If the Application is accepted by the Chairperson, no Application fees will be refunded.

   (1) Three-Year Ban. The Chairperson can deny an Application if, during the previous three years, the Applicant has committed:

      (i) Any act, as prohibited by these Rules, of driving a TLC licensed vehicle while impaired by intoxicating liquor (regardless of its alcoholic content), or Drugs.

      (ii) Any act, as prohibited by these Rules, of bribery, fraud, material misrepresentation, theft, threat against a person, harassment, abuse, or use of physical force.

      (iii) Any act, as prohibited by these Rules, involving the possession of a Weapon in a vehicle licensed under these Rules.

      (iv) Any act, as prohibited by these Rules, resulting in the revocation of a prior License, unless the prior License was revoked pursuant to the mandatory penalties set forth in 35 RCNY § 80-02(e).

         1. The three-year ban will apply if, while license revocation charges were pending, a prior License expired or was surrendered to the Chairperson.

         2. Special Consideration for Critical Driver Program and Persistent Violator Program Revocations. After a minimum of one year from the date the Critical Driver or Persistent Violator summons is issued, an Applicant may request a waiver of the three-year ban from the Chairperson. This request can only be made if the Applicant’s driving record reflects no more than three points for violations that occurred during the three year period preceding the date of the request for the waiver.

   (2) One-Year Ban. The Chairperson can deny an Application if, during the previous one year, the Applicant has committed:

      (i) More than three traffic Collisions within a single year. The one-year ban will be counted from the date of the last Collision.

      (ii) Prior Application Denied. The Chairperson will deny an Application that is submitted within one year after the submission of a prior Application, if the previous Application was denied because the Applicant was found not Fit to Hold a License. The one-year ban will be counted from the date the prior application was submitted to the Commission.

      (iii) Illegal use of Drugs, as determined by the Commission following a drug test required by the Commission. This includes where the drug test result was unchallenged or unsuccessfully challenged. The one-year ban will run from the date of the failed drug test.

   (3) Other Reasons for Denial of an Application.

      (i) Mistake or Omission in the Application. The Chairperson can deny an Application if the Application includes any material mistake or omission, or if the Applicant fails to inform the Chairperson of any material change in the Application.

      (ii) Eligible for Critical Driver Penalty. The Chairperson can deny an Application if the Applicant would if licensed be subject to License suspension or revocation under the Critical Driver Program at the time the Application is submitted.

         (1) For purposes of this subparagraph, TLC will consider DMV points accrued no earlier than 15 months prior to the date of the application in order to determine whether the new applicant meets the Critical Driver Program standard.

      (iii) Pendency of Criminal Charges. The Chairperson will defer consideration of an Application if the Applicant has criminal charges pending. If the charges are not resolved within 90 days after the submission of the Application, the Application will be denied.

   (4) Settlements. When settling charges which may result in the revocation of a License, the Chairperson and the Respondent in that proceeding may agree to a ban on applying for a new License different than that provided for in these rules, provided that the agreement is in writing.

  1. Failure to Complete Application Requirements.

   (1) The Chairperson will deny an Application for a new License if the Applicant has not completed all the requirements of an Application within 90 days of the date the application is filed.

   (2) The Chairperson will deny an Application for a renewal License if the Applicant has not completed all the requirements of an Application within 180 days after the expiration date of the prior License.

   (3) The Chairperson will not deny an Application under this Rule if completion is delayed because the Chairperson has not issued a final decision and the Applicant has complied with any requests made by the Chairperson.

  1. Additional Consideration of an Application. If a review of the Application leads the Chairperson to believe that the Applicant may not be Fit to Hold a License, the Chairperson may seek additional information from the Applicant. This request for additional information may be an in-person interview, telephone call, letter, e-mail, or other method of communication. This additional consideration may result in the denial of the Application. Failure to provide any requested information within the time frame requested, or failure to appear at a scheduled interview will result in a denial of the application.

§ 57-09 Licensing – Transfer of License.

(a) A Commuter Van Driver's License is not assignable or transferable.

§ 57-10 Licensing – Care of Licenses.

(a) Loss or Theft of License. A Driver, within 72 hours (not counting holidays and weekends), must notify the Commission of the loss or theft of his Commuter Van Driver's License.

~

  1. Unreadable License. A Driver must immediately surrender any unreadable or unrecognizable Commuter Van Driver’s License to the Commission.

~

  1. No Alteration. A Driver must not alter in any way any portion of his Commuter Van Driver’s License or the attached photograph.

~

  1. Keep Likeness Updated. Whenever a Driver’s physical appearance has changed to any significant extent, the Driver must contact the Commission and arrange to have a new photograph of him- or herself taken at the Commission offices.

~

  1. Surrender of License. A Driver must surrender his or her License to the Commission immediately upon revocation of the License. The License must be surrendered within thirty days of the date of revocation.

~

§ 57-11 Comply with Laws – Unlicensed Activity Prohibited.

(a) Driver Must Be Licensed. A person must not operate a for-hire Commuter Van without having a Valid Commuter Van Driver's License.

~

  1. Driver Must Have a Valid Chauffeur’s License. A driver must not operate a Commuter Van unless he or she possesses a Valid Chauffeur’s License. The License of a Driver who operates a Commuter Van without a valid Chauffer’s License will be summarily suspended.

~

  1. Driver Must Be in Compliance with Article 19-A. A Commuter Van Driver must be in compliance with Article 19-A of the New York State Vehicle and Traffic Law. Driving a Commuter Van in noncompliance with Article 19-A is considered to be the same as if the individual were driving a Commuter Van without a Valid Commuter Van License. The License of a Driver who operates a Commuter Van in noncompliance with Article 19-A will be summarily suspended.

~

  1. Commuter Van Must Be Licensed and Authorized. A Commuter Van Driver must not operate a Commuter Van unless it is:

   (1) Licensed by the Commission

~

   (2) Operating under an Authorized and Valid Commuter Van Service.

~

  1. Shall Not Advertise Vehicle as Commuter Van Service. No person will operate any vehicle bearing the words “Commuter Van Service,” “van service,” “Commuter Van,” “van” or other similar designation unless all of the following are true:

   (1) The person has:

      A. A Commuter Van Drivers License

      B. A Valid state driver’s license;

   (2) The vehicle is:

      A. Licensed as a Commuter Van

~

      B. Operating under an Authorized and Valid Commuter Van Service.

~

  1. Driving with an Expired License. A person who drives an authorized, Licensed Commuter Van after his or her Commuter Van Driver’s License expires, or before the Commission issues a renewal License is guilty of driving without a License, and will be subject to the penalties for violation of 35 RCNY § 57-11(a).

§ 57-12 Comply with Laws – Proper Conduct.

(a) No Bribery.

   (1) Must Not Offer Bribe. A Driver or any person acting as his representative must not offer or give any gift, gratuity or thing of value to any member, employee, or representative of the Commission or any public servant who is charged with the administration or enforcement of this chapter or any traffic rule or law.

~

   (2) Report Request for Bribe. A Commuter Van Driver must immediately report to the Commission and to the New York City Department of Investigation any request or demand for a gift, gratuity or thing of value by any employee, representative or member of the Commission or any public servant who is charged with the administration or enforcement of this chapter or any traffic rule or law.

~

  1. No Fraud, Misrepresentation. While performing the duties and responsibilities of a Driver, a Driver must not commit or attempt to commit, any act of fraud, misrepresentation or theft.

~

  1. Use or Threat of Physical Force. While performing the duties and responsibilities of a Driver or any act in connection with those duties, a Driver must not use or attempt to use any physical force against any person nor harm or distract any Service Animal.

~

  1. Report Criminal Conviction. A Driver must notify the Commission within five calendar days after any criminal conviction of the Driver. The notice must be in writing and must be accompanied by a certified copy of the certificate of disposition issued by the clerk of the court explaining what happened as a result of the conviction.

~

  1. Cooperate with Law Enforcement and the Commission. Commuter Van Drivers must:

   (1) Answer all questions truthfully and comply as directed with all communications, directives and summonses from the Commission or any other person or entity authorized to enforce the provisions of Chapter 5 of Title 19 of the Administrative Code relating to Commuter Vans;

~

   (2) Produce any documents required by this section to be kept in the Commuter Van upon the demand of any authorized person or entity; and

~

   (3) Produce any document required by this chapter to be kept by no later than 10 days following a request from the Commission.

~

   (4) (i) A Driver must report any change of Mailing Address and E-mail Address to the Commission in person or by mail within ten days.

~

      (ii) Any communication from the Commission is sufficient if sent to the last Mailing Address provided by the Driver.

  1. No Willful Acts of Omission. While performing the duties and responsibilities of a Licensee, a Licensee must not deliberately fail to perform, alone or with another, any act where this failure is against the best interests of the public, although not specifically mentioned in these rules.

~

  1. No Willful Acts of Commission. While performing the duties and responsibilities of a Licensee, a Licensee must not deliberately perform or attempt to perform, alone or with another, any act that is against the best interests of the public, although not specifically mentioned in these rules.

~

  1. Courtesy. A Licensee will be courteous to Passengers.

~

      (i) Threats, Harassment, Abuse. While performing the duties and responsibilities of a Licensee, a Licensee must not threaten, harass, or abuse any person, and must not distract or attempt to distract any Service Animal.

~

  1. Facilitation of Sex Trafficking with a Vehicle. A Licensee must not Facilitate Sex Trafficking with a Vehicle.

~

  1. Sexual Harassment. While performing the duties and responsibilities of a Licensee, a Licensee must not engage in the sexual harassment of any person.

~

  1. Sexual Contact. While performing the duties and responsibilities of a Licensee, a Licensee must not engage in sexual contact with any person.

~

§ 57-13 Comply with Laws – Traffic Laws & Miscellaneous.

(a) Critical Driver's Program ("Points" in this Section refers to points assessed by the Department of Motor Vehicles). In addition to any other action the Commission might take, the following penalties will be enforced as part of the Commission's Critical Driver's Program:

   (1) License Suspension. If, within a 15-month period, a Driver accumulates six or more points but fewer than ten points on his or her driver’s license (whether issued by New York or another state), the Commission will suspend the Driver’s Commuter Van Driver’s License for 30 days.

   (2) License Revocation. If, within a 15-month period, a Driver accumulates 10 or more points on his or her driver’s license (whether issued by New York or another state), the Commission will revoke the Driver’s Commuter Van Driver’s License.

   (3) Review of Driver Fitness. The Commission can at any time review the fitness of a Driver to continue to be licensed following any moving violation, Collision, or other driving-related incident and can seek to impose other, additional, and/or more severe penalties or take any other action permitted under these Rules.

   (4) 15-Month Period. When determining whether a suspension or revocation is required based on the accumulation of points in a 15-month period, the Commission will count backwards 15 months from the date of the most recent conviction for the violation carrying points that is cited in the summons issued under this section.

   (5) Date of Point Accumulation. For the purpose of this rule, points assigned by the Department of Motor Vehicles for any violation will be counted as of the date of conviction.

   (6) Multiple Points from a Single Incident. A Driver can be fined points against his or her license for multiple violations arising from a single incident. For the purpose of calculating points that might lead to a License suspension or revocation, the Commission will count the single violation with the highest point total, if a Driver has accumulated points for multiple violations arising from a single incident.

   (7) Point Reduction for Voluntary Course Completion.

      (i) Before suspending or revoking a Driver’s License, the Commission will, for purposes of the Critical Driver’s Program, deduct three points from the total points that appear on the Licensee’s driving record maintained by the DMV, or equivalent licensing agency of the state which issued such license, of any Licensee who voluntarily attends and satisfactorily completes a Defensive Driving Course. Such point reduction will count only towards points accumulated by the Licensee as a result of the conviction for violations that occurred within 15 months prior to the date of the completion of the course, counting from the date of conviction. In order for the Defensive Driving Course to reduce the Licensee’s Critical Driver Program points, the course must be satisfactorily completed prior to the adjudication of the Critical Driver summons. Completion of the Defensive Driving Course after the adjudication of a Critical Driver Program summons will reduce the Licensee’s Critical Driver’s Program points only after the Licensee completes his or her suspension. If the Licensee’s driver’s license was issued by a state other than New York, the Licensee must submit a recent driving abstract from the state of licensure.

      (ii) The Driver must furnish the Commission with proof when the course was taken and that the course was satisfactorily completed before the Commission will reduce the Driver’s point total.

      (iii) If the Commission has already suspended or revoked the Driver’s License, the point reduction will not change the Commission’s decision.

      (iv) The Commission will not reduce the total points of any Driver more than once in any 18-month period.

  1. [Reserved.]
  2. Compliance with Traffic Laws. A Commuter Van Driver must comply with all applicable traffic laws, rules and regulations. The Commission will impose fines and penalties in addition to any fines and penalties imposed by the underlying law as follows:

   (1) Laws, rules or regulations governing stationary vehicles.

~

   (2) Laws, rules or regulations governing moving vehicles, other than hazardous moving violations defined by paragraph (3) of this subdivision.

~

   (3) Laws, rules or regulations governing moving vehicles that involve hazardous moving violations, defined as follows:

      •     speeding;

      •     failing to stop for school bus;

      •     following too closely (tailgating);

      •     inadequate brakes, either your own vehicle or your employer’s vehicle;

      •     failing to yield right of way; traffic signal violation; stop sign violation;

      •     yield sign violation; railroad crossing violation; improper passing;

      •     unsafe lane change; driving left of center; driving in wrong direction; and

      •     leaving scene of a Collision involving property damage or injury to animal.

~

§ 57-14 Operations – Passenger and Driver Safety.

(a) Reckless Driving Rule. A Driver must not operate a Commuter Van in a manner or at a speed that unreasonably endangers users of other vehicles, pedestrians, or the Passengers.

~

  1. Use of Electronic Communication Device.

   (1) A Driver must not Use an Electronic Communication Device while operating a Vehicle. A Driver can Use an Electronic Communication Device only while the Vehicle is lawfully standing or parked.

~

   (2) In addition to the penalties provided above for any violation of this Rule, a Driver convicted of a violation of this Rule must complete a Distracted Driving Course no later than 60 days after the date of conviction. The license of a Driver who does not complete the Distracted Driving Course within the 60 day period will be suspended until compliance. Penalty: Suspension until compliance if course not completed within 60 days of the date of conviction. The Driver must provide proof that the course was completed.

   (3) Affirmative Defense. A Driver can offer an affirmative defense to a charge of Using an Electronic Communication Device under this Rule if all of the following are true:

      (i) The communication was to an emergency response operator;

      (ii) The communication reports an imminent threat to life or property;

      (iii) The Driver could not safely stop the Vehicle to make the report; and

      (iv) The Driver provides documentary proof of communication with an emergency response provider.

    1. Report Before Leaving Scene. A Driver who knows or should have known that a Collision involving the Driver’s Commuter Van resulted in personal injury to another or damage to another’s property, must stop before leaving the scene of the Collision, and if the other involved party is present, must:

      (i) Show his or her Chauffeur’s License, Commuter Van Driver’s License, and Vehicle License to the party sustaining the damage.

      (ii) Give the other involved party his or her name, Chauffeur’s License number, the Vehicle owner’s name, the affiliated Commuter Van Service name and telephone number, Commuter Van Driver’s License number, and Vehicle License number, as well as the name of the Vehicle’s insurance carrier and the insurance policy number.

~

   (2) Notify Commuter Vans Service of Collision. If the Driver is involved in a Collision, the Driver must immediately report the Collision to the owner of the Commuter Van Service.

~

  1. Serious Crashes. A serious crash is one in which any person has suffered Critical Injury or death. “Critical Injury,” for purposes of this section, means any injury determined to be critical by the emergency medical service personnel responding to such crash.

   (i) If a Driver has been issued a summons for or charged with one or more traffic related violations or crimes in a serious crash, the Driver’s License may be Summarily Suspended, upon a finding that the Driver’s conduct was a substantial cause of the Serious Crash. Upon conviction of the Driver of one or more of the violations or crimes stated in the summons or charges and upon a determination that one or more of the violations or crimes for which conviction occurred was a cause of Critical Injury or death, the License will be revoked. A Summary Suspension pursuant to this section may be lifted pursuant to this Title 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 Chairperson may continue to suspend the license pursuant to an investigation into the Driver’s fitness, and such license may be revoked if the Driver is found not Fit to Hold a License (see subdivision (ii)). This section does not limit in any way the Chairperson’s authority to Summarily Suspend a Driver for other reasons.

   (ii) After any Serious Crash of which the TLC is notified involving a Driver operating a Licensed Vehicle, the TLC will review whether the Driver is Fit to Hold a License under 35 RCNY § 57-08(b). The TLC can seek Suspension or Revocation of the Driver’s License and can Summarily Suspend the Driver’s License while any fitness review or enforcement action is pending, in accordance with 35 RCNY § 68-15 of this Title.

§ 57-15 Operations – General Rules.

(a) [Reserved.] No Weapons.
  1. Driver Neat & Clean. A Driver must be clean and neat in dress and person and present a professional appearance.

~

  1. No smoking. A Driver must not smoke in a Commuter Van.

~

  1. [Reserved.] No locking rear doors.
  2. [Reserved.]
  3. [Reserved.] Have E-ZPass.
  4. No Overcharging Customers.

   (1) A Commuter Van Driver will not charge or attempt to charge a customer more than the fare that was approved in advance by the dispatcher.

   (2) A Commuter Van Driver will not charge or attempt to charge any additional fees for transporting a Person with a Disability, for a Service Animal accompanying a Person with a Disability, or for wheelchairs or other mobility aids.

~

   (3) No Driver is permitted to ask or require a Passenger to tip.

~

  1. [Reserved.] Non-paying Customers.
  2. [Reserved.] No Overloading Vehicle.
  3. [Reserved.] Use of Front Seat.
  4. [Reserved.] Luggage.
  5. [Reserved.] No Property.
  6. [Reserved.] No `Marketing’ to Passengers.
  7. [Reserved.] Handling Passengers with Infectious Diseases.
  8. A Commuter Van Driver must not engage in horn-honking that violates traffic rules and regulations.

~

§ 57-16 Operations – Comply with Reasonable Passenger Requests.

(a) [Reserved.]. Shortest Route Absent Reasonable Passenger Request.
  1. [Reserved.] Request to Change Destination or Terminate.
  2. [Reserved.] Request for Driver’s Name, License Number.
  3. [Reserved.] Request for Receipt.
  4. Passenger Requests on Audio.

   (1) All audio equipment controlled by the Driver must be turned on or off at the request of the Passengers.

   (2) The Passengers have the right to select what is played on the audio equipment.

   (3) The audio equipment must not be played if any Passenger objects.

   (4) Whether or not the Vehicle is in use, an audio device must be played at normal volume only, and must comply with all noise laws and regulations.

~

  1. Passenger Requests on Air Conditioning. A Driver must turn on or off heating or air-conditioning equipment at the request of the Passengers.

~

§ 57-17 Operations – Method of Payment. [Reserved]

(a) Solicitation of Passengers. A Commuter Van Driver must only transport passengers on a pre-arranged basis.

~

  1. Limitations on Passenger Pick-up. A Commuter Van Driver must not perform or allow the pick up or discharge passengers:

   (1) Outside of the geographic area specified in the Commuter Van Service Authorization, or

   (2) Along any route of a City of New York or private bus line. Exception: This restriction does not apply to the pick up or discharge of passengers along bus routes in the borough of Manhattan south of Chambers Street by drivers for commuter van services which on July 1, 1992 had authority from the New York 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 1, 1992.

~

§ 57-20 Operations – Refusing Passengers.

(a) Must Not Refuse. Unless justified, a Driver who is dispatched must not refuse by words, gestures or any other means, to transport a person who has prearranged the trip and the destination is within Commuter Van Service's Authorized jurisdiction. This includes a passenger accompanied by a Service Animal.

~

  1. Justification for Refusal. Justifiable grounds for refusing to transport passengers include:

   (1) The passenger has a weapon

   (2) The passenger has a package or some article that the Driver reasonably believes could injure others or damage the Commuter Van Vehicle.

   (3) The passenger is accompanied by an animal which is not properly or adequately secured in a kennel case or other suitable container. (This provision does not apply to Service Animals accompanying Persons with Disabilities.)

   (4) The passenger is intoxicated or disorderly. (A Driver must not, however, refuse to provide service solely because a disability results in annoying, offensive or inconvenient behavior).

   (5) The passenger has refused a request by the Commuter Van Driver to stop smoking.

      (i) The Driver may discharge a passenger who refuses to stop smoking after the Driver made the request.

      (ii) If a Driver discharges the passenger, it must be at a safe location.

  1. Attendants for Disabled Passengers.

   (1) A Commuter Van Driver must not require a Person with a Disability to be accompanied by an attendant.

   (2) If a Person with a Disability is accompanied by an attendant, a Driver must not charge or attempt to charge an additional fare for transporting the attendant.

~

  1. Luggage and Mobility Aids. A Commuter Van Driver must not refuse to transport a passenger’s wheelchair, crutches or other mobility aid.

~

§ 57-21 Operations – Cooperation with Issuing Jurisdictions. [Reserved]

(a) [Reserved.] 3-Minute Idle.
  1. [Reserved.] Inspect Condition.
  2. [Reserved.] No On-street Maintenance Other than Emergency.
  3. Clean Interior. A Driver during his or her work shift must keep the Vehicle’s interior clean and scent free.

~

  1. [Reserved.] Exterior Clean and Identification Visible.
  2. [Reserved.] No Unauthorized Equipment.
  3. [Reserved.] No Unauthorized Signing.

§ 57-23 Vehicles – Items Required to be in the Vehicle During Operation.

(a) Items in Vehicle. A Commuter Van Driver must not operate a Commuter Van unless the following are present in the vehicle:

   (1) The Commuter Van License;

   (2) The Driver’s Commuter Van Driver’s License (this must be mounted in a protective holder behind the Driver’s seat);

   (3) The Authorization to operate a Commuter Van Service, or a legible photocopy; and

   (4) The vehicle registration and evidence of current liability insurance.

~

§ 57-24 Vehicles – Written Trip Records. [Reserved]

Chapter 58: Medallion Taxicab Service

§ 58-01 Scope of this Chapter.

(a) To establish the procedures and requirements for obtaining a Taxicab License.
  1. To establish the rules and regulations for operating a Taxicab.
  2. To establish the penalties for violating the Rules.

§ 58-02 Penalties.

(a) Unlicensed Activity.

   (1) Unlicensed Activity is the act of providing or advertising the provision of any Commission-regulated for hire transportation service by:

      (i) Any Licensee whose License is suspended, revoked, or expired and not yet renewed, or

      (ii) Any person who does not hold a Valid License or Authorization from the Commission as a for hire driver, for the for hire vehicle, or for the for hire service, as applicable.

   (2) Unlicensed Activity specifically includes the activities listed in § 19-506 and § 19-528 of the Administrative Code, and can subject the violator to the seizure and possible forfeiture of the vehicle involved.

  1. Specific Penalties. If there are specific penalties for violating a Rule, they are shown at the end of the Rule. The penalty section also states whether the violator must attend the Hearing.
  2. Payment of Fines.

   (1) Fines are due not later than 30 days after the Respondent is found guilty of or pleads guilty to the violation, unless:

      (i) the Respondent files an appeal of the decision issued by the Taxi and Limousine Tribunal within the time required by 48 RCNY Chapter 5 of the Rules of the City of New York, in which case the payment of the fines will be deferred until 30 days after the date of the appeal decision.

   (2) If the fine is not paid by the close of business on the date due, the Commission will notify the Respondent in writing that the Respondent’s License will be suspended in 10 business days of the date of the notification until the fine is paid, unless the Respondent demonstrates to the Commission, in person or in writing, that the fine has been paid.

§ 58-03 Definitions Specific to this Chapter.

(a) Accessible Conversion Start Date is the date which is the earlier of (1) the date on which there is available an Accessible Taxicab Model that meets the specifications of 35 RCNY § 67-05.2 and the requirements of § 19-533 of the Administrative Code, as certified by the Chairperson, or (2) January 1, 2016. To the extent possible, the Chairperson will place a notice of the Accessible Conversion Start Date on the Commission's Website at least 60 days prior to the Accessible Conversion Start Date.
  1. Accessible Taxi Dispatcher. The Accessible Taxi Dispatcher is the entity which, under contract with the Commission, will convey dispatches, or requests for accessible service to Drivers of Accessible Taxicabs and to Drivers of Accessible Street Hail Liveries to provide transportation for a Passenger or group of Passengers, at least one of whom must be mobility-impaired, for trips that originate in New York City.
  2. Administrator for the purposes of this Chapter, will refer to an executor, administrator, conservator, guardian or any other person or entity legally appointed to act on behalf of an Owner of a Taxicab Medallion due to owner’s death or incompetency.
  3. Applicant in this chapter means the individual or Business Entity applying for an original or renewal Taxicab License under this Chapter in whose name the License applied for will be issued.
  4. Business Entity in this Chapter includes corporations, partnerships and limited liability companies.
  5. Claim Letter is a letter asserting a possible Excess Claim against an Owner of a Taxicab Medallion or a Taxicab Medallion.
  6. Dispatch. When used in this Chapter, the term Dispatch refers to an Owner sending out one or more Taxicabs for a particular shift; it does NOT mean sending a Taxicab to pick up a particular passenger by pre-arrangement.
  7. Dispatch Fee is the fee payable to the Driver of an Accessible Taxicab, according to the Dispatch Fee schedule, for completing or attempting to complete a trip dispatched by the Accessible Taxi Dispatcher. The Dispatch Fee schedule, including cancellation fees and passenger no-show fees, will be determined by the Commission, and posted on the Commission’s website, every six months based on a review of available funds and the Accessible Taxi Dispatcher’s service rates.
  8. Driver in this Chapter means a Taxicab Driver.
  9. Escrow Amount is the amount for which an escrow account is required to be established in order to satisfy one or more Excess Claims.
  10. Excess Claim is a Tort Claim asserted against the Owner of a Taxicab Medallion for more than the amount of insurance covering the Taxicab at the time the claim arose.
  11. Fair Market Value in reference to the transfer of a Taxicab Medallion is the average value of arms-length transactions for similar Medallions during the prior calendar month, as determined by the Commission.
  12. Flat Rate is a definite dollar amount that will be charged to a Taxicab passenger for a specific trip, and is fixed before the trip begins (NOTE: “double the Taximeter” is not a Flat Rate).
  13. Fleet is a Business Entity organized for the purpose of owning or operating Taxicabs that meets the following requirements:

   (1) Controls a minimum of 25 Taxicabs

   (2) has a single business location that is adequate for the storage, maintenance, repair and dispatch of the Fleet Taxicabs and the storage and maintenance of records

   (3) operates with a dispatcher on the premises at least 18 hours every day, who assigns Drivers to Fleet Taxicabs.

  1. Legatee means someone to whom the proceeds of an estate are to be distributed.
  2. License in this Chapter means a Taxicab License.
  3. Licensee in this Chapter means the holder of a Taxicab License.
  4. Long Term Driver Affidavit is the document an Owner files with the Commission indicating that a Taxicab will be operated by a Long Term Driver or by Unspecified Drivers.
  5. Market Value in reference to the transfer of a Taxicab Medallion will be the greater of: (i) the actual consideration being paid for the transfer; and (ii) the Fair Market Value.
  6. Maximum Escrow Amount means:

   (1) The Market Value of the Taxicab Medallion being transferred less the value of any debt or liens secured by the Medallion and the Transfer costs PLUS

   (2) The value of any proceeds of any refinancing received by the Owner that was not used to reduce any previously existing debt or liens secured by the Medallion following the date of an occurrence of an alleged tort involving the Taxicab which gives rise to a potential Excess Claim

  1. Medallion is the numbered plate originally issued by the Commission and affixed to the outside of a Taxicab as physical evidence that the Taxicab has been licensed to operate as a Medallion Taxicab.
  2. MTA Tax is the 50 cent tax on taxicab trips imposed by Article 29-A of the NYS Tax Law.
  3. Owner in this Chapter means an individual or Business Entity licensed by the Commission to own and operate one or more Medallion Taxicabs.
  4. Prior Claim Letter is a Claim Letter received by the Commission prior to February 1, 2009.
  5. Secured Lender Escrow Amount means the Market Value of the Taxicab Medallion being transferred less the value of any debt or liens secured by Medallion and the Transfer Costs.
  6. Secured Lender Recipient means a secured creditor seeking to repossess or foreclose upon a Taxicab Medallion in order to realize the value of its secured interest, but that is not applying to operate the Taxicab Medallion and will not be considered a Transferee provided the Secured Lender Recipient places the Medallion in storage as required in 35 RCNY § 58-46(c).

(aa) Stop-Use Directive is a notice sent to an Owner by the Commission directing the Owner to stop using a designated Agent because that Agent’s License has been revoked or suspended.

(bb) Substantial Interest in Taxicab Medallions means direct or indirect ownership of four or more Medallions, that can result from one or more of the following:

   (1) Ownership of 25 percent or more of the stock in one or more corporations that own Medallions

   (2) Ownership of 25 percent or more of the membership interests in one or more LLC’s that own Medallions

   (3) A partnership interest in one or more partnerships that own Medallions

   (4) Being an officer in one or more corporations that, in the aggregate, have a direct or indirect equity interest in four or more Medallions.

  1. Taxicab License is the authority granted by the Commission for an Applicant to own and operate a designated vehicle as a Taxicab within the Commission’s jurisdiction, and is evidenced by the Medallion affixed to the hood of the vehicle.

(dd) Taxpayer is a person or Business Entity required to pay the MTA Tax.

(ee) 10% Business Entity Person is a Business Entity Person who owns at least 10% of a Business Entity.

(ff) Tort Letter is a statement from the insurer of a Taxicab stating whether or not the insurer is aware of any Excess Claims against the Taxicab Medallion or its Owner.

(gg) Transfer means the transfer of all or any portion of a Medallion ownership interest, including the transfer of interests in a Business Entity owning Medallions.

(hh) A Transferee is an Applicant seeking approval from or approved by the Chairperson to own and operate a Medallion Taxicab in which Applicant is acquiring an interest, either directly or indirectly, through a transfer described under 35 RCNY § 58-43.

  1. Transfer Costs means the administrative costs involved in processing a transfer of ownership of a Taxicab Medallion and includes the costs of any foreclosure or similar action and any outstanding fines or fees owed to the Commission or the Parking Violations Bureau.

(jj) Transferor is the Owner of an interest in a Taxicab Medallion being transferred.

(kk) Valid Claim Letter is a Claim Letter which is not a Prior Claim Letter, and which:

   (1) Is dated no more than one year prior to the date documentation is submitted to the Chairperson for a proposed transfer of a Taxicab Medallion,

   (2) Sets forth a minimum claim in an amount sufficient to be an “Excess Claim”,

   (3) Includes a copy of the police report regarding the incident in question, and

   (4) Includes a representation by the sender that the party against which the Excess Claim has been asserted has been provided with a copy of the Claim Letter.

(ll) Unspecified Driver is a term that is entered on a Rate Card indicating that the Taxicab can be driven by any Licensed Taxicab Driver whose name (or category) has been filed with the Commission by the Owner of that Taxicab.

  1. Wheelchair Passenger. A Wheelchair Passenger is a Passenger using a wheel- chair.

§ 58-04 Licensing – General Requirements.

(a) Identification. An individual or all Business Entity Persons of a Business Entity applying for a Taxicab License must provide to the Commission:

   (1) A Valid Government-issued photo ID and

   (2) A Valid Social Security Number.

  1. Age. An individual or all Business Entity Persons of a Business Entity applying for a Taxicab License or its renewal must be at least 18 years of age.
  2. Good Moral Character.

   (1) An individual or all Business Entity Persons of a Business Entity applying for a Taxicab License must be fingerprinted and must be of good moral character. Fingerprinting for the purpose of investigating good moral character is also required of the following, unless waived by the Chairperson in his or her discretion:

      (i) Any new Business Entity Persons added by a Licensee

      (ii) Any individual or Business Entity Persons of a Business Entity that provides funds for any Owner, unless the provider is a licensed bank or loan company

   (2) Applicant’s criminal history will be considered in a manner consistent with the Corrections Law of the State of New York.

  1. Fit to Hold a License. An individual or Business Entity must demonstrate to the satisfaction of the Commission that the Applicant is Fit to Hold the License of an Owner of a Taxicab License.
  2. Drivers Designated as Agents to Accept Service.

   (1) An Owner must designate each and every Driver who operates one of Owner’s Taxicabs as an agent to accept service of Commission notices to correct defects in the Taxicab.

   (2) Delivery of a notice of defect to a Driver will be adequate service of notice to the Owner.

  1. Financial Disclosure.

   (1) An Applicant for a Taxicab License where the Applicant already owns one or more Medallion Taxicabs must provide a financial disclosure statement to the Commission.

   (2) The disclosure statement must be completed on a form provided by the Commission and must include the disclosure of assets, liabilities, income and net worth of all Business Entity Persons of a Business Entity Applicant, as well as any other information required by the Commission.

   (3) The financial disclosure statement must be given under oath and must include all attachments and documentation required by the Commission.

  1. Liability Insurance. The Applicant must have liability insurance coverage by bond or policy as required by the State of New York and these Rules.
  2. Payment of Fines and Fees.

   (1) An Applicant, including an applicant for a renewal License, must pay, and provide proof of payment of, any outstanding fines or fees owed by the Applicant to

      (i) the Commission,

      (ii) NYC Department of Finance’s Parking Violations Bureau,

      (iii) NYC Department of Finance’s Red Light Camera Unit,

      (iv) NYS DMV’s Traffic Violations Bureau and

      (v) any of their successor agencies.

   (2) This requirement includes payment of fines and fees owed as of the date of the application by

      (i) any Business Entity Persons of the Applicant

      (ii) any Business Entity of which the Applicant is a Business Entity Person, and

      (iii) any Business Entity of which a Business Entity Person of Applicant is also a Business Entity Person.

   (3) An Applicant, including an Applicant for a renewal License, must pay any fines related to their failure to surrender a previously revoked License (of any type), unless the Applicant can demonstrate in person or in writing that the License has been surrendered.

  1. Current Address and E-mail Address. An Applicant must give the Commission the Applicant’s current Mailing Address and E-mail Address.

§ 58-05 Licensing – Special Requirements.

(a) Commission Approval. All Medallion transfers, including partial transfers, must be approved by the Commission. All Applicants to own a Medallion or an interest in a Medallion must be approved by the Commission.
  1. Concurrent Purchase and Licensing of Medallion. An application to own and operate a Medallion Taxicab must be filed by any individual or Business Entity acquiring a Medallion, including an interest in a Medallion, either:

   (1) As part of the public sale or auction process, if the Applicant is purchasing a Medallion from the Commission

   (2) Jointly, with the current Owner (the “transferor”) of the Medallion, if the Applicant is purchasing a Medallion from a private Owner,

   (3) As a transfer of an interest in an Owner,

   (4) By becoming a new Business Entity Person in an Owner, or

   (5) By succeeding to the interest of any Owner or Business Entity Person of any Owner.

  1. Vehicle Ownership Requirements. An Applicant must demonstrate to the satisfaction of the Commission that the Applicant:

   (1) Owns a vehicle that meets all of the requirements set forth in 35 RCNY Chapter 67 (Taxicab Hack-Up) of these Rules, as well as the requirements of all other governmental agencies having concurrent jurisdiction.

   (2) Possesses the certificate of title and the certificate of registration, both of which must be in the name of the Applicant unless title is retained by a lessor or conditional vendor; and

   (3) Has provided the Commission with all information required concerning the financing of the purchase price of the Medallion and/or Taxicab.

  1. Licensing – Special Requirements for Business Entities.

   (1) Partnerships. If the Applicant is a partnership, it must file with its application a certified copy of the partnership certificate from the clerk of the county where the partnership’s principal place of business is located.

   (2) Corporations.

      (i) If the Applicant is a corporation it must file the following with its Taxicab License application:

         A. A certified copy of its certificate of incorporation

         B. A list of officers and shareholders

         C. A certified copy of the minutes of the meeting at which the current officers were elected

      (ii) No corporate or trade name will be accepted by the Commission that is similar to a name already in use by another Owner.

      (iii) All officers and shareholders of the corporate Taxicab License Applicant must disclose each and every Medallion in which he or she has any interest whatsoever, including but not limited to, any interest as individual Owner or as a Business Entity Person in a Business Entity that owns other Medallion(s); this disclosure must be made:

         A. Upon original application for the Taxicab License,

         B. Upon application for renewal of a Taxicab License, and

         C. Upon application for transfer of a Taxicab License.

      (iv) All corporate officers and shareholders are subject to the same standards and criteria as individual Owners.

      (v) The Commission will only recognize corporate officers that have been approved by the Commission.

      (vi) It is a violation of these Rules for a corporate Owner to appoint a new officer without the approval of the Commission.

      (vii) Temporary approval contingent on final approval can be permitted in cases where an officer has resigned or died and another individual must be able to continue the regular daily operation of the Owner corporation.

      (viii) The standards and criteria for Ownership are equally applicable when the shares of a corporate Owner are held by another Business Entity.

   (3) Closed Corporations.

      (i) A stockholder in a closed corporation that owns a Medallion will be personally accountable for complying with these Rules and any other laws that relate directly and uniquely to Medallion Ownership.

      (ii) If a closed corporation wants to transfer stock or Medallion(s) to another closed corporation that is already an approved Medallion owner, the stockholders of the transferee corporation must sign an assumption and indemnification agreement in which they agree to assume all of the duties and responsibilities set forth in these Rules and to indemnify the Commission for all unpaid fines or fees regarding the Medallion(s) owned by the transferor corporation.

   (4) Limited Liability Companies (LLCs).

      (i) If the Applicant is a limited liability company it must file the following with its Taxicab License application:

         A. A copy of its articles of organization

         B. A copy of its operating agreement

         C. A list of the members, with the percentages of the Applicant owned by each.

      (ii) No LLC or trade name will be accepted by the Commission that is similar to a name already in use by another Owner.

      (iii) All members of the LLC Taxicab License Applicant must disclose each and every Medallion in which he or she has any interest whatsoever, including, but not limited to, any interest as an individual Owner or any interest as a Business Entity Person in a Business Entity that owns other Medallion(s); this disclosure must be made:

         A. Upon the original application for the Taxicab License,

         B. Upon application for renewal of a Taxicab License, and

         C. Upon application for transfer of a Taxicab License.

      (iv) All members of the Owner are subject to the same standards and criteria as individual Owners.

      (v) The Commission will only recognize members that have been approved by the Commission.

      (vi) It is a violation of these Rules for an Owner that is an LLC to add a new member without the approval of the Commission.

      (vii) The standards and criteria for Ownership are equally applicable when membership interests in a LLC Owner are held by another Business Entity.

§ 58-06 Licensing – Term of License.

(a) New License.

   (1) Length of Term. The term of a new Taxicab License is a maximum of two years.

   (2) Expiration Date. The first term of Taxicab License expires on May 31st of the year set by the Commission.

  1. Renewal License.

   (1) Length of Term. Each renewal term is two years and expires on May 31st of the second year of the term.

   (2) Extension. The Chairperson can extend the effectiveness of a Taxicab License until the completion of the next scheduled inspection of the Taxicab, or as the Chairperson believes is appropriate.

  1. Filing for Renewal.

   (1) A renewing Applicant must file a completed application by no later than April 30th of each year in which a License is scheduled to expire.

   (2) Application Submission Date.

      (i) Applications filed online: The date of submission is the date an application is filed online.

      (ii) Applications filed in person: The date of submission is the date an application is filed in person.

   (3) A License for which a renewal application has not been filed by April 30 is not Valid and cannot be used until the renewal is approved. This is in addition to any penalties specified for a violation of this Rule.

   (4) It is the Owner’s responsibility to obtain a renewal application in order to comply with the filing deadline.

~

  1. Suspended Licenses.

   (1) If a License is suspended, the Licensee must apply for renewal as required in (c) above if the Licensee wants to renew the License. Failure to complete the renewal requirements means that the License will be subject to the penalties provided for in (c).

   (2) A License that is suspended is not Valid and cannot be used until the suspension ends. This is true even if the Applicant has filed an application for a renewal.

  1. Advertising Permits. A permit to display exterior advertising runs for one year or less and each permit will expire on the 31st day of August.

§ 58-07 Licensing – Fees.

(a) Annual Fee. The fee for each Taxicab License is $550 annually; the fee will be pro-rated if the License will be owned for less than one year by the next May 31st.
  1. Medallion Plate Replacement Fee.

   (1) The fee for a new Medallion “tin” will be $10. This fee will be charged when the Commission issues a new “tin”, including when it issues a new model of “tin”.

   (2) If a “tin” is lost, stolen or damaged, the replacement fee is $25.

  1. License Plate Replacement Fee. The Commission’s fee for replacement of license plates issued by the New York State Department of Motor Vehicles will be $25 per vehicle.
  2. Inspection Fee. The Commission’s fee for a required Taxicab Safety and Emissions inspection is $90; this fee includes the certificate of inspection issued when the Taxicab passes the inspection. Inspection fees must be prepaid with each application and renewal application.
  3. Reinspection Fee. There is a reinspection fee only if reinspection is required because the Taxicab failed the component of the inspection required by Section 301 of the New York State Vehicle and Traffic Law. In that case, the reinspection fee is thirty five dollars ($35). If reinspection is required because the Taxicab failed any other component of the inspection, there is no reinspection fee.
  4. Stand-By Vehicle Fee. The fee for each Stand-By Vehicle is $550 annually. Inspection fees are also charged for Stand-By Vehicles.
  5. Advertising Permit Fee. The fee for a permit to display exterior advertising is $50 annually. If a permit is surrendered in less than 6 months, one half of the fee will be refunded.
  6. Vehicle Transfer Fees.

   (1) An Owner can transfer a Medallion from one vehicle to another after approval by the Chairperson and payment of a $50 fee.

   (2) An Owner can replace the license plates on a Taxicab after approval by the Chairperson and payment of a $25 fee.

   (3) An Owner can transfer the license plates from one vehicle to another after approval by the Chairperson and payment of a $25 fee.

   (4) An Owner must pay a separate fee for each separate transfer. This is true even if the Owner wants to do several types of vehicle transfer all at one time.

  1. No Refund if Application Denied. The Commission will not refund fees if it denies or disapproves the application.
  1. Taxi Accessibility Fee. An Owner must pay the Taxi Accessibility Fee for each Medallion owned. The Taxi Accessibility Fee must be paid when charged by the Commission.

§ 58-08 Licensing – Causes for Denial.

(a) Failure to Meet Requirements. The Commission can deny an application for a License or its renewal of any Applicant who fails to meet the requirements. The Commission will inform the Applicant, in writing, of the specific reason(s) for this denial.
  1. Material Misrepresentation or Falsification. The Commission will deny an application for a License or its renewal, or can impose other sanctions, if any of the following occurs:

   (1) The Applicant makes a material misrepresentation in the application

   (2) The Applicant fails to inform the Commission of a material change in the information contained in the application

   (3) The Applicant attempts to conceal the identity of a party having an interest in the ownership of a Taxicab.

  1. No Longer Meets Requirements. The Commission can deny an application for a License or its renewal and can revoke or suspend any License if the Commission becomes aware of information that the Owner no longer meets the requirements for an Owner’s License.
  2. Violation of the Rules. The Commission can deny an application for a License if, within the past two years, the Applicant (or any Business Entity Person of a Business Entity Applicant) has engaged in any of the following:

   (1) Assault of a passenger, official or member of the public in any way relating to a Taxicab

   (2) Any instance of bribery or unlawful gratuity toward a city employee

   (3) Providing the Commission with false information

   (4) Two or more unlawful passenger service refusals

   (5) Two or more incidents of overcharging, as a Driver

   (6) Three failures to respond to an official communication

   (7) Three or more vehicle safety violations for a particular Taxicab

   (8) Whether as an individual has or as a Business Entity Person of a Business Entity that has:

      (i) Ten or more outstanding unexcused failures to appear at scheduled TLC hearings, or

      (ii) Ten or more unsatisfied Commission fines or fines that remained unsatisfied until renewal.

  1. The Applicant’s criminal history will be reviewed in a manner consistent with the NYS Corrections Law.
  2. Chronic Disregard of Public Welfare. An Applicant will not be approved to own another Medallion or to be a stockholder or an officer in another corporate Medallion Owner if he or she has evidenced a chronic disregard for the rules and regulations that impact the welfare, safety or security of the riding public.
  3. Failure to Complete Application Requirements.

   (1) The Chairperson will deny an application for a new License if the Applicant has not completed all the requirements of an application within 180 days of the date the application is filed.

   (2) The Chairperson will not deny an application under this Rule if completion is delayed because the Chairperson has not issued a final decision and the Applicant has complied with any requests made by the Chairperson.

  1. Additional Consideration of an Application. If a review of the application leads the Chairperson to believe that the Applicant may not be Fit to Hold a License, the Chairperson may seek additional information from the Applicant. This request for additional information may be an in-person interview, telephone call, letter, e-mail, or other method of communication. This additional consideration may result in the denial of the application. Failure to provide any requested information within the time frame requested, or failure to appear at a scheduled interview will result in a denial of the application.
  2. Commercial Motor Vehicle Tax.

   (1) The Commission will deny an application, including a renewal application, if the following Commercial Motor Vehicle Tax amounts are not paid for any Vehicle subject to the application:

      (i) The Commercial Motor Vehicle Tax amount required under subdivision (k) of 35 RCNY § 58-04, including the interim payment, if any, or

      (ii) Any additional Commercial Motor Vehicle Tax amount for any tax year or period which the New York City Department of Finance has notified the Commission is due and unpaid.

   (2) Payment of the Commercial Motor Vehicle Tax amount described in paragraph (1) of this subdivision is a condition to issuance of a License, including a renewal License, and the maintaining of such License.

   (3) An Applicant applying to renew a vehicle for which the Commercial Motor Vehicle Tax has not been paid at the time that the renewal application is submitted is deemed not to have submitted the application by the required deadline and may be subject to penalties under subdivision (c) of 35 RCNY § 58-06.

§ 58-09 Licensing – Procedures for Approval/Denial. [Reserved]

(a) Do Not Alter Rate Card. An Owner must not change, mark, cross out or make any unauthorized entries on a Taxicab's Rate Card, or display a Rate Card that contains wrong information.

~

  1. Replace Damaged Medallion or Rate Card. An Owner must immediately surrender an unreadable Rate Card or a damaged Medallion to the Commission for replacement.

~

  1. Replace Damaged Medallion or Rate Card. An Owner must immediately surrender an unreadable Rate Card or a damaged Medallion to the Commission for replacement.

   (1) An Owner must notify the Commission and the Police Department of the theft, loss or destruction of any Medallion or Rate Card within 48 hours (not including weekends and holidays) of the loss.

   (2) The Owner must also provide any affidavit or information the Commission requires, including the police receipt number.

   (3) A substitute Medallion and Rate Card will be issued by the Commission.

~

  1. Report Finding Lost Medallion or Rate Card.

   (1) An Owner must notify the Commission and the Police Department within 24 hours (not including weekends and holidays) after locating any Medallion or Rate Card that was reported as stolen or lost.

   (2) The Owner must also provide any affidavit or information the Commission requires.

~

  1. Surrender Medallion and Rate Card. An Owner must surrender Owner’s Medallion and Rate Card to the Commission:

   (1) Within 48 hours of notice that Owner’s Taxicab License has been suspended or revoked

   (2) Prior to the sale of Owner’s Taxicab

   (3) Prior to removal of Owner’s Taxicab from service for a period of 30 or more consecutive days

~

  1. Report Replaced New York License Plates. An Owner must report to the Commission the replacement of any lost or stolen New York State license plates within 48 hours (not including weekends and holidays) after getting the new plates.

~

§ 58-12 Compliance with Law – No Unlicensed Activity.

(a) No Unlicensed Taxicabs.

   (1) An Owner must ensure that all of Owner’s Taxicabs in operation for hire are Validly licensed by the Commission and have a Valid Medallion attached to the vehicle.

   (2) The Commission will post on its website a list of Validly licensed Taxicabs and Medallions.

~

  1. No Advertising as “Taxi” if Unlicensed. An Owner who does not have a Valid License must not hold himself or herself out to the public as a “taxi,” “Taxicab” or “hack” service.

~

  1. No Unregistered Vehicles.

   (1) An Owner must ensure that all of Owner’s Taxicabs are operated only while the registration of the vehicle remains Valid.

   (2) Operating a vehicle without a Valid registration will be considered the same as operating without a Valid TLC Driver License. The License of an Owner who operates a vehicle without valid registration will be summarily suspended.

~

  1. No Unlicensed Drivers.

   (1) No Taxicab can be operated for hire unless the driver has in his or her possession a Valid TLC Driver License.

~

   (2) Exceptions. An Owner can permit a person who does not possess a TLC Driver License to drive the vehicle only when all of the following limited circumstances are met:

      (i) The vehicle is being driven to or from the Commission’s centralized Taxicab inspection facility or a repair facility;

      (ii) The driver has entered the appropriate off duty code in the Technology System;

      (iii) A current Trip Record (written or electronically printed out) is in the Taxicab, indicating the vehicle is “Off-Duty” and why;

      (iv) The rear doors are locked; and

      (v) The person driving the vehicle is licensed to drive a motor vehicle.

~

   (3) The Commission will post on its website a list of Drivers holding Valid TLC Driver Licenses.

§ 58-13 Compliance with Laws – Insurance Coverage.

(a) Maintain Insurance Coverage.

   (1) Taxicab Owners must ensure that all of their Taxicabs are covered by liability insurance in the form of a bond or an insurance policy that fully complies with the New York State Vehicle and Traffic Law and the New York State Insurance Law.

   (2) Owners must maintain all other forms of insurance required by law.

~

  1. Submit Proof of Insurance. Every year in which an Owner files an application to renew the License of one or more Taxicabs, Owner must, at that time, provide the Commission with the name and address of the Owner’s insurance carrier and the policy numbers for each of Owner’s Taxicabs, along with proof of coverage.

~

  1. Notification of Changes in Insurance Coverage. An Owner must notify the Commission in writing within 72 hours of any of the following:

   (1) Receipt of notice that Owner’s required liability insurance has been cancelled;

   (2) A change of insurance carrier;

   (3) A change in the policy number of Owner’s liability insurance.

~

  1. Coverage Requirements.

   (1) All Taxicab Owners must, for each of Owner’s Taxicabs, maintain liability coverage through an insurance policy or a bond in amounts not less than the following:

      (i) $200,000 per person, payable for those expenses specified in paragraphs 1, 2 and 3 of subdivision “a” of § 5102 of the New York State Insurance Law

      (ii) $100,000 minimum liability and not less than $300,000 maximum liability for bodily injury or death, as these terms are described and defined in § 370(1) of the Vehicle and Traffic Law.

~

   (2) A Taxicab Fleet or Minifleet as well as an Independent Owner operating more than one shift daily must maintain double shift insurance coverage.

~

  1. Report of Collisions.

   (1) Report to Insurance Carrier. Any Collision involving one (or more) of Owner’s Taxicabs that is required to be reported to the insurance carrier must be immediately reported to the carrier by the Owner, in writing.

~

   (2) Report to Commission.

      (i) An Owner must immediately report to the Commission in writing all Collisions that are required to be reported to the Department of Motor Vehicles (as required by § 605 of the Vehicle and Traffic Law) that involve any of Owner’s Taxicabs.

      (ii) An Owner must also provide to the Commission a copy of any legally required report filed with the NYS Department of Motor Vehicles, within 10 days of the date the report is due to be filed with the Department of Motor Vehicles.

~

  1. Surrender Rate Card and Medallion upon Termination of Insurance. An Owner must either:

   (1) Surrender the Taxicab’s Rate Card and Medallion to the Commission on or before the termination date of the vehicle’s insurance, or

   (2) Submit proof of new insurance effective on the date of termination of the old policy.

~

§ 58-14 Compliance with Laws – Workers’ Compensation.

(a) Compliance with Law. An Owner must comply with all provisions of the New York State Workers' Compensation Law and regulations with respect to coverage and benefits to eligible persons.

~

  1. File Certificate of Coverage with the Commission. An Owner must maintain on file with the Commission a current Certificate of Workers’ Compensation Coverage, or a Valid exemption.

~

  1. Designate the Commission to Receive Notices. An Owner must designate the Commission as a certificate holder to receive all notices concerning the Workers’ Compensation policy.

~

  1. Provide Driver with Proof of Benefits Ending. When a Driver who is receiving Workers Compensation benefits has recovered and is ready to return to work, an Owner must:

   (1) File a notice with the Workers’ Compensation Board to end the disbursement of benefits due to the worker’s recovery; and

   (2) Provide the Driver with documentation that benefits have ceased in order for the Commission to return the Driver’s License.

~

§ 58-15 Compliance with Law – Personal Conduct.

(a) Bribery.

   (1) Actual Bribery Attempt. An Owner must not bribe or attempt to bribe or offer any gratuity whatsoever to any employee, representative or member of the Commission in return for favorable or preferential treatment.

~

   (2) Appearance of Bribery. An Owner must not offer or give any gift or gratuity or any other thing of value to any employee, representative or member of the Commission, or any public servant or dispatcher employed at a public transportation facility.

~

   (3) Failure to Report Bribery. An Owner must immediately report to the Commission and the NYC Department of Investigation any request or demand for a gift, gratuity or thing of value by any employee, representative or member of the Commission or any other public servant or dispatcher employed at a public transportation facility.

~

   (4) Failure to Remove Cash. When the Taxicab is in Owner’s possession, Owner must remove all currency from a Taxicab’s interior prior to its inspection by any Commission personnel.

~

  1. Fraud, Theft. While performing the duties and responsibilities of a Licensee, an Owner must not commit or attempt to commit, alone or in concert with another, any act of fraud, misrepresentation or theft.

~

  1. Willful Acts of Omission. While performing the duties and responsibilities of a Licensee, an Owner must not deliberately fail to perform, alone or with another, any act where this failure is against the best interests of the public, although not specifically mentioned in these Rules.

~

  1. Willful Acts of Commission. While performing the duties and responsibilities of a Licensee, an Owner must not deliberately perform or attempt to perform, alone or with another, any act that is against the best interests of the public, although not specifically mentioned in these Rules.

~

  1. Threats, Harassment, Abuse. While performing the duties and responsibilities of a Licensee, an Owner must not threaten, harass or abuse any person.

~

  1. Use or Threat of Physical Force. While performing the duties and responsibilities of a Licensee, an Owner must not use any physical force against any person.

~

  1. Reporting of Criminal Conviction.

   (1) A Licensee must immediately notify the Commission of any criminal conviction of the Taxicab Owner, individually or, if the Licensee is a Business Entity, of any Business Entity Person.

   (2) The notice must be in writing and must be accompanied by a certified copy of the certificate of disposition issued by the clerk of the court explaining what happened as a result of the conviction.

~

  1. Cooperate with Law Enforcement. A Licensee must cooperate with all law enforcement officers, authorized representatives of the Commission and the NYC Department of Investigation. Cooperation includes, but is not limited to, responding to a request for Licensee’s name, Licensee’s Medallion numbers, Rate Cards, Trip Records, and any other documents required to be maintained by the Taxicab Owner.

~

  1. Cooperate with the Commission.

   (1) An Owner must promptly answer all questions and comply with all communications, directives and summonses from the Commission or its representatives and the NYC Department of Investigation or its representatives.

~

   (2) An Owner must respond to any contact from the Commission within 48 hours, seven days a week.

~

  1. Facilitation of Sex Trafficking with a Vehicle. An Owner must not Facilitate Sex Trafficking with a Vehicle.

~

§ 58-16 Compliance with Law – Miscellaneous.

(a) Compliance with Commission Rules and Regulations, Generally and Specifically.

   (1) An Owner must comply with the Commission’s Taxicab specifications, the Marking Specifications for Taxicabs, all pertinent provisions of the Administrative Code and other laws, rules or regulations governing Taxicab Owners.

~

   (2) Commercial Advertising and Commercial Sponsorships on the Back of Taximeter Receipts.

      (i) Commercial advertising and commercial sponsorships may be printed on the back of receipts produced by a taximeter.

      (ii) Any such advertising and sponsorships appearing on a receipt must comply with the commercial advertising and commercial sponsorship standards that apply to Passenger-facing content as set forth in 35 RCNY § 66-24(g)(3).

      (iii) Any such advertising and sponsorships appearing on a receipt must not interfere with the readability of the fare information on the face of the receipt.

~

  1. Compliance with Accessible Taxicab Medallion Rules.

   (1) An Owner of an Accessible Taxicab Medallion must comply with 35 RCNY Chapter 53. An Owner of a Taxicab hacked up as an Accessible Taxicab (even if the Medallion is not an Accessible Taxicab Medallion) must also comply with 35 RCNY Chapter 53.

~

   (2) An Owner of an Accessible Taxicab (whether or not the Owner’s Medallion is an Accessible Taxicab Medallion) must ensure that Drivers of an Owner’s Accessible Taxicab comply with 35 RCNY Chapter 53 and

      (i) Maintain contact with the Accessible Taxi Dispatcher and

      (ii) Accept dispatches from the Accessible Taxi Dispatcher to provide trips to Passengers in Wheelchairs.

~

  1. No False Statements.

   (1) An Owner must not file with the Commission any statement required under the Special Requirements for Business Entities provision (35 RCNY § 58-05(e)) that the Owner knows or should know to be false, misleading, deceptive or materially incomplete.

   (2) An Owner must not file with the Commission any statement required under the Financial Disclosure provision (35 RCNY § 58-04(f)) that the Owner knows or should know to be false, misleading, deceptive or materially incomplete.

~

  1. No Unlawful Purpose.

   (1) An Owner must not use or permit any other person to use Owner’s Taxicab, garage or office of record for any unlawful purpose.

~

   (2) An Owner must not conceal any evidence of a crime connected with Owner’s Taxicab, garage or office of record.

~

   (3) An Owner must report immediately to the police any attempt to use Owner’s Taxicab to commit a crime or to escape from the scene of a crime.

~

  1. No False Credentials.

   (1) An Owner must not attempt to avoid inspection of a Licensed vehicle by using false credentials to disguise one vehicle as another or by any other means contrary to law or regulation of the Commission.

~

   (2) An Owner must not operate or present for inspection a vehicle in which the Vehicle Identification Number has been loosened and reattached, or switched from another vehicle or otherwise altered in a manner not in compliance with Article 17 of the New York State Vehicle and Traffic Law.

~

   (3) An Owner must not present documents to the Commission that falsely indicate compliance with liability insurance and/or Workers’ Compensation insurance requirements.

~

  1. Taxi Accessibility Fee.

   (1) An Owner must pay the Taxi Accessibility Fee for each of the Owner’s Medallions as required by the Commission.

   (2) The Owner must pay the Taxi Accessibility Fee when required to do so by the Commission. If the Taxi Accessibility Fee is not paid by the time required by the Commission, the Owner will be liable for penalties for non-payment.

~

  1. Taxicab Improvement Fund.

   (1) An Owner of a Medallion, or his or her Agent, must pay the entire Taxicab Improvement Surcharge remitted by the Taxicab Driver to the Taxicab Improvement Fund.

   (2) The Owner of any Medallion, or his or her Agent, must pay the Taxicab Improvement Surcharge to the Taxicab Improvement Fund at the time and in the manner required by the Commission.

   (3) If an Owner, or his or her Agent, does not pay the Taxicab Improvement Surcharge to the Taxicab Improvement Fund at the time required, non-payment will be grounds for suspension of the Taxicab License, and/or denial of any renewal application or of any application for another TLC-issued license, as well as monetary penalties.

~

§ 58-17 Operations – Business Premises.

(a) Maintenance of Physical Location. The following entities must maintain a business premise in a location zoned for the operation of a business:

   (1) Any Agent;

   (2) Any Owner who leases or otherwise Dispatches one or more Taxicabs for return at the end of a shift;

   (3) Any Owner or Business Entity that has a Substantial Interest in Taxicab Medallions.

  1. Requirements of Premises. The Business Premises must have the following:

   (1) Sufficient off-street space at or near the premises to store the lesser of:

      (i) Twenty-five (25) vehicles, or

      (ii) Fifty percent (50%) of the Taxicabs leased or otherwise Dispatched on a daily or a shift basis, plus five percent (5%) of the Taxicabs leased for longer than one day.

~

   (2) Sufficient office space to conduct business, where all records required by the Commission, including Trip Records and Driver records, can be kept.

~

   (3) “Driver’s Bill of Rights” sign must be posted in a form and format prescribed by the Commission.

      (i) The Commission will post the proper form and format on its Web site.

      (ii) The “Driver’s Bill of Rights” sign must be:

         •     conspicuously posted, such as next to a payment window or other place where drivers regularly conduct business within the Business Premises, and,

         •     free of other signage in the immediate area.

~

  1. Hours of Operation. Owner must keep regular business hours, including the hours of 9:00 a.m. through 5:00 p.m. for every weekday.

~

  1. Contact Information. Owner must maintain the current address and telephone number of the business premises with the Commission.

~

§ 58-18 Operations – Management Oversight.

(a) Direct Owner Operations. The Commission will hold the Owner of every Taxicab accountable for hands-on operation of the Taxicabs and expects the Owner to be personally responsible for:

   (1) Physically observing the Taxicabs

   (2) Overseeing compliance with Taxicab inspection requirements

   (3) Overseeing compliance with insurance and all other regulatory requirements

   (4) Communicating with Drivers (where the Owners vehicles are driven by Drivers other than him/herself).

  1. Indirect Owner Operations.

   (1) Notwithstanding the provisions in 35 RCNY § 58-18(a) above, an Owner can authorize employees or a Licensed Agent to perform any or all such functions.

   (2) The use of an employee or Agent will not relieve an Owner of any obligation under these rules.

   (3) An Owner remains fully accountable for all violations of Commission rules, committed by any employee or Agent in the operation of Owner’s Medallion(s).

  1. Owner’s Use of Agents.

   (1) Designation of Agent.

      (i) An Owner can designate an Agent to act on the Owner’s behalf to operate a Licensed Taxicab and perform all required functions.

      (ii) The Agent must be licensed by the Commission in under with Chapter 63 of these Rules.

      (iii) The designation will remain in effect until:

         A. The Owner revokes the designation and notifies the Commission, or

         B. The Commission suspends or revokes the Agent’s License and notifies the Owner.

~

   (2) File Designation with the Commission. Prior to the use of an Agent, an Owner must file a designation of the Agent with the Commission.

~

   (3) Owner Can Use Only One Agent. An Owner must not designate or use more than one Agent regardless of the number of Medallions in which Owner has an interest.

~

  1. Limitations on Owner’s Use of an Agent.

   (1) Agent’s Personal Oversight Required. An Owner can designate or use an Agent, only if the Agent operates the Taxicab(s) through:

      (i) Personal observation of the vehicle(s),

      (ii) Personal oversight of compliance with inspection, insurance and all other regulatory requirements, and

      (iii) Personal communications with Drivers.

~

   (2) Agent Must Not Assign Responsibilities. An Owner can allow an Agent to use employees to assist in fulfilling these functions, however the Owner must NOT permit the Agent to delegate or assign its responsibilities to another party; Owner’s designation of an Agent will be ineffective if the Agent delegates to another party.

~

   (3) Must Maintain Business Premises. The Owner must ensure that the Agent maintains business premises meeting the requirements set forth in both 35 RCNY § 58-17 and 35 RCNY § 63-10.

~

   (4) Owner Must Not Use Unlicensed Agent.

      (i) An Owner must not designate or continue to use an Agent if the Commission has notified the Owner that the specified Agent’s License is suspended or revoked.

~

      (ii) The Commission will issue a directive to Owners to discontinue use of a specified Agent (a Stop-Use Directive) by mailing notification to the Owner’s personal address.

      (iii) The Commission will maintain a list of all Agents whose Licenses are currently suspended or revoked. This information is available for inspection by the public, and the Commission strongly suggests that Owners review these lists before selecting an Agent.

      (iv) If an Owner seeks to designate an Agent who is the subject of a current Stop-Use Directive, the Commission will reject the designation and inform the Owner that the Agent’s License is suspended or revoked.

   (5) Provisions of this Section Cannot be Waived by Contract.

      (i) No contract or other agreement between an Owner and an Agent will include a provision intended to supersede or impair the effectiveness, in whole or in part, of the provisions of this 35 RCNY § 58-18(d).

      (ii) No provision in a contract or other agreement between an Owner and an Agent that attempts to impair the effectiveness of this section will be enforceable.

§ 58-19 Operations – Service Requirements (Passengers). [Reserved]

(a) Maximum Driving Hours. An Owner must not require a Driver to operate one or more Taxicabs for more than 12 consecutive hours.

~

  1. Authorized Drivers.

   (1) Driver Authorization Statement.

      (i) An Owner must maintain on file with the Commission a current Medallion Long Term Driver Affidavit, indicating whether the Taxicab will be operated by Long Term Driver(s) or by “Unspecified Driver,” must include the additional information required below for either Unspecified Drivers or Long Term Drivers.

~

   (2) Long Term Driver Affidavit.

      (i) If an Owner elects to lease to Long Term Driver(s), the Owner must file a Medallion Long Term Driver Affidavit.

      (ii) The Owner must file the Medallion Long Term Driver Affidavit with the Commission in person or by power of attorney each time a new vehicle is presented for hack-up.

~

      If no driver is identified by the Commission as satisfying the Long Term Driver requirements as stipulated to in the Medallion Long Term Driver Affidavit, the Commission may reduce the retirement date of the vehicle attached to the medallion.

      (iii) If any lease (or its renewal) listed in the Medallion Long Term Driver Affidavit is terminated for any reason, the Owner must notify the Commission in writing within 48 hours of such termination, unless exempted by the Commission.

~

  1. Wheelchair Passenger Assistance Training.

   (1) The Accessible Taxicab Owner must ensure that each of Owner’s Accessible Taxicabs is driven only by a Driver who has completed the Wheelchair Passenger Assistance Training.

~

§ 58-21 Leasing a Taxicab or Medallion.

(a) An Owner can lease a Taxicab (or a Medallion-only) to a Licensed Driver, or to Licensed Drivers working different shifts or days if the Owner complies with the provision of this section.

   (1) Regardless of the terms of the lease, the Owner is responsible for complying with all laws, rules and regulations governing Owners.

   (2) An Owner must not authorize or allow a lessee of a Taxicab under 35 RCNY §§ 58-21(c)(1) or 58-21(c)(2) of these Rules to sublease the Taxicab to another party.

   (3) Written records required under this section must be provided to Driver and must be maintained in either a hard copy or electronic format.

~

  1. Service and Maintenance of Leased Taxicab Vehicles.

   (1) Service and maintenance of a leased Taxicab (including the vehicle) under 35 RCNY §§ 58-21(c)(1) and (c)(2) is the responsibility of the Owner/lessor, and the cost of the service and maintenance of the Vehicle cannot be charged to the Driver/lessee.

   (2) The lease of a Medallion-only under 35 RCNY § 58-21(c)(3) or a lease under 35 RCNY § 58-21(c)(4) does not include, and does not require, the Medallion Owner/lessor to provide service and maintenance of the vehicle.

   (3) A Medallion-only lessor under 35 RCNY § 58-21(c)(3) or a lessor under 35 RCNY § 58-21(c)(4) must not require the lessee to obtain service and maintenance from any particular provider, including, but not limited to, the Medallion Owner or any agent of the Medallion Owner. A Medallion lessor or Agent who provides services or accommodations outside the lease to a leasing driver must keep records of all transactions with that driver and such records must be available for inspection by the Chairperson.

~

  1. Rate Rules.

   (1) Standard Lease Cap Rates. An Owner of a Taxicab can charge a lease rate to a Driver that is not greater than the following Standard Lease Caps:

      (i) The Standard Lease Cap for a Medallion and vehicle for one shift will not exceed:

         A. $105, for all 12-hour day shifts

         B. $115, for the 12-hour night shift on Sunday, Monday and Tuesday

         C. $120, for the 12-hour night shift on Wednesday

         D. $129, for the 12-hour night shifts on Thursday, Friday and Saturday

         E. $630, for any one-week day shift for one week or longer

         F. $737 for any one week night shift for one week or longer.

      (ii) Except for a driver who meets all of the following:

         (A) the driver pays for the lease on a daily or shift basis and is not required to pay for more than one shift in advance;

         (B) the driver is required to return the vehicle to the owner or operator’s business premises or other mutually agreed upon location at the conclusion of each shift; and

         (C) the driver is not required to pay for any shift for which he provides the owner or operator with timely notice that he will not lease the vehicle, so the owner can lease the vehicle to another daily shift driver, no driver leasing a medallion and vehicle under this paragraph 58-21(c)(1) can be charged more than a total of

            A. $630, for six or more day shifts in any seven consecutive day period

            B. $737, for six or more evening shifts or combination of day and evening shifts in any seven consecutive day period.

            C. A Driver who meets all the requirements of (ii)(A)-(C) can be charged for seven shifts if the Driver leases seven shifts.

      (iii) The lease of a medallion and vehicle under this paragraph 35 RCNY § 58-21(c)(1) includes service and maintenance. Service and maintenance of the vehicle is the responsibility of the lessor and the lessor and his or her Agent must not charge the lessee for service and maintenance costs for the vehicle.

      (iv) The lessee of a medallion and vehicle under this paragraph 35 RCNY § 58-21(c)(1) is not responsible for payment of any Commercial Motor Vehicle Tax.

      (v) For a driver with a weekly lease under 35 RCNY § 58-21(c)(1)(i)(E), or 35 RCNY § 58-21(c)(1)(i)(F), if the vehicle is unavailable for use for any reason that is not the lessee’s responsibility during any part of any week, the payment of the Lease Cap must be pro-rated.

      (vi) For a driver with a weekly lease under 35 RCNY § 58-21(c)(1)(i)(E) or 35 RCNY § 58-21(c)(1)(i)(F), the lease includes costs for collision and other damage coverage, including repairs of physical damage to the vehicle, except that it shall not be considered an overcharge prohibited under these Rules if the Owner of a Taxicab or his or her Agent and the driver agree in writing that the driver will make payments for damage to the vehicle caused by the driver’s negligence and such agreement will remain in effect for only so long as the driver is leasing a medallion from the Owner or the Agent, provided that the lease contains language informing the driver that he or she will be responsible for physical damage to the vehicle caused by his or her negligence if such damage was in fact caused by the negligence of the driver. If the Owner receives compensation for damages to the vehicle incurred from an entity other than the driver, any amount previously paid by the driver as compensation for damages, must be refunded to the driver.

      (vii) For a Driver with a daily lease operating under 35 RCNY § 58-21(c)(1)(i)(A)-(D), the lessor may offer pro-rated leases for shifts of under 12 hours. The lessor must pro-rate the lease if the vehicle is unavailable for use for any reason that is not the lessee’s responsibility during any part of the 12 hour shift, including the return of the vehicle from the previous shift.

   (2) Cost Adjustments for the Lease of Hybrid Electric Taxicabs.

      (i) The Standard Lease Cap for Hybrid Electric Taxicabs and Diesel-Fueled Taxicabs that are hacked-up under 35 RCNY §§ 67-05 or 67-05.1C and that meet the requirements of Section 19-533 of the Administrative Code are raised by $3 per shift ($21 per week), so that the lease amount for one shift must not now exceed:

         A. $108, for all 12-hour day shifts

         B. $118, for the 12-hour night shift on Sunday, Monday and Tuesday

         C. $123, for the 12-hour night shift on Wednesday

         D. $132, for the 12-hour night shifts on Thursday, Friday and Saturday.

         E. $648, for any one-week day shift for one week or longer

         F. $755, for any one week night shift for one week or longer.

      (ii) Except for a driver who meets all of the following:

         (A) the driver pays for the lease on a daily or shift basis and is not required to pay for more than one shift in advance;

         (B) the driver is required to return the vehicle to the owner or operator’s business premises or other mutually agreed upon location at the conclusion of each shift; and

         (C) the driver is not required to pay for any shift for which he provides the owner or operator with timely notice that he will not lease the vehicle, so the owner can lease the vehicle to another daily shift driver, no driver leasing a medallion and vehicle under this paragraph 35 RCNY § 58-21(c)(2) can be charged more than a total of

            A. $648, for six or more day shifts in any seven consecutive day period

            B. $755, for six or more evening shifts or combination of day and evening shifts in any seven consecutive day period.

            C. A Driver who meets all the requirements of (ii)(A)-(C) can be charged for seven shifts if the Driver leases seven shifts.

      (iii) The lease of a medallion and vehicle under this paragraph 35 RCNY § 58-21(c)(2) includes service and maintenance. Service and maintenance of the vehicle is the responsibility of the lessor and the lessor and his or her Agent must not charge the lessee for service and maintenance costs for the vehicle.

      (iv) The lessee of a medallion and vehicle under this paragraph 35 RCNY § 58-21(c)(2) is not responsible for payment of any Commercial Motor Vehicle Tax.

      (v) For a driver with a weekly lease under 35 RCNY § 58-21(c)(2)(i)(E) or 35 RCNY § 58-21(c)(2)(i)(F), if the vehicle is unavailable for use for any reason that is not the lessee’s responsibility during any part of any week, the payment of the Lease Cap must be pro-rated.

      (vi) For a driver with a weekly lease under 35 RCNY § 58-21(c)(2)(i)(E) or 35 RCNY § 58-21(c)(2)(i)(F), the lease includes costs for collision and other damage coverage, including repairs of physical damage to the vehicle, except that it shall not be considered an overcharge prohibited under these Rules if the Owner of a Taxicab or his or her Agent and the driver agree in writing that the driver will make payments for damage to the vehicle caused by the driver’s negligence and such agreement will remain in effect for only so long as the driver is leasing a medallion from the Owner or the Agent, provided that the lease contains language informing the driver that he or she will be responsible for physical damage to the vehicle caused by his or her negligence if such damage was in fact caused by the negligence of the driver. If the Owner receives compensation for damages to the vehicle incurred from an entity other than the driver, any amount previously paid by the driver as compensation for damages, must be refunded to the driver.

      (vii) For a Driver with a daily lease operating under 35 RCNY § 58-21(c)(2)(i)(A)-(D), the lessor may offer pro-rated leases for shifts of under 12 hours. The lessor must pro-rate the lease if the vehicle is unavailable for use for any reason that is not the lessee’s responsibility during any part of the 12 hour shift, including the return of the vehicle from the previous shift.

   (3) The Standard Lease Cap:

      (i) For a Medallion-only Hybrid Taxicab, Hacked-up under 35 RCNY §§ 67-05 or 67-05.1C and that meet the requirements of Section 19-533 of the Administrative Code is $994 weekly.

      (ii) For all other Medallion-only Taxicabs, (including Accessible Taxicabs), is $952 weekly, except that if the Medallion Owner must place an Accessible Taxicab into service as required under subdivisions (a) through (c) or (e) of 35 RCNY § 58-50, or is currently receiving payments under 35 RCNY § 58-50(j)(2), the weekly lease for that Accessible Taxicab shall include a credit to the Driver of $77 per week for the four year period of time required in 35 RCNY § 58-50(f). This reduction is the result of the Medallion Owner’s receipt of payment under 35 RCNY § 58-50(j)(1)(ii) and (j)(2).

      (iii) A medallion lessor or Agent of a lessor must not require a medallion lessee to obtain service, repairs or maintenance of the vehicle from any particular provider, including, but not limited to, a lessor or an Agent of a lessor.

      (iv) A lease, and payment of the Lease Cap under this paragraph includes (and all of the following must be provided to the lessee):

         A. Use of the medallion;

         B. All applicable TLC fees except for TLC vehicle inspection fees (but the lessor is not required to provide vehicle registration or payment of the Commercial Motor Vehicle Tax);

         C. Insurance required by 35 RCNY § 58-13;

         D. Credit card fees or charges;

         E. Up to 3 drivers on a lease at the request of the drivers, which request cannot be unreasonably denied. A lessor must not accept any payment from a lessee for the purchase or lease of a vehicle. A Medallion lessor or Agent can agree with a driver to provide services or accommodations on an arms-length basis outside the lease. A Medallion lessor or Agent who provides services or accommodations outside the lease to a leasing driver must keep records of all transactions with that driver and such records must be available for inspection by the Chairperson. A Medallion lessor may not enter into a lease with any person or entity under this paragraph if such Medallion lessor holds more than 2% of shares in a publicly held corporation that sells, leases or finances vehicles and has accepted a payment from such person or entity related to the sale, lease or finance of the Vehicle of such person or entity.

      (v) The gasoline surcharge option provided in paragraph 35 RCNY § 58-21(c)(6) is not available to Owners/lessors leasing a Medallion-only under this 35 RCNY § 58-21(c)(3)

   (4) Standard Medallion Lease Cap including Long Term Vehicle Lease/Conditional Purchase.

      (i) A Lease is covered by this paragraph 35 RCNY § 58-21(c)(4) if it includes all of the following:

         A. The lease of a Medallion

         B. The conditional purchase agreement for a vehicle; and

         C. The vehicle is being conditionally sold to the driver/lessee by any of

            1. The Owner of the Medallion or any employee of the Owner, and/or

            2. The Owner’s Agent or any employee of the Agent, and/or

            3. Any Business Entity of which a Business Entity Person of the Owner or Agent, or an employee of Owner or Agent, is a Business Entity Person

            4. For purposes of this paragraph, an individual, business entity or business entity person covered by subitems one through three of this item C who is leasing a Medallion to a lessee and who holds more than 2% of the shares in a publicly held corporation that sells, leases or finances vehicles and has accepted a payment from such lessee related to the sale, lease or finance of such lessee’s vehicle is deemed to be a party to the vehicle financing arrangement. Accordingly, the total amount charged to the lessee for both the lease of the Medallion and for the sale, lease, or financing of the vehicle cannot exceed the amount of the Standard Lease Cap set forth in subparagraph (ii) of this paragraph.

      (ii) The Standard Lease Cap under this section for a Taxicab Medallion and vehicle is

         A. $994 weekly for the lease of the Medallion, if the vehicle complies with the requirements of 35 RCNY §§ 67-05 or 67-05.1C and meets the requirements of Section 19-533 of the Administrative Code, plus $275 weekly for the portion of the lease covering the conditional purchase of the vehicle; or

         B. $952 weekly for the lease of the Medallion, if the vehicle complies with the requirements of 35 RCNY §§ 67-05.1 or 67-05.2, plus $275 weekly for the portion of the lease covering the conditional purchase of the vehicle, except that if the Medallion Owner must place an Accessible Taxicab into service as required under subdivisions (a) through (c) or (e) of 35 RCNY § 58-50, or is currently receiving payments under 35 RCNY § 58-50(j)(2), the weekly lease for that Accessible Taxicab shall include a credit to the driver of $77 per week for the four year period of time required in 35 RCNY § 58-50(f). This reduction is the result of the Medallion Owner’s receipt of payment under 35 RCNY § 58-50(j)(1)(ii) and (j)(2).

         C. This Standard Lease Cap cannot be charged at any time after title to the vehicle passes (or could have passed) to the lessee such that total payments by the lessee for the vehicle shall not exceed $42,900.

      (iii) Title to the leased vehicle must pass to one or more of the lessees, if the lessees request, after all vehicle financing costs have been paid. The conditional seller is not required to transfer title if the lessees have failed to pay all payments due for the vehicle purchase and lease until all such payments have been made.

      (iv) The lease of a Medallion together with a vehicle under this paragraph 35 RCNY § 58-21(c)(4) includes within the payment to the lessor the amount due by the Vehicle owner for the Commercial Motor Vehicle Tax.

      (v) A lease, and payment of the Lease Cap under this section includes (and the following must be provided to the lessee, except that items G and H are optional):

         A. Use of the medallion;

         B. All applicable TLC and NYS DMV fees except for TLC vehicle inspection fees;

         C. Insurance required by 35 RCNY § 58-13;

         D. Credit card fees or charges;

         E. All Vehicle purchase and/or finance costs and vehicle sales tax and related costs;

         F. Up to 3 drivers on a lease at the request of the drivers, which request cannot be unreasonably denied.

         G. A Medallion lessor or Agent can offer coverage for collisions and physical damage to the vehicle to the lessee/purchasers in an amount not to exceed $50 per week, but cannot require that the lessee/purchasers purchase such coverage.

            i. The Medallion lessor or Agent can require that a deductible of up to $250 per incident be met before covering or reimbursing costs identified in item G.

            ii. For any incident for which a driver has paid a deductible amount authorized under this subsection, if the Medallion lessor or Agent of the taxicab which is the subject of the damages claim receives insurance claim proceeds, litigation proceeds or other proceeds to cover the cost of repair, the lessor must reimburse the driver for the amount previously remitted as a deductible.

         H. A Medallion lessor or Agent can agree with a driver to provide services or accommodations on an arm’s-length basis outside the lease. A Medallion lessor or Agent who provides services or accommodations outside the lease to a leasing driver must keep records of all transactions with that driver and such records must be available for inspection by the Chairperson or his or her designee.

         I. If the Driver does not opt to receive coverage for collisions and physical damage pursuant to G above, and a Medallion lessor or Agent receives compensation for damages to the vehicle incurred from an entity other than the Driver, any amount previously paid by the Driver as compensation for damages or paid by the Driver in order to repair damages to the vehicle must be refunded to the Driver.

      (vi) The gasoline surcharge option provided in 35 RCNY § 58-21(c)(6) is not available to Owners/lessors leasing a Taxicab and vehicle under this 35 RCNY § 58-21(c)(4).

      (vii) If the vehicle is unavailable for use for any reason that is not the lessee’s responsibility during any part of any week, the lessee’s payment of the Lease Cap must be pro-rated. As an example, a vehicle is not unavailable for purposes of this rule if the vehicle is undergoing required maintenance, undergoing repairs as a result of not being properly maintained, or required to appear for inspection at the TLC.

   (5) Limits on Additional Charges. In addition to a lease amount no greater than the Standard Lease Cap (as adjusted), an Owner/lessor (as well as any agent or employee of the Owner/lessor) must not request of or accept from any lessee any money or other thing of value, except for the following (this means an Owner/lessor must not charge any tip, tax, surcharge or other fee of any kind above the Standard Lease Cap (as adjusted):

      (i) A gas surcharge of $21 per shift (or $126 for drivers leasing under 35 RCNY § 58-21(c)(1)(i) E or F and 35 RCNY § 58-21(c)(2)(i) E or F (with such surcharge to be adjusted as provided below) provided that the Owner/lessor or his or her agent is providing gasoline to the lessee as provided in 35 RCNY § 58-21(c)(6);

      (ii) A security deposit and deductions from the security deposit no greater than the amount allowed under subdivision (e) below;

      (iii) The discount toll amount for use of the Owner’s EZ-Pass® as described in 35 RCNY § 58-27;

      (iv) Late Charges

         A. For any vehicle leased pursuant 35 RCNY § 58-21(c)(1) or 35 RCNY § 58-21(c)(2), a late charge not to exceed $25.00 per hour for the late return of a vehicle. The total late charge for the late return of a vehicle from any one shift may not exceed the cost of one shift.

         B. For any vehicle leased pursuant to 35 RCNY §58-21(c)(3) or 35 RCNY §58-21(c)(4) a late charge not to exceed $50.00 for each weekly lease payment paid late. A late charge can be imposed only if the weekly lease payment is not received within 24 hours of the date and time on which it is due.

      (v) A reasonable cancellation charge, subject to the provisions of subdivision (i)(5) below;

      (vi) Parking tickets and red light violations permitted to be deducted from the security deposit described in subdivision (e) below, provided that the Driver/lessee is allowed to challenge any ticket or violation; and

      (vii) If the Owner (or Owner’s Agent) is a Taxpayer, the Taxpayer can collect the MTA Tax collected by the lessee/Driver from the lessee/Driver. The MTA Tax must be collected in the following order:

         A. The MTA Tax must first be deducted from any credit card reimbursements due as required in subdivision (f) below.

         B. The MTA Tax must next be deducted from the security deposit permitted in subdivision (e) below.

         C. If not fully paid, then the MTA Tax must be collected from the lessee/Driver.

      (viii) In addition to these charges, an Owner can deduct from credit card receipts payable to the Driver amounts collected by the Technology System Provider, pursuant to the Technology System Provider’s authorization by the Commission, provided that

         A. such amounts are provided by rule of the Commission; and

         B. such amounts are timely remitted to the Owner’s Technology System Provider or other recipient as approved by the TLC.

~

      (ix) State and local sales and rental taxes on vehicle rentals.

      (x) If contained in the lease, a provision for the recovery of reasonable damages for a breach of the lease contract, including attorneys’ fees and costs. Fines paid to the Commission by an Owner or Agent cannot be recovered from a driver as reasonable damages, except for

         A. fines incurred as a result of a sublease prohibited by 35 RCNY § 58-21(a)(2), or,

         B. for drivers leasing under 35 RCNY §58-21(c)(3) or (c)(4), fines incurred as a result of unauthorized operation by a suspended or revoked driver, or

         C. fines imposed on the owner for violation of 35 RCNY § 58-29(b), provided that such fine was assessed because of the conduct of the driver and provided the owner is able to show that the driver had notice of the inspection date, or

         D. fines imposed on the owner for violation of 35 RCNY § 58-31(a).

      (xi) Credit Card Processing Surcharge for Leases entered into pursuant to 35 RCNY § 58-21(c)(1), 58-21(c)(2), 58-21(c)(3), or 58-21(c)(4):

         A. For daily leases under 35 RCNY § 58-21(c)(1) and 58-21(c)(2), an Owner of a Taxicab can charge a $7 surcharge per shift for credit card processing.

         B. For weekly leases under 35 RCNY § 58-21(c)(1), 58-21(c)(2), 58-21(c)(3), and 58-21(c)(4), an Owner of a Taxicab can charge a $49 surcharge per week for credit card processing.

      (xii) Beginning on January 1, 2015, the Taxicab Improvement Surcharge, which must be paid as provided in 35 RCNY § 58-16.

   (6) Optional Gasoline Surcharge: An Owner/lessor, or his or her Agent leasing a Taxicab under 35 RCNY § 58-21(c)(1) or 58-21(c)(2), may chose to provide gasoline to a lessee and charge a gas surcharge in an amount as specified in this section in addition to the Lease Cap provided in 35 RCNY § 58-21(c)(1) or 58-21(c)(2), provided that

      (i) Gasoline is provided to the lessee for the entire shift at no additional cost to the lessee.

      (ii) The surcharge will be $126 per week (or $21 per shift) until December 31, 2012

      (iii) After that date the surcharge will be reset based on the trailing 6 month average as of the date the surcharge is calculated of the New York City Gasoline Price Index issued by U.S. Energy Information Agency and published at www.eia.gov.

      (iv) The surcharge will be calculated as of June 30 and November 30 of each year beginning November 30, 2012.

      (v) The Commission will post the new surcharge on its Web site by July 15 and December 15 of each year

      (vi) The new surcharge will take effect on July 31 and December 31 of each year beginning December 31, 2012. If the Commission has not posted a new surcharge, the prior surcharge will remain in effect.

      (vii) Based on the index, the surcharge will be as follows:

~

$2.49 or less $13 per shift (or $78 per week)
$2.50 to $2.99 $16 per shift (or $96 per week)
$3.00 to $3.49 $18 per shift (or $108 per week)
$3.50 to $3.99 $21 per shift (or $126 per week)
$4.00 to $4.49 $23 per shift (or $138 per week)
$4.50 to $4.99 $26 per shift (or $156 per week)
$5.00 or more $28 per shift (or $168 per week)

~

      (viii) Nothing in paragraph 35 RCNY § 58-21(c)(6) prohibits an Owner/lessor, or his or her Agent leasing a Taxicab under 35 RCNY § 58-21(c)(1) or 58-21(c)(2) from selling gasoline to a lessee independent of any lease payments made under 35 RCNY § 58-21(c)(1) or 58-21(c)(2) as long as such transactions are recorded and available for inspection as required by 35 RCNY § 58-21(b)(3).

~

   (7) Collective Bargaining Exception to the Standard Lease Cap. The provisions of this section do not apply to Owners and lease Drivers whose business relationship is governed by the terms of a collective bargaining agreement that regulates the subject of lease prices.

  1. [Reserved.]
  2. Security Deposit on Taxicab Vehicles.

   (1) Security Deposit Provision Permitted. An Owner can include a lease provision for a security deposit from the Driver, provided it complies with the requirements of this subdivision (e).

   (2) Permitted Withholdings from Security Deposit. At the termination or expiration of a lease an Owner may be reimbursed from the security deposit only for the following:

      (i) Any unpaid but owing lease charges.

      (ii) Damage to the vehicle, if the lease clearly and prominently states that the Driver is responsible for damage.

      (iii) Any parking tickets issued during the lease.

      (iv) Any red light violations issued to the Owner during the lease, under the NYC Department of Transportation’s camera surveillance system.

      (v) If the Owner (or Owner’s Agent) is a Taxpayer, any MTA Tax remaining due from the Driver after deductions from credit card receipts due to the Driver.

   (3) Deposit Not to be Used for Owner Violations. An Owner must not require a Driver to pay any summons that is written to the Owner as Respondent, other than those specified above.

~

   (4) Limits on Amount of Deposit. An Owner must not require a Driver to post any security deposit that is greater in amount than the rate for one lease term. However, if the lease term is for more than one week, an Owner must not require a Driver to pay a security deposit in an amount greater than the lease rate for one week. Examples include:

      (i) An Owner who leases a Taxicab for one shift at the rate of $80 per shift can require up to an $80 security deposit.

      (ii) An Owner who leases a Taxicab or Medallion for one week at the rate of $500 a week can require up to a $500 security deposit.

      (iii) An Owner who leases a Taxicab for six months at the rate of $2,000 a month can require up to a $500 security deposit.

      (iv) Special Rule for Long Term leases under 35 RCNY § 58-21(c)(4).

         A. A Lease under 35 RCNY § 58-21(c)(4) can include a refundable deposit of up to $5,000, which may be collected at the beginning of the lease or in scheduled payments over time as specified in the lease. An Owner or an Owner’s Agent must not accept any deposit in excess of this amount.

         B. The weekly lease payment specified in 35 RCNY § 58-21(c)(4) must be credited by an amount equal to the prorated value of the refundable deposit, except that until the lease ends, a deposit equal to the deposit that could be required for a lease of a Medallion under 35 RCNY § 58-21(c)(3)(i) or (ii), as applicable, can be retained by the Owner/lessor or his or her Agent.

         C. If the deposit is not fully credited against the lease because of a cancellation, any remaining, uncredited deposit shall be refunded to the lessee/driver within 30 days of termination or cancellation of the lease by the lessor or an Agent of lessor. Note: this does not apply when the driver breaks or terminates the lease prior to the term. The deposit shall be held, and interest shall accrue, in the manner prescribed by 35 RCNY § 58-21(e)(7).

~

   (5) Provide Driver Written Receipt and Accounting for Security Deposit.

      (i) An Owner must provide written receipts for any security deposits made by a Driver.

      (ii) An Owner must provide a Driver with a written itemization of any items withheld or deducted from a security deposit.

~

   (6) Return Deposit within 30 Days of Lease Termination.

      (i) An Owner must return a security deposit no later than 30 days after the end of the lease term.

      (ii) An Owner must return a security deposit either by check or by cash exchanged for a written receipt from the Driver.

~

   (7) Interest on Security Deposit.

      (i) An Owner who requires a security deposit must secure the funds in an interest-bearing account in a bank or credit union within the City of New York, in an account devoted to security deposits and not commingled with funds of the Owner.

      (ii) The Owner must indicate in writing provided to the Driver the name and address of the bank or credit union and the applicable account number.

      (iii) Interest on the security deposit must accrue to the benefit of the Driver furnishing the security, except, however, that the Owner can retain one percentage point of any interest, as compensation for bookkeeping expenses.

~

   (8) Collective Bargaining Agreement Exception to Limitations on Security Deposits. The provisions of this section do not apply to Owners and lease Drivers whose business relationship is governed by the terms of a collective bargaining agreement that regulates the subject of security deposits.

  1. Non-Cash Payments.

   (1) For any lease of a Taxicab (vehicle and Medallion) under 35 RCNY § 58-21(c)(1) or 58-21(c)(2), an Owner (or Owner’s Agent) must pay a Driver, on a daily basis, the total amount of all non-cash payments, including E-Payments through the Technology System (if any), made during the Driver’s shift, less the Taxicab Improvement Surcharge payable to the Taxicab Improvement Fund as set forth in 35 RCNY § 58-16. Drivers leasing a Taxicab on a weekly basis under 35 RCNY § 58-21(c)(1)(i)E, 58-21(c)(1)(i)F, 58-21(c)(2)(i)E or 58-21(c)(2)(i)F may, at the Driver’s discretion, be paid on a weekly basis. Payments to a Driver and access to these funds must be provided at no cost to the Driver.

   (2) For any lease not described in paragraph (1), an Owner (or Owner’s Agent) must pay the Driver, on no less than a weekly basis, the total amount of all non-cash payments, including E-Payments through the Technology System (if any), made during that period, less the Taxicab Improvement Surcharge payable to the Taxicab Improvement Fund as set forth in 35 RCNY § 58-16. Payments to a Driver and access to these funds must be provided at no cost to the Driver.

~

   (3) An Owner (or Owner’s Agent) must not withhold from the payments any credit card pass-along, fees or charges.

~

   (4) If an Owner (or Owner’s Agent) is a Taxpayer, the Taxpayer can deduct from the credit card receipts payable to the Driver the amount due for the MTA Tax from the Driver’s trips.

   (5) An Owner can deduct from credit card receipts payable to the Driver amounts retained by or payable to the the Technology System Provider, provided that such amounts are provided for by rule of the Commission.

  1. Receipts to Drivers for All Payments.

   (1) An Owner (or Owner’s Agent) must give a Driver a written receipt for every payment or deduction made under the lease and these Rules.

   (2) The receipt must include the name of the Driver and the number of the Medallion subject to the lease.

   (3) The receipt must clearly state the following information with respect to the payment or deduction:

      (i) The date

      (ii) The name of the recipient

      (iii) The amount

      (iv) The purpose

      (v) The number of the section of this chapter that authorizes the payment or deduction

      (vi) For leases under 35 RCNY § 58-21(c)(4), the following additional information:

         A. The weekly amount received, itemized by the amount paid for the Taxicab Medallion portion of the lease and the amount paid for the conditional purchase of the vehicle;

         B. The cumulative amount paid towards the conditional purchase of the vehicle;

         C. The remaining amount to be paid for the conditional purchase of the vehicle; and

         D. The remaining number of weekly payments for the conditional purchase of the vehicle based on the current contract terms.

         E. For leases of Medallions for which the Medallion Owner must place an Accessible Taxicab into service as required under subdivisions (a) through (c) or (e) of 35 RCNY § 58-50 or is currently receiving payments under 35 RCNY § 58-50(j)(2), a credit to the Driver in the weekly payment in the amount of $77 as a result of the Medallion Owner’s receipt of payment under 35 RCNY § 58-50(j)(1)(ii).

~

  1. Lease Must Be in Writing.

   (1) Every Taxicab operating lease (including any amendments), must be in writing, and must be signed by the Owner (or a person authorized to act on behalf of the Owner), and by the leasing Driver or Drivers. Electronic signatures are permissible for electronic leases.

   (2) A copy of the fully executed lease must be provided to the leasing Driver or Drivers.

~

  1. Terms. Every lease must contain the following terms:

   (1) The type and term of the lease. The lease must state the beginning date and time of the lease and the ending date and time of the lease.

      (i) A weekly lease must run for seven consecutive calendar days.

      (ii) A shift must run for 12 consecutive hours.

   (2) Costs covered by the lease. The lease must state the total lease amount, and must itemize that total cost, including:

      (i) The amount of the lease that applies to the medallion and the amount, if any, that applies to the vehicle

      (ii) The amounts, if any, of the security deposit

      (iii) The gasoline surcharge if there is one

      (iv) For leases under 35 RCNY § 58-21(c)(4), the vehicle sales price and an itemized total of all other fees and costs to be paid before title to the vehicle will be passed to the Driver

      (v) Any other costs that the Driver will be charged.

   (3) Reference Authorizing Rule Sections.

      (i) For each itemized cost listed above (in subparagraph (2)), the lease must include a reference to the Commission Rule authorizing the Owner to charge the cost to the Driver.

      (ii) The lease must either recite the complete text of each Rule or state the address of the Commission’s Web page on which the Rule is published.

   (4) Overcharges. Every lease must contain clearly legible notice that overcharging a lessee/Driver is prohibited by the Commission’s Rules, and that complaints of overcharges may be made in writing to the Commission or by telephone call to 311.

   (5) Charges Upon Cancellation.

      (i) If an Agent demands the return of a Medallion upon the request of an Owner, the Driver has the right to request the Agent to provide a replacement Medallion and, if the Agent provides another Medallion, the Driver will not be responsible for the costs of hacking up a replacement vehicle.

      (ii) Any cancellation charge contained in the lease must be reasonable, and will not be permitted unless the lease also provides that:

         A. Owner is not permitted to charge a Driver a cancellation charge if the Driver is not late in making lease payments at the time the Owner cancels the lease.

         B. When a cancellation payment is made, the Driver’s obligation to make lease payments terminates immediately.

   (6) Deposit information. Each lease must include the information regarding deposits required by 35 RCNY § 58-21(e).

~

  1. Retaliation.

   (1) An Owner must not retaliate against any Driver for making a good faith complaint against any Owner for violation of the leasing provisions in 35 RCNY § 58-21.

   (2) “Retaliation” will be broadly construed, and will include imposing any adverse condition or consequence on the Driver or withholding or withdrawing any beneficial condition or consequence from the Driver.

~

§ 58-22 Records – Trip Record Information.

(a) Record of Passenger Trip Information. The Trip Record is the record of all data collected from every for hire trip made by a Taxicab and must include the following information:

   (1) The Taxicab Medallion number

   (2) The TLC Driver License number

   (3) The location where each passenger is picked up

   (4) The time each passenger is picked up

   (5) The total number of passengers

   (6) The location where each passenger is dropped off

   (7) The time each passenger is dropped off

   (8) The total trip mileage

   (9) The itemized metered fare for the trip (fare, tolls, surcharge, and tip, if paid by credit or debit card)

   (10) Method of payment

   (11) The trip number

   (12) Other information required by the Commission.

  1. Form of Trip Record.

   (1) Trip Records must be collected and stored electronically, through the use of the Technology System.

   (2) If the Technology System is inoperable, a written Trip Record must be kept during the 48-hour period the Taxicab is permitted to operate after timely notification of the malfunction. (See 35 RCNY § 58-41)

  1. Access to Trip Record.

   (1) Trip Record information must be available to the Commission and the Taxicab Driver.

   (2) Trip Record information must be available at the end of each shift and/or at the end of a lease term.

   (3) An Owner must take possession of any written Trip Records weekly.

~

  1. Changes and Corrections.

   (1) An Owner must not knowingly enter false information into the electronic data system for entry onto the electronic Trip Record.

   (2) An Owner must not make erasures or obliterate information on a written Trip Record, or other record that Owner is required to maintain.

~

   (3) If a wrong entry is made on any written Trip Record, the Driver or Owner must correct it and record the date, time, and reason for the change, so long as a record of the manually changed entry exists.

~

   (4) Trip Records must not be changed either in whole or in part, unless authorized by the Commission.

~

§ 58-23 Records – Contact Information.

(a) Mailing and Email Addresses.

   (1) Each Owner must designate a Mailing Address; this can be the Agent’s address but cannot be a post office box number.

   (2) Any communication from the Commission is sufficient if sent to the Mailing Address furnished by the Owner.

   (3) Each individual Owner must also file and maintain with the Commission the Owner’s personal mailing address, Email address and a telephone number where the Owner can be reached directly.

   (4) Each Business Entity Owner must also file and maintain with the Commission the personal mailing addresses, Email addresses and telephone numbers of each of Owner’s Business Entity Persons.

~

   (5) The Commission is not required to send any communication to the Owner’s personal address, except when notifying Owner that the License of the Agent designated by Owner has been revoked. Other communications sent to the Owner’s personal address are at the discretion of the Commission.

   (6) An Owner must report any change of mailing or Email address to the Commission in person or by registered or certified mail within ten days.

~

  1. Telephone Number and Immediate Access. An Owner must maintain on file with the Commission a current telephone number connected to an answering machine or recording device, a pager number, an answering service telephone number or a similar means of telephone contact, so that the Commission can reach the Owner on a 24-hour basis.

~

§ 58-24 Records – Maintenance Requirements.

(a) Shift Drivers. An Owner must keep accurate records of the Driver for each shift.

~

  1. Fleet or Minifleet Owner Records. A fleet or minifleet Owner must maintain for a period of three years a written record of every shift providing the following information for each Taxicab:

   (1) Driver’s name,

   (2) TLC Driver License number,

   (3) State license plate number,

   (4) Medallion number,

   (5) Time of leaving garage,

   (6) Exact time of return.

~

  1. All Owners must maintain the following additional records for a period of three years:

   (1) Drivers’ electronic and written trip records

   (2) Receipts and disbursements from the Taxicab operations

   (3) Payments to Drivers

   (4) Mileage record of each vehicle

   (5) Workers’ compensation insurance coverage, if any

   (6) Liability insurance coverage

   (7) Leases entered into pursuant to 35 RCNY § 58-21(c)

   (8) Vehicle purchase agreements entered into pursuant to 35 RCNY § 58-21(c)(4)

   (9) Any other information required by the Commission

~

  1. An Owner must make available to a Driver any records that the Owner is required to maintain, and that the Driver can be required to present to the Commission or any other governmental agency; the Owner can provide photocopies of the records.

~

§ 58-25 Reporting Requirements.

(a) Report Change in Status.

   (1) When an Owner has a change of Mailing Address or a change in the office of record, the Owner must personally appear at the Commission to report the changes within 72 hours of such change (not including weekends and holidays).

   (2) The Owner must bring the Rate Cards for all of Owner’s Taxicabs.

~

  1. Lost, Stolen, or Damaged Taximeter. If a Taximeter is lost, stolen or damaged beyond repair, the Owner must notify the Commission and the Police Department within 48 hours (not including weekends and holidays) of the loss, theft or destruction, and must provide any affidavit or information that the Commission requires.

~

§ 58-26 Operations – Rates and Tolls.

(a) Metered Rate of Fare.

   (1) Metered Rate of Fare. The rate of fare for Taxicabs is as follows, regardless of the number of passengers or stops:

      (i) The charge for the initial unit is $2.50 plus, on and after January 1, 2015, the Taxicab Improvement Surcharge of $0.30 for a total of $2.80

      (ii) The charge for each additional unit is $.50

      (iii) The unit of fare is:

         A. One-fifth of a mile, when the Taxicab is traveling at 12 miles an hour or more; or

         B. 60 seconds (at a rate of $.50 per minute), when the Taxicab is traveling at less than 12 miles an hour.

      (iv) The Taximeter must combine fractional measures of distance and time in accruing a unit of fare. Any combination of distance or time specified in paragraph (iii) above must be computed by the Taximeter in accordance with Handbook 44 of the National Institute of Standards and Technology.

      (v) The fare must include pre-assessment of the unit currently being accrued; the amount due can therefore include a full unit charge for a final, fractional unit.

   (2) Surcharges. In addition to the metered rate of fare, Taxicabs will add the following surcharges, except where surcharges are specifically exempted:

      (i) A rush hour surcharge of $1.00 for all trips beginning on a weekday after 4:00 P.M. and before 8:00 P.M.; this surcharge will not be applied on legal holidays

      (ii) A nighttime surcharge of $.50 for all trips beginning after 8:00 P.M. and before 6:00 A.M.

   (3) MTA Tax. The MTA Tax must be charged on any trip that starts in New York City and ends in any of the following:

      (i) New York City

      (ii) Dutchess County

      (iii) Nassau County

      (iv) Orange County

      (v) Putnam County

      (vi) Rockland County

      (vii) Suffolk County

      (viii) Westchester County

  1. Flat Rates between Manhattan and Kennedy Airport.

   (1) Flat Fare Rate between Manhattan and Kennedy Airport. The fare for a trip between Kennedy Airport and Manhattan will be a Flat Rate of $52, plus any tolls and applicable surcharges.

      (i) A rush hour surcharge of $4.50 will be added to this Flat Rate for all trips beginning on a weekday after 4:00 p.m. and before 8:00 p.m. This surcharge will not be applied on legal holidays.

      (ii) The MTA Tax must be charged in addition to the Flat Rate.

      (iii) The Taximeter must reflect that this trip is a Flat Rate fare.

   (2) Calculating Fare for Multiple Stops to Manhattan. If passengers request multiple stops on a trip from Kennedy Airport to Manhattan, the fare will be determined as follows:

      (i) The first stop in Manhattan is paid as required by paragraph (1) of this subdivision.

      (ii) The Taximeter is then turned on as if for a new trip and a new fare is calculated as a regular metered trip.

      (iii) The total metered fare (plus any surcharge) is paid at the last stop by the remaining passenger.

      (iv) No fare is due at the time any other passengers are dropped off between the first and last passenger.

      (v) Example: if three passengers request stops at 42nd St., 18th St. and 4th St.:

         A. $52.00 plus the MTA Tax and any applicable tolls or surcharges will be collected at 42nd St.

         B. The Taximeter will be turned on at that point.

         C. When the second passenger exits at 18th St., the Taximeter remains on and no money is paid to the Driver.

         D. The passenger dropped off at 4th St. must pay the fare on the Taximeter.

   (3) Metered Fare to Boroughs Other Than Manhattan. All trips between Kennedy Airport and a borough other than Manhattan are governed by the metered rate of fare as set forth in 35 RCNY § 58-26(a).

   (4) Chairperson’s Right to Suspend this Provision. The Chairperson is authorized to suspend the enforcement of this provision at any time, if in the judgment of the Chairperson such a suspension is necessary to preserve adequate levels of service to and from Kennedy Airport.

  1. Trips Beyond the City.

   (1) For a trip beyond the limits of the City of New York, except for Westchester or Nassau County, or Newark Airport, the fare will be a Flat Rate. The MTA Tax must be added to the Flat Rate for any trip that starts in New York City and ends in any of the following:

      (i) Dutchess County

      (ii) Orange County

      (iii) Putnam County

      (iv) Rockland County

      (v) Suffolk County.

   (2) For a trip to Westchester or Nassau County the fare will be the sum of the following amounts:

      (i) The amount shown on the Taximeter for that portion of the trip that is inside the City limits, plus

      (ii) Twice the amount shown on the Taximeter for that portion of the trip that is outside the City limits, plus

      (iii) All necessary tolls to and from the destination.

      (iv) The MTA Tax must be added to the total fare.

   (3) For a trip to Newark Airport the fare will be the sum of the following amounts:

      (i) The amount shown on the Taximeter, plus

      (ii) A surcharge of $17.50, plus

      (iii) All necessary tolls to and from the destination.

   (4) Any continuous trip where the point of origin and the destination are both within the limits of the City of New York will not be considered a trip beyond the City limits, even though the shortest and most direct route requires traveling outside the City limits but within continuous counties. The Taximeter must be kept in the recording position throughout the trip.

`   (d) [Reserved.]

  1. No Charge for Luggage or Mobility Aids. There will be no charge for:

   (1) Steamer trunks or other luggage or belongings;

   (2) Wheelchairs, crutches, three-wheeled motorized scooters and other mobility aids transported in the interior of the Taxicab;

   (3) Use of the Taxicab’s trunk.

  1. Tolls – How Tolls are Paid.

   (1) All Taxicabs must be equipped with a New York MTA Bridges & Tunnels EZ-Pass®. (See 35 RCNY § 58-27)

   (2) When a Taxicab drives through a toll plaza with an EZ-Pass®, the MTA Bridges & Tunnels automatically deducts the cost of the toll from an account maintained by the EZ-Pass® tag holder.

   (3) Passengers must pay for the toll, but are only required to pay the actual amount (often a discounted toll) charged to the EZ-Pass®.

   (4) Drivers must collect the proper toll amount from the passenger and forward it to the holder of the EZ-Pass® tag.

  1. Tolls – What Tolls are Paid by Passenger.

   (1) On all trips within the City of New York, the passenger must pay:

      (i) All tolls incurred driving to the passenger’s destination

      (ii) No tolls for the Driver’s return trip, except for trips over:

         A. The Cross Bay Veterans Bridge

         B. The Marine Parkway – Gil Hodges Memorial Bridge.

   (2) On trips beyond the City of New York, the passenger must pay all necessary tolls to and from the destination.

   (3) A Driver who charges a passenger more than the actual amount of the EZ-Pass® toll is guilty of an overcharge as prohibited by 35 RCNY § 80-17.

   (4) A Driver who fails to reimburse an EZ-Pass® tag holder for all toll charges incurred, including toll charges for which there is no passenger reimbursement, will be subject to the provisions of 35 RCNY § 80-15(d)(4).

   (5) In addition to any other penalty permitted, the Commission can order restitution to a passenger or the EZ-Pass® tag holder.

  1. Credit/Debit Card Rules.

   (1) An Owner who is a merchant is not permitted to charge the Driver a pass-along or deduction from the total credit/debit charges incurred during the Driver’s shift. An Owner who is a merchant must pay to a Driver all fares paid by credit card.

   (2) Merchants are not permitted to charge a pass-along to any passenger for credit/debit card transactions.

   (3) An Owner or Agent who or which is collecting the credit card surcharge authorized by 35 RCNY § 58-21(c)(5)(xi) must ensure that a Driver is not charged any additional credit card charges, or must reimburse the driver for any such additional charges, including any credit card charges imposed on the driver by the Technology System Provider.

~

  1. Beginning on January 1, 2015, the Taxicab Improvement Surcharge must be collected in addition to any fare charged under subdivisions (b) through (d) of this Section.
  1. E-Payments.

   (1) The payment for the fare for any trip paid for using an E-Payment must not exceed Commission-approved rates, plus an optional tip.

   (2) The fare must be calculated as required by these rules and the Taximeter must be used for all trips, including trips paid for by E-Payment. Any fare paid for by E-Payment must be calculated by the Taximeter and not by any other method.

   (3) The itemized fare amount charged to the Passenger must be automatically transmitted to the E-Hail Application from the Technology System or the Taximeter, and relevant payment data necessary to obtain a complete trip record must be transmitted from the E-Hail Application to the Technology System. Manual input of the fare by the Driver or any other person into the E-Hail Application is not permitted.

§ 58-27 Operations – EZ-Pass® Required.

EZ-Pass
® Required.
  1. EZ-Pass® Account. All Owners must participate in the EZ-Pass® New York Program by maintaining a current account with the Metropolitan Transportation Authority, Triborough Bridge and Tunnel Authority (“MTA Bridges and Tunnels” or “MTA B&T”).

~

  1. EZ-Pass®Tags Required on all Taxicabs.

   (1) Owners must either:

      (i) Equip all of Owner’s Taxicabs with an MTA Bridges and Tunnels EZ-Pass® tag, each of which must be attached as required by MTA B&T, or

      (ii) Allow a Driver to use his or her personal EZ-Pass® tag.

   (2) Owners must have available at least one MTA Bridges and Tunnels tag for each of their Medallions.

   (3) Owners must maintain a sufficient balance in their EZ-Pass® account, according to what is required by the program.

~

  1. Driver Provides EZ-Pass® Tag.

   (1) A Driver can choose to use his or her own EZ-Pass® tag.

   (2) If a Driver uses his or her own EZ-Pass®, the Driver keeps the toll money paid by the passenger, or is reimbursed the amount of the toll(s) if the passenger pays by credit or debit card.

  1. Owner Provides EZ-Pass® Tag.

   (1) Funds Accrue to Owner. When an Owner provides the EZ-Pass® tag, the Driver must ensure that all of the monies paid by a passenger for toll(s) accrue to the Owner.

      (i) If the customer pays by cash, the Driver will forward the money to the Owner at the end of his or her shift or at the end of his or her lease.

      (ii) If the customer pays by credit or debit card, the Owner will retain any amount paid for toll(s).

~

   (2) Owner can Require Driver to Maintain a “Replenishment” Account.

      (i) An Owner who is the EZ-Pass® tag holder can require a Driver who is Dispatched in one of Owner’s Taxicabs for one or more shifts to maintain an EZ-Pass® replenishment account with the Owner.

      (ii) The Owner can require a Driver to maintain a maximum of $10 for every 12-hour shift included within a lease period, up to a maximum of $100, in the replenishment account for the benefit of Owner.

      (iii) The Owner can collect from this account any tolls paid by the Owner’s EZ-Pass® account for a tag assigned to a Taxicab operated by the Driver, for which the Owner has not been reimbursed.

      (iv) Any funds held in the replenishment account that are not used to reimburse the Owner must be returned to a Driver within 30 days after the termination of the Driver’s lease with the Owner.

      (v) An Agent has the same rights and obligations as Owner under this 35 RCNY § 58-27(d)(2).

~

§ 58-28 Operations – Miscellaneous Requirements.

(a) Lost Property – Police Notification. Passenger lost property found in a Taxicab must be taken without delay to the police precinct in which the garage is located unless it can be returned to its rightful owner within a reasonable time.

~

  1. Lost Property – Notify the Commission. The Taxicab Owner must promptly inform the Commission of any property that has been taken to a police precinct as required by 35 RCNY § 58-28(a).

~

  1. No Solicitation.

   (1) When a Taxicab is operating, Owners must not allow any service or merchandise to be sold or advertised to any passenger.

   (2) An Owner must not make any arrangement with an owner, manager or employee of any restaurant, bar, night club, cabaret, dance hall, hotel, or any similar place, in which the Driver agrees to solicit or recommend patronage for such places, without prior written approval of the Commission.

~

  1. No Disruption of Pedestrian or Vehicular Traffic. An Owner must not Dispatch a Taxicab from a public street or other public area if the Dispatch will prevent the flow of pedestrians or vehicular traffic, or cause inconvenience or annoyance to the public.

~

§ 58-29 Vehicle Condition – Inspections.

(a) Required Inspections. No new or replacement Taxicab can operate for hire unless it has been inspected and approved by the Commission.

~

  1. Tri-Annual Inspection. An Owner must have his Taxicab inspected every four months at a date and time designated by the Commission and at any other time deemed necessary by the Commission. The License of an Owner whose Taxicab is not timely inspected will be summarily suspended.

~

  1. Components of Taxicab Inspections. A Taxicab inspection consists of (1) inspection to verify compliance with the inspection items required by Section 301 of the New York State Vehicle and Traffic Law, (2) visual inspection of the interior and exterior of the Taxicab to verify compliance with these Rules, and (3) inspection to verify compliance with any other applicable laws, rules and requirements. If a Taxicab fails any component of the inspection, it must be reinspected until it passes all components of the inspection.

§ 58-30 Vehicle Condition – Meet Safety Standards.

(a) While a taxicab is in operation, all equipment, including brakes, tires, lights and signals must be in good working order and meet all requirements of the New York State Vehicle and Traffic Law, and the Rules of the Commission.

~

  1. An Owner must comply with all notices and directives to correct defects in Taxicabs.

~

  1. An Owner must repair or replace a Taxicab when the Commission determines that the vehicle is unsafe or unfit for use as a Taxicab and directs the Owner to remove it from service. The Owner must surrender the Medallion and Rate Card to the Commission for storage and the License will be summarily suspended.

~

§ 58-31 Vehicle Condition – Miscellaneous.

(a) Clean. The Taxicab's exterior and interior must be clean.

~

  1. Trunk. The trunk compartment must be capable of securely holding passengers’ baggage.

~

  1. Shoulder Belts.

   (1) Every Taxicab must be equipped with shoulder belts for both outside front seat positions and both outside rear seat positions.

~

   (2) All seat belts and shoulder belts must be clearly visible, accessible and in good working order.

~

  1. No Alterations. An Owner will make no structural change in a Taxicab or in an OTV that deviates from the Taxicab specifications set forth in 35 RCNY Chapter 67 without the Commission’s written approval.

~

  1. No Physical Movement of Medallion. An Owner must not affix, remove or transfer a Medallion to a new or replacement vehicle without prior authorization of the Commission, except that an Owner can affix additional bolts to a Medallion in order to further secure it.

~

  1. Medallion Number on Roof Light. The Medallion number on the front and rear of the Roof Light must be clean and unobstructed so that the Medallion number is plainly visible.

~

  1. Illumination. When a Taxicab is in operation for hire after sunset, the following items must be illuminated so that they are clearly visible from the rear seat:

   (1) The face of the Taximeter

~

   (2) The TLC Driver License

~

   (3) The Rate Card

~

  1. Lighting Control. The dashboard dimmer switch or any other device must not control the candlepower of the Roof Light, Taximeter light, card frame light or interior lighting.

~

§ 58-32 Vehicle – Markings & Advertising.

(a) Approved Exterior Markings.

   (1) An Owner of a Taxicab must apply to the exterior of the Taxicab markings approved by the Commission.

   (2) An Owner of a Taxicab must obtain the approved Taxicab markings from a person or entity authorized by the Commission to print and distribute the decals. A depiction of the decals and a list of persons authorized to print and distribute the decals will be available on the Commission’s website and/or through other means determined by the Commission and announced on its website.

   (3) Authorized Stand-by vehicles must display SBV number decals in lieu of the Medallion number decals.

~

  1. Approved Emblems.

   (1) An Owner must not display emblems on the Taxicab exterior, other than an emblem identifying:

      (i) The Owner

      (ii) An association of Owners

      (iii) A Taxicab Drivers’ union

      (iv) The Taxicab manufacturer

   (2) These emblems must conform to the Marking Specifications for Taxicabs and will be subject to the approval of the Commission.

   (3) No more than two of the same emblem can be displayed on a Taxicab, unless otherwise authorized by the Commission.

~

  1. Other Approved Markings. An Owner must not display any lettering, emblem, advertising or marking of any kind on the exterior of a Taxicab, including windows and exterior accessories, unless authorized by the Commission, except for the following:

   (1) Markings, inscriptions and/or advertising specifically permitted or authorized by the Commission.

   (2) Advertising that is authorized by the Commission on the Vehicle’s Rate Card and for which the Owner has obtained a permit from the Commission

   (3) Accessible Taxicab Insignia.

      (i) The design for insignia that will identify the vehicle as an Accessible Taxicab will be provided by the Commission on its website or through other means presented on its website.

      (ii) These insignia must be located on the exterior of the C-pillars of a sedan or an SUV or on the exterior of the D-pillars of a minivan, on both sides of the accessible Taxicab, and will be visible to passengers entering the accessible Taxicab.

   (4) Clean Air Taxicab Insignia.

      (i) The design for insignia that will identify the vehicle as a Clean Air Vehicle will be provided by the Commission on its website or though other means presented on its website.

      (ii) These insignia must be located on the exterior of the C-pillars of a sedan or an SUV or on the exterior of the D-pillars of a minivan, on both sides of such Taxicab, and will be visible to passengers entering the clean air Taxicab.

~

  1. Maintain in Good Condition. Required inscriptions and markings must be maintained in good condition.

~

  1. Commercial Use Tax Stamp. An Owner must affix a current New York City commercial use motor vehicle tax stamp to the lower right side of the Taxicab windshield so as to be plainly visible.

~

  1. Approved Interior Markings. An Owner must not display inside a Taxicab any advertising or other notice not specifically authorized by these rules or the Commission’s Marking Specifications for Taxicabs unless approved by the Commission, except for the following:

   (1) Industry signage/logos of all credit/debit cards accepted by the Technology System, all of equal size; and

   (2) Advertising on the Technology System as set forth below in the Taxicab Marking Specifications table (35 RCNY § 58-32(i)) and in 35 RCNY § 67-15(d).

~

  1. Braille and Raised Lettering Plaques. An Owner must equip all Taxicabs with both of the following:

   (1) A Taxicab Identification Braille Plaque.

      (i) This plaque must be made of .040 gauge aluminum with a matte finish and measure 3 1/4 inches in length and 1 3/4 inches in height, with radius corners.

      (ii) The plaque must state, in Raster Braille grade two:

         A. The Medallion number centered on the first line,

         B. The word “COMPLAINTS” centered on the second line, and

         C. The telephone number “212 NYC TAXI” centered on the third line.

      (iii) The plaque must be permanently affixed on the door armrest of the horizontal plane of the right rear door, or another location approved by the Chairperson.

   (2) A Taxicab Identification Raised Lettering Plaque.

      (i) This plaque must be made of 1/8-inch thick black acrylic plastic and measure 11 inches in length and five inches in height, with radius corners and four holes (one in each corner) for attachment with screws.

      (ii) The plaque must state, in one inch high white Helvetica lettering that is permanently affixed:

         A. The Medallion number centered on the first line,

         B. The word “COMPLAINTS” centered on the second line, and

         C. The telephone number “212 NYC TAXI” centered on the third line with appropriate spacing between the three words.

      (iii) The plaque must be permanently affixed on the rear of the front right passenger seat or partition, not more than six inches below the lexan or polycarbonate portion of the partition.

~

  1. Special Markings for Clean Air Vehicles. Owners of a Clean Air Taxicab must display on the Taxicab’s Personal Information Monitor information provided by the Commission that accomplishes the following:

   (1) Identifies the Taxicab as a Clean Air Vehicle

   (2) Includes the address of the Commission web page(s)

   (3) Includes, to the extent practicable:

      (i) Estimated air quality benefits associated with the use of the vehicle, and

      (ii) The type of fuel used to power the vehicle.

~

  1. Marking Specifications for Taxicabs.

~

  1. Rate of fare decals [Reserved]
   
  1. Taxicab logo decals (required) (Non-detachable type only.)
Both front doors centered left to right and located in the upper half of the flat surface between the bottom edge of the door and the door handle.The base line of the Taxicab logo decal must be parallel to the bottom door edge. The size of the Taxicab logo decals must be determined by the Commission
  1. Medallion number (required)
Front and rear of roof light. 2 3/4”to 3”high letters 1/2”thick.
(d)”Owner-Driver”(optional) Rear of taxi. 3”maximum height
  1. EMBLEMS (Optional) (1) Fleet Owner (2) Owner Association (3) Taxicab Drivers’ Union insignia (4) Taxicab manufacturer
On rear baggage compartment in lower right corner of deck lid. Consult the Commission if contour of lid requires another location on the lid. 2”high letters 1/4”thick. Avoid overcrowding
  1. Medallion number, interior (required). Can be one-piece decal or a stencil. The number must be of a color contrasting with the seat, to provide for easy legibility.
On the back of the front seat.The top of the number must be located not more than two inches below the top of the front seat. Numbers and letter must be 3”minimum in height.
  1. Passenger Information Sign. (required) Must contain the information required by the Chairman or his designee.
On the back of the front seat or on a safety partition, displayed in a manner that is clearly visible to the passengers in the back seat.If the taxi is equipped with a safety partition, the passenger information sign can be placed on the partition behind the Driver’s head, but no higher than a headrest would be. Approximately 12”wide by 6”high.
(h)”Drivers Wanted”sign. Can include the telephone number of the Owner. (Optional) Rear of taxi. No more than 24”wide by 3”high.
(i)”If this taxi is parked for over 24 hours, please call Owner at (telephone number) .  .  .”(Optional) Rear of taxi or horizontal on dashboard. No more than 24”wide by 3”high.
  1. Telephone available, or similar language or symbol (optional)
Exterior, on a door or a side window. 4”by 6”, or smaller.
  1. Brand name Technology Service Provider
On the bezel of the Technology System Not to exceed 1 1/4”in height and 4”in length
(l)”This vehicle is equipped with camera security. YOU WILL BE PHOTOGRAPHED.”(Non-detachable decals only) On rear passenger window Letters must be at least one-half inch high.
  1. Medallion number decals (required). (Non-detachable decals only.)
The decals must be applied to both rear quarter panels, just below the rear windows or following the line created by the bottom edge of the windows.On some vehicles, such as minivans, the Medallion number can be placed at the rear of the sliding door. The size of the Medallion number decals must be determined by the Commission.
  1. Checkerboard stripe decals [Reserved]
   
(o)”Drivers are not allowed to use cell phones or handheld electronics.”Decal or sticker shall be issued by the Commission Interior of passenger compartment in a location plainly visible to passengers As issued by the Commission
(p)”Turning? People are Crossing.”The sticker must be obtained pursuant to instructions posted on the Commission’s website or through other appropriate means announced on the website. (required) On the inside of the front windshield, in the center and adjacent to the top of the windshield directly behind the rearview mirror, placed in such a manner not to obstruct the driver’s view. 3.5”wide by 2.5”high.
(q)”The choices you make behind the wheel matter.”The sticker may be obtained pursuant to instructions posted on the Commission’s website or through other appropriate means announced on the website. (optional) On the rear bumper of the vehicle. 15”wide by 4”high.
(r)”ATTENTION: Assaulting A Driver Is Punishable By Up to Twenty-Five Years in Prison.”The sticker must be obtained pursuant to instructions posted on the Commission website or through other appropriate means announced on its website. (required) In Taxicabs with a partition, the sticker will be placed above the braille plaque on the partition. In Taxicabs without a partition, the sticker will be placed in a frame on the passenger seat headrest. 8.0 x 2.0 inches.
  1. “Taxi and Limousine Drivers Are Protected By New York State Law ATTENTION: Assaulting a driver is punishable by up to twenty-five years in prison.” The sticker may be obtained pursuant to instructions posted on the Commission website or through other appropriate means announced on its website. (optional)
On a rear passenger window. 3.5 x 3.5 inches.
  1. The decal will feature the International Symbol of Access for Hearing Loss, described as the profile of an ear with a wide diagonal line running from the bottom left to the top right. The symbol contrast shall be light on dark or dark on light. A”T”will be placed in the lower right-hand corner of each decal. The internal decal will include the language”Induction loop installed. Switch hearing aid to T-coil.”
The decal will be placed on the outside of each OTV on the B-pillar and on the inside of each OTV rear passenger compartment on the partition in a location plainly visible to passengers. For vehicles that are not OTVs but have Hearing Induction Loop technology, place as directed by the Chairperson. The exterior B-pillar decal will be 3.000 x 3.000 inches; the interior passenger compartment decal dimensions will be as issued by the Commission.

~

* Detachable signs suspended from door frames are not permitted.

§ 58-33 Vehicles – Items Required in Vehicle.

(a) The following must be present in the Taxicab while it is in operation for hire:

   (1) The Rate Card, in the Driver’s License frame

   (2) An insurance card or photocopy, unless the Owner is self insured and has noted this fact on the Rate Card along with any other information required by the Commission

   (3) All other notices required to be posted in the Taxicab

~

   (4) A means of collecting and recording all of the Trip Sheet data.

§ 58-34 Vehicle Equipment.

(a) Roof Light. A roof light is required on all Taxicabs, as required by the Hack-Up specifications in Chapter 67; the Taxicab Owner must ensure compliance with the following:

   (1) Controlled by Taximeter. The Taxicab Roof Light must be automatically controlled by the operation of the Taximeter so that it is lighted only when the Taximeter is in an off position and unlighted when the Taximeter is in a recording position. An Owner must not tamper with the operation of the Taxicab’s Roof Light.

~

  1. Optional Two-way Radio.

   (1) A Taxicab can be equipped with a two-way radio only in the Citizens Radio Service and only on the forty frequencies, within allowed deviation, specifically authorized under the rules of the Federal Communications Commission.

   (2) Emissions, transmission power and antenna length must comply with limits established by the rules of the Federal Communications Commission.

~

  1. Air Conditioning. Each Taxicab must be equipped with an operable air conditioning system; when the vehicle is also equipped with a partition, the air conditioning system must be able to provide cool air to the rear passenger area.

~

  1. Trouble Lights. An Owner must ensure that all Taxicabs bearing such Owner’s Medallion(s) are equipped with a help or distress signaling light system meeting the requirements of 35 RCNY § 67-11.

~

  1. Optional Rooftop Advertising Fixture.

   (1) An Owner may equip a Taxicab with an authorized Rooftop Advertising Fixture in accordance with 35 RCNY § 67-16.

   (2) The Owner must remove a Rooftop Advertising Fixture if the TLC terminates such authorization in accordance with 35 RCNY § 67-16(e).

   (3) An Owner must not use any rooftop advertising fixture unless the Owner has obtained a permit to use such a fixture

   (4) An Owner can use only an authorized Rooftop Advertising Fixture.

~

   (5) An Owner shall be prohibited from installing any advertising material if a Vehicle Owner reasonably objects to the express or implied content of such material. A Vehicle Owner may, but cannot be compelled to, waive this right to object by providing an Owner a blanket prior written consent to all advertising material. If such Vehicle Owner does not waive this right, and there is a dispute with respect to such advertising, Owner and Vehicle Owner shall name a third party who shall decide any such dispute. If the Owner and Vehicle Owner cannot agree on who shall decide the dispute they may obtain the assistance of any alternate dispute resolution service with offices in the City of New York, the cost of which service will be equally shared by the Owner and the Vehicle Owner. The definition of Vehicle Owner for this paragraph includes the title owner of the Taxicab vehicle, or the long-term lessee of the Taxicab vehicle where the vehicle lease has a conditional purchase agreement for the vehicle.

~

  1. Operable Rear Windows. An Owner must equip all Taxicabs with an operable rear window that meets the requirements of 35 RCNY § 67-08(c).

~

  1. E-Hail Application Devices.

   (1) A Taxicab may be equipped with or the Driver may utilize a device with an E-Hail Application installed. A Driver’s use of an E-Hail Application is subject to the requirements of subdivision 35 RCNY § 80-14(g) except that a Driver may accept an E-Hail request with a single touch using pre-programmed buttons or using voice activation while the vehicle is in motion. Use of such device by a Driver is optional and an Owner cannot require a Driver to use an E-Hail Application. A Driver may use no more than one electronic device with an E-Hail Application, separate from the Technology System and/or a device provided for the Accessible Dispatch program.

   (2) An Owner must not permit a Taxicab to be equipped with a device that allows a Driver to accept payment electronically other than:

      (i) the Technology System, or

      (ii) A device with a licensed E-Hail Application installed, which may only be used to process payment through the licensed E-Hail Application.

   (3) The installation or mounting of any device with an E-Hail Application installed is subject to Commission approval. The installation or mounting of such device must not obstruct the Driver’s view of the road, or the Driver or Passenger’s view of the Taximeter.

~

  1. Dispatch equipment. An Accessible Taxicab is required to have Dispatch Equipment installed in the Vehicle.

§ 58-35 Vehicle Equipment – Partitions.

(a) Partition Required.

   (1) A Taxicab must be equipped with a partition unless exempt from this requirement.

   (2) An Owner must ensure that all Taxicabs, except as provided in subdivision (b) of this section, are equipped with a partition that meets the specifications set forth in 35 RCNY § 67-10, and with provision for air conditioning for the rear passenger compartment, as set forth in 35 RCNY § 67-14.

~

  1. Exemption from Partition Requirement. A Taxicab Owner will be exempt from the provisions of subdivision (a) of this section provided the Taxicab is equipped with the following:

   (1) The required Trouble Lights.

   (2) A cellular telephone with an emergency dialing feature.

   (3) An approved In-Vehicle Camera System that meets the requirements of 35 RCNY § 67-12.

  1. Curtain Airbags Modification. (Not Applicable to Official Taxicab Vehicles or Accessible Official Taxicab Vehicles).

   (1) A Taxicab with a partition that is equipped with factory installed curtain airbags will be equipped with a modified partition that does not extend the full width of the interior of the Taxicab.

   (2) The modified partition instead must allow a space of six inches at each side, sufficient to permit proper deployment of the curtain airbags.

   (3) The modified partition must conform in all other respects with the applicable requirements of 35 RCNY § 67-10.

~

§ 58-36 Vehicle Equipment – In Vehicle Camera System (IVCS).

(a) When an existing in-vehicle camera system is required to be replaced or when the system is installed, the Taxicab must be equipped with an IVCS that meets the specification of 35 RCNY § 67-12; the system must be installed and maintained by the manufacturer's authorized installer or a Taximeter Business that meets the requirements of 35 RCNY § 67-12; and the IVCS must be functioning and maintained in good working order.

~

  1. Each Taxicab equipped with an IVCS must be equipped with a cellular telephone as set forth in subdivision (b) of this section.

~

  1. Each Taxicab equipped with an IVCS must display decals on each rear passenger window, visible to the outside, that contain the following information: “This vehicle is equipped with camera security. YOU WILL BE PHOTOGRAPHED.”

~

§ 58-37 Vehicle Equipment – Taximeters.

(a) Taximeter Requirements. An Owner must equip the Taxicab with a Taximeter subject to the following conditions:

   (1) The Taximeter must be of a make and type acceptable to the Commission.

~

   (2) The Taximeter’s fare indicating mechanism must be affixed to the vehicle’s dashboard so that it is clearly readable and visible to all passengers in the vehicle.

~

   (3) The Taximeter’s serial number or software version number must be the same as that shown on the Rate Card assigned to the Taxicab; or entered on the Rate Card by a Licensed Taximeter shop.

~

   (4) The Taxicab tire size must be the same as that for which the Taximeter is calibrated, as indicated by the Rate Card.

~

   (5) All Taximeter seals must be installed by a Licensed Taximeter repair shop or agent of the Commission.

~

   (6) The wiring harness leading from the Taximeter to the speed sensor must have no unapproved intervening connectors, splices, “Y” connections, or direct or indirect interruptions or connections of any kind whatsoever.

~

  1. Accuracy of Taximeter. A Taxicab must be equipped with a Taximeter that is in good working condition and will accurately compute the rate of fare currently established by the Commission. Penalties for violation are as follows:

   (1) 1% Inaccurate. The penalty is $50, if the Taximeter is found to be at least 52.8 feet (one percent) inaccurate, but less than 264 feet (five percent) inaccurate in computing distance, or more than one percent but less than five percent inaccurate in computing time.

   (2) 5% Inaccurate. The penalty is $200, if the Taximeter is found to be at least 264 feet (five percent) inaccurate but less than 528 feet (ten percent) inaccurate in computing distance, or more than five percent but less than ten percent inaccurate in computing time.

   (3) 10% Inaccurate. The penalty is $300, if the Taximeter is found to be at least 528 feet (ten percent) inaccurate in computing distance or ten percent inaccurate in computing time, for a first violation.

   (4) Repeated 10% Inaccuracy. The penalty is $600, if the Taximeter is found to be at least 528 feet (ten percent) inaccurate in computing distance or ten percent inaccurate in computing time, for a second or subsequent violation within thirty-six months.

§ 58-38 Vehicle Equipment – Taximeter Defects.

(a) No Defects in Taximeter or Installation. A Taxicab must not be in service for hire with a defective Taximeter or a Taximeter that has been improperly installed.
  1. Repair or Replace Defective Taximeter. Whenever a Taximeter or its installation is defective or whenever a Taximeter computes an inaccurate rate of fare, the Owner must have the Taximeter:

   (1) Repaired, tested and certified at a licensed Taximeter Business, or

   (2) Replaced by the Taximeter Business with an approved Taximeter that has been inspected, tested and sealed;

  1. Assembly Must be Certified. After repair or replacement of the Taximeter, the Taximeter/vehicle assembly must be tested and certified in compliance with Commission regulations.

~

  1. Repairs by Licensed Agent. No adjusted, repaired or recalibrated Taximeter or appurtenance of a Taximeter can be installed in a Taxicab unless the adjustment, repair or recalibration was done at a licensed Taximeter repair shop or other authorized facility; the Owner is responsible for any installation that violates this rule.

~

§ 58-39 Vehicle Equipment – Taximeter Tampering.

(a) Unauthorized Tampering. Unless authorized by the Commission, no person will tamper with, alter, repair or attempt to repair any portion of the Taximeter system that would affect the operation of the Taximeter or the Technology System, including, but not limited to:

   (1) The Taximeter

   (2) The Technology System

   (3) Any seal affixed to the Taxicab by a licensed Taximeter repair shop or other authorized facility

   (4) Any cable connection, cable system electrical wiring, or wireless connections

   (5) The vehicle’s mechanism or its tires.

  1. Owner’s Responsibility. The Owner is responsible for any tampering, alteration or any unauthorized repair or attempt to repair.

~

  1. Owner’s Defense. It will be an affirmative defense to a violation of this section that the Owner:

   (1) Did not know of or participate in the alleged tampering of the Taximeter or Technology System; and

   (2) Exercised due diligence to ensure that tampering with the Taximeter or Technology System does not occur. Examples of an Owner’s due diligence include, but are not limited to:

      (i) Clearly warning Drivers that if they violate the Taximeter or Technology System tampering rules, Owner will:

         A. Immediately terminate any lease agreement Owner has with the Driver; and

         B. Report the tampering violation to the Commission, which will result in the probable revocation of their TLC Driver License;

      (ii) Including the warning against violating the Taximeter and Technology System tampering rules as a provision in any written lease agreement;

      (iii) Stamping the warning against violating the Taximeter and Technology System tampering rules on any written Trip Records whenever paper Trip Records must be issued to one or more Taxicab Drivers;

      (iv) Conducting periodic random comparisons of the odometer and the Taximeter mileage readings of a Taxicab to check for any inappropriate disparities;

      (v) Conducting periodic random inspections of the Taximeter and the Technology System in all the Owner’s Taxicabs to detect any evidence of tampering; and

      (vi) Having all of the Owner’s Taxicabs inspected by a licensed Taximeter shop once every inspection cycle.

  1. Notify the Commission of Tampered, Unauthorized or Removed Taximeter. An Owner must notify the Commission by telephone immediately, and in writing within 24 hours, upon discovering any of the following:

   (1) Any Taximeter other than the Taximeter approved by the Commission (as indicated on the Rate Card) has been installed in the Owner’s Taxicab;

   (2) Any Taximeter seal in the Owner’s Taxicab has been removed or tampered with;

   (3) Any unauthorized device has been connected to any Taximeter, any seal, cable connection or electrical wiring, in the Owner’s Taxicab, which can affect the operation of the Taximeter;

   (4) Any intervening connections, splices, “Y” connections or direct or indirect interruptions or connections of any kind whatsoever have been discovered on any wiring harness attached to the Taximeter in the Owner’s Taxicab.

~

  1. Inspections by Authorized Person.

   (1) A Taxicab’s Taximeter must be tested for accuracy over a measured mile course and its installation must be tested for compliance with the rules of the Commission.

   (2) Only personnel authorized by the Commission can perform these tests.

   (3) These two inspections must be completed and the results of the tests indicated on the Rate Card in each of the following circumstances:

      (i) At least once every 12 months.

~

      (ii) Whenever a Taximeter is installed in a vehicle or a Taximeter’s metrological system is updated.

~

      (iii) When the transmission or differential is altered, repaired or replaced

~

      (iv) When a change is made in any other part of the Taxicab that can affect the Taximeter reading

~

      (v) At any other time required by the Commission.

~

§ 58-40 Vehicle Equipment – Technology System Installation.

(a) Required Installation. Owners must ensure that all of their Taxicabs are equipped with a Technology System provided by a licensed Technology System Provider, and otherwise meet the requirements of these provisions.

~

  1. E-Hail Application. Any licensed E-Hail Application that provides for E-Payment used in a Taxicab must integrate with the Technology System or Taximeter. Owner must not allow any E-Hail Application to be used to process payment that is not a licensed E-Hail Application.

~

§ 58-41 Vehicle Equipment – Technology System Operation.

(a) Good Working Order. Owners must ensure that the Technology System equipment is constantly maintained and is in good working order.

~

  1. Failure to Operate.

   (1) If the Technology System malfunctions or fails to operate, an incident report must be filed with the licensed Technology System Provider within two hours following the discovery of the malfunction.

   (2) If the Driver or Owner’s Agent filed the incident report, the Owner will not be required to file a separate incident report but must verify the filing by obtaining the incident report number.

   (3) The Owner or Owner’s Agent must meet the appointment for repair scheduled by the Technology System Provider following the incident report.

  1. 48-Hour Repair Deadline. A Taxicab in which any material feature of the Technology System is not functioning must not operate more than 48 hours following the timely filing of an incident report.

~

  1. Inspection upon Multiple Technology System Malfunctions. The Owner of any Taxicab requiring six or more repairs of the Technology System in any 30 day period must promptly take the vehicle for inspection to, or schedule an inspection with, the Commission’s Safety and Emissions Facility. This requirement will not apply to the Owner if compliance is made by the Driver or Agent of the vehicle.

~

§ 58-42 Vehicles – Use of Stand-by Vehicles (SBV).

(a) Who Can Use. Only a Fleet can maintain and use Stand-By Vehicles.
  1. When Used. A Stand-by Vehicle can be used in place of a currently Licensed Taxicab only in the following circumstances and for the length of time indicated below:

   (1) When the currently Licensed Taxicab is out of service for repairs or for required inspection, until the repairs or inspection have been completed

   (2) When a Vehicle has been stolen, for no more than 30 days after the date stolen

   (3) When a vehicle has been permanently retired from service, for no more than 30 days from the date of retirement.

  1. Maximum Number of Stand-By Vehicles. A Fleet can maintain Stand-by Vehicles equal to 10% of the total number of current Medallion Taxicabs owned or operated by the Fleet.
  2. Medallion to be Transferred to Stand-By Vehicle. When a Stand-by Vehicle is Dispatched, the Medallion and Medallion number in the Roof light of the out-of-service Taxicab must be transferred to the Stand-by Vehicle.
  3. Required in the Stand-By Vehicle. A Stand-by Vehicle must not be Dispatched unless the SBV transfer form and the SBV Rate Card are present in the vehicle.

~

§ 58-43 Medallion Transfers – Overview.

(a) Applicability of the "Medallion Transfer" Sections.

   (1) The “Medallion Transfers” sections of this Chapter, along with “Licensing” 35 RCNY § 58-04 and 35 RCNY § 58-05, establish the rules for all Transfers of a Taxicab Medallions between/among private parties, either by:

      (i) Purchase

      (ii) Gift

      (iii) Bequest, or

      (iv) Operation of law.

   (2) These provisions do not apply to the sale or resale of Medallions by the Commission, as described in 35 RCNY Chapter 65.

   (3) Except where the provisions specifically reference Secured Lenders, these provisions do not apply to Secured Lender Recipients.

  1. Overview of Requirements to Complete and Effect Transfer. The transfer of an interest in a Taxicab Medallion will be complete and effective upon all of the following:

   (1) Commission Approval. Commission approval of the Transferee’s application

   (2) Proper Appearances. All persons described in 35 RCNY § 58-44(a) below must appear before the Commission.

   (3) Transfer Tax Payment. A Transferee of a Taxicab Medallion must satisfy his or her transfer tax liability as determined by the NYC Department of Finance, prior to or at the time of transfer.

   (4) Fulfillment of the Licensing Requirements. The parties to the transfer must fulfill the Licensing requirements set forth in 35 RCNY § 58-04 and 35 RCNY § 58-05.

   (5) Fulfillment of Tort Liability Requirements. The parties to the transfer must fulfill the Tort Claim liability requirements set forth in 35 RCNY § 58-47, below.

   (6) Fulfillment of the Medallion Clearance Requirements. The parties to the transfer must fulfill the applicable Medallion Clearance Requirements set forth in 35 RCNY § 58-46 below.

   (7) Medallion Put into Service. Each Transferee, as well as any Administrator seeking to operate a Medallion under 35 RCNY § 58-48 below, must place the Medallion in service with a Hacked-up Taxicab vehicle within seven days of approval of the approval of the application.

~

  1. Comply with Transfer Provisions.

   (1) No person or entity is permitted to attempt to transfer or participate in the transfer of an interest in any Taxicab Medallion without fulfilling the requirements of subdivision (b) above, as applicable.

   (2) The mere act of submitting a transfer application to the Chairperson will not be considered as a violation of this subdivision.

~

§ 58-44 Medallion Transfers – Special Requirements.

(a) Personal Appearance.

   (1) All Transferees or Administrator applicants seeking to operate a transferred Medallion must appear in person as directed by the Chairperson.

   (2) If the Transferee applicant is a Business Entity, the following Business Entity Persons must appear in person before the Commission:

      (i) All individual shareholders of a corporate entity

      (ii) All general partners of a partnership entity

      (iii) All members of a Limited Liability Company.

   (3) Exception to Personal Appearance Requirement. A power of attorney can appear and represent any Applicant or Business Entity Person of a Business Entity Applicant who:

      (i) Holds an existing, continuing License from the Commission, and

      (ii) Has an electronic fingerprint record on file with the Commission, made not earlier than one year prior to the date of the transfer.

  1. Transfers During and After Pending Judgment.

   (1) No voluntary transfer or sale of an interest in a Taxicab License can be made if a judgment docketed with the clerk of court of any county within the City of New York remains unsatisfied against the Licensee and in favor of any state, federal or New York City government agency unless:

      (i) A bond is filed in an amount sufficient to satisfy the judgment,

      (ii) All the judgment creditors of a Licensee file written permission for the transfer, or

      (iii) The proceeds from the transfer are paid into court or held in escrow, on terms and conditions approved by the Commission, to protect the rights of all parties that can have a legitimate interest.

   (2) An Owner’s interest a Taxicab License can be transferred involuntarily and disposed of by public or private sale in the same manner as personal property. In that event:

      (i) Owner’s License will be immediately cancelled,

      (ii) A new License will be issued to the new owner when the Transfer is properly approved and the transfer is effective, and

      (iii) If the transfer is by reason of a tort judgment against the involuntary Transferor, no bond need be provided with respect to that judgment.

  1. Voluntary Transfer During Revocation Proceedings.

   (1) The Owner must not transfer his Taxicab License after the commencement of revocation proceedings without the written permission of the Chairperson.

   (2) The Chairperson can also require that no relative of the Medallion Owner or any other person or entity affiliated with the Owner receive the Taxicab License.

   (3) The Chairperson can also require an escrow be held in an amount to be determined by the Chairperson after an approved closing in order to satisfy any fines subsequently levied against the Owner.

  1. Preserve Medallion Category.

   (1) A transfer of an Independent Medallion will be made only to an approved individual or Business Entity that does not own any interest in any other Medallion; similarly, the transfer of a Minifleet Medallion will be made only to a Transferee approved to own and operate a Fleet or Minifleet.

   (2) An Independent Medallion Owner must not have a financial interest in any other Taxicab.

   (3) A Minifleet Medallion Owner must not have a financial interest in any Independent Medallion Taxicab.

   (4) For the purpose of this subdivision (d), “financial interest” will mean an ownership interest or an interest received as a pledge or security or subject to a security agreement to secure financing.

  1. Additional Requirements for Transfers Made by Conditional Sales Agreements. Where an interest in a Medallion is acquired through a conditional sales agreement, the following requirements apply:

   (1) The parties must provide the Commission with a disclosure statement indicating the terms of the agreement.

   (2) The seller must remain liable for any fines or penalties imposed against the Taxicab License for violations occurring during the term of the agreement, unless they are paid by the purchaser.

   (3) The seller must notify the Commission in writing if the seller repossesses the Taxicab within 72 hours of the sale (exclusive of weekends and holidays).

   (4) The parties to a conditional sales agreement are subject to the Lease Cap provisions in 35 RCNY § 58-21.

   (5) No conditional transfer shall be effective until the parties have completed all the requirements for transfer required by this Chapter.

§ 58-45 Medallion Transfers – Application Documentation and Requirements.

(a) Application. An Applicant/Transferee must file a completed application in the form prescribed by the Chairperson.
  1. Payment of Fees. An Applicant/Transferee must pay the following fees:

   (1) A transfer fee of Fifty Dollars ($50).

   (2) An administrative charge of $160.

   (3) The licensing and inspection fees required under 35 RCNY § 58-07.

  1. Proof of Identity. An individual Transferee and all Business Entity Persons of a Business Entity Transferee must:

   (1) Provide proof of identity in the form specified in 35 RCNY § 58-04(a), and

   (2) Disclose any trade name under which the Transferee intends to operate.

  1. Owner-Must-Drive Proof. If the Transferee is acquiring an interest in a Medallion from an Independent Taxicab Owner, Transferee must provide the Valid License number of the person who will fulfill the service requirements of the Owner-Must-Drive Rule in 35 RCNY § 58-05(d).
  2. Proof of Vehicle Ownership. Transferee must provide proof that Transferee has or will have an appropriate vehicle, by providing either:

      (i) A bill of sale of a vehicle eligible to be used as a Taxicab (see 35 RCNY Chapter 67, Taxicab Hack-Up), or

      (ii) An affidavit specifying that the Transferee will have a vehicle to be used as a Taxicab within the seven days following the effective date of the transfer (see 35 RCNY § 58-43(b)(7), above).

  1. Payment of Fines and Fees. An Applicant/Transferee must provide proof of payment of any outstanding fines or fees owed to the Commission, the Parking Violations Bureau (or their successors) by the Transferee or any Business Entity Persons of a Business Entity Transferee.
  2. Source of Funds.

   (1) An Applicant/Transferee must provide documentation in a form satisfactory to the Chairperson detailing the sources of the funds, if any, Transferee is using to purchase the Medallion, including:

      (i) Copies of bank account passbooks or bank statements;

      (ii) Affidavit explaining cash sums and deposits over $10,000 paid to or by the Transferee within six months prior to the date of submission of this documentation;

      (iii) Affidavits from donors of any gifts;

      (iv) Statements from secured and/or unsecured lenders detailing amounts lent, security if any, and terms of payment; and

      (v) Copies of IRS Form 8300 filed by any Broker in connection with funds received in the context of the transaction.

   (2) If the transfer is by gift or is for less than Market Value, the Transferee must produce a waiver letter from the NYC Department of Finance along with any documentation referred to in the waiver.

  1. Additional Documents Required from Corporate Transferee Applicants. Any corporate Applicant/Transferee or any Applicant seeking to purchase an interest in a corporation must provide, for that corporation:

   (1) All newly formed corporations must include a copy of the certificate of incorporation and the filing receipt of the certificate of incorporation.

   (2) Established corporations can include the documents described in (i) above alternatively, they can include a certified copy of the certificate of incorporation.

   (3) All corporations must include a copy of the resolution or action by the incorporators, shareholders or directors electing officers of the corporation.

   (4) All corporations must include a list of stockholders, with the number of shares owned by each.

  1. Additional Documents Required for Partnerships. Any partnership Transferee Applicant or any Applicant seeking to purchase an interest in a partnership must provide for that partnership:

   (1) A copy of the certificate of partnership

   (2) A list of the partners, including the percentage owned by each.

  1. Additional Documents Required for Limited Liability Companies. Any LLC Transferee Applicant or any Applicant seeking to purchase an interest in an LLC must provide for that LLC:

   (1) A copy of the articles of organization

   (2) A copy of the operating agreement

   (3) A list of the members, with the percentage owned by each.

  1. Additional Document Required from a Foreign Business Entity. Any Business Entity not organized under the laws of the State of New York must also provide proof of authorization to operate in New York.
  2. Documents Required from a Secured Lender Recipient. If the transfer is the result of a foreclosure or similar action by a creditor, the following documents must be provided:

   (1) A hypothecation agreement, stock pledge or stock pledge agreement if the transfer is occurring by transfer of, or foreclosure upon, stock;

   (2) A UCC Article 9 Foreclosure “Affidavit of Disbursements” showing that all claims have been satisfied or will be satisfied or acceptable documentation regarding any claims not satisfied;

   (3) Copies of UCC-1 filings (including file stamp or file number) filed against the former Owner or Owner’s interest in the Medallion;

   (4) Copies of all security agreements involved in the transfer in respect of the lenders’ interests in the Medallion;

   (5) A bill of sale, if any, or proof of other transfer in connection with any security agreement;

   (6) If the Medallion was sold in an auction, proof of advertisement of the auction together with the attendance sheet;

   (7) If the Medallion was sold outright, a copy of the Notice of Sale.

  1. Affidavits Required by the Commission. Transferees must provide:

   (1) An affidavit or affirmation under penalty of perjury, in a form approved by the Chairperson, that the Applicant does not rely upon the actions or determination of the Commission with respect to the Medallion; and

   (2) Any other affidavit or affirmation regarding documentation required by the Chairperson.

  1. Lien Searches. An Applicant/Transferee must submit with the application:

   (1) Copies of a NYS UCC lien search of the Transferor/Owner,

   (2) Copies of a lawsuit and judgment search for all counties in which the transferor has been domiciled for the shorter of (i) five years, or (ii) length of time the transferor has owned the Medallion being transferred,

   (3) Copies of all active records found in the search, and

   (4) An affidavit or affirmation, under penalty of perjury, from the Applicant/Transferee and the transferor warranting that:

      (i) They have reviewed and are familiar with the contents of all of the searches

      (ii) All disclosed liens and judgments will be:

         A. Satisfied prior to or from the proceeds of the transfer

         B. Included in the escrow amount, or

         C. Assumed by the Applicant.

  1. Tort Letters to Establish Escrow Amount. The application of any Transferee subject to the Tort Liabilities rules in 35 RCNY § 58-47 below (and except as excused in 35 RCNY § 58-47(d)) must include all of the following:

   (1) All Tort Letters from the transferor’s insurer(s) during the shorter of

      (i) Six years, or

      (ii) The length of time the transferor has owned the Medallion up to and including the date the Medallion is put into storage or the date prior to the effective date of transfer.

   (2) Any documentation that may be required regarding any potential Excess Claims that the Tort Letters may disclose.

   (3) Any information held by the Applicant/Transferee or transferor regarding any potential Excess Claims.

   (4) Any other information held by the Applicant/Transferee or Transferor that might be necessary to determine the Escrow Amount.

  1. Transferring the Technology System. The application must include the following information regarding the Technology System:

   (1) Proof of Notice to the Technology System Provider.

      (i) The Transferor must provide proof that notice of the transfer has been sent to the Technology System Provider that holds the contract to provide the Technology System for the Medallion being transferred.

      (ii) The notice must be:

         A. Sent at least 30 days prior to the proposed date of transfer (NOTE: The Technology System Provider can waive the 30-day requirement by signing the form)

         B. Sent by certified mail, return receipt requested, and

         C. Sent to the address specified in the contract

      (iii) Proof of notice will be:

         A. A copy of the Notice

         B. A copy of the certified mail receipt, and

         C. An affidavit or affirmation under penalty of perjury verifying the mailing

   (2) Transferor’s Statement of Intent. The Transferor must use a form approved by the Chairperson to:

      (i) Provide a statement of Transferor’s intent to

         A. Cancel the contract with the Technology System Provider or

         B. Assign the contract to the Transferee.

      (ii) Provide a statement of Transferor’s intent to:

         A. Return the Technology System to the Technology System Provider,

         B. Retain the Technology System, or

         C. Transfer the Technology System to the Transferee.

   (3) Transferee’s Statement of Intent. The Transferee must use a form approved by the Chairperson to provide a statement of Transferee’s intent to:

      (i) Assume the Transferor’s contract with the Technology System Provider, or

      (ii) Identify the licensed Technology System Provider which the Transferee intends to use to provide the Technology System.

  1. Other Documentation. The Applicant must provide any other documentation required by the Chairperson in order to assist in the Chairman in determining whether the proposed Transferee meets the criteria for licensing and ownership of a Taxicab Medallion.

§ 58-46 Medallion Transfers – Transferor Must Clear the Medallion.

(a) Place in Storage. Before a Medallion can be transferred, it must be placed in storage for at least seven days not counting the day it is put in storage or the day the clearance is given. (Exception: A Medallion owned by a corporation or LLC need not be placed in storage if the transfer is to be accomplished by a transfer of stock or membership interests in the company.)
  1. Clear All Open Items. All open items against the Medallion Owner/Transferor (including any Business Entity Person of the Owner) must be cleared, including but not limited to summons issued by the Commission, outstanding fines and penalties owed to the Commission or the Parking Violations Bureau (or their successors), incomplete License renewal requirements, and violations against the TLC Driver License.
  2. Requirements of Secured Lenders. Any secured lender that obtains possession of a Medallion through foreclosure, repossession or in any similar manner, must place the Medallion in storage with the Chairperson.

§ 58-47 Medallion Transfers – Tort Claims.

(a) Applicability.

   (1) This 35 RCNY § 58-47 applies:

      (i) To all Transferees other than Administrators and Legatees.

      (ii) To all Transferors other than an Administrator/operator making a distribution to a Legatee.

   (2) This 35 RCNY § 58-47 does not apply to Secured Lender Recipients.

  1. Provisions for Satisfaction of Tort Liabilities.

   (1) The parties to any applicable transfer must prove that provisions have been made to satisfy all outstanding tort claims against the Transferor of the Taxicab Medallion.

   (2) This can be accomplished either by:

      (i) Posting a bond with the Chairperson to cover all outstanding tort liabilities; or

      (ii) Establishing an escrow account in the Escrow Amount (not exceeding the Maximum Escrow Amount), determined as described in subdivision (c) below.

   (3) No transfer of the Taxicab Medallion(s) can occur until:

      (i) The bond is posted

      (ii) The Escrow Amount is established and the escrow agent has given an undertaking to the Chairperson to establish and hold the escrow account on the terms required by this 35 RCNY § 58-47 and to notify the Chairperson within five days after the escrow account has been established, or

      (iii) It is determined by the Chairperson that neither a bond nor an escrow account is required.

   (4) Secured Lender Recipients must create an escrow account in the amount of the Secured Lender Escrow Amount.

  1. Determining the Amount of the Escrow Account.

   (1) Identify Potential Claimants. The Transferor must identify the holders of all potential Excess Claims, by obtaining and reviewing the following sources of information:

      (i) All Valid Claim Letters held in Commission files

      (ii) Prior Claim Letters held in Commission files

      (iii) Tort Letters

      (iv) Potential claims revealed through the lien, judgment and lawsuit searches required under 35 RCNY § 58-45(n), above.

   (2) Notify Potential Claimants.

      (i) The Transferor must provide adequate mail notice, as described in subdivision (3) below, to the holder of each potential Excess Claim. The notice must state the following:

         A. Whether the Transferor believes the holder’s claim is a potential Excess Claim and the dollar amount (including $0) that Transferor proposes to establish for that claimant’s claim.

         B. That the claimant has 30 days from the date of the notice to object to the amount by sending a written response to the Transferor (with a copy to the Commission, attention Legal Department Transfer Division); the response must state the basis for claimant’s objection to the proposed Escrow Amount.

         C. That if the Commission does not receive the claimant’s objection within the 30 day period, the Commission will consider the claimant to have accepted the Transferor’s proposal regarding the Escrow Amount to be established for the claim.

         D. That claimant’s acceptance of or failure to object to the Transferor’s proposed Escrow Amount will not affect any rights, claims or remedies the claimant has directly against the Transferor.

      (ii) If the Commission does not receive the claimant’s objection within 30 days from the date of the notice, the Commission will consider the claimant to have accepted the Transferor’s proposal regarding the Escrow Amount to be established for the claim.

   (3) Adequate Mail Notice to Potential Claimants. Transferor’s notice to potential claimants must be sent by certified mail, return receipt requested, with a copy also sent by regular mail and a copy sent to the Commission, attention “Legal Department Transfer Division,” as follows:

      (i) For potential claimants disclosed by the lien, judgment and lawsuit searches required under 35 RCNY § 58-45(n) above, adequate notice will be considered given if the following steps are taken:

         A. Notice is sent to the address for the claimant disclosed by the search

         B. If this mailing is returned as non-deliverable, the notice is sent to any other address for the claimant or claimant’s attorney of record disclosed by the search.

      (ii) For potential claimants disclosed by a Prior Claim Letter or a Valid Claim Letter, adequate notice will be considered given if the following steps are taken:

         A. Notice is sent to the sender of the letter and

            i. To the claimant at the address disclosed in the letter, or

            ii. If no address for the claimant is disclosed, to whatever address the sender provides in the letter.

         B. If these mailings are returned as non-deliverable, notice must be sent to any subsequent address provide for claimant by:

            i. The sender of the letter, or

            ii. The recipient of the notice at the subsequent address of a further address for claimant.

      (iii) For potential claimants disclosed by a Tort Letter, adequate notice will be considered given if the following steps are taken, as necessary:

         A. Notice is sent to the address disclosed in, by or through the Tort Letter or to any counsel of record disclosed in, by or through the Tort Letter

         B. If neither the claimant’s address nor counsel of record is disclosed by the Tort Letter, Transferor must consult with the insurers providing the Tort Letter to ascertain an address for claimant or for claimant’s counsel of record and notice must be sent to any address provided by the insurer

         C. If a recipient of the notice at this address (or any subsequent recipient who is neither the claimant or claimant’s counsel) provides a subsequent address for claimant or claimant’s counsel, notice must be mailed to all subsequently provided addresses

         D. If no address can be obtained for the claimant or claimant’s counsel or representative, public notice of the contents of the notice must be placed in the New York Times and The New York Law Journal as a public notice for one business day.

      (iv) The Transferor must provide the Chairperson with proof of all mailings by providing:

         A. A copy of the mailing receipts

         B. An affidavit or affirmation under penalty of perjury verifying the mailings.

   (4) Response to Claimant’s Objection. If a claimant sends a timely objection, the Chairperson will refer the matter to OATH to determine the amount of claimant’s claim to be included in the Escrow Amount.

      (i) OATH’s rules of practice will govern the proceedings and OATH will apply principles of tort law.

      (ii) For the purposes the this proceeding, the OATH terminology will apply as follows:

         A. The claimant will be considered to be the “Petitioner”

         B. The response sent by claimant objecting to the proposed Escrow Amount will be considered to be the “Petition”

         C. Transferor will be considered the “Respondent”

         D. Transferor’s original notice to claimant will be considered to be the “Answer.”

   (5) Settling the Escrow Amount by Agreement.

      (i) At any time, the Transferor and claimant can agree on the amount of the claim to be used in establishing the Escrow Amount for the claim.

      (ii) If the parties reach an agreement, it must be verified in writing and signed by both parties with a copy provided to the Chairperson.

   (6) Finalizing the Escrow Amount. If the parties have not reached agreement:

      (i) The Chairperson will make a final determination of the required Escrow Amount for each claim, as follows:

         A. Any Escrow Amount determined by OATH will be the Escrow Amount for that claim;

         B. When the claimant has not objected, the Chairperson’s determination will be based on the Transferor’s proposed Escrow Amount for the claim;

         C. If the claimant and the Transferor have come to a written agreement, the Chairperson’s determination will be based on that agreement.

      (ii) The Chairperson’s determination will be a final agency determination regarding Escrow Amount(s) for the purpose of transferring the Medallion, but is not and is not intended to determine the actual merits of the claim(s).

  1. When the Escrow Amount Cannot Be Reasonably Determined.

   (1) If Tort Letters cannot be obtained for all or any part of the period for which they are required to be provided (see 35 RCNY § 58-45(o) above) the Escrow Amount will be as follows:

      (i) When a Secured Lender Recipient is foreclosing on a Taxicab License and the transfer is occurring as a result of that action, the escrow account will be established in the amount of the Secured Lender Escrow Amount;

      (ii) For all other applicable Transferors, the escrow account will be established in the Maximum Escrow Amount.

   (2) An escrow account created with either a Secured Lender or Maximum Escrow Amount must be maintained for the shorter of:

      (i) Six years following the date of transfer, or

      (ii) As required by subdivision (e) below, provided that all Tort Letters have been obtained and Transferor has determined the appropriate Escrow Amount under subdivision (c) above.

  1. The Escrow Account When Amount Is Determinable.

   (1) Creating the Escrow Account.

      (i) Once the Escrow Amount has been determined, an escrow account in that amount will be established from the proceeds of the transfer or other resources of the Transferor and maintained until all claims represented in the account are satisfied or released, as described subdivision (2) below.

      (ii) The Escrow Account can be held by either:

         A. Counsel for the claimant,

         B. Counsel for the Transferor, or

         C. Otherwise as the claimant and Transferor agree.

      (iii) The parties must notify the Chairperson as to who is holding the account.

   (2) Releasing Funds from the Escrow Account.

      (i) Any person or entity seeking a release of funds from the escrow account must show that the claim is no longer outstanding by providing one of the following forms of evidence:

         A. Proof of release of the claim

         B. Proof of satisfaction of the claim

         C. Proof of dismissal of the underlying claim

         D. Agreement of the parties settling the claim

         E. A court judgment directing payment of all or part of the Escrow Amount to a party.

      (ii) If the evidence is a court order, it must be a final order, fully executed and, if necessary, filed or entered.

      (iii) No funds will be released from the escrow account without the prior written approval of the Chairperson.

~

§ 58-48 Medallion Transfers – Special Provisions Regarding Estates and Incompetency.

(a) Notice. Notice of the death or the declaration of incompetency of a Medallion Owner must be given to the Chairperson promptly upon the occurrence. A Medallion Owner which is a Business Entity must also give prompt notice upon the death or the declaration of incompetency of a shareholder, partner, or member of a Business Entity.

~

  1. Distribution of Interest in Medallion to Legatee.

   (1) To A Legatee. When a Medallion(s) or an interest in a company or corporation that owns a Medallion(s) is distributed from an estate, the Legatee recipient must qualify as a Transferee under the applicable rules in this Chapter 58, and must submit the following additional documents to the Commission:

      (i) A certified copy of the death certificate of the former Owner listed with the Commission;

      (ii) A certified copy of letters testamentary or letters of administration and for an estate not in New York, a certified copy of ancillary letters testamentary or letters of administration covering the estate’s New York property, which letters:

         A. Must have been issued no earlier than six months prior to the date of submission

         B. Must be unqualified as to the amount of estate assets that the Executor is authorized to administer and distribute or, if the amount is qualified, it must be in excess of the value of the Medallion(s) to be operated or transferred.

      (iii) A certified copy of the will, if any.

   (2) Additional Requirements for Distribution to a Legatee in Trust.

      (i) An interest in a Medallion Taxicab can only be distributed to a Trust if the distribution is made to a trust for the benefit of a minor and:

         A. The ownership interest is in the stock of a corporation, or

         B. The interest is in membership of an LLC that owns one or more Medallions.

      (ii) The ownership interest in the Taxicab Medallion must be distributed out of the trust within 60 days after the date on which the beneficiary reaches the age for ownership of a Taxicab Medallion (see 35 RCNY § 58-04(b)).

      (iii) The beneficiary must apply and be approved as a Transferee under these Medallion Transfer rules before the transfer will be effective.

      (iv) Notice must be given to the Chairperson promptly upon the beneficiary reaching the age for ownership of a Taxicab Medallion.

  1. Additional Requirements for Temporary Operation of Medallion Taxicab.

   (1) If an Owner of an interest in a Taxicab Medallion dies or is declared incompetent by a court of competent jurisdiction, the Medallion can continue to be operated by an Agent for a period of up to 120 days following the date of death or declaration of incompetency.

   (2) If, during the 120-day period, an Administrator is appointed, the administrator will have 60 days from the date of appointment to apply and be approved under the applicable Medallion Transfer rules to operate the Medallion; an Agent can continue to operate the Medallion during this 60-day period.

   (3) If the decedent or incompetent Owner was an Independent Medallion Owner, the Owner-Must-Drive Rule (see 35 RCNY § 58-05(d)) will be waived for the 120-day period as well as during the 60-day period following the appointment of an Administrator, if the appointment occurs during the 120-day period; the Owner-Must-Drive rule will apply to an Administrator who is approved to operate the Taxicab.

   (4) If no one has been approved by the Commission to operate the Medallion by the end of the 120-day period, the Medallion must be placed in storage until an Administrator or new person has qualified to operate the Medallion.

   (5) If no Administrator, Legatee or other new owner associated with the estate has qualified to operate the Medallion by the end of the 180-day period from the date of the death or declaration of incompetency of the Owner:

      (i) The interest in the Medallion must be transferred to a Transferee who has applied and been approved as a Transferee by the Commission.

      (ii) The Medallion must remain in storage until the transfer is effective.

~

§ 58-50 Accessible Vehicle Conversion.

(a) Accessible Vehicle Hack-up: Unrestricted and Alternative Fuel Minifleet Medallions.

   (i) Beginning on the Accessible Conversion Start Date, any Unrestricted Medallion which is a Minifleet Medallion for which a new vehicle is placed into service must be Hacked-up with an Accessible Taxicab meeting the requirements of 35 RCNY § 67-05.2 until at least 50 percent of the Unrestricted Minifleet Medallions owned by such Minifleet are Hacked-up with an Accessible Taxicab that meets the requirements of 35 RCNY § 67-05.2.

   (ii) Following the Accessible Conversion Start Date and beginning at such time that there is available a vehicle qualified for use with an Alternative Fuel Medallion that is also qualified as an Accessible Taxicab under 35 RCNY Chapter 67, any Alternative Fuel Minifleet Medallion for which a new vehicle is placed into service must be Hacked-up with a vehicle that is qualified for use with both an Alternative Fuel Medallion and an Accessible Medallion under 35 RCNY Chapter 67, until at least 50 percent of the Alternative Fuel Minifleet Medallions owned by such Minifleet are Hacked-up with such vehicles.

  1. Accessible Vehicles Hacked-up. An Accessible Vehicle, as indicated by vehicle identification number, which is Hacked-up with any Minifleet Medallion in order to comply with Accessible Taxicab Hack-up requirements for a Minifleet Medallion under subdivision (a) of this section can satisfy an Accessible Taxicab Hack-up requirement under subdivision (a) only at the time of first Hack-up.
  2. Accessible Vehicle Hack-up: Unrestricted and Alternative Fuel Independent Medallions.

   (i) Beginning on the Accessible Conversion Start Date, 50 percent of all Unrestricted Medallions which are Independent Medallions for which a new vehicle is placed into service in each calendar year must be Hacked-up with an Accessible Taxicab meeting the requirements of 35 RCNY § 67-05.2.

   (ii) Following the Accessible Conversion Start Date and beginning at such time that there is available a vehicle qualified for use with an Alternative Fuel Medallion that is also qualified as an Accessible Taxicab under 35 RCNY Chapter 67, 50 percent of all Alternative Fuel Independent Medallion for which a new vehicle is placed into service in each calendar year must be Hacked-up with a vehicle that is qualified for use with both an Alternative Fuel Medallion and an Accessible Medallion under 35 RCNY Chapter 67.

   (iii) The TLC will select the Independent Medallions that will be subject to this requirement in a bi-annual lottery. This procedure will also be used for Alternative Fuel Medallions when a qualifying vehicle is available. The lottery will determine accessible vehicle Hack-up requirements for Independent Medallions (including Alternative Fuel Independent Medallions when applicable) until the next following scheduled vehicle replacement for those medallions.

   (iv) The TLC will conduct the lottery on or before January 1 of each year for medallions which must place an Accessible Taxicab into service from July 1 to December 31 of that year. For medallions which must place an Accessible Taxicab into service from January 1 to June 30 of the next calendar year, the lottery will be held on or before July 1 of the preceding year.

   (v) The TLC will post on its Web site which Independent Medallions must be Hacked-up with an Accessible Taxicab meeting the requirements of 35 RCNY § 67-05.2 as soon as practicable following the lottery.

   (vi) Those Medallions that are not selected in the lottery held pursuant to paragraph (iv) of this subdivision to Hack-up an Accessible Taxicab in their next vehicle replacement will be required to place an Accessible Taxicab into service in their next following scheduled vehicle replacement.

  1. Any vehicle valid for use with an Unrestricted Medallion or Alternative Fuel Medallion and Hacked-up prior to the Accessible Conversion Start Date can remain in use as a Taxicab until its scheduled retirement as set forth in 35 RCNY § 67-18, as may be modified by 35 RCNY § 67-19.
  2. Transfer of Accessible Vehicle Conversion Requirement.

   (i) In any calendar year, any Owner or vehicle owner required to Hack-up a Medallion with an Accessible Vehicle under this Rule will be permitted to transfer such requirement to any other Owner or vehicle owner who is not subject to that requirement and is required to Hack-up a vehicle during the same calendar year.

   (ii) Any Owner or vehicle owner wishing to transfer the Accessible Vehicle conversion requirement as provided in paragraph (i) of this subdivision must provide notice to the Chairperson in the form specified by the Chairperson at least 60 days prior to the scheduled retirement date, as set forth in 35 RCNY § 67-18, as may be modified by 35 RCNY § 67-19, of the transferor’s vehicle or of the transferee’s vehicle, whichever is earlier.

   (iii) Any Owner agreeing to accept the Accessible Vehicle conversion requirement pursuant to paragraph (i) of this subdivision must follow all requirements of this Rule as if such owner were required to Hack-up an Accessible Vehicle pursuant to subdivisions (a) or (c) of this Section.

  1. Conversion through Scheduled Retirement: A Taxicab Medallion required to be placed into service with an Accessible Vehicle under this Section must continuously be Hacked-up with an Accessible Vehicle for a minimum of four years.
  2. Any Owner of a Taxicab Medallion placed into service with an Accessible Taxicab pursuant to this section must comply with all requirements of 35 RCNY Chapter 53.
  3. The TLC will review the Taxicab Improvement Fund annually, by no later than the end of April, beginning in 2017, to assess the adequacy of the Fund, the uses of the Fund, and the surcharge funding the Fund receives, and will produce a report annually with the result of its assessment and recommendations and analysis. Such recommendations and analysis shall include but not be limited to the following: (i) whether the current surcharge should be lowered, raised or kept the same; (ii) a review of possible alternate sources of funding for the Fund other than the surcharge; and (iii) the costs incurred by Owners and Drivers that are required to purchase and operate Accessible Vehicles as opposed to those Owners and Drivers who are not so required. Such report shall be submitted to the Speaker of the NYC Council and posted on TLC’s website upon completion of the report.
  4. The provisions of this section do not apply to Accessible Medallions that were originally issued as Accessible Medallions. Owners of taxicabs in service with Accessible Medallions that were originally issued as Accessible Medallions will not receive grants funded by the Taxicab Improvement Fund.
  5. Taxi Improvement Fund Allocations. Owners of Medallions and Drivers of Medallions who have submitted all required forms and documentation as specified by the Chairperson will receive allocations from the Taxi Improvement Fund as follows:

   (1) Owners of Medallions who have placed an Accessible Taxicab into service will receive:

      (i) Hack-up Payment. A one-time subsidy payment of at least $14,000, determined by the Commission and posted on the Commission’s website. Such payment will be the same for all eligible Medallion Owners. Such a payment will be allocated to a Medallion only if the Accessible Vehicle operating on such Medallion has not previously received such a payment. This determination will be based on the Vehicle Identification Number (VIN) of the Accessible Vehicle.

      (ii) Accessible Vehicle Operational Payments. A series of equal payments adding up to no less than a total of $16,000. The frequency and amount of such payments will be determined by the Commission and posted on the commission’s website, but such payments will be made at least three (3) times per year. Such payments will be the same for all eligible Medallion Owners. Payments will be issued provided that the Accessible Taxicab:

         A. Meets the vehicle inspection requirements of 35 RCNY § 58-29, and

         B. With the exception of the first payment following initial Hack-up, has completed a minimum of 250 Passenger trips since the previous inspection.

         C. Was logged onto the Accessible Taxi Dispatcher system through the Dispatch Equipment while in operation during the period since the previous inspection.

   (2) Drivers of Accessible Taxicabs will receive periodically, a per-trip payment for each Passenger trip while driving an Accessible Taxicab. The per-trip payment amount will be determined based on a review of available funds and the availability of drivers. The per-trip payment amount will be posted on the TLC Web site.

   (3) Allocation amounts provided for in Paragraphs (1) and (2) of this subdivision will be reviewed and adjusted as provided in Subdivision (h) of this section.

Chapter 60: Paratransit Vehicles and Bases

Subchapter 60A: Paratransit Vehicle Owners

§ 60A-01 Scope of this Sub-chapter.

(a) To establish the procedures and requirements for obtaining and maintaining a Paratransit Vehicle Owner's License.
  1. To provide penalties for violation of the requirements of maintaining a Paratransit Vehicle Owner’s License.

§ 60A-02 Penalties.

(a) Unlicensed Activity.

   (1) Unlicensed Activity is the act of providing or advertising the provision of any Commission-regulated for hire transportation service by:

      (i) Any Licensee whose License is suspended, revoked, or expired and not yet renewed, or

      (ii) Any person who does not hold a Valid License or authorization from the Commission as a for hire driver, for the for hire vehicle, or for the for hire service, as applicable.

   (2) Unlicensed Activity specifically includes the activities listed in § 19-506 and § 19-528 of the Administrative Code, and can subject the violator to the seizure and possible forfeiture of the vehicle involved.

  1. Specific Penalties. If there are specific penalties for violating a Rule, they are shown at the end of the Rule. The penalty section also states whether the violator must attend the Hearing.
  2. Payment of Fines.

   (1) Fines are due not later than 30 days after the Respondent is found guilty of or pleads guilty to the violation, unless:

      (i) the Respondent files an appeal of the decision issued by the Taxi and Limousine Tribunal within the time required by 48 RCNY Chapter 5 of the Rules of the City of New York, in which case the payment of the fines will be deferred until 30 days after the date of the appeal decision.

   (2) If the fine is not paid by the close of business on the date due, the Commission will notify the Respondent in writing that the Respondent’s License will be suspended in 10 business days of the date of the notification until the fine is paid, unless the Respondent demonstrates to the Commission, in person or in writing, that the fine has been paid.

  1. Mandatory Penalties.

   (1) The following violations incur mandatory penalties:

~

   (2) The 24-month period will be counted backward from the date of the most recent conviction.

   (3) The License of any Licensee who has five (or more) open and outstanding summonses for a 12-month period, will be revoked. The 12-month period will be counted from the date the earliest summons was issued.

§ 60A-03 Definitions Specific to this Sub-chapter.

(a) Applicant in this Sub-chapter means an Applicant for an original or renewal Paratransit Vehicle License.
  1. Base Affiliation. Each Paratransit Vehicle must be associated with a specific Paratransit Base and work only with the Base with which it is affiliated.
  2. Business Entity. A Paratransit Business Entity can be a corporation, a partnership or a limited liability company.
  3. Driver in this Sub-chapter means the Driver of a Paratransit Vehicle.
  4. Electronic Trip Record System is the hardware and software that collects and stores the data that must be recorded for each passenger trip.
  5. License in this Sub-chapter means a License for a Paratransit Vehicle.
  6. Licensee refers to a Paratransit Vehicle Owner.
  7. Rate Schedule is the Commission-approved listing of the manner in which and amount of fare that a Paratransit Vehicle Owner is permitted to charge a passenger.
  8. Vehicle refers to a Paratransit Vehicle.
  9. Vehicle Owner (or Owner) refers to a Paratransit Vehicle Owner, and can be an individual or Business Entity who:

   (1) Owns the Vehicle outright;

   (2) Is purchasing the Vehicle from a conditional vendor;

   (3) Is leasing the Vehicle; or

   (4) Is an agent or employee of any of the above and has authority to act on their behalf.

§ 60A-04 Licensing – Requirements.

Requirements (a) through (e) apply to an individual Applicant and to all of a Business Entity Applicant’s Business Entity Persons.

  1. Age. Applicants must be at least 18 years of age.
  2. Identification. Applicants for a new (original) Paratransit Vehicle License must provide both of the following:

   (1) A Valid Government photo ID.

   (2) A Valid social security number.

  1. Fingerprinting to Verify Good Moral Character.

   (1) Applicants must be of good moral character.

   (2) Applicants must be fingerprinted.

   (3) In addition, any individual and all Business Entity Persons of a Business Entity that provides funds to an Applicant must be fingerprinted, unless the provider is a licensed bank or loan company.

   (4) The Commission may waive any of this subdivision’s fingerprinting requirements.

  1. Valid Certificate of Operating Authority. Applicants must have a valid certificate of Operating Authority for the City of New York issued by the New York State Department of Transportation.
  2. Operate from Licensed Base. Applicants must demonstrate that the Vehicle will operate from a base that is Licensed unless exempted from this requirement by the Commission.
  3. Complete Application Forms. The Applicant must complete and file the required Commission application forms.
  4. Fitness to Hold License. An Applicant must demonstrate that they are Fit to Hold a License. In making this determination, the Commission will review the Applicant’s (or Licensee’s) criminal and driving records, medical and mental health records, and any history of drug or alcohol use.
  5. Own a Paratransit Vehicle. Applicants must have ownership in a Paratransit Vehicle.
  6. Vehicle Mileage Requirements. The Applicant for an original (new) License must submit a New York State Department of Transportation Form MC300, dated not more than one month from the application date, proving that the Vehicle meets the relevant mileage requirement:

   (1) On and after January 1, 2009, a vehicle must have fewer than 50,000 miles.

   (2) On and after January 1, 2010, a vehicle must have fewer than 25,000 miles.

   (3) On and after January 1, 2011, a vehicle must be of the most recent model year or the immediately preceding model year and must have fewer than 500 miles.

  1. Other Requirements Relating to the Vehicle. The Applicant must demonstrate that:

   (1) The vehicle is in safe operating condition and meets all the requirements of the Commission and all other Government agencies that have concurrent jurisdiction.

   (2) Applicant has the required vehicle liability insurance coverage by bond or policy as determined by the State of New York.

   (3) The certificate of title and the certificate of registration are in the Applicant’s name (unless title is retained by a lessor or conditional vendor).

   (4) The vehicle will not have to be retired before the end of the two-year term of the License under the terms of Vehicle Retirement established in 35 RCNY § 60A-34.

  1. Other Required Documents. In addition to copies of the certificate of title and the certificate of registration, the following documents must be filed with the application:

   (1) A copy of the motor vehicle tax stamp receipt for the Paratransit Vehicle.

   (2) A current Rate Schedule.

   (3) A New York State Department of Transportation inspection checklist.

   (4) A copy of the leasing agreement, if Applicant is leasing the vehicle.

   (5) Business Entities. An Applicant which is a Business Entity must provide the following documents:

      (i) Partnerships. If the Applicant is a partnership, it must file with its application a certified copy of the partnership certificate from the clerk of the county where the partnership’s principal place of business is located.

      (ii) Corporations. If the Applicant is a corporation, it must file with its application:

         A. A certified copy of its certificate of incorporation

         B. A list of officers and shareholders

         C. A certified copy of the minutes of the meeting at which the current officers were elected.

      (iii) Limited Liability Companies (LLCs). If the Applicant is a limited liability company, it must file with its application:

         A. A copy of its articles of organization

         B. A copy of its operating agreement

         C. A list of the members, with the percentages of the Applicant owned by each.

  1. Designate Drivers as Agents to Accept Service. The Applicant must agree that any Driver who operates one of the Owner’s Paratransit Vehicles will be considered as an agent of the Owner for purposes of accepting service of Commission notices to correct Vehicle defects.
  2. Address. An Applicant must give the Commission the Applicant’s current Mailing Address.
  3. Payment of Fines and Fees.

   (1) An Applicant, including an applicant for a renewal License, must pay, and provide proof of payment of, any outstanding fines or fees owed by the Applicant to

      (i) the Commission,

      (ii) NYC Department of Finance’s Parking Violations Bureau,

      (iii) NYC Department of Finance’s Red Light Camera Unit,

      (iv) NYS DMV’s Traffic Violations Bureau and

      (v) any of their successor agencies.

   (2) This requirement includes payment of fines and fees owed as of the date of the application by

      (i) any Business Entity Persons of the Applicant

      (ii) any Business Entity of which the Applicant is a Business Entity Person, and

      (iii) any Business Entity of which a Business Entity Person of Applicant is also a Business Entity Person.

   (3) An Applicant, including an Applicant for a renewal License, must pay any fines related to their failure to surrender a previously revoked License (of any type), unless the Applicant can demonstrate in person or in writing that the License has been surrendered.

  1. Commercial Motor Vehicle Tax.

   (1) An Applicant, including an applicant for a renewal License, must pay the Commercial Motor Vehicle Tax applicable to the Applicant’s Vehicle. If the Applicant has not made payment to the NYS DMV, the Applicant must pay the Commercial Motor Vehicle Tax to the Commission.

   (2) An Applicant who has already paid the Commercial Motor Vehicle Tax must provide proof of payment in the form of a copy of the New York State issued registration receipt.

§ 60A-05 Licensing – Terms of License.

(a) New Licenses. The term of a new Vehicle License is two years from the date it is issued.
  1. Renewals. The renewal term of a Vehicle License is two years from the date on which the previous License expired.
  2. When to File Application for Renewal.

   (1) A renewing Applicant must file a completed application at least 30 days before the expiration date of the License. The review of applications submitted fewer than 30 days before the expiration date will not be completed until after the expiration date of the License. Licenses are not Valid after the License expiration date until the application for renewal is approved by the Commission.

   (2) A renewing Applicant can file a completed application up to 60 days after the expiration date as a “late application”, if the Applicant pays a late fee of $25. When a late application is submitted, the License will remain expired and not Valid until the application for renewal is approved by the Commission.

   (3) Application Submission Date.

      (i) Applications filed online: The date of submission is the date an application is filed online.

      (ii) Applications filed in person: The date of submission is the date an application is filed in person.

   (4) A License cannot be renewed more than 60 days after the expiration date.

  1. Suspended Licenses.

   (1) If a License is suspended, the Licensee must apply for renewal as required in subdivision (c) of this section to renew the License. Failure to complete the renewal requirements means that the License cannot be renewed.

   (2) A License that is suspended is not Valid and cannot be used until the suspension ends. This is true even if the Applicant has filed an application for a renewal.

§ 60A-06 Licensing – License and Administrative Fees.

(a) Fee for License. The fee for a Vehicle License will be $275 annually.
  1. License Replacement Fee. The Commission will charge an additional fee of $25 for a each License it issues to replace a lost or mutilated License.
  2. Late Filing Fee. The Commission will charge an additional fee of $25 for a late filing of a renewal application, if it allows the filing at all.
  3. No Refund if Application Denied. The Commission will not refund fees if it denies or disapproves an application.
  4. Vehicle Transfer Fees.

   (1) A Vehicle Licensee can change the Vehicle’s affiliation from one Paratransit Base to a different Paratransit Base after approval by the Chairperson and payment of a $25 fee.

   (2) A Vehicle Licensee can transfer the License from one vehicle to another after approval by the by the Chairperson and payment of a $25 fee.

   (3) A Vehicle Licensee can replace the license plates on the Vehicle after approval by the Chairperson and payment of a $25 fee.

   (4) A Vehicle Licensee can transfer the license plates from one vehicle to another after approval by the Chairperson and payment of a $25 fee.

   (5) A Vehicle Licensee must pay a separate fee for each type of vehicle transfer. This is true even if the Vehicle Licensee wants to do several types of vehicle transfer all at one time.

  1. Commercial Motor Vehicle Tax.

   (1) For Licenses Issued on or after June 1, 2012 if Tax NOT paid to NYS DMV.

      (i) The Commercial Motor Vehicle Tax for each Vehicle will be $800, to be paid with the application for the license.

      (ii) No additional payment will be required for any replacement Vehicle during the renewal License Period.

      (iii) If the Applicant paid the Commercial Motor Vehicle Tax directly to NYS DMV, this paragraph does not apply.

   (2) At License Renewal for Licenses Expiring on or after June 1, 2012, if Tax NOT paid to NYS DMV.

      (i) The Commercial Motor Vehicle Tax for each Vehicle will be $800 for each renewal License period. The tax must be paid with the renewal application.

      (ii) No additional payment will be required for any replacement Vehicle during the renewal License Period.

      (iii) If the Applicant paid the Commercial Motor Vehicle Tax directly to NYS DMV, this paragraph does not apply.

   (3) Interim Payments for licenses expiring on or after June 1, 2012 and before June 1, 2014 if Tax NOT paid to NYS DMV. An interim payment of Commercial Motor Vehicle Tax is due on June 1, 2012 for licenses expiring on or after June 1, 2012 and before June 1, 2014, provided that the Vehicle Licensee has not paid the Commercial Motor Vehicle Tax to the NYS DMV.

      (i) The amount of the interim payment is:

If a license expires during: The licensee must make an interim payment of:
June, July or August 2012 $100
September, October or November 2012 $200
December 2012, January 2013 or February 2013 $300
March, April or May 2013 $400
June, July or August 2013 $500
September, October or November 2013 $600
December 2013, January 2014 or February 2014 $700
March, April or May 2014 $800

~

   (4) Refunds.

      (i) The Commission will not refund any payment of the Commercial Motor Vehicle Tax.

      (ii) Applications for refunds, including but not limited to refunds upon transfer, surrender or termination, must be made to the NYC Department of Finance. The application will be reviewed in accordance with the Administrative Code and the Rules of the NYC Department of Finance.

§ 60A-07 Licensing – Causes for Denial.

(a) Failure to Meet the Requirements. The Commission will deny an application for a new or renewed License if the Applicant fails to meet the requirements.
  1. No Longer Meets Requirements. The Commission will deny a Licensee’s renewal application or suspend or revoke a License if the Commission learns that the Vehicle Owner no longer meets the licensing requirements.
  2. Material Misrepresentation or Falsification. The Commission will deny a Paratransit License application and may suspend or revoke a renewal application, and can impose other sanctions if the Applicant:

   (1) Fails to notify the Commission of any material change in the information contained in the application;

   (2) Attempts to conceal the identity of a party who has an interest in the ownership of a Paratransit Vehicle; or

   (3) Lies or misrepresents any information in the application.

  1. Prior License Revocation. The Commission will not issue any License to any individual or Business Entity that has had its license revoked until at least one year following the date of the revocation.
  2. Misleading Trade Name. The Commission will not issue a License to a Business Entity with a corporate or trade name similar to a name already in use by another Paratransit Vehicle Owner.
  3. Failure to Complete Application Requirements.

   (1) The Chairperson will deny an application for a new License if the Applicant has not completed all the requirements of an application within 45 days of the date the application is filed.

   (2) The Chairperson will deny an application for a renewal License if the Applicant has not completed all the requirements of an application within 60 days of the expiration date of the prior License.

   (3) The Chairperson will not deny an application under this Rule if completion is delayed because the Chairperson has not issued a final decision and the Applicant has complied with any requests made by the Chairperson.

  1. Additional Consideration of an Application. If a review of the application leads the Chairperson to believe that the Applicant may not be Fit to Hold a License, the Chairperson may seek additional information from the Applicant. This request for additional information may be an in-person interview, telephone call, letter, e-mail, or other method of communication. This additional consideration may result in the denial of the application. Failure to provide any requested information within the time frame requested, or failure to appear at a scheduled interview will result in a denial of the application.
  2. Commercial Motor Vehicle Tax.

   (1) The Commission will deny an application, including a renewal application, if the Applicant owes the Commercial Motor Vehicle Tax required under subdivision (b) of 35 RCNY § 60A-13 on any Vehicle subject to the application.

   (2) Payment of the Commercial Motor Vehicle Tax amount described in paragraph (1) of this subdivision is a condition to issuance of a License, including a renewal License, and the maintaining of such License.

§ 60A-08 Licensing – Process upon Denial.

(a) Denial of Application. If the Commission denies the application for a Paratransit Vehicle License or its renewal, the Applicant will be notified, in writing, of the reason(s) for the denial.
  1. [Repealed.]

§ 60A-09 Licensing – Care of Licenses.

(a) Unauthorized Changes to License. A Vehicle Owner must not make any unauthorized entry on a Paratransit Vehicle License or change, deface, conceal, obliterate or render any entry on that License unreadable.

~

  1. Surrender of Unreadable License. A Vehicle Owner must immediately surrender an unreadable Paratransit Vehicle License to the Commission to obtain a legible replacement.

~

  1. Surrender Upon Suspension or Revocation. A Vehicle Owner must surrender a suspended or revoked License it to the Commission within 48 hours of the suspension or revocation.

~

  1. Report of Lost, Stolen, or Destroyed License.

   (1) A Vehicle Owner must notify the Commission and the Police Department within 48 hours (not including weekends and holidays) of the theft, loss or destruction of a Paratransit Vehicle License.

   (2) The Vehicle Owner must also furnish the Commission with an affidavit or other information as may be required, including the police receipt number.

   (3) A substitute Paratransit Vehicle License will be issued by the Commission.

~

  1. Report of Plate Replacement. A Vehicle Owner must notify the Commission within 48 hours (not including weekends and holidays) after replacing the Vehicle’s New York State license plates.

~

§ 60A-10 Compliance with Laws – Unlicensed Activity.

(a) Vehicle Must Be Licensed. A Vehicle Owner must not allow a vehicle to be dispatched or operated if the vehicle does not have a Valid Paratransit Vehicle License from the Commission.

~

  1. Driver Must Have a Paratransit License. A Vehicle Owner must not allow a Vehicle to be dispatched or operated by a driver who does not have a Valid Paratransit Driver’s License.

~

  1. Drivers Must Have State Driver’s License. A Vehicle Owner must not allow a Vehicle to be dispatched or operated by a driver who does not have a Valid state driver’s license.

~

  1. Compliance with § 5-09(d). A Vehicle Owner must not allow a Vehicle to be dispatched or operated by a driver who has not complied with § 5-09(d) of Article 19-A of the New York State Vehicle and Traffic Law (setting forth certain requirements for bus drivers).

~

  1. Base Must be Licensed. A Vehicle Owner must not dispatch or allow to be dispatched any Paratransit Vehicle from a base that does not have a Valid License, unless it has been exempted by the New York State Department of Transportation.

~

  1. Advertising of Unlicensed Paratransit Service. A Vehicle Owner whose License is not Valid may not advertise or claim to offer “Paratransit Service” or any comparable service.

~

  1. Activity After License Expiration. Any activity to provide paratransit service after the Vehicle License has expired and before a renewal License has been issued is considered “unlicensed activity” and is subject to the penalties in these Rules and in the Administrative Code.

§ 60A-11 Compliance with Law – Vehicle Insurance.

(a) Maintain Liability Insurance.

   (1) A Vehicle Owner must maintain at least the minimum amount of liability insurance required by the NYS Department of Transportation for each Vehicle owned by Owner.

   (2) A Vehicle Owner must comply with all New York State Laws regarding this coverage.

~

  1. Submit Proof of Insurance.

   (1) A Vehicle Owner must submit annual proof of liability insurance coverage to the Commission on or before the 15th day of January of each year.

   (2) Proof must include the name and address of the carrier and the insurance policy number for each Paratransit Vehicle owned.

~

  1. Notify Commission of Cancellation or Change of Carrier. A Vehicle Owner must notify the Commission, in writing, within 72 hours after receiving notice of:

   (1) Cancellation of the required liability insurance;

   (2) Change of insurance carrier; or

   (3) Change in the policy number.

~

  1. Surrender License on Loss or Termination of Insurance. A Vehicle Owner must surrender the Paratransit Vehicle License to the Commission prior to or on the termination date of the liability insurance unless:

   (1) The Owner is not notified, or

   (2) The Owner obtains new insurance effective on the termination date of the old policy.

~

§ 60A-12 Compliance with Laws – Proper Conduct.

(a) Bribery. A Vehicle Applicant or Licensee must not offer or give any gift, gratuity or thing of value to any employee, representative or member of the Commission or any other public servant.

~

  1. Failure to Report Bribery. A Vehicle Owner must immediately report to the Commission any request or demand for a gift, gratuity or thing of value by any employee, representative or member of the Commission or any other public servant.

~

  1. Fraud, Theft. While performing the duties and responsibilities of a Vehicle Owner, a Licensee must not commit or attempt to commit, any act of fraud, misrepresentation or theft.

~

  1. Willful Acts of Omission. While performing the duties and responsibilities of a Vehicle Owner, a Licensee must not deliberately fail to perform, alone or with another, any act where this failure is against the best interests of the public.

~

  1. Willful Acts of Commission. While performing the duties and responsibilities of a Vehicle Owner, a Licensee must not deliberately perform or attempt to perform, alone or with another, any act that is against the best interests of the public.

~

  1. Threats, Harassment, Abuse. While performing the duties and responsibilities of a Vehicle Owner, a Licensee must not threaten, harass, or abuse any person.

~

  1. Use or Threat of Physical Force. While performing the duties and responsibilities of a Vehicle Owner or any act in connection with those duties, a Licensee must not use or attempt to use any physical force against a person or Service Animal.

~

  1. Notice of Criminal Conviction.

   (1) A Vehicle Owner must notify the Commission within 15 calendar days after any criminal conviction of the Licensee, individually or, if the Licensee is a Business Entity, of any Business Entity Person.

   (2) The notice must be in writing and must be accompanied by a certified copy of the certificate issued by the clerk of the court explaining what happened as a result of the conviction.

~

  1. Failure to Cooperate with Commission Enforcement.

   (1) A Vehicle Owner must cooperate with all Commission enforcement officers and all authorized representatives of the Commission.

   (2) Cooperation includes, but is not limited to, responding to a request for the Licensee’s name, License number, and any documents Licensee is required to have in his or her possession.

~

  1. Failure to Cooperate with the Commission.

   (1) A Vehicle Owner must promptly and truthfully answer all questions and comply with all communications, directives, and summonses issued by the Commission or its representatives.

~

   (2) A Vehicle Owner must respond to any contact from the Commission within forty-eight hours, seven days a week.

~

  1. Courtesy. Vehicle Owners must be courteous toward passengers and the general public, including Commission personnel, while performing their duties and responsibilities as Licensees.

~

  1. Unlawful Uses of Vehicle or Garage. A Vehicle Owner must not use or permit another person to use his or her Paratransit Vehicle or garage for any unlawful purpose and must immediately report to the police any criminal use or attempt thereof involving the Vehicle or Base.

~

  1. Facilitation of Sex Trafficking with a Vehicle. A Licensee must not Facilitate Sex Trafficking with a Vehicle.

~

  1. Retaliation.

   (1) A Paratransit Vehicle Owner must not retaliate against any Driver for making a good faith complaint against any Owner.

   (2) Retaliation will be broadly construed, and will include imposing any adverse condition or consequence on the Driver or withholding or withdrawing any beneficial condition or consequence from the Driver.

~

§ 60A-13 Compliance with Laws – Miscellaneous.

(a) Compliance with Laws, Rules and Regulations. A Vehicle Owner must comply with the Commission's Paratransit Vehicle Specifications and all other pertinent laws, rules or regulations governing Vehicle Owners.

~

  1. Commercial Motor Vehicle Tax.

   (1) An Owner must pay the Commercial Motor Vehicle Tax due as described in paragraphs (2) and (3) of this subdivision on an Owner’s Vehicle as and when required by the Commission in these Rules.

   (2) An Owner must pay the amounts required in subdivision (f) of 35 RCNY § 60A-06, including interim payments, if any.

   (3) An Owner must also pay any additional Commercial Motor Vehicle Tax amount for any tax year or period which the New York City Department of Finance has notified the Commission is due and unpaid.

~

§ 60A-14 Operations – Business Premises. [Reserved]

(a) Timely Pickups. Vehicle Owners must schedule the daily trips as efficiently as possible, to avoid unreasonably late pickups and missed trips.

~

  1. Notify Passenger of Delay. If a pickup is unreasonably delayed or cancelled, the Vehicle Owner (or Base Owner) must promptly notify the waiting passenger.

~

  1. Monitor Drivers’ Behavior. Vehicle Owners must monitor the behavior and conduct of the Drivers toward the passengers, investigate complaints, and take appropriate action to resolve the complaints.

~

  1. Unauthorized Refusal to Provide Transportation. A Vehicle Owner must not refuse by words, gestures or any other means, to provide transportation to any orderly person who has prearranged the trip and the destination is within New York City, unless:

   (1) There is no Vehicle then available for the requested transportation; or

   (2) There is a justification for refusing that is listed in 35 RCNY § 56-20(b) of the Paratransit Driver’s chapter.

~

§ 60A-17 Operations – Owners’ Responsibilities with Respect to Drivers.

(a) Training for Paratransit Drivers. A Vehicle Owner must ensure that every Driver is trained how to properly and safely:

   (1) Assist any Person with a Disability or other passenger in and out of a Paratransit Vehicle

~

   (2) Utilize the wheelchair ramp, the fastening devices, and any other safety precautions or devices contained in the Vehicle.

~

§ 60A-18 Records – Trip Record Information.

(a) Trip Sheet. All Paratransit Vehicles must be equipped with an Electronic Trip Sheet that shows the following information:

   (1) The Paratransit Driver’s License number.

   (2) The Paratransit Vehicle’s state license plate number.

   (3) The date and time of pick-up of each passenger.

   (4) The date and time of drop-off of each passenger.

   (5) The locations of pick-ups and drop-offs.

   (6) Any other entries required by the Commission and local, state or federal law.

~

  1. Contemporaneous Recording. The specific information about each trip must be collected and recorded when it occurs.
  2. Transmit Monthly. All data required under subdivision (a) above must be electronically transmitted to the Commission on a monthly basis.

~

  1. Re-Write of Trip Record Prohibited. A Vehicle Owner must not rewrite a Trip Record in whole or in part, without prior Commission approval.

~

  1. Correcting Electronic Trip Sheets.

   (1) The Vehicle Owner must ensure that all necessary corrections and additions are made to the Trip Sheet.

   (2) The electronic Trip Record data collected in the Paratransit Vehicle must not be erased, deleted, altered, changed or obliterated.

~

  1. Hand-written Trip Sheets.

   (1) In the event that the electronic Trip Record equipment malfunctions, hand-written Trip Sheets showing the same information required in subdivision (a) above, must be used during the period the Vehicle is permitted to operate (see 35 RCNY § 60A-33(c)).

   (2) The Vehicle Owner must not allow a Vehicle to be dispatched until the Owner has signed his or her name to the hand-written Trip Sheet.

~

   (3) At the end of a Driver’s shift, the Vehicle Owner must examine any hand-written Trip Record and must enter the date and time in ink.

   (4) The Vehicle Owner must also enter and sign a statement indicating that the Driver’s entries have been examined.

~

  1. Correcting Mistakes on Hand-Written Trip Sheets.

   (1) The Vehicle Owner must correct wrong entries on a written Trip Record (or any other written records Owner is required to maintain) by drawing a single line through the incorrect entry and initialing the correction.

   (2) A Vehicle Owner must not make erasures or obliterate or omit any essential information.

~

§ 60A-19 Records – Current Contact Information.

(a) Current Mailing Address and E-mail Address.

   (1) A Paratransit Vehicle Owner must have a current E-mail Address at all times.

   (2) The Mailing Address for a Paratransit Vehicle Owner must be either a designated post office box, or one of the following:

      (i) The home address for an individual Vehicle Owner

      (ii) A partner’s home address for a partnership Licensee

      (iii) The address of the secretary of the corporation for a corporate Licensee.

   (3) A Paratransit Vehicle Owner must report any change of Mailing Address or E-mail Address to the Commission in person or by mail within ten days.

~

   (3) Any communication from the Commission is sufficient if sent to the last Mailing Address provided by the Paratransit Vehicle Owner.

  1. 24-hour Communication Device.

   (1) A Vehicle Owner must maintain a current telephone number on file with the Commission.

   (2) This number must be connected to an answering machine or must be a pager number, answering service number or something similar that allows the Commission to contact the Vehicle Owner on a 24-hour basis.

~

§ 60A-20 Records – Additional Records to be Maintained.

(a) Financial and Operational Records. A Vehicle Owner must maintain complete financial and other operational records for a period of three years. The records must be available to the Commission for inspection and must include the following:

   (1) Vehicle liability insurance coverage

   (2) Any other documents specifically prepared in connection with the operation of a Paratransit Vehicle.

~

§ 60A-21 Reporting Requirements.

(a) Give Drivers Access to Records for Reporting. A Vehicle Owner must make available to a Driver any records that the Vehicle Owner is required to maintain, if a Driver is required to bring those records to the Commission or any other Government agency.

~

  1. Lost Property.

   (1) A Vehicle Owner must look inside the Paratransit Vehicle after each work shift for anything passengers have forgotten.

   (2) If property is found and the rightful owner is known or can be easily determined, the Vehicle Owner must notify the rightful owner within a reasonable time.

   (3) If the rightful owner cannot be determined, the lost property must be taken without delay to the police precinct where the garage is located.

~

  1. Lost Property Notification. The Vehicle Owner must promptly inform the Commission of any property found and taken to a police precinct.
  2. Notification of Change of Status. A Vehicle Owner must report any important changes, including any changes regarding Vehicle ownership, title, financing and registration, to the Commission within 72 hours.

~

§ 60A-22 Operations – Rates and Tolls.

(a) Overcharges.

   (1) A Vehicle Owner must not charge or attempt to charge a fare above the approved rate of fare currently filed with the Commission.

   (2) A Vehicle Owner must not impose or attempt to impose any additional charge for transporting a Person with a Disability, a service animal accompanying a Person with a Disability, or a wheelchair or other mobility aid.

~

§ 60A-23 Operations – E-ZPass. [Reserved]

(a) Inspection of Paratransit Vehicles.

   (1) A Vehicle Owner is responsible for ensuring that all repairs discovered by the Base Owner during Base Owner’s inspection are made before allowing a Driver to operate the Vehicle.

~

   (2) The Commission can inspect any Vehicle at any time.

  1. Approved Paratransit Vehicles. A Vehicle Owner must only allow vehicles that have been inspected and approved by the New York State Department of Transportation to be dispatched.

~

  1. Compliance with NYSDOT Rules. A Vehicle Owner must comply with the New York State Department of Transportation regulations and inspection requirements and schedules.

~

§ 60A-26 Vehicle Condition – Safety.

(a) Compliance with Notices to Correct Defects. A Vehicle Owner must comply with all Commission notices, summonses, and directives to correct defects in a Paratransit Vehicle.

~

  1. Timely Repairs. A Vehicle Owner must make all repairs or alterations that the New York State Department of Transportation requires to meet its specifications or to maintain proper standards of safety and comfort. These repairs or alterations must be made within the time period given by the state inspectors.

~

  1. Replacement of Unsafe or Unfit Vehicles.

   (1) A Vehicle Owner must replace a Paratransit Vehicle when the New York State Department of Transportation determines that the Vehicle is unsafe or unfit for use as a Paratransit Vehicle and directs the Owner to remove it from service immediately.

   (2) If a Vehicle Owner fails to replace the Vehicle within 120 days of notice, the Commission will consider it as abandonment of the Paratransit Vehicle License and the Commission can initiate revocation proceedings.

~

  1. Handling of Infectious Disease.

   (1) Handling Passengers with Infectious Diseases. Owners and Drivers must obey all Government laws, rules and regulations, regarding the handling of passengers with infectious diseases.

~

   (2) Compliance with Rules. Owners must obey all Government laws, rules and regulations, regarding what must be provided to the Driver or passengers when transporting passengers with infectious diseases (e.g. masks, gloves, etc.).

~

   (3) Protective Clothing. The Vehicle Owner must provide protective clothing, (goggles, gloves, gowns, and masks) to any employee who disinfects the Vehicle.

~

   (4) Cleaning of Vehicle after Transportation.

      (i) Owners and Drivers must obey all Government laws, rules and regulations, regarding the cleaning of Paratransit Vehicles after transporting passengers with infectious diseases and the disposal of contaminated materials.

      (ii) An appropriate disinfectant solution (according to the New York City Emergency Medical Service and the New York State Department of Health) is:

         A. One (1) part sodium hypochlorite solution (bleach) to nine (9) parts water.

         B. Fill the bucket with water first and then add the solution.

         C. This solution is incompatible with acids, organic material or reducing agents; NEVER mix this solution with hydrogen peroxide, ammonia or any other cleansing agent.

~

   (5) Stretchers and Linens.

      (i) If a stretcher is contaminated, clean and disinfect by wiping.

      (ii) If it is saturated, dispose of it in an appropriate manner.

      (iii) Dispose of any contaminated linen.

      (iv) Dispose of contaminated material by placing the items in a buff-colored impervious plastic bag, seal the bag, tag it as “contaminated” and dispose of the material in the manner approved at a local hospital.

~

   (6) Gross Contamination. In the case of gross contamination where the Vehicle is saturated or encrusted, the Vehicle must be sterilized through the use of steam gas or liquid agents.

~

§ 60A-27 Vehicle Condition – Miscellaneous.

(a) Clean, Painted, Good Appearance. A Vehicle Owner must keep all Paratransit Vehicles clean, well-painted and in good appearance.

~

§ 60A-28 Vehicle – Markings and Advertising.

(a) Vehicle Specifications and Markings. A Vehicle Owner must comply with the markings specifications for Paratransit Vehicles.

~

  1. Remove Markings Before Selling. A Vehicle Owner is responsible for removing all official markings when selling or disposing of a Paratransit Vehicle, unless the Owner obtains Commission approval in approved transfers.

~

  1. Required ID Marking. A Valid Commission decal must be attached to the Vehicle in a plainly visible location when a License is granted, renewed, or whenever else a new decal is required. The Commission can require the vehicle to be presented at a Commission facility so that Commission staff can attach the decal. The Vehicle Owner must also put the company name, trade name and other vehicle identification markings required by the Commission or New York State Law.

~

  1. Commercial Use Tax Stamp. A Vehicle Owner must attach a commercial use motor vehicle tax stamp to the lower right side of the Vehicle windshield, so that it is plainly visible.

~

  1. Unauthorized Advertising. A Vehicle Owner may not display advertising on the exterior or interior of a Paratransit Vehicle unless the Vehicle Owner has first obtained Commission authorization.

~

  1. Required Sticker. Each Paratransit vehicle must display an internal safety sticker, with the following inscription: “Turning? People are Crossing.” The dimensions of the sticker are 3.5 inches wide by 2.5 inches high. The sticker must be obtained pursuant to the instructions on the Commission’s website or through other appropriate means announced on the website. The sticker must be placed in the Vehicle as follows:

   (1) On the inside of the front windshield, in the center and adjacent to the top of the windshield directly behind the rearview mirror.

   (2) In such a manner not to obstruct the driver’s view.

~

  1. Optional Sticker. Paratransit vehicles may display an optional external sticker, with the following inscription: “The choices you make behind the wheel matter.” The dimensions of the sticker are 15 inches wide by 4 inches wide. The sticker may be obtained pursuant to the instructions on the Commission’s website or through other appropriate means announced on the website. If displayed, the sticker must be placed on the Vehicle as follows:

   (1) On the rear bumper of the vehicle.

  1. Required Sticker. Each Paratransit Vehicle must display an internal safety sticker, with the following inscription: “ATTENTION: Assaulting A Driver Is Punishable By Up to Twenty-Five Years in Prison.” The dimensions of the sticker are 8.0 inches wide by 2.0 inches high. The sticker must be obtained pursuant to the instructions on the Commission’s website or through other appropriate means announced on the website. The sticker must be placed in the Vehicle as follows:

   (1) In a frame on the passenger seat headrest.

~

  1. Optional Sticker. Each Paratransit Vehicle may display an external safety sticker, with the following inscription: “Taxi and Limousine Drivers Are Protected By New York State Law ATTENTION: Assaulting A Driver Is Punishable By Up to Twenty-Five Years in Prison.” The dimensions of the sticker are 3.5 inches wide by 3.5 inches high. The sticker may be obtained pursuant to the instructions on the Commission’s website or through other appropriate means announced on the website. The sticker must be placed in the Vehicle as follows:

   (1) Exterior, on a door or a side window.

  1. Required Decal. Each Paratransit Vehicle with Hearing Induction Loop capability must display a Hearing Induction Loop Decal. The decal will feature the International Symbol of Access for Hearing Loss, described as the profile of an ear with a wide diagonal line running from the bottom left to the top right. The symbol contrast shall be light on dark or dark on light. A “T” will be placed in the lower right-hand corner of the decal. The decal will be placed as follows:

   (1) As directed by the Chairperson.

~

§ 60A-29 Vehicle – Documents Required in Vehicle.

(a) A Vehicle Owner may only permit the operation and the dispatch of a Paratransit Vehicle when the following are present in the Vehicle:

   (1) The Driver’s written Trip Record.

   (2) The Driver’s Paratransit Driver’s License.

   (3) A copy of the registration certificate.

   (4) A copy of the Paratransit Vehicle License.

   (5) A copy of the individual vehicle insurance card.

   (6) A copy of the lease card or agreement, if any.

   (7) All required notices.

   (8) A two-way radio, if the Paratransit Base Owner uses a radio system.

   (9) An electronic Trip Record system.

   (10) A copy of the receipt issued by the Commission, if any, or other proof of payment of the Commercial Motor Vehicle Tax.

~

§ 60A-30 Vehicle – Equipment.

(a) Only Authorized Equipment.

   (1) A Vehicle Owner must allow the dispatch only of Paratransit Vehicles outfitted with equipment and devices specifically required by the Vehicle and Traffic Laws and by the Commission for use in Paratransit Vehicles.

   (2) The Commission has the authority to approve equipment and devices other than those described in paragraph (1) upon the request of the Vehicle Owner.

   (3) Owner does not need Commission approval to install additional mobility devices such as grab bars or non-slip flooring.

~

§ 60A-31 Vehicle Equipment – Partitions. [Reserved]

(a) Must Be Installed. A Vehicle Owner must install Electronic Trip Record Systems in all Paratransit Vehicles owned by Owner.

~

  1. Must Be in Good Working Order. A Vehicle Owner must not allow a Paratransit Vehicle to be dispatched unless the Electronic Trip Record System in the Vehicle is in good working order.

~

  1. System Malfunction.

   (1) If the Electronic Trip Record System malfunctions, the Vehicle Owner must have the system repaired or replaced within three (3) business days after the malfunction is reported to the Commissions Safety and Emissions facility.

   (2) A Vehicle Owner can dispatch a Paratransit Vehicle in which the Electronic Trip Record System does not work, only:

      (i) For three business days after the malfunction was reported to Safety and Emissions.

      (ii) If a hand-written Trip Record is used in place of the Electronic Trip Record.

§ 60A-34 Vehicle Retirement Dates.

(a) On and after January 1, 2009, all Paratransit Vehicles that are of model year 2000 or earlier must be retired from Paratransit service no later than the expiration dates of their Paratransit Vehicle Licenses.
  1. On and after January 1, 2010, all Paratransit Vehicles that are of model year 2002 or earlier must be retired from paratransit service no later than the expiration dates of their Paratransit Vehicle Licenses.
  2. On and after January 1, 2011, all Paratransit Vehicles that are of model year 2004 or earlier must be retired from paratransit service no later than the expiration dates of their Paratransit Vehicle Licenses.
  3. On and after January 1, 2012, all Paratransit Vehicles must be retired no later than seven years after the Vehicle was first licensed.
  4. Mandatory Retirement.

   (1) A Paratransit Vehicle that cannot pass the New York State Department of Transportation inspection must be retired, regardless of whether its retirement date has been reached.

   (2) A Paratransit Vehicle which has reached its retirement date must be retired, regardless of whether it may still pass the New York State Department of Transportation inspection.

  1. Extension of Time for Retirement.

   (1) A Vehicle Owner can request an extension of a Vehicle’s retirement date.

   (2) Any request for an extension of the retirement date must be made at least two months before that date.

   (3) The extension request must include documentation demonstrating that:

      (i) A new vehicle has been ordered.

      (ii) The new vehicle will not be delivered until after the retirement date.

      (iii) The new vehicle will be delivered no later than 60 days after the retirement date.

   (4) If the Vehicle Owner’s documentation is complete and accurate, the retirement date of the Vehicle will be extended to the projected delivery date of the new vehicle. The Chairperson may confirm the completeness and accuracy of the documentation.

Subchapter 60B: Paratransit Base Station Owners

§ 60B-01 Scope of this Sub-chapter.

(a) To establish the procedures and requirements for obtaining and maintaining a Paratransit Base Station Owner's License.
  1. To provide penalties for violation of the requirements of maintaining a Paratransit Base Station Owner’s License.

§ 60B-02 Penalties.

(a) Unlicensed Activity.

   (1) Unlicensed Activity is the act of providing or advertising the provision of any Commission-regulated for hire transportation service by:

      (i) Any Licensee whose License is suspended, revoked, or expired and not yet renewed, or

      (ii) Any person who does not hold a Valid License or Authorization from the Commission as a for hire driver, for the for hire vehicle, or for the for hire service, as applicable.

   (2) Unlicensed Activity specifically includes the activities listed in § 19-506 and § 19-528 of the Administrative Code, and can subject the violator to the seizure and possible forfeiture of the vehicle involved.

  1. Specific Penalties. If there are specific penalties for violating a Rule, they are shown at the end of the Rule. The penalty section also states whether the violator must attend the Hearing.
  2. Payment of Fines.

   (1) Fines are due not later than 30 days after the Respondent is found guilty of or pleads guilty to the violation, unless:

      (i) the Respondent files an appeal of the decision issued by the Taxi and Limousine Tribunal within the time required by 48 RCNY Chapter 5, in which case the payment of the fines will be deferred until 30 days after the date of the appeal decision.

   (2) If the fine is not paid by the close of business on the date due, the Commission will notify the Respondent in writing that the Respondent’s License will be suspended in 10 business days of the date of the notification until the fine is paid, unless the Respondent demonstrates to the Commission, in person or in writing, that the fine has been paid.

  1. Mandatory Penalties. The following violations incur mandatory penalties:

   (1) The following violations incur mandatory penalties:

~

   (2) The 24-month period will be counted backward from the date of the most recent conviction.

   (3) The License of any Licensee who has five (or more) open and outstanding summonses for a 12-month period, will be revoked. The 12-month period will be counted from the date the earliest summons was issued.

§ 60B-03 Definitions Specific to this Sub-chapter.

(a) Applicant in this Sub-chapter means an Applicant for an original or renewal Paratransit Base Station License.
  1. [Reserved.]
  2. Base Affiliation. Each Paratransit Vehicle must be associated with a specific Paratransit Base and work only with the Base with which it is affiliated.
  3. Base (or Base Station) refers to Paratransit Base Station.
  4. Base Owner (or Owner) refers to the owner of a Paratransit Base Station.
  5. Business Entity. A Paratransit Business Entity can be a corporation, a partnership or a limited liability company.
  6. Driver in this Sub-chapter means the Driver of a Paratransit Vehicle.
  7. Electronic Trip Record System is the hardware and software that collects and stores the data required to be collected and kept for each passenger trip.
  8. License in this Sub-chapter means a License for a Paratransit Base Station.
  9. Licensee refers to a Paratransit Base Station Licensee.
  10. Rate Schedule is the official list of rates and rules concerning the rates that a Paratransit Base Station is permitted to charge a passenger.
  11. Trip Record (or Trip Sheet) refers to the hand-written or electronic collection of data that is required to be kept for each passenger trip.
  12. Vehicle refers to a Paratransit Vehicle.

§ 60B-04 Licensing – General Requirements.

(a) Identification. An individual Applicant or an Applicant's Business Entity Persons applying for a new (original) Base Station License must provide both of the following:

   (1) A Valid Government photo ID

   (2) A Valid social security number.

  1. Fingerprinting. The Applicant and all corporate officers and active stockholders of a corporate Applicant must be fingerprinted at the Commission.
  2. Complete Application Forms. The Applicant must complete and file the required application forms.
  3. Requirements concerning Paratransit Vehicles.

   (1) The application for a Base License must be accompanied by at least one Paratransit Vehicle License application.

   (2) The Applicant must ensure that any affiliated Paratransit Vehicle being licensed for the first time submits a New York State Department of Transportation Form MC300, dated within one month of the application date, proving that the Vehicle meets the relevant mileage requirement:

      (i) On and after January 1, 2009, a vehicle must have fewer than 50,000 miles.

      (ii) On and after January 1, 2010, a vehicle must have fewer than 25,000 miles.

      (iii) On and after January 1, 2011, a vehicle must be of the most recent model year or the immediately preceding model year and must have fewer than 500 miles.

  1. Additional Documents Required.

   (1) A copy of the Applicant’s New York State Department of Transportation Certificate of public convenience and necessity to operate as a common carrier of passengers by motor vehicle (operating authority).

   (2) The copy of the current Rate Schedule.

   (3) Business Entities. An Applicant which is a Business Entity must provide the following documents:

      (i) Partnerships. If the Applicant is a partnership, it must file with its application a certified copy of the partnership certificate from the clerk of the county where the partnership’s principal place of business is located.

      (ii) Corporations. If the Applicant is a corporation, it must file with its application:

         A. A certified copy of its certificate of incorporation

         B. A list of officers and shareholders

         C. A certified copy of the minutes of the meeting at which the current officers were elected.

      (iii) Limited Liability Companies (LLCs). If the Applicant is a limited liability company, it must file with its application:

         A. A copy of its articles of organization

         B. A copy of its operating agreement

         C. A list of the members, with the percentages of the Applicant owned by each.

  1. Additional Requirements. An Applicant for a Base Station License must show that:

   (1) The Base will be located on commercial property or other appropriately-zoned location unless the Base will operate no more than four (4) vehicles, in which case it can be maintained at the Base Owner’s residence.

   (2) The Base will be maintained as a separate entity.

   (3) The Base will maintain outside advertising identifying the premises as a Paratransit Base Station and providing its business name and phone number.

  1. Payment of Fines and Fees.

   (1) An Applicant, including an applicant for a renewal License, must pay, and provide proof of payment of, any outstanding fines or fees owed by the Applicant to

      (i) the Commission,

      (ii) NYC Department of Finance’s Parking Violations Bureau,

      (iii) NYC Department of Finance’s Red Light Camera Unit,

      (iv) NYS DMV’s Traffic Violations Bureau and

      (v) any of their successor agencies.

   (2) This requirement includes payment of fines and fees owed as of the date of the application by

      (i) any Business Entity Persons of the Applicant

      (ii) any Business Entity of which the Applicant is a Business Entity Person, and

      (iii) any Business Entity of which a Business Entity Person of Applicant is also a Business Entity Person.

   (3) An Applicant, including an Applicant for a renewal License, must pay any fines related to their failure to surrender a previously revoked License (of any type), unless the Applicant can demonstrate in person or in writing that the License has been surrendered.

  1. Address. An Applicant must give the Commission the Applicant’s current Mailing Address and Email Address.
  2. Fit to Hold License. An Applicant, including all persons who must be fingerprinted as specified by paragraph (b) of this section, must demonstrate that they are Fit to Hold a License to operate a Base Station.

§ 60B-05 Licensing – Term of License.

(a) New Licenses. The term of a new Base License is three years.
  1. Renewals. The renewal term of a Base License is three years from the date on which the previous License expired.
  2. When to File Application for Renewal.

   (1) A renewing Applicant must file a completed application at least 60 days before the expiration date of the License.

   (2) Application Submission Date.

      (i) Applications filed online: The date of submission is the date an application is filed online.

      (ii) Applications filed by mail: The date of submission is the postmark date.

      (iii) Applications filed in person: The date of submission is the date an application is filed in person.

   (3) The Commission will not accept a renewal application after the expiration date of the License. If the application is not filed before the expiration date, the License cannot be renewed.

  1. Suspended Licenses.

   (1) If a License is suspended, the Licensee must apply for renewal as required in (c) above if the Licensee wants to renew the License. Failure to complete the renewal requirements means that the License cannot be renewed.

   (2) A License that is suspended is not Valid and cannot be used until the suspension ends. This is true even if the Applicant has filed an application for a renewal.

§ 60B-06 Licensing – License and Administrative Fees.

(a) Fee for License. The fee for a Paratransit Base License is $500 annually.
  1. License Replacement Fee. The Commission will charge an additional fee of $25 for each License it issues to replace a lost or mutilated License.
  2. When Fee is Paid. The fee for an original or renewal License must be paid at the time the application is filed.
  3. No Refund if Application Denied. The Commission will not refund fees if it denies or disapproves an application.

§ 60B-07 Licensing – Causes for Denial.

(a) No Longer Meets Requirements. The Commission will deny a Base Owner's renewal application or suspend or revoke a License if the Commission learns that the Owner no longer meets the Base License requirements.
  1. Prior License Revocation. The Commission will not issue any License to any individual or Business Entity that has had its license revoked until at least one year following the date of the revocation.
  2. Misleading Trade Name. The Commission will not issue a License to a Business Entity with a corporate or trade name similar to a name already in use by another Paratransit Base Station Owner.
  3. Failure to Complete Application Requirements.

   (1) The Chairperson will deny an application for a new License if the Applicant has not completed all the requirements of an application within 90 days of the date the application is filed.

   (2) The Chairperson will deny an application for a renewal License if the Applicant has not completed all the requirements of an application by the expiration date of the prior License.

   (3) The Chairperson will not deny an application under this Rule if completion is delayed because the Chairperson has not issued a final decision and the Applicant has complied with any requests made by the Chairperson.

  1. Additional Consideration of an Application. If a review of the application leads the Chairperson to believe that the Applicant may not be Fit to Hold a License, the Chairperson may seek additional information from the Applicant. This request for additional information may be an in-person interview, telephone call, letter, e-mail, or other method of communication. This additional consideration may result in the denial of the application. Failure to provide any requested information within the time frame requested, or failure to appear at a scheduled interview will result in a denial of the application.

§ 60B-08 Licensing – Transfer of Base License.

(a) A Base Owner must notify and get prior approval from the Commission before transferring, selling, or assigning the Base to another.

~

  1. The prospective new Base Owner must file the appropriate Base application form with the Commission.
  2. Upon approval of the transfer, the Commission will permit the entire fleet to be transferred to the new Base as long as the Vehicles meet the age retirement requirements established in 35 RCNY § 60A-34.
  3. The Transferee must pay the paratransit affiliation fee to the Commission, if any is required.

~

§ 60B-09 Licensing – Care of Licenses. [Reserved]

(a) Vehicle Must Be Licensed. A Base Station Owner must not dispatch or allow a vehicle to be operated if the vehicle does not have a Valid Paratransit Vehicle License.

~

  1. Driver Must Have a Paratransit License. A Base Station Owner must not dispatch a driver who does not have a Valid Paratransit Driver’s License.

~

  1. Driver Must Have State Driver’s License. A Base Station Owner must not dispatch a driver who does not have a Valid state driver’s license.

~

  1. Compliance with § 509-d. A Base Station Owner must not allow a Vehicle to be dispatched or operated by a driver who has not complied with § 509-d of Article 19-A of the New York State Vehicle and Traffic Law (regarding requirements for bus drivers).

~

  1. Base Must Be Licensed. A base, and any owner of a base, must not dispatch any Paratransit Vehicle or act as a Base if the base does not have a Valid Base Station License, unless it has been exempted by the New York State Department of Transportation.

~

  1. Activity After License Expiration. Any activity to provide paratransit service after the Vehicle License has expired and before a renewal License has been issued is considered “unlicensed activity” and is subject to the penalties in these Rules and in the Administrative Code.

§ 60B-11 Compliance with Laws – Worker’s Compensation.

(a) Compliance with Workers' Compensation Law. A Base Station Owner must comply with all provisions of the New York State Workers' Compensation law and regulations, and provide coverage and benefits to all eligible employees.

~

§ 60B-12 Compliance with Laws – Proper Conduct.

(a) Bribery. A Base Station Applicant or Licensee must not offer or give any gift, gratuity or thing of value to any employee, representative or member of the Commission or any other public servant.

~

  1. Failure to Report Bribery. A Base Station Owner must immediately report to the Commission any request or demand for a gift, gratuity or thing of value by any employee, representative or member of the Commission or any other public servant.

~

  1. Fraud, Theft. While performing the duties and responsibilities of a Base Station Owner, a Licensee must not commit or attempt to commit, any act of fraud, misrepresentation or theft.

~

  1. Willful Acts of Omission. While performing the duties and responsibilities of a Base Station Owner, a Licensee must not deliberately fail to perform any act, alone or with another, where this failure is against the best interests of the public.

~

  1. Willful Acts of Commission. While performing the duties and responsibilities of a Base Station Owner, a Licensee must not perform or attempt to perform, alone or with another, any act that is against the best interests of the public.

~

  1. Threats, Harassment, Abuse. While performing the duties and responsibilities of a Base Station Owner, a Licensee must not:

   (1) Threaten, harass, or abuse any person;

   (2) Distract, or attempt to distract a Service Animal.

~

  1. Use or Threat of Physical Force. While performing the duties and responsibilities of a Base Station Owner or any act in connection with those duties, a Licensee must not harm, use or attempt to harm or use any physical force against a person or Service Animal.

~

  1. Notice of Criminal Conviction.

   (1) A Base Station Owner must notify the Commission within 15 calendar days after any criminal conviction of the Licensee, individually or, if the Licensee is a Business Entity, of any Business Entity Person.

   (2) The Owner must also provide the Commission with a certified copy of the certificate issued by the clerk of the court explaining what happened as a result of the conviction within 15 days after the certificate is issued.

~

  1. Failure to Cooperate with Commission Enforcement. A Base Station Owner must cooperate with all Commission enforcement officers and all authorized representatives of the Commission. Cooperation includes, but is not limited to, responding to a request for the Licensee’s name, License number, and any documents Licensee is required to have in his or her possession.

~

  1. Failure to Cooperate with the Commission.

   (1) A Base Station Owner must promptly and truthfully answer all questions and comply with all communications, directives, and summonses issued by the Commission or its representatives.

~

   (2) A Base Station Owner must respond to any contact from the Commission within forty-eight hours, seven days a week.

~

  1. Courtesy. Owners must be courteous toward passengers and the general public, including Commission personnel, while performing their duties and responsibilities as Owners.

~

  1. Facilitation of Sex Trafficking with a Vehicle. While performing the duties and responsibilities of a Base Station Owner, a Licensee must not Facilitate Sex Trafficking with a Vehicle.

~

  1. Retaliation.

   (1) A Paratransit Base must not retaliate against any Driver for making a good faith complaint against any Base.

   (2) Retaliation will be broadly construed, and will include imposing any adverse condition or consequence on the Driver or withholding or withdrawing any beneficial condition or consequence from the Driver.

~

§ 60B-13 Compliance with Laws – Miscellaneous. [Reserved]

(a) Location of Business. The Base must be located on commercial property or other appropriately-zoned location. If the Base operates four or fewer vehicles, it can be maintained at the Base Owner's residence.
  1. Required Outside Signage. The Base must maintain outside advertising stating the business name and telephone number and indicating to the public that it is a Paratransit Base.

~

  1. Record Maintenance. The Base must maintain Trip Records of all Paratransit Vehicles dispatched.

§ 60B-15 Operations – Management Oversight (Use of Agents). [Reserved]

(a) Prohibited Pickups. A Base Owner must only dispatch Drivers to pick up passengers on a prearrangement basis. Base Owners must not allow Drivers to solicit or respond to hails.

~

  1. Timely Pickups. Base Owners must schedule and dispatch the daily trips as efficiently as possible, to avoid unreasonably late pickups and missed trips.

~

  1. Notify Passenger of Delay. If a pickup is unreasonably delayed or cancelled, the Base Owner (or Vehicle Owner) must promptly notify the waiting passenger.

~

  1. Monitor Drivers’ Behavior. Base Owners must monitor the behavior and conduct of the Drivers toward the passengers, investigate passenger complaints, and take appropriate action to resolve the complaints.

~

§ 60B-17 Operations – Owners’ Responsibilities with Respect to Drivers.

(a) Maximum Hours of Work for Drivers. A Base Owner must not require a Driver to operate a Paratransit Vehicle more than (12) consecutive hours. However, if a Driver has accepted a passenger prior to the conclusion of the twelfth hour the Driver can complete that trip provided he or she is able to drive safely.

~

  1. Familiarize Employees with Rules and Regulations.

   (1) Base Owners must ensure that all Drivers (and other employees) are familiar with the rules that govern Driver conduct and aware of any changes made to those rules.

   (2) Base Owners must maintain a current copy of the Commission Rules at the Base for the information of Drivers and employees.

~

§ 60B-18 Records – Trip Record Information (Electronic).

(a) Required Information. Base Owners must not dispatch a Paratransit Vehicle unless it is equipped with an Electronic Trip Record System that electronically collects all of the following trip data:

   (1) The Paratransit Driver’s license number.

   (2) The Paratransit Vehicle’s state license plate number.

   (3) The date and time of pick-up of each passenger.

   (4) The date and time of drop-off of each passenger.

   (5) The locations of pick-ups and drop-offs.

   (6) Any other entries required by the Commission and local, state or federal law.

NOTE: When the Electronic Trip Record System is operable, the Driver will use the system to record entries for the locations, dates and time of pick-ups and drop-offs, at the times they occur; the Base Owner is permitted to make all other entries

~

  1. Transmit Monthly. All data required under subdivision (a) above must be electronically transmitted to the Commission on a monthly basis.

~

  1. Corrections. The Base Owner must make all necessary corrections and additions to the Electronic Trip Record System.

~

  1. No Deletions or Alterations. The Base Owner must not permit the electronic trip record data collected in the Paratransit Vehicle to be erased, deleted, altered, changed or obliterated.

~

§ 60B-19 Records – Current Contact Information.

(a) Current Mailing and Email Address.

   (1) The Mailing Address for a Paratransit Base Station must be either the address of the Base Station or a designated post office box.

   (2) A Paratransit Base Station must have a working Email Address at all times.

   (3) A Paratransit Base Station must report any change of Mailing Address or Email Address to the Commission in person or by mail within ten days.

~

   (4) Any communication from the Commission is sufficient if sent to the last Mailing Address provided by the Paratransit Base Station.

   (5) Any communication from the Commission, except notices and summonses for which the manner of service is specified in 35 RCNY § 68-05, is sufficient if sent by email to the last Email Address provided by the Paratransit Base Station.

  1. 24-hour Communication Device.

   (1) A Base Owner must maintain a current telephone number on file with the Commission.

   (2) This number must be connected to an answering machine or must be a pager number, answering service number or something similar that allows the Commission to contact the Base Owner on a 24-hour basis.

~

§ 60B-20 Records – Additional Records to be Maintained.

(a) Financial and Operational Records. A Base Owner must maintain complete financial and other operational records for a period of three years. The records must be available to the Commission for inspection and must include the following:

   (1) The driver’s trip records

   (2) Any workers’ compensation insurance coverage

   (3) Any other documents created or maintained in conjunction with the operation of a Base

~

§ 60B-21 Reporting Requirements.

(a) Report Rate Changes. A Base Owner must file the Rate Schedule with the Commission annually or at least ten (10) days prior to the effective date of any change.

~

  1. Give Drivers Access to Records for Reporting. A Base Owner must provide a Driver with access to any records (or copies of the records) that the Base is required to maintain, if a Driver is required to bring those records (or copies) to the Commission or any other Government agency.

~

  1. Report Change of Status. A Base Owner must report any important changes, including a change in the Base address, to the Commission within 72 hours.

~

§ 60B-22 Operations – Rates and Tolls.

(a) Must file Rate Schedule. A Base Owner must not dispatch a Paratransit Vehicle unless the Rate Schedule for the Paratransit Vehicle has been filed with the Commission.
  1. Must List Rate Schedule. The Rate Schedule must include the minimum fare, different fares for different types of paratransit services, portal time, tolls and extra charges, if any.

~

§ 60B-23 Operations – E-ZPass. [Reserved]

(a) Equipment Must be in Good Working Order. A Base Owner must not dispatch a Paratransit Vehicle until the Base Owner inspects and reasonably determines that all equipment is in good working order and meets all requirements of the New York State Vehicle and Traffic Law and these Commission Rules.
  1. Equipment to be Inspected. Equipment to be inspected includes, but is not limited to, brakes, tires, lights, signals, wheelchair ramps, fastening devices, and heating and ventilation units.

~

§ 60B-26 Vehicle Condition – Safety. [Reserved]

(a) Vehicle Specifications and Markings. A Base Owner must comply with the markings specifications for Paratransit Vehicles.

~

  1. Required ID Marking. A Base Owner must ensure that each Vehicle affiliated with the Base has a Valid Commission Decal attached to and plainly visible on the exterior of the Vehicle.

~

  1. Commercial Use Tax Stamp. A Base Owner must confirm that the vehicle has a commercial use motor vehicle tax stamp attached to the lower right side of the Vehicle windshield, and is plainly visible.

~

  1. Unauthorized Advertising. A Base Owner must not display advertising on the exterior or interior of a Paratransit Vehicle unless the Base Owner has first obtained Commission authorization.

~

  1. Required Sticker. A Base Owner must ensure that each Vehicle affiliated with the Base displays an internal safety sticker, with the following inscription: “Turning? People are Crossing.” The dimensions of the sticker are 3.5 inches wide by 2.5 inches high. The sticker must be obtained pursuant to the instructions on the Commission’s website or through other appropriate means announced on the website. The sticker must be placed in the Vehicle as follows:

   (1) On the inside of the front windshield, in the center and adjacent to the top of the windshield directly behind the rearview mirror.

   (2) In such a manner not to obstruct the driver’s view.

~

  1. Optional Sticker. A Base Owner may permit Vehicles affiliated with the Base to display an optional external sticker, with the following inscription: “The choices you make behind the wheel matter.” The dimensions of the sticker are 15 inches wide by 4 inches wide. The sticker may be obtained pursuant to the instructions on the Commission’s website or through other appropriate means announced on the website. If displayed, the sticker must be placed on the Vehicle as follows:

   (1) On the rear bumper of the vehicle.

  1. Required Sticker. A Base Owner must ensure that each Vehicle affiliated with the Base displays an internal safety sticker, with the following inscription: “ATTENTION: Assaulting A Driver Is Punishable By Up to Twenty-Five Years in Prison.” The dimensions of the sticker are 8.0 inches wide by 2.0 inches high. The sticker must be obtained pursuant to the instructions on the Commission’s website or through other appropriate means announced on the website. The sticker must be placed in the Vehicle as follows:

   (1) In a frame on the passenger seat headrest.

~

  1. Optional Sticker. A Base Owner may permit Vehicles affiliated with the Base to display an optional external safety sticker, with the following inscription: “Taxi and Limousine Drivers Are Protected By New York State Law ATTENTION: Assaulting A Driver Is Punishable By Up to Twenty-Five Years in Prison.” The dimensions of the sticker are 3.5 inches wide by 3.5 inches high. The sticker may be obtained pursuant to the instructions on the Commission’s website or through other appropriate means announced on the website. The sticker must be placed in the Vehicle as follows:

   (1) Exterior, on a door or a side window.

  1. Required Decal. A Base Owner must ensure that each Vehicle with Hearing Induction Loop capability that is affiliated with the Base must display a Hearing Induction Loop Decal. The decal will feature the International Symbol of Access for Hearing Loss, described as the profile of an ear with a wide diagonal line running from the bottom left to the top right. The symbol contrast shall be light on dark or dark on light. A “T” will be placed in the lower right-hand corner of the decal. The decal will be placed as follows:

   (1) As directed by the Chairperson.

~

§ 60B-29 Vehicle – Documents Required in Vehicle.

(a) A Base Owner must only permit the operation and the dispatch of a Paratransit Vehicle when the following are present in the Vehicle:

   (1) The Trip Record.

   (2) The Driver’s Paratransit Driver’s License.

   (3) A copy of the registration certificate.

   (4) A copy of the Paratransit Vehicle License.

   (5) A copy of the individual Vehicle insurance card.

   (6) A copy of the lease card or agreement, if any.

~

§ 60B-30 Vehicle – Equipment.

(a) Two-way Radio. If a Base Owner uses a radio system, the Base Owner must only permit a Paratransit Vehicle to be dispatched and operated when it has a two-way radio in the vehicle.

~

  1. FCC Compliant Two-way Radio. A Base Owner operating a two-way radio service must instruct the Drivers and other employees on the two-way radio service rules of the Federal Communications Commission.

~

§ 60B-31 Vehicle Equipment – Partitions. [Reserved]

(a) Install System. Base Owners must ensure that all Paratransit Vehicles affiliated with the Base are equipped with an Electronic Trip Record System.

~

  1. System Must be in Good Working Order. A Base Owner must not dispatch a Paratransit Vehicle unless the Electronic Trip Record System in the Paratransit Vehicle is in good working order.

~

  1. System Malfunction.

   (1) The Base Owner must report any malfunction of the electronic trip record system to the Commission’s Safety and Emissions Facility within twenty-four (24) hours of when the Base Owner knew or should have known of the malfunction.

~

   (2) The Base Owner must dispatch a Paratransit Vehicle in which the Electronic Trip Record System does not work, only:

      (i) For three business days after the malfunction was timely reported to Safety and Emissions.

      (ii) If a hand-written Trip Record is used in place of the electronic Trip Record.

~

Chapter 61: Commuter Van Vehicles and Owners

Subchapter 61A: Commuter-Van Vehicle Owners

§ 61A-01 Scope of this Sub-chapter.

(a) To establish the procedures and requirements for obtaining and maintaining a Commuter-Van Vehicle Owner's License.
  1. To provide penalties for violation of the requirements of maintaining a Commuter-Van Vehicle Owner’s License.
  2. All Rules in this sub-chapter apply to the Commuter-Van Vehicle Owner, and the penalties included will be assessed against the Commuter-Van Vehicle Owner. When a Rule references that another party is also responsible, unless otherwise clearly stated, the responsibility is joint and several and both parties may be held entirely responsible for a violation of the Rule.

§ 61A-02 Penalties.

(a) Unlicensed Activity.

   (1) Unlicensed Activity is the act of providing or advertising the provision of any Commission-regulated for hire transportation service by:

      (i) Any Licensee whose License is suspended, revoked, expired and not yet renewed, or

      (ii) Any person who does not hold a Valid License or Authorization from the Commission as a for hire driver, for the for hire vehicle, or for the for hire service, as applicable.

   (2) Unlicensed Activity specifically includes the activities listed in § 19-506 and § 19-528 of the Administrative Code, and can subject the violator to the seizure and possible forfeiture of the vehicle involved.

  1. Specific Penalties. If there are specific penalties for violating a Rule, they are shown at the end of the Rule. The penalty section also states whether the violator must attend the Hearing.
  2. Payment of Fines.

   (1) Fines are due not later than 30 days after the Respondent is found guilty of or pleads guilty to the violation, unless:

      (i) the Respondent files an appeal of the decision issued by the Taxi and Limousine Tribunal within the time required by 48 RCNY Chapter 5, in which case the payment of the fines will be deferred until 30 days after the date of the appeal decision.

   (2) If the fine is not paid by the close of business on the date due, the Commission will notify the Respondent in writing that the Respondent’s License will be suspended in 10 business days of the date of the notification until the fine is paid, unless the Respondent demonstrates to the Commission, in person or in writing, that the fine has been paid.

  1. Effect of Suspension or Revocation of Service Authorization on Affiliated Commuter-Van Vehicle Owners.

   (1) Any Vehicle affiliated with a Commuter-Van Service whose Authorization has been suspended or revoked will have its License suspended or revoked if the suspension or revocation was based in whole or in part on the actions of the Commuter-Van Vehicle.

   (2) If the suspension or revocation was not based on the actions of the Commuter-Van Vehicle, the Vehicle’s License will remain Valid. However, the Vehicle must not operate until it has formed an affiliation with another authorized Commuter-Van Service.

  1. Mandatory Penalties.
Section Violation Cumulative Criteria Penalty, after opportunity for Hearing
35 RCNY § 61A-11(b) Failure to maintain proper insurance Failure to maintain the required liability insurance three or more times within one year. Revocation of Vehicle License
35 RCNY § 61A-26 Failure to comply with safety inspection requirements Operating without complying with any safety inspection requirement three or more times within one year. Revocation of Vehicle License

~

§ 61A-03 Definitions Specific to this Sub-chapter.

(a) Applicant in this Sub-chapter means an Applicant for an original or renewal Commuter-Van Vehicle License.
  1. Authorization means the Commission’s approval to operate a Commuter-Van Service within the geographic boundaries specified by the Commission.
  2. Driver in this Sub-chapter refers to a Commuter-Van Vehicle Driver.
  3. License in this Sub-chapter means a Commuter-Van Vehicle License.
  4. Official Bus Route in this Sub-chapter means the route, including all stops, traveled upon by a bus line that is operated by:

   (1) The New York City Transit Authority

   (2) The City of New York, or

   (3) A private bus company that has been approved by local law or Charter provision enacted in accordance with § 80-4 of the Transportation Law.

  1. Owner in this Sub-chapter refers to a Commuter-Van Vehicle Owner. An Owner can be a Business Entity or a person. The term Owner in this Sub-chapter, in addition to complete ownership of the Vehicle, includes those individuals or entities with the following ownership interests:

   (1) Entitlement to the use and possession of a Vehicle subject to a security interest held by another, regardless of the terms of the contract. (Owner does NOT include any party with a security interest in a Vehicle that is not in that party’s possession.)

   (2) The right, by any lessee or bailee, to exclusive use of the Vehicle for more than 30 days.

  1. Vehicle, when used alone in this Sub-chapter, means a Licensed Commuter-Van Vehicle.

§ 61A-04 Licensing – General Requirements.

(a) [Reserved.] ID.
  1. [Reserved.] Age.
  2. Fingerprinting to Verify Good Moral Character.

   (1) An Applicant for a Commuter-Van License must be fingerprinted for the purpose of securing criminal history records from the NYS Division of Criminal Justice Services.

   (2) Fingerprints will be taken of all of the Applicant’s Limited Business Entity Persons.

   (3) If the Applicant intends to add or change any additional Limited Business Entity Persons, the Applicant must apply for the Commission’s approval within five days of the change or addition.

   (4) Any additional Limited Business Entity Persons must be fingerprinted either before or during the Commission’s approval process.

   (5) The Applicant must pay any processing fee required by the State.

  1. Fitness to Hold License. No Commuter-Van License can be issued or renewed unless an Applicant demonstrates that the Applicant is Fit to Hold a License to operate a Commuter-Van Vehicle.
  2. Designate Drivers as Agents for Service. An Applicant must agree that any Driver who operates one of Owner’s Commuter-Van Vehicles will be considered an agent of the Owner for purposes of accepting service of any and all legal process issued by any department of the City of New York.
  3. Vehicle Liability Insurance. No Commuter-Van Vehicle License will be issued or renewed unless the Applicant proves that the Vehicle is properly registered and has the insurance coverage required in 35 RCNY § 61A-11.
  4. Forms and Filing. An application for a Commuter-Van Vehicle License or renewal must be submitted on forms provided by the Commission, signed by the applicant, and personally filed with the Commission.
  5. Payment of Fines and Fees.

   (1) An Applicant, including an applicant for a renewal License, must pay, and provide proof of payment of, any outstanding fines or fees owed by the Applicant to

      (i) the Commission,

      (ii) NYC Department of Finance’s Parking Violations Bureau,

      (iii) NYC Department of Finance’s Red Light Camera Unit,

      (iv) NYS DMV’s Traffic Violations Bureau and

      (v) any of their successor agencies.

   (2) This requirement includes payment of fines and fees owed as of the date of the application by

      (i) any Business Entity Persons of the Applicant

      (ii) any Business Entity of which the Applicant is a Business Entity Person, and

      (iii) any Business Entity of which a Business Entity Person of Applicant is also a Business Entity Person.

   (3) An Applicant, including an Applicant for a renewal License, must pay any fines related to their failure to surrender a previously revoked License (of any type), unless the Applicant can demonstrate in person or in writing that the License has been surrendered.

  1. Business Entities. An Applicant which is a Business Entity must provide the following documents:

   (1) Partnerships. If the Applicant is a partnership, it must file with its application a certified copy of the partnership certificate from the clerk of the county where the partnership’s principal place of business is located.

   (2) Corporations. If the Applicant is a corporation, it must file with its application:

      (i) A certified copy of its certificate of incorporation

      (ii) A list of officers and shareholders

      (iii) A certified copy of the minutes of the meeting at which the current officers were elected.

   (3) Limited Liability Companies (LLCs). If the Applicant is a limited liability company, it must file with its application:

      (i) A copy of its articles of organization

      (ii) A copy of its operating agreement

      (iii) A list of the members, with the percentages of the Applicant owned by each.

  1. Address. An Applicant must give the Commission the Applicant’s current Mailing Address.
  2. Commercial Motor Vehicle Tax.

   (1) An Applicant, including an applicant for a renewal License, must pay the Commercial Motor Vehicle Tax applicable to the Applicant’s Vehicle. If the Applicant has not made payment to the NYS DMV, the Applicant must pay the Commercial Motor Vehicle Tax to the Commission.

   (2) An Applicant who has already paid the Commercial Motor Vehicle Tax must provide proof of payment in the form of a copy of the New York State issued registration receipt or a receipt from the New York City Department of Finance.

§ 61A-05 Licensing – Term of License.

(a) New Licenses. The term of a new Vehicle License is two years.
  1. Renewals. The renewal term of a Vehicle License is two years from the date on which the previous License expired.
  2. When to File for Renewal.

   (1) A renewing Applicant must file a completed application at least 30 days before the expiration date of the License. The review of applications submitted fewer than 30 days before the expiration date will not be completed until after the expiration date of the License. Licenses are not Valid after the License expiration date until the application for renewal is approved by the Commission.

   (2) A renewing Applicant can file a completed application up to 60 days after the expiration date as a “late application”, if the Applicant pays a late fee of $25. When a late application is submitted, the License will remain expired and not Valid until the application for renewal is approved by the Commission.

   (3) Application Submission Date.

      (i) Applications filed online: The date of submission is the date an application is filed online.

      (ii) Applications filed in person: The date of submission is the date an application is filed in person.

   (4) A License cannot be renewed more than 60 days after the expiration date.

  1. Suspended Licenses.

   (1) If a License is suspended, the Licensee must apply for renewal as required in (c) above if the Licensee wants to renew the License. Failure to complete the renewal requirements means that the License cannot be renewed.

   (2) A License that is suspended is not Valid and cannot be used until the suspension ends. This is true even if the Applicant has filed an application for a renewal.

§ 61A-06 Licensing – Fees.

(a) Fee for License. The fee for a Commuter-Van Vehicle License will be $275 annually.
  1. When Fee is Paid. The fee for an original or renewal License must be paid at the time the application is filed.
  2. No Refund if Application Denied.

   (1) The Commission will not refund the application fee if it denies or disapproves the application.

   (2) However, if disapproval of the Vehicle License is based on disapproval of the affiliated Commuter-Van Service Authorization, the vehicle application fee will be refunded.

  1. License Replacement Fee. The Commission will charge an additional fee of $25 for each License it issues to replace a lost or mutilated License.
  2. Vehicle Transfer Fees.

   (1) A Vehicle Licensee can change the Vehicle’s affiliation from one Commuter-Van Service Authorization to another after approval by the Chairperson and payment of a $25 fee.

   (2) A Vehicle Licensee can transfer the License from one vehicle to another after approval by the by the Chairperson and payment of a $25 fee.

   (3) A Vehicle Licensee can replace the license plates on the Vehicle after approval by the Chairperson and payment of a $25 fee.

   (4) A Vehicle Licensee can transfer the license plates from one vehicle to another after approval by the Chairperson and payment of a $25 fee.

   (5) A Vehicle Licensee must pay a separate fee for each type of vehicle transfer. This is true even if the Vehicle Licensee wants to do several types of vehicle transfer all at one time.

  1. Late Filing Fee. The Commission will charge an additional fee of $25 for a late filing of a renewal application, if it allows the filing at all.
  2. Commercial Motor Vehicle Tax.

   (1) For Licenses Issued on or after June 1, 2012 if Tax NOT paid to NYS DMV.

      (i) The Commercial Motor Vehicle Tax for each Vehicle will be $800, to be paid with the application for the license.

      (ii) No additional payment will be required for any replacement Vehicle during the renewal License Period.

      (iii) If the Applicant paid the Commercial Motor Vehicle Tax directly to NYS DMV, this paragraph does not apply.

   (2) At License Renewal for Licenses Expiring on or after June 1, 2012 if Tax NOT paid to NYS DMV.

      (i) The Commercial Motor Vehicle Tax for each Vehicle will be $800 for each renewal License period. The tax must be paid with the renewal application.

      (ii) No additional payment will be required for any replacement Vehicle during the renewal License Period.

      (iii) If the Applicant paid the Commercial Motor Vehicle Tax directly to NYS DMV, this paragraph does not apply.

   (3) Interim Payments for licenses expiring on or after June 1, 2012 and before June 1, 2014 if Tax NOT paid to NYS DMV. An interim payment of the Commercial Motor Vehicle Tax is due on June 1, 2012 for licenses expiring on or after June 1, 2012 and before June 1, 2014, provided that the Licensee has not paid the Commercial Motor Vehicle Tax to the NYS DMV.

      (ii) The amount of the interim payment is:

If a license expires during: The licensee must make an interim payment of:
June, July or August 2012 $100
September, October or November 2012 $200
December 2012, January 2013 or February 2013 $300
March, April or May 2013 $400
June, July or August 2013 $500
September, October or November 2013 $600
December 2013, January 2014 or February 2014 $700
March, April or May 2014 $800

~

   (4) Refunds.

      (i) The Commission will not refund any payment of Commercial Motor Vehicle Tax.

      (ii) Applications for refunds, including but not limited to refunds upon transfer, surrender or termination, must be made to the NYC Department of Finance. The application will be reviewed in accordance with the Administrative Code and the Rules of the NYC Department of Finance.

§ 61A-07 Licensing – Causes for Denial.

(a) Material Misrepresentation. The Commission can deny an application if the Applicant has made a material false statement or concealed a material fact relating to the application.
  1. Conduct Prohibited by Rules. The Commission can deny an application if the Applicant has engaged in any conduct that would be a basis for suspension or revocation of the License under the Rules in this sub-chapter.
  2. Failure to Complete Application Requirements.

   (1) The Chairperson will deny an application for a new License if the Applicant has not completed all the requirements of an application within 45 days of the date the application is filed.

   (2) The Chairperson will deny an application for a renewal License if the Applicant has not completed all the requirements of an application within 60 days of the expiration date of the prior License.

   (3) The Chairperson will not deny an application under this Rule if completion is delayed because the Chairperson has not issued a final decision and the Applicant has complied with any requests made by the Chairperson.

  1. Refusal to Renew. The Commission can refuse to renew a Commuter-Van Vehicle License for additional reasons, including but not limited to:

   (1) The Applicant or any of its Limited Business Entity Persons or employees has violated any provision of these Rules or any of the rules relating to commuter van service in Chapter 5, Title 19 of the Administrative Code.

   (2) The Applicant or any of its Limited Business Entity Persons or employees has engaged in any fraud or misrepresentation in connection with providing any transportation service.

   (3) The Applicant or any of its Limited Business Entity Persons has failed to pay any penalty that has been properly imposed under these Rules.

   (4) The Applicant or any of its Limited Business Entity Persons has been convicted of a crime that the Commission believes has a direct bearing upon the Applicant’s fitness or ability to perform the functions required of a Commuter-Van Vehicle Owner, or has been convicted of any offense that under Article 23-A of the NYS Correction Law would provide a basis for the Commission to refuse to renew or to suspend or revoke a Commuter-Van Vehicle License.

   (5) The Applicant has failed to maintain the conditions of operation that apply to Commuter-Van Vehicle License.

   (6) The Applicant or any of its Limited Business Entity Persons or employees has engaged in discrimination according to the provisions of § 8-107 of the Administrative Code.

  1. Additional Consideration of an Application. If a review of the application leads the Chairperson to believe that the Applicant may not be Fit to Hold a License, the Chairperson may seek additional information from the Applicant. This request for additional information may be an in-person interview, telephone call, letter, e-mail, or other method of communication. This additional consideration may result in the denial of the application. Failure to provide any requested information within the time frame requested, or failure to appear at a scheduled interview will result in a denial of the application.
  2. Commercial Motor Vehicle Tax.

   (1) The Commission will deny an application, including a renewal application, if the Applicant owes the Commercial Motor Vehicle Tax required under subdivision (e) of 35 RCNY§ 61A-13 on any Vehicle subject to the application.

   (2) Payment of the Commercial Motor Vehicle Tax amount described in paragraph (1) of this subdivision is a condition to issuance of a License, including a renewal License, and the maintaining of such License.

§ 61A-08 Licensing – Transfer of License.

(a) Not Transferable. A Commuter-Van License is not assignable or transferable.

§ 61A-09 Licensing – Care of Licenses. [Reserved]

(a) Vehicle Must Be Licensed. A Commuter-Van Vehicle Owner must not allow a vehicle to be operated within the City of New York as a Commuter Van if the vehicle does not have a Valid License from the Commission.

~

  1. Vehicle Must Be Affiliated with Authorized Commuter-Van Service. A Commuter-Van Vehicle Owner must not allow Owner’s Vehicle to be operated within the City of New York unless it is affiliated with a Validly Authorized Commuter-Van Service.

~

  1. Vehicle Must Be Registered and Insured. Failure to comply with the registration or insurance requirements established in this Sub-chapter will create an automatic License suspension as of the date the compliance lapsed, and any operation of the Vehicle during this time will be considered unlicensed activity.

~

  1. Driver Must Be Licensed. The Commuter-Van Vehicle Owner is responsible for ensuring that anyone operating a Commuter-Van Vehicle in the operation of a Commuter-Van Service has:

   (1) A Valid driver’s license that qualifies as a Chauffeur’s License, and

   (2) A Valid Commuter-Van Driver’s License.

   (3) The License of an Owner who allows a Commuter Van to be operated by anyone without a valid Chauffer’s License and a valid Commuter-Van Driver’s License will be summarily suspended.

~

  1. No Person Can Operate an Unlicensed Commuter-Van Vehicle or Service. No person is allowed to operate or to allow anyone else to operate a vehicle bearing the words “Commuter-Van service”, “van service”, “Commuter-Van”, “van” or other similar designation unless:

   (1) The vehicle is a Validly Licensed Commuter Van Vehicle

   (2) The Vehicle is affiliated with a Validly Authorized Commuter-Van Service, and

   (3) The Vehicle is driven by a Validly Licensed Commuter-Van Driver.

35 RCNY § 61A-10(e)(1) and (3) Fine: $500 – first violation; $1,000 – subsequent violation within twenty-four months Appearance NOT Required
35 RCNY § 61A-10(e)(2) Fine: $1,000 first violation; $2,000 subsequent violations within 24 months Appearance NOT Required

~

  1. Special Procedures Relating to Unlicensed Commuter-Van Operations.

   (1) The Commission will notify the NYS Commissioner of Motor Vehicles upon finding a person liable for:

      (i) Operating a vehicle without a Valid Commuter-Van Vehicle License, or

      (ii) Operating a vehicle that is not affiliated with an Authorized Commuter-Van Service.

   (2) Until notified that the violation has been corrected, the Motor Vehicle Commissioner can:

      (i) Suspend the vehicle’s registration,

      (ii) Deny any application for the vehicle’s registration or registration renewal,

      (iii) Take any other action permitted under law.

   (3) The Commission will also notify the NYS Department of Finance.

§ 61A-11 Comply with Laws – Vehicle Insurance Coverage.

(a) Joint Responsibility. The Commuter-Van Vehicle Owner is liable for ensuring that every Commuter-Van Vehicle owned and operated by Owner is in compliance with the insurance requirements set forth in this 35 RCNY § 61A-11.

~

  1. Surety Bond or Policy of Insurance. No Commuter-Van Vehicle can be used in the operation of a Commuter-Van Service unless it is covered by a surety bond or a policy of insurance approved as to form by the Commission and issued by a solvent and responsible company authorized to do business in this State by the Superintendent of Insurance. Coverage must be in at least the following amounts:
Type of Liability Minimum Coverage Required  
Commuter-Van for 12 Passengers or Fewer Commuter-Van for 13 - 20 Passengers  
• For personal injury or death to one person $100,000 $100,000
• For personal injury or death to one person in one accident $300,000 $500,000
• Maximum for each person in one accident $100,000 $100,000
• For property damage $50,000 $50,000

~

~

  1. Remain in Effect Until Terminated. Surety bonds and certificates of insurance must specify that coverage will remain in effect continuously until terminated as provided in this Sub-chapter.
  2. Conditions for Replacement of Bonds or Insurance. Surety bonds or certificates of insurance may be replaced, and the liability of the retiring surety or insurer will be considered terminated as of the effective date of its replacement, provided that the replacement surety bond or certificate of insurance meets all of the following conditions:

   (1) The new surety bond or certificate of insurance is acceptable to the Commission.

   (2) The Commuter-Van Service Owner or an authorized employee of the Commuter-Van service submits, in duplicate, a letter authorizing the replacement surety bond or certificate of insurance and verifying its effective date.

   (3) The effective date must coincide with the effective date specified in the letter of authorization, and that date may not be more than 30 days before the date the Commission receives the letter of authorization and replacement certificate.

  1. Provision for Continuing Liability. Every surety bond or certificate of insurance must contain a provision for a continuing liability after a claim has been successfully filed and recovered against the bond or insurance.
  2. Notice of Cancellation to the Commission.

   (1) Every surety bond or certificate of insurance must include a provision that cancellation will not be effective until at least 30 days after the Commission has been properly notified in writing of the party’s intention to cancel.

   (2) Proper notification must be given on or in the relevant Form K – Uniform Notice of Cancellation of Motor Carrier Insurance Policies or Form L – Uniform Notice of Cancellation of Motion Carrier Surety Bonds. Copies of these forms are available at Commission offices.

   (3) If a cancelled insurance policy or bond is reinstated:

      (i) A new certificate, in the form required by subdivision (d) of this section, must be filed with the Commission, and

      (ii) The new certificate must have the relevant phrase “REINSTATEMENT OF INSURANCE POLICY” or “REINSTATEMENT OF BOND” typed or printed on it in capital letters, as shown.

  1. Forms. Certificates of insurance and other forms necessary for filing can be obtained from the Commission.
  2. Contract is Required. No surety bond or certificate of insurance can be filed with the Commission unless a direct contractual relationship exists between the Commuter-Van Vehicle Licensee (or the Authorized Commuter-Van Service) and the insurance or bonding company making the filing.
  3. Commission’s Right to Refuse. The Commission can at any time refuse to accept any surety bond or certificate of insurance if in the judgment of the Commission it does not provide adequate protection for the public.

§ 61A-12 Comply with Laws – Proper Conduct.

(a) No Bribery. An Applicant or Licensee must not directly or indirectly offer or give any gift, gratuity or thing of value to any employee, representative or member of the Commission or any other public servant who is charged with the administration or enforcement of this sub-chapter or any traffic rule or law. All administrative hearings on this matter will be referred to OATH.

~

  1. Report Request for Gift. A Licensee must immediately report to the Commission and to the New York City Department of Investigation any request or demand for a gift, gratuity or thing of value by any employee, representative or member of the Commission or any other public servant who is charged with the administration or enforcement of this sub-chapter or any traffic rule or law. All administrative hearings on this matter will be referred to OATH.

~

  1. No Threat or Use of Physical Force. While performing the duties and responsibilities of a Licensee or any act in connection with those duties, a Licensee must not use or attempt to use any physical force against a person or Service Animal and must not distract or attempt to distract any Service Animal.

~

  1. Report Criminal Conviction.

   (1) A Licensee must notify the Commission within five calendar days after any criminal conviction of the Licensee, individually or, if the Licensee is a Business Entity, of any Limited Business Entity Person.

   (2) The notice must be in writing and must be accompanied by a certified copy of the certificate of disposition issued by the clerk of the court explaining what happened as a result of the conviction.

~

  1. Cooperate with the Commission. A Commuter-Van Vehicle Owner must:

   (1) Truthfully answer all questions and comply with all communications, directives, and summonses issued by the Commission or its representatives.

~

   (2) Produce or be responsible for instructing the Driver of Owner’s Commuter-Van Vehicle to produce any documents required to be kept in the Commuter-Van upon the demand of the Commission or its representatives.

~

   (3) Produce any other document the Owner is required to keep no later than 10 days following a request from the Commission.

~

   (4) Aid the Commission to obtain information regarding any Commuter-Van Driver operating a Commuter-Van owned by the Owner.

~

   (5) Respond to any contact from the Commission within 48 hours, seven days a week.

~

  1. No Willful Acts of Omission. While performing the duties and responsibilities of a Commuter-Van Vehicle Owner, a Licensee must not deliberately fail to perform, alone or with another, any act where this failure is against the best interests of the public.

~

  1. No Willful Acts of Commission. While performing the duties and responsibilities of a Commuter-Van Vehicle Owner, a Licensee must not deliberately perform or attempt to perform, alone or with another, any act that is against the best interests of the public.

~

  1. Fraud, Misrepresentation, Theft. While performing the duties and responsibilities of a Commuter-Van Vehicle Owner, a Licensee must not commit or attempt to commit, any act of fraud, misrepresentation or theft.

~

  1. Facilitation of Sex Trafficking with a Vehicle. A Commuter-Van Vehicle Owner must not Facilitate Sex Trafficking with a Vehicle.

~

  1. Retaliation.

   (1) A Commuter Van Vehicle Owner must not retaliate against any Driver for making a good faith complaint against any Owner.

   (2) Retaliation will be broadly construed, and will include imposing any adverse condition or consequence on the Driver or withholding or withdrawing any beneficial condition or consequence from the Driver.

~

§ 61A-13 Comply with Laws – Miscellaneous.

(a) Commission Rules. The following actions can result in suspension or revocation of an Owner's Commuter-Van Service Authorization:

   (1) The Owner or any of its Limited Business Entity Persons or employees violates any provision of these Rules or any of the rules relating to Commuter-Van Vehicles or Service in Chapter 5, Title 19 of the Administrative Code.

   (2) The Owner or any of its Limited Business Entity Persons or employees engages in any fraud or misrepresentation in connection with providing any transportation service.

   (3) The Owner or any of its Limited Business Entity Persons fails to pay any penalty that has been properly imposed under these Rules.

   (4) The Owner or any of its Limited Business Entity Persons is convicted of a crime that the Commission believes has a direct bearing upon the Owner’s fitness or ability to perform the functions required of a Commuter-Van Service Owner.

   (5) The Owner fails to maintain the conditions of operation that apply to Commuter-Van Vehicle Owners.

   (6) The Owner or any of its Limited Business Entity Persons or employees engages in discrimination according to the provisions of § 8-107 of the Administrative Code.

  1. Workers Compensation. A Commuter-Van Vehicle Owner must comply with all provisions of the NYS Workers’ Compensation Law and regulations with respect to coverage of and benefits to eligible persons.

~

  1. Disability Laws. The Commuter-Van Vehicle Owner must ensure that all new Commuter-Van Vehicles comply with the applicable provisions of law regarding accessibility to Persons with Disabilities.

~

  1. Motor Vehicle Registration Laws. A Commuter-Van Vehicle Owner must ensure that no Commuter-Van Vehicle is used in the operation of a Commuter-Van Service unless the Vehicle is in compliance with the registration requirements of the NYS Vehicle and Traffic Law.

~

  1. Commercial Motor Vehicle Tax.

   (1) An Owner must pay the Commercial Motor Vehicle Tax due as described in paragraphs (2) and (3) of this subdivision on an Owner’s Vehicle as and when required by the Commission in these Rules.

   (2) An Owner must pay the amounts required in subdivision (g) of 35 RCNY § 61A-06, including interim payments if any.

   (3) An Owner must also pay any additional Commercial Motor Vehicle Tax amount for any tax year or period which the New York City Department of Finance has notified the Commission is due and unpaid.

~

§ 61A-14 Operations – Business Premises. [Reserved]

(a) No Pick-Ups Outside Authorized Area. No Commuter-Van Vehicle Owner will permit the pick up or discharge of passengers outside of the geographical area established in the Commuter-Van Service Owner's Authorization.
  1. No Pick-Ups Along Bus Routes.

   (1) Restriction. No Commuter-Van Vehicle Owner will permit the pick up or discharge of passengers along any Official Bus Route.

   (2) Grandfathered Exception.

      (i) This restriction will not apply to the pick up and discharge of passengers along bus routes in Manhattan, south of Chambers Street, by Commuter-Van Service Owners that had authority on July 1, 1992 from the NYS Department of Transportation to pick up and discharge passengers along bus routes in that area.

      (ii) The scope of operations by the exempted Commuter-Van Service, however, must not exceed the scope of its operations prior to July 1, 1992.

~

  1. Service Must Be Pre-Arranged. No Commuter-Van Vehicle Owner will permit transportation service unless the service is prearranged.

~

  1. Multiple Person Liability. The Commuter-Van Vehicle Owner is liable for violating this 35 RCNY § 61A-16 even when the actual violation has been unilaterally committed by the Commuter-Van Driver.
  2. Clean Vehicle. A Commuter-Van Vehicle Owner must keep the Vehicle clean inside and out.

~

§ 61A-17 Operations – Responsibility with Respect to Drivers.

(a) Prohibit Disability Discrimination by Drivers. A Vehicle Owner must not allow a Driver to discriminate unlawfully against Persons with Disabilities. Such discrimination includes, but is not limited to:

   (1) Refusing to serve Persons with Disabilities,

   (2) Refusing to load and unload the mobility aids of Persons with Disabilities, and

   (3) Imposing any charge in addition to the authorized fare for the transportation of Persons with Disabilities, service animals, wheelchairs, or other mobility aids.

  1. Multiple Person Liability. The Commuter-Van Vehicle Owner will be liable for violating this Rule even when the actual violation has been unilaterally committed by the Commuter-Van Driver.

~

§ 61A-18 Records – Trip Record Information. [Reserved]

*§ 61A-19 Records – Current Contact Information.* ::
  1. Current Phone Number for Immediate Access. A Commuter-Van Vehicle Owner must maintain on file with the Commission a current telephone number (connected to an answering machine or recording device), pager number, answering service number or a number for any similar means of telephone contact that allows the Vehicle Owner to be reached by the Commission on a 24-hour basis.

~

  1. Mailing Address and E-mail Address.

   (1) A Commuter-Van Vehicle Owner must have a current E-mail Address at all times.

   (2) A Commuter-Van Vehicle Owner must report any change of Mailing Address or E-mail address to the Commission in person or by mail within ten days.

~

   (3) Any communication from the Commission is sufficient if sent to the last Mailing Address provided by the Commuter-Van Vehicle Owner.

§ 61A-20 Records – Additional Records to be Maintained. [Reserved]

(a) Advertising Must State Commission Licensed and Authorized. No one is permitted to advertise Commuter-Van services unless the advertisement states CONSPICUOUSLY that the Commuter-Van Vehicle is Licensed by the Commission and includes the affiliated Commuter-Van Service Authorization number.

~

§ 61A-25 Vehicle Condition – Inspections.

(a) Inspection by NYS Department of Transportation. A Commuter-Van Vehicle must not be operated as a Commuter-Van Vehicle unless it has been inspected by the NYS Department of Transportation. Provisions and requirements for this inspection can be found in the safety provisions (§ 140) of the NYS Transportation Law or as modified by an agreement between the NYS Department of Transportation and the Commission, as provided in NYS Transportation Law § 80(5)(a)(1).

~

  1. Display Inspection Certificate. All Commuter-Van Vehicles must display the inspection certificate.

~

§ 61A-26 Vehicle Condition – Meets Safety Standards.

(a) No Commuter-Van Vehicle can be used in a Commuter-Van Service unless it meets the vehicle safety standards prescribed by rule or regulation of the NYS Commissioner of Transportation according to § 140 of the NYS Transportation Law.

~

  1. Seat Belts. Each Commuter-Van Vehicle must have seat belts that are clearly visible, accessible, and in good working order.

~

  1. [Reserved.] Shoulder Belts Required.
  2. [Reserved.] Correct Defect Directives.
  3. [Reserved.] Daily Personal Inspection by Owner.

§ 61A-27 Vehicles – Markings and Displays.

(a) Required Exterior ID Markings. All Commuter-Van Vehicles must have the following information conspicuously painted on each side of the exterior of the Vehicle in letters at least 3 inches in height:

   (1) The exact name and address of the Commuter-Van Service next to the word OPERATOR;

   (2) The Commuter-Van Vehicle Owner’s exact name next to the word OWNER; and

   (3) A Vehicle License number.

~

   (4) The required information must be in English. The information can also be in another language.

  1. Required Interior ID Markings.

   (1) A sign with the information listed above (in subdivision (a)) must be placed in the interior of the Vehicle clearly visible from all Passenger seats in the Vehicle.

   (2) The sign must include the statement that any complaints can be submitted to the Taxi and Limousine Commission by calling “311” or through the Commission’s website: http://nyc.gov/taxi.

~

   (3) The required information must be in English. The information can also be in another language.

  1. Valid Commission Decal.

   (1) Each time a Commuter-Van Vehicle License is issued or renewed or transferred to a new Vehicle, the Vehicle must be taken to a Commission inspection facility to have four decals affixed to the Vehicle.

   (2) No Commuter-Van Vehicle License is Valid unless the Vehicle has the appropriate, undamaged decals in each of the following locations:

      (i) The lower right corner of the front windshield

      (ii) The center of the rear window

      (iii) One on each of the rear-most side windows.

~

  1. Commuter Van Decal.

   (1) All Commuter Van vehicles must permanently affix and display the Commuter Van Decal, whose dimensions are 21.7 inches wide by 11 inches high, and the TLC License Number Decal, whose dimensions are 2.5 inches high:

      (i) Driver side front door (Required).

         A. Commuter Van Decal. The decal must be placed centered left to right and located in the upper half of the flat surface between the door trim and door handle and parallel to the door trim.

         B. License Number Decal. The decal must be placed centered left to right and horizontally below the Commuter Van Decal.

      (ii) Passenger side front door (Required).

         A. Commuter Van Decal. The decal must be placed centered left to right and located in the upper half of the flat surface between the door trim and door handle and parallel to the door trim.

         B. License Number Decal. The decal must be placed centered left to right and horizontally below the Commuter Van Decal.

   (2) All Commuter Van vehicles may permanently affix and display on the rear door of the vehicle an optional Commuter Van Decal, whose dimensions are 21.7 inches wide by 11 inches high, and an optional TLC License Number Decal, whose dimensions are 2.5 inches high:

      (i) Rear door (Optional).

         A. Commuter Van Decal. The decal must be placed centered left to right and located in the upper half of the flat surface between the door trim and door handle and parallel to the door trim.

         B. License Number Decal. The decal must be placed centered left to right and horizontally below the Commuter Van Decal.

~

  1. Vehicle Cannot Be Yellow. A Commuter-Van Vehicle must not be operated in a Commuter-Van Service if the Vehicle is painted, in whole or in part, any shade of taxicab yellow.

~

  1. Required Sticker. Each Commuter-Van Vehicle must display an internal safety sticker, with the following inscription: “Turning? People are Crossing.” The dimensions of the sticker are 3.5 inches wide by 2.5 inches high. The sticker must be obtained pursuant to the instructions on the Commission’s website or through other appropriate means announced on the website. The sticker must be placed in the Vehicle as follows:

   (1) On the inside of the front windshield, in the center and adjacent to the top of the windshield directly behind the rearview mirror.

   (2) In such a manner not to obstruct the driver’s view.

~

  1. Optional Sticker. Commuter-Van Vehicles may display an optional external sticker, with the following inscription: “The choices you make behind the wheel matter.” The dimensions of the sticker are 15 inches wide by 4 inches wide. The sticker may be obtained pursuant to the instructions on the Commission’s website or through other appropriate means announced on the website. If displayed, the sticker must be placed on the Vehicle as follows:

   (1) On the rear bumper of the vehicle.

  1. Required Sticker. Each Commuter-Van Vehicle must display an internal safety sticker, with the following inscription: “ATTENTION: Assaulting A Driver Is Punishable By Up to Twenty-Five Years in Prison.” The dimensions of the sticker are 8.0 inches wide by 2.0 inches high. The sticker must be obtained pursuant to the instructions on the Commission’s website or through other appropriate means announced on the website. The sticker must be placed in the Vehicle as follows:

   (1) Incorporated into the Commuter-Van Bill of Rights.

~

  1. Optional Sticker. Each Commuter-Van Vehicle may display an external safety sticker, with the following inscription: “Taxi and Limousine Drivers Are Protected By New York State Law ATTENTION: Assaulting A Driver Is Punishable By Up to Twenty-Five Years in Prison.” The dimensions of the sticker are 3.5 inches wide by 3.5 inches high. The sticker may be obtained pursuant to the instructions on the Commission’s website or through other appropriate means announced on the website. The sticker must be placed in the Vehicle as follows:

   (1) Exterior, on a door or a side window.

  1. Required Decal. Each Commuter-Van Vehicle with Hearing Induction Loop capability must display a Hearing Induction Loop Decal. The decal will feature the International Symbol of Access for Hearing Loss, described as the profile of an ear with a wide diagonal line running from the bottom left to the top right. The symbol contrast shall be light on dark or dark on light. A “T” will be placed in the lower right-hand corner of the decal. The decal will be placed as follows:

   (1) As directed by the Chairperson.

~

§ 61A-28 Vehicles – Items Required to be in the Vehicle.

(a) Commuter-Van Vehicles must carry the following inside the Vehicle any time the Vehicle is in operation:

   (1) The Commuter-Van Vehicle License;

   (2) The Driver’s Commuter-Van Driver’s License (this must be mounted in a protective holder behind the Driver’s seat);

   (3) The Authorization to operate a Commuter-Van Service, or a legible photocopy; and

   (4) The Vehicle registration and evidence of current liability insurance.

~

  1. Commuter-Van Passengers’ Bill of Rights.

   (1) Every Vehicle Owner must post a Commuter-Van Passengers’ Bill of Rights in a form and format prescribed by the Commission.

   (2) The Commission will post the proper form and format on its Web site or will provide the information through other appropriate means that will be posted on its Web site.

   (3) The Commuter-Van Passengers’ Bill of Rights must be placed in a protective holder attached to the back of the front Passenger’s seat.

~

§ 61A-29 Vehicle Equipment.

(a) Two-Way Radio. A Commuter-Van Vehicle Owner that uses a two-way radio or other communications system must be in compliance with all regulations of the Federal Communications Commission relating to the communication system.

~

  1. Heating and Air Conditioning. A Commuter-Van Vehicle must be equipped with functioning heating and air conditioning equipment.

~

Subchapter 61B: Commuter-Van Service Owners

§ 61B-01 Scope of this Sub-chapter.

(a) To establish the procedures and requirements for obtaining and maintaining Authorization for a Commuter-Van Service.
  1. To provide penalties for violation of the requirements of maintaining Authorization for a Commuter-Van Service.
  2. The Rules in this sub-chapter apply, primarily, to the Commuter-Van Service Owner. When a Rule references that another party is also responsible, unless otherwise clearly stated, the responsibility is joint and several and both parties may be held entirely responsible for a violation of the Rule.

§ 61B-02 Penalties.

(a) Unlicensed Activity.

   (1) Unlicensed Activity is the act of providing or advertising the provision of any Commission-regulated for hire transportation service by:

      (i) Any Licensee or holder of an Authorization whose License or Authorization is suspended, revoked, or expired and not yet renewed, or

      (ii) Any person who does not hold a Valid License or Authorization from the Commission as a for hire driver, or for the for hire vehicle, or for the for hire service, as applicable.

  1. Specific Penalties. If there are specific penalties for violating a Rule, they are shown at the end of the Rule. The penalty section also states whether the violator must attend the Hearing.
  2. Payment of Fines.

   (1) Fines are due not later than 30 days after the Respondent is found guilty of or pleads guilty to the violation, unless:

      (i) the Respondent files an appeal of the decision issued by the Taxi and Limousine Tribunal within the time required by 48 RCNY Chapter 5, in which case the payment of the fines will be deferred until 30 days after the date of the appeal decision.

   (2) If the fine is not paid by the close of business on the date due, the Commission will notify the Respondent in writing that the Respondent’s License will be suspended in 10 business days of the date of the notification until the fine is paid, unless the Respondent demonstrates to the Commission, in person or in writing, that the fine has been paid.

  1. Mandatory Penalties.

   (1) The following cumulative violations will result in mandatory revocation:

Section Violation Cumulative Criteria Penalty, after opportunity for Hearing
35 RCNY § 61B-11(b) Failure to maintain proper insurance Each of a group of 30% of the total number of Vehicles affiliated with the Service violates three or more times within 12 months Revocation of Service Authorization
35 RCNY § 61B-26 Failure to comply with any safety inspection requiremen Each of a group of 30% of the total number of Vehicles affiliated with the Service violates three or more times within 12 months Revocation of Service Authorization
35 RCNY § 61B-10(a) Operating a Vehicle without a Commuter-Van Drivers License Any Driver driving for the Service commits three or more violations within six months Revocation of Service Authorization
35 RCNY § 61B-10(c) Drivers operating a vehicle without any one of the licenses necessary to operate a Commuter Van The number of violations is equal to 90% (rounded up) of the Service’s Vehicles, or 5, whichever is greater Revocation of Service Authorization

~

   (2) A Service that has had its Authorization revoked under any of these mandatory penalties is not permitted to apply for a new Authorization for a period of six months after the date of revocation.

§ 61B-03 Definitions Specific to this Sub-chapter.

(a) Applicant in this Sub-chapter means an applicant for an original Commuter-Van Service Authorization or its renewal.
  1. Authorization means the Commission’s approval to operate a Commuter-Van Service within the geographic boundaries specified by the Commission. An Authorization is a License.
  2. Business Entity is a sole proprietorship, partnership, limited liability company or corporation.
  3. Driver in this Sub-chapter refers to a Commuter-Van Vehicle Driver.
  4. Finding of Public Need means a determination that a Commuter-Van Service being proposed will be required either now or in the future for the convenience and necessity of the public.
  5. Limited Business Entity Persons are all Business Entity Persons except shareholders holding less than 10% of the stock of the Business Entity.
  6. New York City will be abbreviated NYC or the City.
  7. New York State will be abbreviated NYS.
  8. Official Bus Route in this Sub-chapter means the route, including all stops, traveled upon by a bus line that is operated by:

   (1) The New York City Transit Authority

   (2) The City of New York, or

   (3) A private bus company that has been approved by local law or Charter provision enacted in accordance with § 80-4 of the Transportation Law.

  1. Owner, when used alone in this Sub-chapter, means a Commuter-Van Service Owner.
  2. Vehicle, when used alone in this Sub-chapter, means a Licensed Commuter-Van Vehicle.

§ 61B-04 Authorization – Requirements.

(a) [Reserved.] ID.
  1. [Reserved.] Age.
  2. Fingerprinting to Verify Good Moral Character.

   (1) An Applicant for a new Service Authorization must be fingerprinted for the purpose of securing criminal history records from the NYS Division of Criminal Justice Services.

   (2) An Applicant for a renewal of a Service Authorization must be fingerprinted when a new Finding of Public Need is also required.

   (3) Fingerprints will be taken of all of the Applicant’s Limited Business Entity Persons.

   (4) If the Applicant intends to add or change any additional Limited Business Entity Persons, the Applicant must apply for the Commission’s approval within five days of the change or addition, and those additional Limited Business Entity Persons must be fingerprinted either before or during the Commission’s approval process.

   (5) The Applicant must pay any processing fee required by the State.

  1. Fitness to Hold Authorization. No Commuter-Van Service Authorization can be issued or renewed unless an Applicant demonstrates to the satisfaction of the Commission that the Applicant is Fit to Hold a License (Authorization) to operate a Commuter-Van Service.
  2. Designate Driver as Agent for Service. An Applicant must agree that any Commuter-Van Driver who drives for Owner’s Commuter-Van Service will be considered an agent of the Service Owner for purposes of accepting service of any and all legal process issued by any department of the City of New York.
  3. Forms and Filing. An application for a Commuter-Van Service Authorization or renewal must be submitted on forms provided by the Commission, signed by the applicant, and personally filed with the Commission.
  4. Certification of Compliance with ADA. An applicant for an Authorization to operate a Commuter-Van Service or its renewal must certify by affidavit, annually, that the 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.).
  5. Certification of Compliance with Federal Omnibus Testing Act. An Applicant for an Authorization to operate a Commuter-Van Service or for its renewal must certify by affidavit, annually, that the Commuter-Van Service is in compliance with all applicable provisions of section 5 of the Federal Omnibus Transportation Testing Act of 1991 , as amended, and all regulations relating to the Act.
  6. A “Finding of Public Need”.

   (1) The Commission cannot issue an Authorization to operate a Commuter-Van Service unless the NYC Commissioner of Transportation makes a Finding of Public Need.

   (2) Role of the Commission:

      (i) The Commission will forward any new application for Authorization to operate a Commuter-Van Service (or a renewal application that requires a new Finding of Public Need) to the NYC Commissioner of Transportation.

      (ii) The application must include the following information:

         A. The geographic area proposed to be served by the Applicant;

         B. The maximum number of vehicles to be operated; and

         C. The capacity of each vehicle.

      (iii) The Applicant has the burden of demonstrating that the proposed service will be required now or in the future for the convenience and necessity of the public.

   (3) Role of the NYC Commissioner of Transportation.

      (i) The Commissioner of Transportation may request that the Applicant provide additional information relevant to his or her determination but shall not require statements of public support as part of the application.

      (ii) The Commissioner of Transportation must:

         A. Consult with the NYS Department of Transportation,

         B. Provide a notice of the application for publication in the City Record

         C. Allow for public comment for a period not to exceed 60 days after the date of publication of the notice.

         D. Notify the New York City Transit Authority and all City Council members and community boards representing any portion of the geographic area set forth in the application.

      (iii) If a city bus line or the New York City Transit Authority initiates a protest by timely submitting objections to the application for a Finding of Public Need, the Commissioner of Transportation will evaluate their objections as follows:

         A. The adequacy of the existing 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 transit or mass transportation facilities.

      (iv) If the Commissioner of Transportation makes a Finding of Public Need, the Finding must specify the geographic area where service is authorized and the number of Commuter-Van Vehicles authorized to be used in providing the service.

   (4) Term of a Finding of Public Need.

      (i) A Finding of Public Need will be in effect until the Authorization granted by the Commission is revoked or such determination of the Finding of Public Need is revoked by the Commissioner of Transportation.

      (ii) Upon the revocation of an authorization, no authorization to operate a commuter Van service shall be renewed unless a new determination of public need is made by the Commissioner of Transportation.

  1. Payment of Fines and Fees.

   (1) An Applicant, including an applicant for a renewal License, must pay, and provide proof of payment of, any outstanding fines or fees owed by the Applicant to

      (i) the Commission,

      (ii) NYC Department of Finance’s Parking Violations Bureau,

      (iii) NYC Department of Finance’s Red Light Camera Unit,

      (iv) NYS DMV’s Traffic Violations Bureau and

      (v) any of their successor agencies.

   (2) This requirement includes payment of fines and fees owed as of the date of the application by

      (i) any Business Entity Persons of the Applicant

      (ii) any Business Entity of which the Applicant is a Business Entity Person, and

      (iii) any Business Entity of which a Business Entity Person of Applicant is also a Business Entity Person.

   (3) An Applicant, including an Applicant for a renewal License, must pay any fines related to their failure to surrender a previously revoked License (of any type), unless the Applicant can demonstrate in person or in writing that the License has been surrendered.

  1. Business Entities. An Applicant which is a Business Entity must provide the following documents:

   (1) Partnerships. If the Applicant is a partnership, it must file with its application a certified copy of the partnership certificate from the clerk of the county where the partnership’s principal place of business is located.

   (2) Corporations. If the Applicant is a corporation, it must file with its application:

      (i) A certified copy of its certificate of incorporation

      (ii) A list of officers and shareholders

      (iii) A certified copy of the minutes of the meeting at which the current officers were elected.

   (3) Limited Liability Companies (LLCs). If the Applicant is a limited liability company, it must file with its application:

      (i) A copy of its articles of organization

      (ii) A copy of its operating agreement

      (iii) A list of the members, with the percentages of the Applicant owned by each.

  1. Address. An Applicant must give the Commission the Applicant’s current Mailing Address and Email Address.

§ 61B-05 Authorization – Term of Authorization.

(a) New Authorizations. A new Commuter-Van Service Authorization will remain in effect until the authorization is revoked by the Commission or by the Commissioner of Transportation.
  1. TLC License Renewals. The renewal term of the TLC license is two years from the date on which the previous license expired.
  2. No Temporary Authorization. The Commission will not issue a temporary authorization to operate a Commuter-Van Service.
  3. When to File for Renewal.

   (1) A renewing Applicant must file a completed application at least 60 days before the expiration date of the license.

   (2) Application Submission Date.

      (i) Applications filed online: The date of submission is the date an application is filed online.

      (ii) Applications filed by mail: The date of submission is the postmark date.

      (iii) Applications filed in person: The date of submission is the date an application is filed in person.

   (3) The Commission will not accept a renewal application after the expiration date of the license. If the application is not filed before the expiration date, the license cannot be renewed.

  1. Suspended Licenses.

   (1) If an Authorization is suspended, the Licensee must file for renewal as required in (c) above if the Licensee wants to renew the Authorization. Failure to complete the renewal requirements means that the Authorization cannot be renewed.

   (2) An Authorization that is suspended is not Valid and cannot be used until the suspension ends. This is true even if the Applicant has filed an application for a renewal.

§ 61B-06 Authorization Fees.

(a) Fee for Authorization. The fee for a Commuter Van Service Authorization will be $275 annually.
  1. When Fee is Paid. The fee for an original or renewal Authorization must be paid at the time the application is filed.
  2. No Refund if Application Denied. The Commission will not refund fees if it denies or disapproves the application.
  3. Authorization Replacement Fee. The fee to replace any lost, damaged or destroyed Authorization is $25.

§ 61B-07 Authorization – Causes for Denial.

(a) Material Misrepresentation. The Commission can deny an application for Authorization if the Applicant has made a material false statement or concealed a material fact relating to the information required on the application.
  1. Conduct Prohibited by Rules. The Commission can deny an application if the Applicant has engaged in any conduct that would be a basis for suspension or revocation of the Authorization under the Rules in this sub-chapter.
  2. Prior Unlicensed Activity. The Commission will deny an application for an Authorization if the Applicant has been found guilty of operating a Commuter-Van Service without Authorization two times within a six-month period prior to the date of application.
  3. Failure to Complete Application Requirements.

   (1) The Chairperson will deny an application for a new Authorization if the Applicant has not completed all the requirements of an application within 90 days of the date the application is filed.

   (2) The Chairperson will deny an application for a renewal Authorization if the Applicant has not completed all the requirements of an application by the expiration date of the prior Authorization.

   (3) The Chairperson will not deny an application under this Rule if completion is delayed because the Chairperson has not issued a final decision and the Applicant has complied with any requests made by the Chairperson.

  1. Refusal to Renew. The Commission may refuse to renew a Commuter-Van Service Authorization for additional reasons, including but not limited to:

   (1) The Applicant or any of its Limited Business Entity Persons or employees has violated any provision of these Rules or any of the rules relating to commuter van service in Chapter 5, Title 19 of the Administrative Code.

   (2) The Applicant or any of its Limited Business Entity Persons or employees has engaged in any fraud or misrepresentation in connection with providing any transportation service.

   (3) The Applicant or any of its Limited Business Entity Persons has failed to pay any penalty that has been properly imposed under these Rules.

   (4) The Applicant or any of its Limited Business Entity Persons has been convicted of a crime that the Commission believes has a direct bearing upon the Applicant’s fitness or ability to perform the functions required of a Commuter-Van Service Owner, or has been convicted of any offense that under Article 23-A of the NYS Correction Law would provide a basis for the Commission to refuse to renew or to suspend or revoke a Commuter-Van Service Authorization.

   (5) The Applicant has failed to maintain the conditions of operation that apply to Commuter-Van Service Owners.

   (6) The Applicant or any of its Limited Business Entity Persons or employees has engaged in discrimination according to the provisions of § 8-107 of the Administrative Code.

  1. Additional Consideration of an Application. If a review of the application leads the Chairperson to believe that the Applicant may not be Fit to Hold a License (Authorization), the Chairperson may seek additional information from the Applicant. This request for additional information may be an in-person interview, telephone call, letter, e-mail, or other method of communication. This additional consideration may result in the denial of the application.

§ 61B-08 Licensing – Transfer of License.

(a) Not Transferrable or Assignable Without Approval. An authorization to operate a Commuter-Van Service will not be assignable or transferable unless otherwise provided by the Commission.

§ 61B-09 Licensing – Care of Licenses.

(a) If the Authorization for a Commuter-Van Service is lost, damaged, or destroyed, the Owner must provide the Commission with a statement of what happened and any proof that the Commission requires.
  1. The Commission can issue a duplicate or substitute Authorization upon the Owner’s payment of a $25 fee.

§ 61B-10 Comply with Laws – No Unlicensed Activity.

(a) Vehicle Must Be Licensed. A Commuter-Van Service Owner must not allow an vehicle to be operated within the City of New York (meaning performing passenger pick-up and drop-off wholly within New York City) if the vehicle does not have a Valid Commuter-Van License from the Commission.

~

  1. Vehicle Must Be Affiliated with Authorized Commuter-Van Service. A Commuter-Van Service Owner must not operate a Commuter-Van Vehicle within the City of New York unless it is affiliated with the Owner’s Commuter-Van Service.

~

  1. Driver Must Be Licensed. The Commuter-Van Service Owner is responsible for ensuring that anyone operating a Commuter-Van Vehicle affiliated with the Owner’s Service has:

   (1) A Valid driver’s license that qualifies as a Chauffeur’s License, and

   (2) A Valid Commuter-Van Driver’s License.

   (3) The License of a Consumer-Van Service Owner who allows a Commuter Van Vehicle affiliated with the Owner’s Service to be operated by anyone without a valid Chauffer’s License and a valid Commuter-Van Driver’s License will be summarily suspended.

~

  1. No Person Can Operate an Unlicensed Commuter-Van Vehicle or Service.

   (1) No person is allowed to operate or to allow anyone else to operate his or her vehicle bearing the words “Commuter-Van service,” “van service,” “Commuter-Van,” “van” or other similar designation unless:

      (i) The vehicle is a Validly Licensed Commuter Van Vehicle

      (ii) The Vehicle is affiliated with a Validly Authorized Commuter-Van Service, and

      (iii) The Vehicle is driven by a Validly Licensed Commuter-Van Driver.

   (2) A “License” that has expired and has not yet been renewed is not a “Valid License” and operating with an expired License is considered “unlicensed activity.”

~

  1. Special Procedures Relating to Unlicensed Commuter-Van Operations.

   (1) The Commission will notify the NYS Commissioner of Motor Vehicles upon finding a person liable for:

      (i) Operating a vehicle without a Valid Commuter-Van Vehicle License, or

      (ii) Operating a vehicle that is not affiliated with an Authorized Commuter-Van Service.

   (2) Until notified that the violation has been corrected, the Motor Vehicle Commissioner can:

      (i) Suspend the vehicle’s registration,

      (ii) Deny any application for the vehicle’s registration or registration renewal,

      (iii) Take any other action permitted under law.

   (3) The Commission will also notify the NYS Department of Finance.*

§ 61B-11 Comply with Laws – Insurance Coverage.

(a) Joint Responsibility. The Commuter-Van Service owner must ensure that no Commuter-Van will be used in the Commuter-Van Service unless such vehicle is in compliance with the insurance requirements set forth in this 35 RCNY § 61B-11.

~

  1. Surety Bond or Policy of Insurance. No Commuter-Van Vehicle can be used in the operation of a Commuter-Van Service unless it is covered by a surety bond or a policy of insurance approved as to form by the Commission and issued by a solvent and responsible company authorized to do business in this State by the Superintendent of Insurance. Coverage must be in at least the following amounts:
Type of Liability Minimum Coverage Required  
Commuter-Van for 12 Passengers Or Fewer Commuter-Van for 13 - 20 Passengers  
• For personal injury or death to one person $100,000 $100,000
  • For personal injury or death to one person in one accident
$300,000 $500,000
• Maximum for each person in one accident $100,000 $100,000
• For property damage $50,000 $50,000

~

~

  1. Remain in Effect Until Terminated. Surety bonds and certificates of insurance must specify that coverage will remain in effect continuously until terminated as provided in this Sub-chapter.
  2. Conditions for Replacement of Bonds or Insurance. Surety bonds or certificates of insurance may be replaced, and the liability of the retiring surety or insurer will be considered terminated as of the effective date of its replacement, provided that the replacement surety bond or certificate of insurance meets all of the following conditions:

   (1) The new surety bond or certificate of insurance is acceptable to the Commission.

   (2) The Commuter-Van Service Owner or an authorized employee of the van service submits, in duplicate, a letter authorizing the replacement surety bond or certificate of insurance and verifying its effective date.

   (3) The effective date must coincide with the effective date specified in the letter of authorization, and that date may not be more than 30 days before the date the Commission receives the letter of authorization and replacement certificate.

  1. Provision for Continuing Liability. Every surety bond or certificate of insurance must contain a provision for a continuing liability even after a claim has been successfully filed and recovered against the bond or insurance.
  2. Notice of Cancellation to the Commission.

   (1) Every surety bond or certificate of insurance must include a provision that cancellation will not be effective until at least 30 days after the Commission has been properly notified in writing of the party’s intention to cancel.

   (2) Proper notification must be given on or in the relevant Form K – Uniform Notice of Cancellation of Motor Carrier Insurance Policies or Form L – Uniform Notice of Cancellation of Motion Carrier Surety Bonds. Copies of these forms are available at Commission offices.

   (3) If a cancelled insurance policy or bond is reinstated:

      (i) A new certificate, in the form required by subdivision (d) of this section, must be filed with the Commission, and

      (ii) The new certificate must have the relevant phrase “REINSTATEMENT OF INSURANCE POLICY” or “REINSTATEMENT OF BOND” typed or printed on it in capital letters, as shown.

  1. Forms. Certificates of insurance and other forms necessary for filing can be obtained from the Commission.
  2. Contract is Required. No surety bond or certificate of insurance can be filed with the Commission unless a direct contractual relationship exists between the Authorized Commuter-Van Service (or the Commuter-Van Vehicle Licensee) and the insurance or bonding company making the filing.
  3. Commission’s Right to Refuse. The Commission can at any time refuse to accept any surety bond or certificate of insurance if in the judgment of the Commission it does not provide adequate protection for the public.

§ 61B-12 Comply with Laws – Personal Conduct.

(a) No Bribery. A Commuter-Van Service Owner must not directly or indirectly offer or give any gift, gratuity or thing of value to any employee, representative or member of the Commission or any public servant who is charged with the administration or enforcement of this sub-chapter or any traffic rule or law. All administrative hearings on this matter will be referred to OATH.

~

  1. Report Request for Gift. A Commuter-Van Service Owner must immediately report to the Commission and to the New York City Department of Investigation any request or demand for a gift, gratuity or thing of value by any employee, representative or member of the Commission or any public servant who is charged with the administration or enforcement of this sub-chapter or any traffic rule or law. All administrative hearings on this matter will be referred to OATH.

~

  1. No Threat or Use of Physical Force. While performing the duties and responsibilities of an Authorized Commuter-Van Service Owner, or any act in connection with those duties, an Owner must not use or attempt to use any physical force against a person or Service Animal and must not distract or attempt to distract any Service Animal.

~

  1. Report Criminal Conviction.

   (1) A Commuter-Van Service Owner must notify the Commission within five calendar days after any criminal conviction of the Licensee, individually or, if the Owner is a Business Entity, of any Limited Business Entity Person.

   (2) The notice must be in writing and must be accompanied by a certified copy of the certificate of disposition issued by the clerk of the court explaining what happened as a result of the conviction.

~

  1. Cooperate with TLC. A Commuter-Van Service Owner must:

   (1) Truthfully answer all questions and comply with all communications, directives, and summonses issued by the Commission or its representatives;

~

   (2) Produce or be responsible for instructing Drivers working in association with Owner’s Commuter-Van Service to produce any documents required to be kept in the Commuter-Van Vehicle upon the demand of the Commission or its representatives;

~

   (3) Produce any other document the Owner is required to keep no later than 10 days following a request from the Commission;

~

   (4) Aid the Commission to obtain information regarding any Commuter-Van Driver or Commuter-Van Vehicle affiliated with the Owner’s Commuter-Van Service.

~

   (5) Respond to any contact from the Commission within 48 hours, seven days a week.

~

  1. No Willful Acts of Omission. While performing the duties and responsibilities of a Commuter-Van Vehicle Owner, a Licensee must not deliberately fail to perform, alone or with another, any act where this failure is against the best interests of the public.

~

  1. No Willful Acts of Commission. While performing the duties and responsibilities of a Commuter-Van Vehicle Owner, a Licensee must not deliberately perform or attempt to perform, alone or with another, any act that is against the best interests of the public.

~

  1. Fraud, Misrepresentation, Theft. While performing the duties and responsibilities of a Commuter-Van Service Owner, a Licensee must not commit or attempt to commit, any act of fraud, misrepresentation or theft.

~

  1. Facilitation of Sex Trafficking with a Vehicle. A Commuter-Van Service Owner must not Facilitate Sex Trafficking with a Vehicle.

~

  1. Retaliation.

   (1) A Commuter Van Service Owner must not retaliate against any Driver for making a good faith complaint against any Owner.

   (2) Retaliation will be broadly construed, and will include imposing any adverse condition or consequence on the Driver or withholding or withdrawing any beneficial condition or consequence from the Driver.

~

§ 61B-13 Comply with Laws – Miscellaneous.

(a) Commission Rules. The following actions can result in suspension or revocation of an Owner's Commuter-Van Service Authorization:

   (1) The Owner or any of its Limited Business Entity Persons or employees violates any provision of these Rules or any of the rules relating to Commuter-Van Service in Chapter 5, Title 19 of the Administrative Code.

   (2) The Owner or any of its Limited Business Entity Persons or employees engages in any fraud or misrepresentation in connection with providing any transportation service.

   (3) The Owner or any of its Limited Business Entity Persons fails to pay any penalty that has been properly imposed under these Rules.

   (4) The Owner or any of its Limited Business Entity Persons is convicted of a crime that the Commission believes has a direct bearing upon the Owner’s fitness or ability to perform the functions required of a Commuter-Van Service Owner.

   (5) The Owner fails to maintain the conditions of operation that apply to Commuter-Van Service Owners.

   (6) The Owner or any of its Limited Business Entity Persons or employees engages in discrimination according to the provisions of § 8-107 of the Administrative Code.

  1. Workers Compensation. A Commuter-Van Service Owner must comply with all provisions of the NYS Workers’ Compensation Laws and regulations with respect to coverage of and benefits to eligible persons.

~

  1. Disability Laws. A Commuter-Van Service Owner must ensure that any new Commuter-Van Vehicle purchased or leased by the Commuter-Van Service complies with all applicable provisions of law regarding accessibility to Persons with Disabilities.

~

  1. Motor Vehicle Registration Laws. A Commuter-Van Service Owner must ensure that no Commuter-Van is used in the operation of a Commuter-Van Service unless the Vehicle is in compliance with the registration requirements of the NYS Vehicle and Traffic Law.

~

§ 61B-14 Operations – Business Premises. [Reserved]

(a) No Pick-Ups Outside Authorized Area. No Commuter-Van Service Owner will permit the pick up or discharge of passengers outside of the geographical area established in the Owner's Authorization.

~

  1. No Pick-Ups Along Bus Routes.

   (1) Restriction. No Commuter-Van Service Owner will permit the pick up or discharge of passengers along any Official Bus Route.

~

   (2) Grandfathered Exception.

      (i) This restriction will not apply to the pick up and discharge of passengers along bus routes in Manhattan, south of Chambers Street, by Commuter-Van Service Owners that had authority on July 1, 1992 from the NYS Department of Transportation to pick up and discharge passengers along bus routes in that area

      (ii) The scope of operations by the exempted Commuter-Van Service, however, must not exceed the scope of its operations prior to July 1, 1992.

  1. Service Must Be Pre-Arranged. No Commuter-Van Service Owner will permit transportation service unless the service is prearranged and the prearrangement is shown on the Passenger Manifest.

~

  1. Multiple Person Liability. The Commuter-Van Service Owner is liable for violating this Rule even when the actual violation has been unilaterally committed by the Commuter-Van Driver.

§ 61B-17 Operations – Responsibility with Respect to Drivers.

(a) Prohibit Disability Discrimination by Drivers. A Commuter-Van Service Owner must not allow a Driver to discriminate unlawfully against Persons with Disabilities. Such discrimination includes, but is not limited to:

   (1) Refusing to serve Persons with Disabilities,

   (2) Refusing to load and unload the mobility aids of Persons with Disabilities, and

   (3) Imposing any charge in addition to the authorized fare for the transportation of Persons with Disabilities, service animals, wheelchairs, or other mobility aids.

  1. Multiple Person Liability. The Commuter-Van Service Owner will be liable for violating this Rule even when the actual violation has been unilaterally committed by the Commuter-Van Driver.

~

§ 61B-18 Records – Trip Record Information.

(a) Commuter-Van Service. The Commuter-Van Service Owner is responsible for ensuring that the following records are kept:

   (1) The number of passengers each Commuter-Van Vehicle affiliated with the Commuter-Van Service picks up each day.

~

   (2) The records required by this paragraph must be kept for a period of one year and will be subject to inspection by authorized officers or employees of the Commission during regular business hours.

~

§ 61B-19 Records – Current Contact Information.

(a) Current Phone Number for Immediate Access. A Commuter-Van Service Owner must maintain on file with the Commission a current telephone number (connected to an answering machine or recording device), pager number, answering service number or a number for any similar means of telephone contact that allows the Vehicle Owner to be reached by the Commission on a 24-hour basis.

~

  1. Mailing and Email Address.

   (1) A Commuter-Van Service Owner must have a working Email Address at all times.

   (2) A Commuter-Van Service Owner must report any change of Mailing Address or Email Address to the Commission in person or by mail within ten days.

~

   (3) Any communication from the Commission is sufficient if sent to the last Mailing Address provided by the Commuter-Van Service Owner.

   (4) Any communication from the Commission, except notices and summonses for which the manner of service is specified in 35 RCNY § 68-05, is sufficient if sent by email to the last Email Address provided by the Commuter-Van Service Owner.

§ 61B-20 Records – Additional Records to be Maintained.

The Commuter-Van Service Owner is responsible for keeping the following records:

  1. A list of all Vehicles currently operating under the Service Owner’s Authorization, and information about each vehicle including, but not limited to the following:

   (1) The Vehicle Owner’s name, mailing address, and home telephone number,

   (2) The Vehicle’s registration number,

   (3) The Vehicle’s Commuter-Van License number,

   (4) The Department of Motor Vehicles license plate number of the Vehicle,

   (5) The name of the Vehicle’s insurance carrier and the policy number, and

   (6) The dates of inspection of the Vehicle and the outcome of each inspection.

~

  1. The records required by this paragraph must be kept for a period of one year and will be subject to inspection by authorized officers or employees of the Commission during regular business hours.

~

§ 61B-21 Reporting Requirements. [Reserved]

(a) Advertising to State TLC Licensed/Authorized. No one is permitted to advertise Commuter-Van services unless the advertisement states CONSPICUOUSLY that the Commuter-Van Vehicle is Licensed by the Commission and includes the affiliated Commuter-Van Service Authorization number.

~

§ 61B-25 Vehicle Condition – Inspections.

(a) Inspection by NYS Department of Transportation. The Commuter-Van Service Owner will be responsible for compliance with the following provisions:

   (1) A Commuter-Van Vehicle must not be operated as a Commuter-Van Vehicle unless it has been inspected by the NYS Department of Transportation.

   (2) Provisions and requirements for this inspection can be found in the safety provisions (§ 140) of the NYS Transportation Law or as modified by an agreement between the NYS Department of Transportation and the Commission, as provided in NYS Transportation Law § 80(5)(a)(1).

~

  1. All Commuter-Van Vehicles must display the inspection certificate.

~

§ 61B-26 Vehicle Condition – Meets Safety Standards.

(a) No Commuter-Van Vehicle can be used in a Commuter-Van Service unless it meets the vehicle safety standards prescribed by rule or regulation of the NYS Commissioner of Transportation according to § 140 of the NYS Transportation Law.

~

§ 61B-27 Vehicles – Markings and Displays.

(a) Required Exterior ID Markings. All Commuter-Van Vehicles must have the following information conspicuously painted on each side of the exterior of the vehicle in letters at least 3 inches in height:

   (1) The exact name and address of the Commuter-Van Service next to the word OPERATOR;

   (2) The Commuter-Van Vehicle Owner’s exact name next to the word OWNER; and

   (3) A Vehicle License number.

~

  1. Required Interior ID Markings.

   (1) A sign with the information listed above (in subdivision (a)) must be placed in the interior of the Vehicle clearly visible from all Passenger seats in the Vehicle.

   (2) The sign must include the statement that any complaints can be submitted to the Taxi and Limousine Commission by calling “311” or through the Commission’s website, http://nyc.gov/taxi.

~

  1. Valid TLC Decal.

   (1) Each time a Commuter-Van Vehicle License is issued or renewed or transferred to a new Vehicle, the Vehicle must be taken to a Commission inspection facility to have four decals affixed to the Vehicle.

   (2) No Commuter-Van Vehicle License is Valid unless the Vehicle has the appropriate, undamaged decals in each of the following locations:

      (i) The lower right corner of the front windshield

      (ii) The center of the rear window

      (iii) One on each of the rear-most side windows.

~

    1. Commuter Van Decal.

   (1) All Commuter Van vehicles must permanently affix and display the Commuter Van Decal, whose dimensions are 21.7 inches wide by 11 inches high, and the TLC License Number Decal, whose dimensions are 2.5 inches high:

      (i) Driver side front door (Required).

         A. Commuter Van Decal. The decal must be placed centered left to right and located in the upper half of the flat surface between the door trim and door handle and parallel to the door trim.

         B. License Number Decal. The decal must be placed centered left to right and horizontally below the Commuter Van Decal.

      (ii) Passenger side front door (Required).

         A. Commuter Van Decal. The decal must be placed centered left to right and located in the upper half of the flat surface between the door trim and door handle and parallel to the door trim.

         B. License Number Decal. The decal must be placed centered left to right and horizontally below the Commuter Van Decal.

   (2) All Commuter Van vehicles may permanently affix and display on the rear door of the vehicle an optional Commuter Van Decal, whose dimensions are 21.7 inches wide by 11 inches high, and an optional TLC License Number Decal, whose dimensions are 2.5 inches high:

      (i) Rear door (Optional).

         A. Commuter Van Decal. The decal must be placed centered from left to right and located in the upper half of the flat surface between the door trim and door handle and parallel to the door trim.

         B. License Number Decal. The decal must be placed centered left to right and horizontally below the Commuter Van Decal.

~

  1. Vehicle Cannot Be Yellow. A Commuter-Van Vehicle must not be operated in a Commuter-Van Service if the Vehicle is painted, in whole or in part, any shade of taxicab yellow.

~

  1. Required Sticker. Each Commuter-Van Vehicle must display an internal safety sticker, with the following inscription: “Turning? People are Crossing.” The dimensions of the sticker are 3.5 inches wide by 2.5 inches high. The sticker must be obtained pursuant to the instructions on the Commission’s website or through other appropriate means announced on the website. The sticker must be placed in the Vehicle as follows:

   (1) On the inside of the front windshield, in the center and adjacent to the top of the windshield directly behind the rearview mirror.

   (2) In such a manner not to obstruct the driver’s view.

~

  1. Optional Sticker. Commuter-Van Vehicles may display an optional external sticker, with the following inscription: “The choices you make behind the wheel matter.” The dimensions of the sticker are 15 inches wide by 4 inches wide. The sticker may be obtained pursuant to the instructions on the Commission’s website or through other appropriate means announced on the website. If displayed, the sticker must be placed on the Vehicle as follows:

   (1) On the rear bumper of the vehicle.

  1. Required Sticker. Each Commuter-Van Vehicle must display an internal safety sticker, with the following inscription: “ATTENTION: Assaulting A Driver Is Punishable By Up to Twenty-Five Years in Prison.” The dimensions of the sticker are 8.0 inches wide by 2.0 inches high. The sticker must be obtained pursuant to the instructions on the Commission’s website or through other appropriate means announced on the website. The sticker must be placed in the Vehicle as follows:

   (1) Incorporated into the Commuter-Van Bill of Rights.

~

  1. Optional Sticker. Each Commuter-Van Vehicle may display an external safety sticker, with the following inscription: “Taxi and Limousine Drivers Are Protected By New York State Law ATTENTION: Assaulting A Driver Is Punishable By Up to Twenty-Five Years in Prison.” The dimensions of the sticker are 3.5 inches wide by 3.5 inches high. The sticker may be obtained pursuant to the instructions on the Commission’s website or through other appropriate means announced on the website. The sticker must be placed in the Vehicle as follows:

   (1) Exterior, on a door or a side window.

  1. Required Decal. Each Commuter-Van Vehicle with Hearing Induction Loop capability must display a Hearing Induction Loop Decal. The decal will feature the International Symbol of Access for Hearing Loss, described as the profile of an ear with a wide diagonal line running from the bottom left to the top right. The symbol contrast shall be light on dark or dark on light. A “T” will be placed in the lower right-hand corner of the decal. The decal will be placed as follows:

   (1) As directed by the Chairperson.

~

§ 61B-28 Vehicles – Items Required to be in the Vehicle.

(a) Commuter-Van Vehicles must carry the following inside the Vehicle any time the Vehicle is in operation:

   (1) The Commuter-Van Vehicle License;

   (2) The Driver’s Commuter-Van Driver’s License;

   (3) The Authorization to operate a Commuter-Van Service, or legible photocopy; and

   (4) The Vehicle registration and evidence of current liability insurance.

~

§ 61B-29 Vehicle Equipment.

(a) Two-Way Radio. A Commuter-Van Vehicle Owner that uses a two-way radio or other communications system must be in compliance with all regulations of the Federal Communications Commission relating to the communication system.

~

Chapter 62: Taxicab Brokers

§ 62-01 Scope of this Chapter.

(a) To establish procedures for the licensing and supervision of an individual or Business Entity acting as a Taxicab Broker.
  1. To establish the qualifications, requirements, prohibitions, and procedures for getting and maintaining a Taxicab Broker’s License.
  2. To establish operating rules to protect the customers and the public.
  3. To establish appropriate penalties for the violation of these Rules.

§ 62-02 Penalties.

(a) Unlicensed Activity.

   (1) Unlicensed Activity is the act of providing or advertising the provision of any Commission-regulated service or business by:

      (i) Any Licensee whose License is suspended, revoked, or expired and not yet renewed, or

      (ii) Any person who does not hold a Valid License from the Commission for the service or business.

   (2) Unlicensed Activity specifically includes the activities listed in § 19-528 of the Administrative Code and can subject the violator to padlocking and other penalties.

  1. Specific Penalties. If there are specific penalties for violating a Rule, they are shown at the end of the Rule. The penalty section also states whether the violator must attend the Hearing.
  2. Payment of Fines.

   (1) Fines are due not later than 30 days after the Respondent is found guilty of or pleads guilty to the violation, unless:

      (i) the Respondent files an appeal of the decision issued by the Taxi and Limousine Tribunal within the time required by 48 RCNY Chapter 5, in which case the payment of the fines will be deferred until 30 days after the date of the appeal decision.

   (2) If the fine is not paid by the close of business on the date due, the Commission will notify the Respondent in writing that the Respondent’s License will be suspended in 10 business days of the date of the notification until the fine is paid, unless the Respondent demonstrates to the Commission, in person or in writing, that the fine has been paid.

§ 62-03 Definitions Specific to this Chapter.

(a) Administrator means the duly appointed administrator, executor, executrix or personal representative of an estate.
  1. Applicant in this Chapter means an Applicant for an original or renewal License as a Taxicab Broker
  2. Broker or Taxicab Broker is an individual or Business Entity licensed by the Commission to act as an agent for another person or Business Entity in negotiating either of the following:

   (1) The transfer of any interest in a Medallion

   (2) A loan to be secured by a Medallion or a Taxicab

  1. Brokerage is the term for the business of being a Broker.
  2. De-licensed means an individual or Business Entity whose License is suspended or revoked.
  3. Exclusive Listing means that the Broker has been given the right to be the only Broker for a particular transaction. Usually the right will be limited to a specific period of time.
  4. License in this Chapter means a License to be a Taxicab Broker.

§ 62-04 Licensing – General Information Required.

(a) Identification. An Applicant for an original License must provide the following:

   (1) A Valid government-issued photo ID

   (2) A Valid Social Security number

  1. Proof of Age. An individual Applicant and each Business Entity Person of an Applicant must be at least twenty-one (21) years of age.
  2. Fit to Hold a License. An individual Applicant and each Business Entity Person of an Applicant must demonstrate that they are Fit To Hold a License. Fit to Hold a License will be determined in part through fingerprinting and background investigations, as follows:

   (1) Fingerprinting Applicants. An individual and all Business Entity Persons applying for a Broker’s license must be fingerprinted.

   (2) Fingerprinting New Business Entity Persons. Fingerprinting is also required when a Business Entity Licensee adds new Business Entity Persons. A Business Entity Licensee must notify the Commission of any new Business Entity Persons within five working days of their addition. The Commission can permit continued use of the Broker’s License during completion of the background investigation.

   (3) Fingerprinting Financiers. An individual or the Business Entity Person who provides funds for Brokers must be fingerprinted unless the provider is a licensed bank or loan company.

   (4) Waiver of Fingerprinting. The Commission can waive fingerprinting requirements at its discretion.

  1. Proficiency in the English Language. An individual Applicant and at least one Business Entity Person of a Business Entity Applicant must be able to understand, speak, read and write the English language.
  2. Experience. An individual Applicant and at least one Business Entity Person of a Business Entity Applicant must have at least one of the following types of experience:

   (1) Active participation in the Taxicab Brokerage business under the supervision of a licensed Taxicab Broker for not less than one (1) year

   (2) Equivalent experience in the general Taxicab business for a period of at least two (2) years The Applicant must provide a sworn affidavit regarding the required experience. The Commission may allow or require the Applicant to provide other proof of the required experience, or waive the requirement entirely.

  1. Waivers for Attorneys. An attorney who is a member in good standing of the Bar of the State of New York, does not need to submit proof as otherwise required in 35 RCNY § 62-04.
  2. Payment of Fines and Fees.

   (1) An Applicant, including an applicant for a renewal License, must pay, and provide proof of payment of, any outstanding fines or fees owed by the Applicant to

      (i) the Commission,

      (ii) NYC Department of Finance’s Parking Violations Bureau,

      (iii) NYC Department of Finance’s Red Light Camera Unit,

      (iv) NYS DMV’s Traffic Violations Bureau and

      (v) any of their successor agencies.

   (2) This requirement includes payment of fines and fees owed as of the date of the application by

      (i) any Business Entity Persons of the Applicant

      (ii) any Business Entity of which the Applicant is a Business Entity Person, and

      (iii) any Business Entity of which a Business Entity Person of Applicant is also a Business Entity Person.

  1. Business Entities. An Applicant which is a Business Entity must provide the following documents:

   (1) Partnerships. If the Applicant is a partnership, it must file with its application a certified copy of the partnership certificate from the clerk of the county where the partnership’s principal place of business is located.

   (2) Corporations. If the Applicant is a corporation, it must file with its application:

      (i) A certified copy of its certificate of incorporation

      (ii) A list of officers and shareholders

      (iii) A certified copy of the minutes of the meeting at which the current officers were elected.

   (3) Limited Liability Companies (LLCs). If the Applicant is a limited liability company, it must file with its application:

      (i) A copy of its articles of organization

      (ii) A copy of its operating agreement

      (iii) A list of the members, with the percentages of the Applicant owned by each.

      (i) Address. An Applicant must give the Commission the Applicant’s current Mailing Address and Email Address.

§ 62-05 Licensing – Specific Information Required.

(a) Location of Business Premises. The Applicant must provide the physical address of the location where the Applicant will conduct business.
  1. Prior Business or Occupation of Applicant. The Applicant must provide information on the prior business or occupation of the individual Applicant or, if a Business Entity, information on the Applicant’s Business Entity Persons during the two years immediately before the date of the application. The information must specify the place or places of the business or occupation and the name or names of employers.
  2. Potential Conflicts of Interest. The Applicant must disclose all information about Applicant’s interest if the Applicant or any principal of the Applicant also:

   (1) Acts as a lender, insurance broker, or automobile dealer or

   (2) Has a financial interest in a lender, insurance broker, or automobile dealership

  1. Additional Information as Required by the Commission. The Applicant must provide any additional information the Commission may require to determine if the Applicant is qualified to assume the duties and obligations of a Taxicab Broker.

§ 62-06 Licensing – Fees.

(a) Annual Fee. The fee for a Broker's License will be five hundred dollars ($500) annually.
  1. When Fee is Paid. The fee for an original or renewal License must be paid at the time the application is filed.
  2. No Refund if Application Denied. The Commission will not refund fees if it denies or disapproves the application.
  3. License Replacement Fee. The fee to replace any lost, damaged or destroyed License is $25.

§ 62-07 Licensing – Bond Required.

(a) Amount of Bond. An Applicant for a Broker's License or a license renewal must deposit with the Commission a bond in the sum of fifty thousand dollars ($50,000) payable to the City of New York. The bond must be furnished by one or more sureties approved by the Commission.
  1. Bond Guarantees. The bond must guarantee that the Applicant or Licensee will comply with the provisions of the Administrative Code of the City of New York, observe all applicable rules or regulations of the Commission, pay all fines imposed by the Commission, and pay all judgments or settlements arising from any action connected in any way with the Broker’s License.
  2. Fines and Judgments. The Broker is immediately liable for any fine or judgment when the amount becomes due, including in case of an appeal, when the final determination is issued.

§ 62-08 Licensing – Rules for Business Entity Applicants.

(a) Partnerships. If the Applicant is a partnership, its application must include a certificate from the clerk of the county where the principal place of business is located.
  1. Corporations.

   (1) The Commission will not accept any corporate or trade name similar to a name already in use by another Taxicab Broker.

   (2) A corporation must file with its license application the following:

      (i) A certified copy of its certificate of incorporation

      (ii) A list of its officers and shareholders

      (iii) A certified copy of the minutes of the meeting at which the current officers were elected.

§ 62-09 Licensing – Term of License.

(a) Term of License. Taxicab Broker's Licenses will be issued as of January 1st and will expire on the next December 31st unless suspended or revoked before then by the Commission.
  1. When to File for Renewal.

   (1) A renewing Applicant must file a completed application at least 60 days before the expiration date of the License.

   (2) Application Submission Date.

      (i) Applications filed online: The date of submission is the date an application is filed online.

      (ii) Applications filed by mail: The date of submission is the postmark date.

      (iii) Applications filed in person: The date of submission is the date an application is filed in person.

   (3) The Commission will not accept a renewal application after the expiration date of the License. If the application is not filed before the expiration date, the License cannot be renewed.

  1. Suspended Licenses.

   (1) If a License is suspended, the Licensee must apply for renewal as required in (b) above if the Licensee wants to renew the License. Failure to complete the renewal requirements means that the License cannot be renewed.

   (2) A License that is suspended is not Valid and cannot be used until the suspension ends. This is true even if the Applicant has filed an application for a renewal.

§ 62-10 Licensing – Cause for Denial.

(a) Failure to Meet Requirements. If the Commission determines that the Applicant has failed to meet the requirements for a Taxicab Broker's license, the Commission will notify the Applicant in writing the reason for the denial within a reasonable period of time.
  1. Material Falsifications. The Commission will deny a license application or revoke or suspend a license for any of the following reasons:

   (1) The Applicant or Broker provided materially false information in an original or renewal application for a license.

   (2) The Applicant or Broker failed to notify the Commission of a material change in the information contained in the application.

   (3) The Applicant or Broker attempted to conceal the identity of a party who has an interest, direct or indirect, in his or her business as a Broker.

  1. No Longer Meets Requirements. Whenever the Commission determines that a licensed Broker no longer meets the requirements to hold a Broker’s License, the Commission will deny the renewal application or suspend or revoke the License in the manner provided in Chapter 68 of these Rules.
  2. Failure to Complete Application Requirements.

   (1) The Chairperson will deny an application for a new License if the Applicant has not completed all the requirements of an application within 90 days of the date the application is filed.

   (2) The Chairperson will deny an application for a renewal License if the Applicant has not completed all the requirements of an application within by the expiration date of the prior License.

   (3) The Chairperson will not deny an application under this Rule if completion is delayed because the Chairperson has not issued a final decision and the Applicant has complied with any requests made by the Chairperson.

  1. Additional Consideration of an Application. If a review of the application leads the Chairperson to believe that the Applicant may not be Fit to Hold a License (Authorization), the Chairperson may seek additional information from the Applicant. This request for additional information may be an in-person interview, telephone call, letter, e-mail, or other method of communication. This additional consideration may result in the denial of the application. Failure to provide any requested information within the time frame requested, or failure to appear at a scheduled interview will result in a denial of the application.

§ 62-11 Provisions in the Event of Licensee’s Death.

(a) When an individual Broker dies, the Administrator of his or her estate may complete any unfinished Brokerage business.
  1. The Administrator must be authorized for this purpose under the provisions of § 2108 of the Surrogate’s Court Procedure Act.
  2. The Administrator’s authority cannot extend beyond 120 days from the date of the Broker’s death unless the Commission extends this time period for good cause.

§ 62-12 Requirements & Prohibitions – No Unlicensed Activity.

(a) Must Have Valid License. An individual or Business Entity must possess a valid Taxicab Broker's License in order to act as a Taxicab Broker or hold himself or herself out as a Taxicab Broker.

~

  1. Must Display License. A Broker must conspicuously and continuously display a copy of his or her Broker’s License in every place of business maintained by the Broker.

~

  1. Must Not Display Invalid License. A Broker must not display a Taxicab Broker’s License that is expired, suspended, or revoked and must surrender such a license immediately to the Commission.

~

  1. Must Renew Before Expiration. A Broker must submit an application for renewal of the License no later than the expiration date of the License unless the Commission grants an extension.

~

  1. Must Not Employ Certain De-Licensed Persons. A Broker must not employ or use the services of any individual whose License as a Taxicab Broker has been revoked or is suspended or who was the chief executive officer of a partnership or corporation whose License has been revoked or is suspended without the prior written consent of the Commission.

~

  1. Must Not Act on Behalf of De-Licensed Broker. A Broker must not act on behalf of any Broker whose License has been suspended or revoked without the prior written consent of the Commission.

~

§ 62-13 Requirements & Prohibitions – Broker as Fiduciary Agent of Owner.

(a) Owner Authorization Required.

   (1) A Broker must not offer a Taxicab for transfer unless the Broker is authorized to do so by the owner.

~

   (2) A Broker must not operate or cause to be operated any Medallion delivered to the Broker without the owner’s written consent.

~

  1. Withdrawal of Authorization. An owner can withdraw his or her authorization by giving written notice to the Broker except where an Exclusive Listing has been given for a fixed period.

~

  1. Storage with Commission. A Broker holding a Medallion and Rate Card for purposes of sale must deliver them to the Commission for storage within 48 hours of their receipt, not including holidays or weekends.

~

  1. Broker Compensation. A Broker must not accept any commission, rebate, or profit on expenditures that the Broker makes for the owner unless the owner provides written consent. The Broker must retain the written consent for three years.

~

§ 62-14 Requirements & Prohibitions – Intentional Interference with Contract.

A Broker must not encourage any party to break a contract for the transfer of a Taxicab Medallion in order to substitute a new contract with another owner.

~

§ 62-15 Requirements & Prohibitions – Self-Dealing.

(a) A Broker must not directly or indirectly buy for himself or herself any interest in a Medallion listed with the Broker without first disclosing that fact in writing to the owner.

~

  1. A Broker must not sell a Medallion in which he or she owns an interest without disclosing that interest in writing to the purchaser.

~

  1. The Broker must disclose any financial interests in writing to the owners in any transaction where the Broker acts as a lender, insurance broker, or automobile dealer or has a financial interest in the lender, insurance brokerage firm, or automobile dealership.

~

§ 62-16 Business Procedures – Mailing and Email Address.

(a) Required Mailing Address. A Broker must provide to the Commission the street address of his or her primary business location whether or not this is the Mailing Address.
  1. Additional Mailing Address. A Broker may also designate a post office box number as a Mailing Address.

~

  1. Mailing and Email Address.

   (1) A Broker must have a working Email Address at all times.

   (2) A Broker must report any change of Mailing Address or Email Address to the Commission in person or by mail within ten days.

~

   (3) Any communication from the Commission is sufficient if sent to the last Mailing Address provided by the Broker.

   (4) Any communication from the Commission, except notices and summonses for which the manner of service is specified in 35 RCNY § 68-05, is sufficient if sent by email to the last Email Address provided by the Broker.

§ 62-17 Business Procedures – Exclusive Agreements.

(a) Specific Disclosure. The Broker must include the following explanation in type size of not less than six point in all agreements that provide for an Exclusive Listing of a Taxicab Medallion:

An “Exclusive Right to Sell” listing with a Broker is one where the owner has surrendered his or her own right to sell. This means that if you, the Taxicab Medallion owner, find a buyer for your Taxicab, or if another Broker finds a buyer, you must nonetheless pay the agreed commission to the Broker who has the Exclusive Right to Sell. This explanation must be signed or initialed by the owner and attached to the listing, printed in boldface type on the listing, or printed on the reverse side of the listing.

~

  1. No Automatic Continuation. A Broker must not be a party to an Exclusive Listing contract that contains an automatic continuation of the period for the listing beyond the end date specified in the contract.

~

§ 62-18 Business Procedures – Net Listings.

Net Listings. A Broker must not enter into a net listing contract for the transfer of a Medallion or any interest in it unless the contract is part of a bulk transfer of 10 or more Medallions owned by a fleet or minifleet and is completed within six months of the listing.

~

§ 62-19 Business Procedures – Documents, Transactions, and Closing Procedures.

(a) Interested Parties.

   (1) A Broker must not request, accept or permit a party to provide a Power of Attorney or any other legal document that has not been completed and signed.

   (2) If a Broker requests a party to sign a document and return it to the Broker, the Broker must give the party a duplicate copy for the party’s own records. If any party attends a closing and is presented with a document for signature, the Broker must furnish that party with a copy of the signed document at that closing.

   (3) All other documents prepared by the Broker for an interested party must be delivered to that party within 10 business days after the completion of a closing or other transaction.

   (4) The Broker must request written acknowledgement that the party received the papers.

~

   (5) A Broker must give written notice to all sellers and buyers involved in a Medallion transfer of their right to be represented by an attorney or an accountant of their own choosing.

~

  1. Principals.

   (1) A Broker who arranges a loan for his or her principal must give that principal a copy of the lender’s commitment and of all other documents provided by the lender to the Broker.

~

   (2) Within 10 business days after the completion of a closing (including the financial closing), a Broker must give his or her principal(s) and the Commission a written closing statement including the following:

      (i) Names and addresses of seller(s) and purchaser(s)

      (ii) Medallion(s) being sold

      (iii) Sales price

      (iv) Vehicle cost (if any)

      (v) Amount of personal funds furnished by purchaser

      (vi) Names and addresses of lenders together with amount(s) of loan(s)

      (vii) Broker’s commission

      (viii) List of all disbursements or payments made on behalf of the principal(s) including an explanation of the purpose for the individual payments.

~

   (3) Within 10 business days after completion of the financial closing, a Broker must forward all monies due to his or her principal(s).

~

§ 62-20 Business Procedures – Record Keeping.

(a) Retention of Records. A Broker must keep and maintain the following records for three years:

   (1) The names and addresses of transferor(s), transferee(s), mortgagee(s), or other lien holder(s), if any

   (2) The purchase price

   (3) Amount of deposit paid on contract

   (4) Amount of commission paid to Broker

   (5) Expenses of procuring the mortgage loan, if any

   (6) Closing statements

   (7) Listing placed with the Broker.

~

  1. Inspection of Records. Upon demand, a Broker must furnish all records and documents listed above to the Commission or its representatives for inspection.

~

§ 62-21 Business Procedures – Handling of Funds.

(a) A Broker must not pay any part of funds advanced by the transferee to the transferor or any other person without the written approval of the transferee.

~

  1. The Broker must not commingle funds advanced from a transferee with his or her own funds. He or she must deposit advanced funds promptly in a separate, federally insured, special account.

~

  1. The Broker must provide written notification to the person who advanced the funds, giving the name and address of the bank in which the money was deposited and the amount of the deposit.

~

  1. The Broker must not retain any of the interest earned from the deposited funds unless he or she has written permission from the principal.

~

§ 62-22 Business Procedures – Advertising.

(a) A Broker must indicate in any advertisement placed by the Broker that he or she is a licensed Broker.

~

  1. A Broker must not use deceptive or misleading advertising.

~

§ 62-23 Comply with Laws – Conduct Rules.

(a) Bribery. A Licensee or anyone acting on behalf of the Licensee must not offer or give any gift, gratuity or thing of value to any employee, representative or member of the Commission, or any other public servant.

~

  1. Failure to Report Bribery. A Licensee must immediately report to the Commission any request or demand for a gift, gratuity or thing of value by any employee, representative or member of the Commission, or any other public servant.

~

  1. Fraud, Theft. A Licensee must not commit or attempt to commit any act of fraud, misrepresentation or theft while performing the duties and responsibilities of a Licensee.

~

  1. Willful Acts of Omission. While performing the duties and responsibilities of a Licensee, a Licensee must not deliberately fail to perform, alone or with another, any act where this failure is against the best interests of the public, although not specifically mentioned in these Rules.

~

  1. Willful Acts of Commission. While performing the duties and responsibilitieis of a Licensee, a Licensee must not deliberately perform or attempt to perform, alone or with another, any act that is against the best interests of the public, although not specifically mentioned in these Rules.

~

  1. Threats, Harassment, Abuse. A Licensee, his or her representatives, and his or her employees must not threaten, harass, or abuse any governmental or Commission representative, public servant, or other person while performing the duties and responsibilities of a Licensee.

~

  1. Use or Threat of Physical Force. A Licensee, his or her representatives, and his or her employees must not use or attempt to use any physical force against a Commission representative, public servant, or other person while performing the duties and responsibilities of a Licensee.

~

  1. Notice of Criminal Conviction.

   (1) A Licensee must immediately notify the Commission when he or she is convicted of a crime. The Licensee must also report any criminal convictions of any of the Licensee’s Business Entity Persons or employees.

   (2) The notification must be in writing and accompanied by a certified copy of the certificate of disposition issued by the Clerk of the Court.

~

      (i) Failure to Cooperate with Law Enforcement. A Licensee must cooperate with all law enforcement officers and all authorized representatives of the Commission, and comply with all their reasonable requests.

~

  1. Failure to Cooperate with the Commission.

   (1) A Licensee must answer or comply with all questions, communications, or directives received from the Commission or its representatives within 72 hours. An emergency communication must be answered immediately.

~

   (2) A Broker must answer all summonses from the Commission on the scheduled date.

~

Chapter 63: Taxicab Agent Rules

§ 63-01 Scope of the Chapter.

(a) To establish that an individual or Business Entity must be licensed by the Commission to act as an Agent.
  1. To provide the qualifications, requirements and procedures for getting and maintaining an Agent’s License.
  2. To set forth the penalties for violating these Rules.

§ 63-02 Penalties.

(a) Unlicensed Activity.

   (1) Unlicensed Activity is the act of providing or advertising the provision of any Commission-regulated service or business by:

      (i) Any Licensee whose License is suspended, revoked, or expired and not yet renewed, or

      (ii) Any person who does not hold a Valid License from the Commission for the service or business.

   (2) Unlicensed Activity specifically includes the activities listed in § 19-528 of the Administrative Code and can subject the violator to padlocking and other penalties.

  1. Specific Penalties. If there are specific penalties for violating a Rule, they are shown at the end of the Rule. The penalty section also states whether the violator must attend the Hearing.
  2. Payment of Fines.

   (1) Fines are due not later than 30 days after the Respondent is found guilty of or pleads guilty to the violation, unless:

      (i) the Respondent files an appeal of the decision issued by the Taxi and Limousine Tribunal within the time required by 48 RCNY Chapter 5, in which case the payment of the fines will be deferred until 30 days after the date of the appeal decision.

   (2) If the fine is not paid by the close of business on the date due, the Commission will notify the Respondent in writing that the Respondent’s License will be suspended in 10 business days of the date of the notification until the fine is paid, unless the Respondent demonstrates to the Commission, in person or in writing, that the fine has been paid.

§ 63-03 Definitions Specific to this Chapter.

(a) Agent is an individual or Business Entity that has been Licensed by the Commission to operate or facilitate the operation of one or more Taxicabs on behalf of the Taxicab owner.
  1. Applicant in this Chapter means an Applicant for an original or renewal License as an Agent.
  2. Business Entity. In this Chapter, a Business Entity may be a sole proprietorship, a corporation, or a partnership.
  3. License in this Chapter means a License to be an Agent.
  4. Limited Business Entity Person shall mean all Business Entity Persons except for corporate shareholders holding less than ten percent (10%) of the stock of the corporation.
  5. Merchant. An individual or Business Entity who holds a Commission License and who has agreed to do the following:

   (1) Facilitate contracts between Taxicab Technology Service Providers and Commission-approved banks, and

   (2) Contract to provide credit/debit card services for in-cab payment of Taxicab fares.

  1. Technology System Provider shall have the same meaning given such term in 35 RCNY § 51-03.
  2. Technology System shall have the same meaning given such term in 35 RCNY § 51-03.

§ 63-04 Licensing – Requirements.

(a) License Required. An individual or Business Entity must first obtain a License from the Commission before acting as an Agent.

~

  1. Who May File an Application. An application or renewal application for an Agent’s License may only be submitted by the following:

   (1) An individual

   (2) The Proprietor, on behalf of a sole proprietorship

   (3) A general partner on behalf of a partnership

   (4) An officer or director on behalf of a corporation

   (5) A member on behalf of a limited liability company.

  1. Certification. The application must contain a sworn and notarized statement by the person filing the application that the information contained in the application is true.
  2. Fingerprinting and Background Investigations.

   (1) For the purpose of securing criminal history records from the New York State Division of Criminal Justice Services, an individual Applicant and all Limited Business Entity Persons of a Business Entity Applicant must be fingerprinted.

   (2) The Applicant must pay any processing fee required by the New York State Division of Criminal Justice Services.

  1. Bond.

   (1) An Applicant for an original or renewal Agent’s License must deposit a fifty thousand ($50,000) dollar bond payable to the City of New York with the Commission. The bond must be provided by one or more sureties approved by the Commission.

   (2) The bond must guarantee that the Applicant or Licensee will comply with the provisions of the Administrative Code, observe all applicable rules or regulations of the Commission, pay all fines imposed by the Commission, and pay all judgments or settlements arising from any action connected with the Agent’s License.

   (3) The Agent is immediately liable for any fine or judgment as soon as the amount is determined or, in case of an appeal, when the final determination is issued.

   (4) The bond must remain in effect for one year following the expiration or revocation of the License.

  1. Identify Business Entity Persons. Upon application for a License or License renewal or upon request, an Agent must provide the Commission with the identity of all of the Agent’s Business Entity Persons.
  2. Payment of Fines and Fees.

   (1) An Applicant, including an applicant for a renewal License, must pay, and provide proof of payment of, any outstanding fines or fees owed by the Applicant to

      (i) the Commission,

      (ii) NYC Department of Finance’s Parking Violations Bureau,

      (iii) NYC Department of Finance’s Red Light Camera Unit,

      (iv) NYS DMV’s Traffic Violations Bureau and

      (v) any of their successor agencies.

   (2) This requirement includes payment of fines and fees owed as of the date of the application by

      (i) any Business Entity Persons of the Applicant

      (ii) any Business Entity of which the Applicant is a Business Entity Person, and

      (iii) any Business Entity of which a Business Entity Person of Applicant is also a Business Entity Person.

  1. Remission of Taxes and Surcharges. An Applicant, including an applicant for a renewal License, must timely remit, and provide proof of remission, of any outstanding taxes or surcharges owed by the Applicant. An Applicant’s responsibility for taxes and surcharges owed with respect to a particular Medallion for which the Applicant is also responsible shall be limited to such periods that such Medallion is managed by Applicant.
  2. Business Entities. An Applicant which is a Business Entity must provide the following documents:

   (1) Partnerships. If the Applicant is a partnership, it must file with its application a certified copy of the partnership certificate from the clerk of the county where the partnership’s principal place of business is located.

   (2) Corporations. If the Applicant is a corporation, it must file with its application:

      (i) A certified copy of its certificate of incorporation

      (ii) A list of officers and shareholders

      (iii) A certified copy of the minutes of the meeting at which the current officers were elected.

   (3) Limited Liability Companies (LLCs). If the Applicant is a limited liability company, it must file with its application:

      (i) A copy of its articles of organization

      (ii) A copy of its operating agreement

      (iii) A list of the members, with the percentages of the Applicant owned by each.

  1. Address. An Applicant must give the Commission the Applicant’s current Mailing Address and Email Address.
  2. Fit to Hold a License. An Applicant (including the individual Applicant and all Limited Business Entity Persons of a Business Entity Applicant) for an original License must demonstrate that they are Fit to Hold a License.

§ 63-05 Licensing – Term.

(a) Maximum One-Year Term. The term of an Agent's License may be up to one year, but will expire on December 31 of the year in which it is issued or renewed, unless earlier suspended or revoked by the Commission.
  1. No Longer Meets Requirements. If at any time during the term of the License, the Commission learns that the Agent no longer meets the requirements for an Agent’s License, the Commission may deny any renewal application, or suspend or revoke the current License, after appropriate notice and hearing.
  2. When to File for Renewal.

   (1) A renewing Applicant must file a completed application at least 60 days before the expiration date of the License.

   (2) Application Submission Date.

      (i) Applications filed online: The date of submission is the date an application is filed online.

      (ii) Applications filed by mail: The date of submission is the postmark date.

      (iii) Applications filed in person: The date of submission is the date an application is filed in person.

   (3) The Commission will not accept a renewal application after the expiration date of the License. If the application is not filed before the expiration date, the License cannot be renewed.

  1. Suspended Licenses.

   (1) If a License is suspended, the Licensee must apply for renewal as required in (c) above if the Licensee wants to renew the License. Failure to complete the renewal requirements means that the License cannot be renewed.

   (2) A License that is suspended is not Valid and cannot be used until the suspension ends, provided that the Agent holding the License may continue to operate the Taxicabs he/she operated prior to the imposition of the suspension, consistent with Paragraph (3) of this Subdivision. This is true even if the Applicant has filed an application for a renewal.

   (3) If an Agent’s License has been suspended by the Commission, the Agent:

      (i) Will not be authorized to manage or operate any new Medallion(s) at any time that the Agent’s license is suspended.

      (ii) May not renew any agreement to manage any Medallion(s) while the Agent’s license is suspended.

      (iii) Must notify each Medallion Owner who is using the suspended Agent to manage the Owner’s Medallion within five (5) business days of the suspension:

         I. Of the dates during which the Agent is suspended, and

         II. that the Medallion Owner has the option to terminate its contract with the Agent, or, if its contract will expire during the period of suspension, that the Medallion Owner has the option to not renew its contract.

~

§ 63-06 Licensing – Fees.

(a) Annual Fee. The fee for an Agent's License will be five hundred dollars ($500) annually.
  1. When Fee is Paid. The fee for an original or renewal License must be paid at the time the application is filed.
  2. Shorter Term. If a License is granted for a period of six months or less, the fee will be two hundred and fifty dollars ($250).
  3. No Refund if Application Denied. The Commission will not refund fees if it denies or disapproves the application.
  4. License Replacement Fee. The fee to replace any lost, damaged or destroyed License is $25.

§ 63-07 Licensing – Causes for Denial.

(a) Material Misstatement. The Commission will deny any application if the Applicant makes a material misstatement or misrepresentation on the application.
  1. Unlawful Acts. The Commission will deny any application if the Applicant commits a fraudulent or unlawful act while acting as an Agent.
  2. Criminal Conviction. The Commission will deny an application, including a renewal application, if the individual Applicant, or any Limited Business Entity Person of the Applicant is convicted of a crime that under Article 23-A of the Correction Law would provide a basis for suspension or revocation of the License.
  3. Medallion-Owner Agent Violates Rules. The Commission will deny an application for an Agent’s License if the Applicant owns a Medallion and has violated any Commission Rule where the penalty for that violation is revocation of the License.
  4. Violation of the Administrative Code. The Commission will deny an application if the Applicant has violated any provision of § 19-530 of the Administrative Code or any applicable rule of the Commission.
  5. Failure to Complete Application Requirements.

   (1) The Chairperson will deny an application for a new License if the Applicant has not completed all the requirements of an application within 90 days of the date the application is filed.

   (2) The Chairperson will deny an application for a renewal License if the Applicant has not completed all the requirements of an application by the expiration date of the prior License.

   (3) The Chairperson will not deny an application under this Rule if completion is delayed because the Chairperson has not issued a final decision and the Applicant has complied with any requests made by the Chairperson.

  1. Additional Consideration of an Application. If a review of the application leads the Chairperson to believe that the Applicant may not be Fit to Hold a License (Authorization), the Chairperson may seek additional information from the Applicant. This request for additional information may be an in-person interview, telephone call, letter, e-mail, or other method of communication. This additional consideration may result in the denial of the application.

§ 63-08 Proper Conduct.

(a) An Agent must not make a material misrepresentation or omission or commit a fraudulent or unlawful act while acting as an Agent, whether Validly Licensed or not. Such acts will include but not be limited to any of the following:

   (1) Presenting a Taxicab for inspection with a vehicle identification number (“VIN”) other than the one under which the vehicle is licensed by the Commission.

   (2) Operating a Taxicab with a vehicle identification number that has been removed and reattached, or that is different from the VIN shown on the Taxicab License.

   (3) Presenting a document to the Commission that falsely states that the insurance requirements for the Taxicab have been met.

   (4) Bribing or attempting to bribe any officer or employee of the Commission.

~

  1. Fraud, Theft. While performing the duties and responsibilities of a Licensee, a Licensee must not commit or attempt to commit any act of fraud, misrepresentation or theft.

~

  1. Willful Acts of Omission. While performing the duties and responsibilities of a Licensee, a Licensee must not deliberately fail to perform, alone or with another, any act where this failure is against the best interests of the public, although not specifically mentioned in these Rules.

~

  1. Willful Acts of Commission. While performing the duties and responsibilities of a Licensee, a Licensee must not deliberately perform or attempt to perform, alone or with another, any act that is against the best interests of the public, although not specifically mentioned in these Rules.

~

  1. Failure to Cooperate with the Commission.

   (1) A Licensee must truthfully answer all questions and comply with all communications, directives, and summonses issued by the Commission, its representatives or the New York City Department of Investigation.

   (2) Upon request of the Commission, a Licensee must make the Agent’s business premises, books and records available for inspection.

~

  1. Threats, Harassment, Abuse. While performing the duties and responsibilities of a Licensee, a Licensee must not threaten, harass, or abuse any person.

~

  1. Use or Threat of Physical Force. While performing the duties and responsibilities of a Licensee or any act in connection with those duties, a Licensee must not use or attempt to use any physical force against a person.

~

  1. Death or Incompetency of Taxicab Owner. An Agent who becomes aware of the death or incompetency of an owner of an interest in a Taxicab Medallion shall promptly inform the Commission.

~

      (i) Mailing and Email Address.

   (1) An Agent must have a working Email Address at all times.

   (2) An Agent must report any change of Mailing Address or Email Address to the Commission in person or by mail within ten days.

~

   (3) Any communication from the Commission is sufficient if sent to the last Mailing Address provided by the Agent.

   (4) Any communication from the Commission, except notices and summonses for which the manner of service is specified in 35 RCNY § 68-05, is sufficient if sent by email to the last Email Address provided by the Agent.

§ 63-09 Personal Conduct – Unlicensed Activity.

(a) An Agent must not dispatch a taxicab or other vehicle that is unlicensed.

~

  1. An Agent must not dispatch a Taxicab that does not have a current Medallion affixed to the Taxicab.

~

§ 63-10 Agent’s Business Premises.

An Agent who operates one or more Taxicabs that are returned at the end of a shift must maintain business premises in an appropriately-zoned location. The location must allow or provide for, and the Agent must provide or maintain, all of the following:

  1. Sufficient off-street parking space at or near the business premises to store the lesser of:

   (1) Twenty-five (25) vehicles, or

   (2) Fifty percent (50%) of the Taxicabs leased on a daily or shift basis, plus five percent (5%) of the Taxicabs leased for longer than one day.

  1. Sufficient office space to conduct business and keep all records required by the Commission, including trip sheets and Driver records.
  2. Regular business hours, including the hours of 9:00 a.m. through 5:00 p.m. every weekday other than legal holidays.
  3. A business address and telephone number on file with the Commission.

~

  1. “Driver’s Bill of Rights” sign must be posted in a form and format prescribed by the Commission.

      (i) The Commission will post the proper form and format on its Web site.

      (ii) The “Driver’s Bill of Rights” sign must be:

         •     conspicuously posted, such as next to a payment window or other place where drivers regularly conduct business within the Business Premises, and,

         •     free of other signage in the immediate area.

~

§ 63-11 Vehicle Operation.

(a) Provide a List of Taxicabs Being Operated by Agent. An Agent must provide the Commission with a list of all Taxicabs operated by the Agent, annually and upon request.

~

  1. Safety. An Agent must not dispatch a Taxicab unless all equipment, including brakes, tires, lights, signals and trouble lights are in good working order. The Taxicab must meet all requirements and specifications of the New York State Vehicle and Traffic Law and Chapter 67 of these Rules.

~

  1. Drivers.

   (1) An Agent must not authorize or allow a Driver to operate a Taxicab unless either:

      (i) The Driver’s name has been entered on the Rate Card by the Commission, and the Driver’s Vehicle lease (if any) has not expired, or

      (ii) “Unspecified Drivers” has been entered on the rate card by the Commission.

~

   (2) An Agent must not authorize or allow a driver to operate a Taxicab unless the Driver possesses a Valid Chauffeur’s License and a Valid TLC Driver License.

~

  1. Owner-Must-Drive Compliance.

   (1) An Agent must ensure that each Independent Medallion acquired by an Owner on or after January 7, 1990 must comply with the service requirements which that Medallion must follow under 35 RCNY § 58-20(a) in each calendar year or partial calendar year that the Agent manages that Medallion.

~

   (2) In addition to any penalties the Commission can impose for a violation of this Rule, the Commission can also issue a Stop-Use Directive preventing an Agent from continuing to manage non-complying Independent Medallions.

   (3) The Commission will post on its Web site a list of Independent Medallions currently subject to the service requirements of 35 RCNY § 58-20(a).

  1. Agent Responsibility for Accessible Taxicab Operation.

   (1) An Agent must allow only Licensed Approved Taxicab Drivers to operate an Owner’s Accessible Taxicab. The License of a Driver who is not an Approved Driver is not Valid for operation of an Accessible Taxicab.

~

   (2) Dispatch Fee. An Agent which is processing payment of Dispatch Fees to Drivers must

      (i) Pay to each Driver of the Taxicab, in cash, on a weekly basis, an amount equal to the sum of all Dispatch Fees earned by each Driver and paid by the Accessible Taxi Dispatcher on behalf of each Driver, and

      (ii) Provide to each Driver an itemized receipt for all Dispatch Fees earned and paid.

      (iii) An Agent is not permitted to make any deductions from Dispatch Fees.

~

  1. [Reserved.]
  2. Agent Responsibility to Remit Collected Funds. An Agent must remit to the appropriate party all taxes and surcharges collected on behalf of a Medallion Owner. An Agent’s responsibility for taxes and surcharges owed with respect to a particular Medallion is limited to such periods that such Medallion is managed by the Agent.

~

§ 63-12 Vehicle – Equipment.

(a) Partition. An Agent must not dispatch a Taxicab unless it is equipped with a partition that isolates the Driver from the rear seat passengers in accordance with the specifications in 35 RCNY § 67-10 unless the Taxicab is exempt from the partition requirements under the general provisions of 35 RCNY § 58-35(b).
  1. Distress Signal. An Agent must not dispatch a Taxicab that is not equipped with a help or distress signaling light system, as required in 35 RCNY § 58-34(d) and in accordance with specifications established in 35 RCNY § 67-11.
  2. Taximeter.

   (1) An Agent must not dispatch a Taxicab unless it is equipped with a Taximeter as required in 35 RCNY § 58-37 and in accordance with the specifications established in 35 RCNY § 67-09.

   (2) An Agent must not tamper with, alter, repair or attempt to repair any of the following:

      (i) A Taximeter

      (ii) Any Seal affixed to the taximeter by a licensed Taximeter repair shop or other authorized facility

      (iii) The Taxicab Technology System

      (iv) Any cable mechanism or electrical wiring of a Taximeter or Taxicab Technology System

   (3) An Agent must not make any change in a vehicle’s mechanism or its tires that would affect the operation of the Taximeter or of the Taxicab Technology System.

~

  1. Dispatch Equipment.

   (1) An Agent must not dispatch an Accessible Taxicab unless it is equipped with Dispatch Equipment.

~

   (2) An Agent must replace or repair Dispatch Equipment promptly upon being notified to do so and in no event later than 48 hours after receiving notification.

~

   (3) An Agent must not allow an Accessible Taxicab to operate with inoperable Dispatch Equipment, that is, without the ability to accept dispatches, for more than 48 hours without repair or replacement of the Dispatch Equipment.

~

   (4) An Agent must not

      (i) Tamper with the Dispatch Equipment; or

      (ii) Tamper with the geographic locator equipment; or

      (iii) Disable the Dispatch Equipment; or

      (iv) Render the Dispatch Equipment inoperable in any way.

~

§ 63-13 Vehicle Equipment – Trip Sheet.

An Agent must not dispatch a Taxicab unless all of the following are present in the Taxicab:

  1. An electronic or hand written trip record (also known as a “trip sheet”) or an operable Technology System.
  2. The TLC Drives License.
  3. The Rate Card, in a frame next to the frame for the TLC Driver License.
  4. An insurance card or copy, unless the owner is self-insured and has noted this fact on the Rate Card.
  5. All notices required to be posted in the Taxicab.

§ 63-14 Vehicle Equipment – Taxicab Technology System.

(a) Equip Taxicabs with Technology System. An Agent must ensure that each of Agent's Taxicabs is equipped with the Technology System by the compliance date established in 35 RCNY § 58-40(b), unless exempt from the requirement under 35 RCNY § 58-40(c). The Technology System must comply with the specifications established in 35 RCNY § 67-15.

~

  1. Good Working Order. For any Taxicab that is required to be equipped with the Technology System, the equipment must be in good working order at all times.

~

  1. Malfunction or Failure to Operate.

   (1) If the Technology System malfunctions or fails to operate, the Agent must file an incident report with the licensed Technology System Provider within two hours following the discovery of the malfunction or as soon as the Agent reasonably should have known of such malfunction.

   (2) If the Driver or Taxicab owner previously filed an incident report, the Agent will not be required to file a separate incident report. The Agent must verify that the report has been filed by obtaining the incident report number from the Driver, owner or Technology System Provider.

   (3) Upon instruction from the owner the Agent must meet the appointment for repair scheduled by the Technology System Provider following the incident report.

~

  1. 48-Hour Repair Deadline. An Agent must not allow a Taxicab in which the Technology System (or any material feature of the Technology System) is not functioning to be operated more than 48 hours following the timely filing of an incident report.

~

  1. Inspection upon Multiple Technology System Malfunctions. An Agent for any Taxicab requiring six or more repairs of a vehicle’s Technology System in any 30-day period must promptly take that vehicle for inspection or schedule an inspection with the Commission’s Safety and Emissions Facility. This requirement will not apply to the Agent if compliance is made by the owner or Driver of the vehicle.

~

  1. [Repealed.]

§ 63-15 Technology System Provider (TSP) Equipment De-Installation.

(a) An Agent may not de-install the Technology System for medallion taxicab vehicles for which the Agent is not the contractee, or the listed Agent.
  1. The Agent must inform the Technology System Provider that is providing service to a medallion taxicab of the de-installation of that taxicab’s Technology System within twenty-four (24) hours of de-installation.

Chapter 64: Licensing and Rules For Taximeter Businesses and Manufacturers

§ 64-01 Scope of the Chapter.

(a) To establish a formal procedure for the licensing and supervision of businesses that manufacture, sell, repair, and install Taximeters for Medallion Taxicabs.
  1. To establish comprehensive criteria for the ownership of such businesses.
  2. To establish operating rules to protect customers and the public.
  3. To establish appropriate penalties for the violation of these rules.

§ 64-02 Penalties.

(a) Unlicensed Activity.

   (1) Unlicensed Activity is the act of providing or advertising the provision of any Commission-regulated service or business by:

      (i) Any Licensee whose License is suspended, revoked, or expired and not yet renewed, or

      (ii) Any person who does not hold a Valid License from the Commission for the service or business.

   (2) Unlicensed Activity specifically includes the activities listed in § 19-528 of the Administrative Code and can subject the violator to padlocking and other penalties.

  1. Specific Penalties. If there are specific penalties for violating a Rule, they will be shown at the end of the Rule. The penalty section will also state whether the violator must attend the Hearing.
  2. Payment of Fines.

   (1) Fines are due not later than 30 days after the Respondent is found guilty of or pleads guilty to the violation, unless:

      (i) the Respondent files an appeal of the decision issued by the Taxi and Limousine Tribunal within the time required by 48 RCNY Chapter 5, in which case the payment of the fines will be deferred until 30 days after the date of the appeal decision.

   (2) If the fine is not paid by the close of business on the date due, the Commission will notify the Respondent in writing that the Respondent’s License will be suspended in 10 business days of the date of the notification until the fine is paid, unless the Respondent demonstrates to the Commission, in person or in writing, that the fine has been paid.

§ 64-03 Definitions Specific to this Chapter.

(a) Applicant in this Chapter means an Applicant for an original or renewal Taximeter License.
  1. Certified Taximeter Technician. A technician certified by a Licensed Taximeter Manufacturer to perform work on its Taximeters.
  2. Licensee. When the term “Licensee” is used by itself, in this Chapter – and in this Chapter ONLY – it refers to a Taximeter Licensee.
  3. Manufacturer’s Representative. An individual or Business Entity appointed by a Taximeter Manufacturer to hold a License on behalf of that manufacturer and to carry out that manufacturer’s duties and responsibilities as a Licensee under this chapter.
  4. MTA Tax is the 50 cent tax on taxicab trips imposed by Article 29-A of the NYS Tax Law.
  5. Taximeter. An instrument or device approved by the Commission that automatically calculates and that plainly indicates the charge to a passenger for hire of a Licensed Taxicab.
  6. Taximeter Business. A business licensed by the Commission that sells new or used equipment or installs, repairs, adjusts, tests, seals, or calibrates Taximeters and/or Taxicab Roof Lights.
  7. Taximeter License(e). Term used when the rule applies to both a Taximeter Business License and a Taximeter Manufacturer’s License.
  8. Taximeter Manufacturer. An entity that manufacturers Taximeters and has been licensed by the Commission; only Taximeters made by a Licensed Taximeter Manufacturer may be installed or used in Taxicabs.
  9. Technology System shall have the same meaning given such term in 35 RCNY § 51-03.
  10. Wiring Harness. Any wire or collection of wires that is connected in any manner whatsoever to a Taximeter or in any way affects the operation of a Taximeter.

§ 64-04 Licensing – General Requirements.

(a) Licensees. An Applicant for a Taximeter License or its renewal may be an individual or a Business Entity.
  1. Certification. Any new or renewal application for a Taximeter License must be notarized and filed on a form approved by the Chairperson. The Applicant must swear (or affirm) that the information in the Application is true, under penalty of perjury.
  2. Proof of Identity. The individual or Business Entity Person submitting the application for a Taximeter License must provide to the Commission:

   (1) A valid form of photo identification issued by the United States, a state or territory, or any political subdivision of a state or territory

   (2) A valid social security number.

  1. Age. The individual or Business Entity Person applying for a Taximeter License or its renewal must be at least 18 years of age.
  2. Proficiency in the English Language. The individual or Business Entity Person applying for a Taximeter License or its renewal must be able to speak, read, write, and understand the English language.
  3. Fit to Hold a License. The individual or Business Entity Person applying for a Taximeter License or its renewal must demonstrate that they are Fit to Hold a License, as determined in part through a review of the criminal history records from the New York State Division of Criminal Justice Services to be secured through fingerprinting of the following:

   (1) Each of the Applicant’s Business Entity Persons

   (2) An individual or the Business Entity Persons who provide funds for the Applicant unless the provider is a licensed bank or loan company. The new Applicant must pay any processing fees required by the Commission or the Division of Criminal Justice Services.

  1. Partnership Filings. When the Applicant is a partnership, it must file with its License application a certified copy of the partnership certificate from the clerk of the county where the principal place of business is located. In addition, each partner must satisfy the requirements of identity, age, and English language proficiency, as specified in 35 RCNY § 64-04(c) - (e), above.
  2. Corporate or LLC Filings. When the Applicant is a corporation, it must file with its License application all of the following:

   (1) One of the following certificates:

      (i) A certified copy(ies) of its certificate(s) of incorporation with a filing receipt issued by the secretary of state if the Applicant was incorporated less than one year from the date of the License application

      (ii) A certificate of good standing if the Applicant was incorporated more than one year from the date of the License application

      (iii) A copy of the certificate of incorporation, filing receipt, and authority to do business within the State of New York if the Applicant is an out-of-state corporation

   (2) A list of its officers and shareholders, including names, residence addresses, telephone numbers, and percentage of ownership interest of each shareholder

   (3) A certified copy of the minutes of the organizational meeting at which the current officers were elected

   (4) Limited Liability Companies (LLCs). When the Applicant is a limited liability company, it must file with its application all of the following:

      (i) A copy of its articles of organization

      (ii) A copy of its operating agreement

      (iii) A list of the members, with the percentages of the Applicant owned by each.

      (i) Uniqueness of Name. The Commission has the right to reject the proposed name of any Taximeter Business that the Commission finds to be substantially similar to any name in use by another Taximeter Business Licensee.

  1. Payment of Fines and Fees.

   (1) An Applicant, including an applicant for a renewal License, must pay, and provide proof of payment of, any outstanding fines or fees owed by the Applicant to

      (i) the Commission,

      (ii) NYC Department of Finance’s Parking Violations Bureau,

      (iii) NYC Department of Finance’s Red Light Camera Unit,

      (iv) NYS DMV’s Traffic Violations Bureau and

      (v) any of their successor agencies.

   (2) This requirement includes payment of fines and fees owed as of the date of the application by

      (i) any Business Entity Persons of the Applicant

      (ii) any Business Entity of which the Applicant is a Business Entity Person, and

      (iii) any Business Entity of which a Business Entity Person of Applicant is also a Business Entity Person.

  1. Address. An Applicant must give the Commission the Applicant’s current Mailing Address and Email Address.

§ 64-05 Licensing – Bond Required.

(a) Amount of Bond. An Applicant for a Taximeter License or renewal must deposit with the Commission a fifty thousand dollar ($50,000) bond payable to the City of New York. The bond must be provided by one or more sureties approved by the Commission.
  1. Bond Guarantees. The bond must guarantee that the License Applicant or Licensee will comply with all provisions of the Administrative Code of the City of New York, observe all applicable rules or regulations of the Commission, pay all fines imposed by the Commission, and pay all judgments or settlements arising from any action connected in any way with the Taximeter License.
  2. Fines and Judgments. The Taximeter Licensee is immediately liable for the payment of any fine or judgment when the amount is determined or upon final determination of an appeal and if the fine is not paid as required by 35 RCNY § 64-02(c), the Commission may draw upon the bond.

§ 64-06 Licensing – Financial Disclosure.

Each individual Applicant and each Business Entity Person of a Business Entity Applicant for a new or renewal Taximeter License must file a financial disclosure statement with the Commission. This financial disclosure statement must be on a form approved by the Chairperson and must include a list of assets, liabilities and bank accounts and must specify any interest in any Licensed Medallion Taxicab and any other information requested by the Chairperson.

§ 64-07 Licensing – Fees and Term of License.

(a) Annual Fee. Every application for a Taximeter License must be accompanied by a non-refundable application fee of $500 for each location to be Licensed.
  1. Half-Year Fee. The application fee for any Taximeter License to be issued for a period of six months or less will be one-half of the annual fee.
  2. Form of Payment. The application fee must be paid by credit card, money order, or certified check.
  3. No Refund if Application Denied. The Commission will not refund fees if it denies or disapproves the application.
  4. License Replacement Fee. The fee to replace any lost, damaged or destroyed License is $25.
  5. Term of License. The term of a Taximeter License will be one year or less and each License will expire on the 31st day of March.
  6. When to File for Renewal.

   (1) A renewing Applicant must file a completed application at least 60 days before the expiration date of the License.

   (2) Application Submission Date.

      (i) Applications filed online: The date of submission is the date an application is filed online.

      (ii) Applications filed by mail: The date of submission is the postmark date.

      (iii) Applications filed in person: The date of submission is the date an application is filed in person.

   (3) The Commission will not accept a renewal application after the expiration date of the License. If the application is not filed before the expiration date, the License cannot be renewed.

  1. Suspended Licenses.

   (1) If a License is suspended, the Licensee must apply for renewal as required insubdivision (g) of this section to renew the License. Failure to complete the renewal requirements means that the License cannot be renewed.

   (2) A License that is suspended is not Valid and cannot be used until the suspension ends. This is true even if the Applicant has filed an application for a renewal.

§ 64-08 Licensing – Cause for Denial.

(a) Failure to Continuously Comply. Whenever the Commission determines that the Taximeter Licensee no longer meets the requirements for the License, the Commission may suspend or revoke the License and deny any application for renewal.
  1. Summary Suspension. Nothing in this section limits the authority of the Commission to summarily suspend any Taximeter License when a threat to public health, safety, or welfare exists.
  2. Failure to Complete Application Requirements.

   (1) The Chairperson will deny an application for a new License if the Applicant has not completed all the requirements of an application within 90 days of the date the application is filed.

   (2) The Chairperson will deny an application for a renewal License if the Applicant has not completed all the requirements of an application by the expiration date of the prior License.

   (3) The Chairperson will not deny an application under this Rule if completion is delayed because the Chairperson has not issued a final decision and the Applicant has complied with any requests made by the Chairperson.

  1. Additional Consideration of an Application. If a review of the application leads the Chairperson to believe that the Applicant may not be Fit to Hold a License (Authorization), the Chairperson may seek additional information from the Applicant. This request for additional information may be an in-person interview, telephone call, letter, e-mail, or other method of communication. This additional consideration may result in the denial of the application. Failure to provide any requested information within the time frame requested, or failure to appear at a scheduled interview will result in a denial of the application.

§ 64-09 General Requirements – Unlicensed Activity.

(a) Taximeter Business License Required. An individual or Business Entity must not sell, install, repair, adjust, inspect, calibrate, or maintain Taximeters or install or repair seals, wiring harnesses or other equipment relating to the operation of a Taximeter or roof light for use on any Taxicab, without a Valid Taximeter License.
  1. Taximeter Manufacturer’s License Required. A Taximeter cannot be used in a Taxicab unless the Taximeter’s Manufacturer has been licensed by the Commission under these rules.
  2. Licensed Technology System Provider Required. An individual, partnership, corporation, or other business entity cannot manufacture, sell, install, repair, adjust, calibrate, or maintain a Technology System that is not provided by a licensed Technology System Provider.

§ 64-10 General Requirements – Compliance with Applicable Law.

(a) Licenses and Permits. A Taximeter Licensee must obtain Licenses and permits required by city, state, or federal law.
  1. Occupational Safety & Health Administration. A Taximeter Licensee must comply with all applicable Occupational Safety and Health Administration (OSHA) standards and requirements at the Licensee’s place of business, as well as all other federal, state, and local laws governing its business.
  2. Payment of All Fines and Fees. A Taximeter Licensee must pay all fines, fees, and taxes it owes to any federal, state, or local governmental jurisdiction.
  3. Workers’ Compensation Laws. A Taximeter Licensee must comply with all laws regarding worker’s compensation and disability benefits, as well as all federal laws regarding the withholding of taxes and payment of FICA and other withholding taxes.

~

§ 64-11 General Requirements – Unlawful Activities Prohibited.

(a) A Taximeter Licensee must not use or permit any other person to use his business premises or office of record for any unlawful purpose.

~

  1. A Taximeter Licensee must not conceal any evidence of a crime connected with his business premises or office of record.

~

  1. A Taximeter Licensee must immediately report to the Commission and the police any attempt to use his business premises to commit a crime.

~

  1. A Taximeter Licensee must not file with the Commission any statement that he or she knows or reasonably should know to be false, misleading, deceptive, or materially incomplete.

~

§ 64-12 General Requirements – Notice to TLC.

(a) Material Change in Information. A Taximeter Licensee must notify the Commission of any material change in the information contained in its current Taximeter License application or renewal.

~

  1. Suspension or Revocation of License. A Taximeter Licensee must immediately notify the Commission in writing of any suspension or revocation of any license granted to the Licensee, or any other person acting on his or her behalf, by any agency of the City or State of New York, or the government of the United States.

~

§ 64-13 Business Requirements – Fees Charged by Licensees.

(a) Filing of Fee Schedule with TLC. A Taximeter Business must file with the Commission a schedule of current fees for all services related to the sale, repair, installation, and calibration of Taximeters, including inspections, tests, adjustments, installations, corrections, or repairs.

~

  1. Filing of Fee Changes with TLC. A Taximeter Business must file any change in fees with the Commission at least ten days before the fees are scheduled to change.

~

  1. Prominent Display of Fee Schedule. A Taximeter Business must not engage in any business unless a current schedule of inspection and repair charges, including hourly rates (if applicable) is displayed clearly to the public on the business premises. All fee schedules must be filed with the Commission before being displayed.

~

  1. Overcharges Prohibited. For any work involving Taximeters, a Taximeter Business must not charge more than the fees set by its fee schedule.

~

§ 64-14 Business Requirements – Premises and Equipment.

(a) A Taximeter Business must ensure that its business premises meet the following conditions at all times:

   (1) Location within an area zoned for this business activity

   (2) Sufficient size to simultaneously accommodate at least three (3) vehicles of the type(s) and model(s) licensed by the Commission

   (3) Sufficient illumination and space in the areas used for inspection, testing, and calibration to enable proper inspections and tests required by these regulations

   (4) Sufficient waiting area and restroom facilities for customers

~

   (5) All signs required by law and these rules displayed, including “Driver’s Bill of Rights” sign must be posted in a form and format prescribed by the Commission.

      (i) The Commission will post the proper form and format on its Web site.

      (ii) The “Driver’s Bill of Rights” sign must be:

         •     conspicuously posted, such as next to a payment window or other place where drivers regularly conduct business within the Business Premises, and,

         •     free of other signage in the immediate area.

~

  1. A Taximeter Business must operate its business only within the structures described in the certificate of occupancy for the premises. No installation, adjustment, correction, calibration, or repairs of any type can be performed on a public street or any facility other than the Taximeter Business premises.

~

  1. A Taximeter Business must be equipped with, at a minimum, the equipment the Commission requires for the repair and installation of Taximeters.

~

§ 64-15 Business Requirements – Maintenance of Required Equipment.

(a) A Taximeter Business must properly maintain all equipment required by the Commission and any other equipment required by law or regulation. Proper maintenance includes ensuring that equipment is in good working order and is maintained in such a manner that an inspection, test, or calibration can be conducted in conformity with these rules.

~

  1. A Taximeter Business must not conduct any test, calibration, or installation using equipment that is not in good working order.

~

§ 64-16 Business Requirements – Signage.

(a) At all times, a Taximeter Business must maintain a sign that displays the Taximeter Business License number and the words, "Licensed Taximeter Business". This sign must meet the specifications of the Commission and be hung or mounted on the outside of the premises so that it is easily visible to the public. A Taximeter Business must not display a "Licensed Taximeter Business" sign if its Taximeter Business License or any other necessary license is expired, suspended, or revoked.
  1. Each Licensed Taximeter Business must also display, on each of its business premises, a printed sign bearing its business name, License number, and the TLC complaint number. This sign must be affixed to the inside of a front window or glass pane so that it is clearly legible from the outside. This sign is not required when the business premises do not have any front windows or glass panes.

~

§ 64-17 Business Requirements – Mailing and Email Address.

(a) Each Taximeter Business must designate the street address of its primary Taximeter Business location as its Mailing Address.
  1. A Taximeter Business must have a working Email Address at all times.
  2. A Taximeter Business must report any change of Mailing Address or Email Address to the Commission in person or by mail within ten days.

~

  1. Any communication from the Commission is sufficient if sent to the last Mailing Address provided by the Taximeter Business.
  2. Any communication from the Commission, except notices and summonses for which the manner of service is specified in 35 RCNY § 68-05, is sufficient if sent by email to the last Email Address provided by the Taximeter Business.

§ 64-18 Business Requirements – General Record-Keeping and Reporting Require- ments.

(a) A Taximeter Business must comply with all record-keeping procedures established by the Commission. All records required to be kept by the Commission must be in the form and manner prescribed by the Commission and must be maintained for a period of five (5) years.
  1. A Taximeter Business must account for all certification stickers procured and issued by the Taximeter Business Licensee.
  2. A Taximeter Business must account for all new or used Taximeters that the Taximeter Business Licensee buys, loans, rents, exchanges, or accepts in trade, and report all sales, trades and exchanges to the Commission within seven days of the transaction.
  3. A Taximeter Business must keep records of all sales, installations, inspections, re-inspections, calibrations, and repairs, as well as their results.

~

  1. A Taximeter Business must allow agents of the Commission or other authorized law enforcement officers to examine all the records the official Taximeter Business is required to keep at any time.

~

  1. A Taximeter Business must allow any agent of the Commission or any law enforcement official to inspect any portion of its business premises at any time.

~

§ 64-19 Business Requirements – Notifications to TLC of Unauthorized or Illegal Activity.

(a) A Taximeter Business must notify the Commission immediately by telephone and in writing within 24 hours when any of the following occurs:

   (1) A Taximeter has been presented for installation, repair, adjustment or calibration, which the Taximeter Business knows or has reason to know has been reported to the Commission as lost or stolen.

   (2) A Technology System has been presented for installation, repair, adjustment or calibration that the Taximeter Business knows or has reason to know has not been provided by a Technology System Provider.

   (3) A Taximeter is discovered with one or more seals removed, damaged, broken, or tampered with.

   (4) A person has requested that the Taximeter Business engage in any activity prohibited by these rules.

   (5) Any unauthorized person whom the Taximeter Business knows or should have known to be a Licensee of the Commission or to be acting on behalf of a Licensee has attempted to repair any Taximeter, seal, cable connection, or electrical wiring, and the repair may have affected the operation of a Taximeter.

   (6) Any person has attempted to connect any unauthorized device to any Taximeter, seal, cable connection, or electrical wiring, and the attempt may have affected the operation of a Taximeter.

   (7) The Taximeter Business discovers the existence of any intervening connections, splices, “Y” connections, or direct or indirect interruptions or connections of any kind whatsoever.

  1. Any notice required by the Commission must contain, at a minimum, the following information:

   (1) The Taxicab Medallion number

   (2) The Driver’s License number, if any, of the driver or drivers who presented the vehicle to the Taximeter Business

   (3) The date of the inspection or repair

   (4) A detailed description of any items, evidence, or occurrences as described in subdivision (a) of this section

   (5) The names and Driver’s License numbers of each individual listed as a Driver on the Rate Card.

~

§ 64-20 Business Requirements – Taximeter Business Liability for Conduct of Employees.

(a) Liability for Employee Conduct. A Taximeter Business must supervise and be responsible for the conduct of all its employees, contractors, or agents, for activities related to the sale, installation, inspection, testing, and calibration of Taximeters.
  1. Familiarizing Employees with Rules and Regulations. A Taximeter Business must ensure that all its employees are fully familiar with all pertinent regulatory agency rules and regulations.
  2. Employment of Certified Taximeter Technicians. A Taximeter Business must employ only certified Taximeter Technicians to perform any installation, testing, repair, or calibration of Taximeters.
  3. Responsibility for Maintenance of Records. The Certified Taximeter Technician must be responsible for maintaining all records required by the Commission and must place his or her signature on all inspection, testing, repair, or other reports he or she prepares.
  4. Compliance with Laws. A Taximeter Business must ensure that all its employees perform their duties in compliance with all relevant federal, state, and city laws, rules, and regulations.
  5. List of Certified Taximeter Technicians. A Taximeter Business must provide to the Commission, upon licensing or renewal, the names of all Certified Taximeter Technicians it employs. The Taximeter Business must also notify the Commission in writing of any changes in the employment of certified Taximeter Technicians.

~

§ 64-21 Business Requirements – Sale of Taximeters.

All of the following conditions must be met for a Taximeter Business to sell a Taximeter for use in a Medallion Taxicab:

  1. The Taximeter must be manufactured by a Taximeter Manufacturer and approved by the New York State Commissioner of Agriculture and Markets and the Commission.
  2. The Medallion must be attached to the vehicle.
  3. The Taximeter Business must also perform the installation, testing, and certification of the Taximeter/vehicle assembly.
  4. The Taximeter Business must inform all purchasers in writing before the sale takes place of all restrictions imposed by the Taximeter manufacturer or Taximeter Business Licensee regarding the testing, repairs, calibration, and installation of the Taximeter.
  5. The Taximeter Business must remove, deface, or otherwise void the validity of the certification sticker when it receives a Taximeter that has been purchased, exchanged, or accepted in trade by the Taximeter Business Licensee. The Taximeter Business must report such decertification to the Commission.
  6. The certification sticker must conform to all specifications established by the Commission and bear the name of the Chairperson of the Commission.
  7. The Taximeter must be installed in accordance with specifications filed with and approved by the Commission.
  8. No change in the method of installation can be made unless the installation method has been filed with and approved by the Commission.

~

§ 64-22 Business Requirements – Change in Business Ownership.

(a) Approval for Transfer of Ownership. A Taximeter Business owner must not transfer any interest in a Taximeter Business without the prior consent of the Commission. This prohibition covers the transfer of any ownership interest or any agreement to transfer an ownership interest in the future.

~

  1. Approval for Change to Application Information. A Taximeter Business must obtain the Commission’s approval before making any change in its location, mailing address, corporate name, trade name, corporate officers, or any other material deviation from the description of the Taximeter Business as stated in the original or renewal application.

~

§ 64-23 Technical Requirements – Liability for Tampering or Alteration.

(a) Strict Liability. By installing a seal on a Taximeter, the Taximeter Business certifies that the Taximeter has been tested and calibrated in accordance with these Rules. A Taximeter Business will be strictly liable for the tampering of a meter that is sealed with an unbroken seal issued by the Taximeter Business.
  1. Certification of Accuracy. By testing, installing, or calibrating a Taximeter, the Taximeter Business certifies that at the time of the installation, testing, or calibration, it conducted an examination and found the wiring harness leading from the Taximeter to the speed sensor is of one-piece construction with no intervening connectors, splices, “Y” connections, or direct or indirect interruptions of any kind whatsoever.

~

§ 64-24 Technical Requirements – Seals.

(a) Installation. The installation of a Taximeter that is not capable of being updated remotely includes affixing security seals to the Taximeter as required by the Commission. A Taximeter Business must use seals authorized and approved by the Commission. The security seals must be installed in the manner prescribed by the Commission so that the security seals self-destruct when the Taximeter or sealed part of the vehicle is disassembled.
  1. Record Keeping. The Taximeter Business must number each seal, keep a record of each seal used, use seals in consecutive numerical order, and account for any unused seal. The record of seals must be available for inspection by the Commission as provided in this section. The record must contain, at a minimum, the following information:

   (1) The seal number

   (2) The number of the Taximeter in which the seal was installed

   (3) The Medallion number of the Taxicab in which the Taximeter was installed

   (4) The date the seal was installed

   (5) The date and seal number of any seal removed

   (6) The reason for installing any new seal

  1. Removal. A Taximeter Business must remove all seals installed by another meter shop, whether or not the seal is broken, before installing a seal on a Taximeter.
  2. Storage. Each Taximeter Business must store seals and Taximeter repair records on its business premises either in a fireproof safe secured to the floor of the establishment or in a locked room secured by an alarm connected to a centralized monitoring facility.
  3. Security Procedures. Each Taximeter Business must maintain and file with the Commission a description of the procedures it uses to prevent the loss, theft, destruction, or misuse of Taximeter seals.

~

§ 64-25 Technical Requirements – Inspection of Taximeters.

(a) A Taximeter must be inspected by the Taximeter Business whenever it is installed, repaired, or calibrated. Inspection must include an examination of the Taximeter installation and operation to verify compliance with all of the following:

   (1) The Taximeter specifications, type approvals, tolerances, and all other requirements of the Commission, including, but not limited to a measured mile run test

   (2) The rate of fare established by the Commission

   (3) The standards established in the sections of the Taxicab owners’ rules regarding Taximeters

   (4) All other applicable federal, state, and city regulations and guidelines.

  1. This section does not apply to repairs made exclusively to the printing mechanism or the resetting of the date or time on the printer receipt.

~

§ 64-26 Technical Requirements – Other Repair Limitations.

A Taximeter Business must not perform any work on a Taximeter, including inspection, testing, calibration, or repair if any of the following conditions exist:

  1. No valid Taxicab License is presented, unless the Taximeter is not for use in a taxicab licensed by the Commission.
  2. The Taximeter serial number or software version number is deleted, defaced, or otherwise altered.
  3. The Taximeter has not been approved for use by the Commission.
  4. The Taximeter Business knows or should know that the Taximeter was reported lost or stolen to the Commission or any other law enforcement agency.
  5. The Taximeter Business has not received written consent from the owner or driver of the vehicle or his agent to perform any work on the Taximeter.

~

§ 64-27 Technical Requirements – Recording the Results of Taximeter Tests.

(a) Record of Results. The Taximeter Business must record the results of any inspections or tests, as well as the Taximeter make, model, and serial number on the form prescribed by the Commission. The Taximeter Business Licensee must submit the record of results to the Commission within seven (7) days of the inspection.

~

  1. Certification Sticker. Once the Taximeter has passed an inspection, the Taximeter Business, in addition to complying with subdivision (a), must affix to the Taximeter a certification sticker prescribed and approved by the Commission. Once removed, a certification sticker may not be re-affixed to the Taximeter.

~

  1. Security of Certification Stickers. A Taximeter Business must provide for the safekeeping of certification stickers, control their sequence of issuance, and ensure that the stickers are placed only on Taximeters in accordance with these regulations.

~

  1. Taxicab Hack-Up Installations. When a Taximeter is installed in preparation for “hack-up,” the Taximeter Business, in addition to complying with subdivisions (a) and (b), must do the following:

   (1) Prepare a vehicle “hack up” certification form approved by the Commission at the completion of the preparatory work for vehicle “hack-up”

   (2) Submit to the Commission, within 24 hours, all documents relating to the installation and inspection of the Taximeter

   (3) Provide the vehicle owner with an itemized list of all work performed in preparation for “hack-up”

~

§ 64-28 Technical Requirements – Failure of Tests.

(a) No Precondition to Perform Repairs. A Taximeter Business must not require that repair work based on the results of a test or inspection be performed by that Taximeter Business as a condition of performing any test or inspection.
  1. Who May Perform Repair Work. The Taximeter Business must inform the Taxicab owner or Driver that any needed work or repairs can be performed by any Licensed Taximeter Business.
  2. No Mandated Referrals. The Taximeter Business must not direct a Taxicab owner or Driver to use a particular Taximeter Business to perform the needed repair work.

~

§ 64-29 Technical Requirements – Roof Light Installation and Repair.

(a) Approved Roof Lights. A Taximeter Business can install Roof Lights only in a Medallion Taxicab. The Roof Lights must be of a type or model approved by the Commission.
  1. Limitation on Use of Directional Appendages. A Taximeter Business must install Roof Light directional appendages so that they can be used for directional or emergency uses ONLY.
  2. Emergency or Trouble Lights. When an emergency or trouble light is installed, the Taximeter Business must install only a type or model that has been approved by the Commission and that complies with the Commission’s specifications.
  3. Emergency/Trouble Light Switch. When an emergency or trouble light is installed, the Taximeter Business must install a switch that has no other function than to operate the emergency or trouble light and that is not connected to any other equipment.
  4. Interrelationship of Operation. The Taximeter Business must install the Roof Light, the trouble light, the Taximeter, and the Rate Card/TLC Driver License holder light so that the operation of any of these mechanisms is not controlled or affected by the dashboard light dimmer switch or any other device controlled by the Driver.
  5. Specifications for Switches and Wiring. The Taximeter Business must only use switches and wiring that meet specifications of the Society of Automotive Engineers, where such specifications are applicable.
  6. Unauthorized Switches, Wiring or Connections. The Taximeter Business can only install switches for functions approved by the Commission. No additional switches, wiring, or connections may be installed.

~

§ 64-30 Taximeter Manufacturers – Licensing and General Requirements.

(a) Approval Required. Before they are eligible for use in the State of New York, all Taximeters must be approved by the New York Department of Agriculture and Markets.
  1. Licensing of Taximeter Manufacturer. No Taximeter can be used in a Taxicab unless the manufacturer has a Valid Taximeter Manufacturer’s License.
  2. General Requirements. All Licensing Requirements (35 RCNY § 64-04 through 35 RCNY § 64-08), General Requirements (35 RCNY § 64-09 through 64-12) and Conduct requirements (35 RCNY § 64-33) will govern and apply to Taximeter Manufacturers in addition to the specific requirements established in 35 RCNY § 64-31 and 35 RCNY § 64-32.

§ 64-31 Taximeter Manufacturers – Appointment of Manufacturer’s Representative.

(a) A manufacturer required to be licensed by the Commission under this chapter can appoint a Manufacturer's Representative to hold that License.
  1. A Taximeter Manufacturer that wishes to use a Manufacturer’s representative must appoint and authorize the Manufacturer’s representative to act on its behalf, in writing. The Taximeter Manufacturer will be bound by the actions of the Manufacturer’s Representative.
  2. In the event a Taximeter Manufacturer chooses to appoint a Manufacturer’s Representative to hold a License, the following provisions apply:

   (1) The Manufacturer’s Representative must have the ability to fulfill the requirements and obligations of a Taximeter Manufacturer under this chapter and will be held jointly responsible with the Taximeter Manufacturer for fulfilling these duties and responsibilities. The Taximeter Manufacturer’s appointment of a Manufacturer’s Representative will not relieve it of responsibility for compliance.

   (2) The Taximeter Manufacturer must inform the Commission of the appointment of a Manufacturer’s Representative by providing a copy of the appointment together with the name, address, and License numbers, if any, of the Manufacturer’s Representative, and must resubmit this information, as updated, with every renewal application as long as the Manufacturer’s Representative’s appointment continues.

   (3) Each Manufacturer’s Representative appointed under this subdivision must apply to hold a License under this chapter and must meet all applicable standards, criteria, and conditions of licensure. When a Manufacturer’s Representative applies for a License or its renewal, he or she must also include in his or her application an acceptance of his or her appointment as Manufacturer’s Representative and of the responsibilities imposed on the manufacturer by this chapter.

~

§ 64-32 Comply with Laws – Conduct Rules.

(a) Acceptance of Gift or Gratuity. A Taximeter Licensee or any person acting on his or her behalf must not accept any gift, gratuity, or thing of value from an owner or driver of any vehicle licensed by the Commission or from anyone acting on behalf of an owner or driver for the purpose of violating any of these rules through acts of commission or omission.
  1. Reporting on Requests for Gift or Gratuity. A Taximeter Licensee, any person acting on the business owner’s behalf, or any of the Licensee’s employees must immediately report to the Commission and the NYC Department of Investigation any request or demand for a gift, gratuity, or thing of value by any employee, representative, or member of the Commission or by any public servant.
  2. Offer of Gifts and Gratuities. A Taximeter Licensee or any person acting on his or her behalf must not offer or give any gift, gratuity, or thing of value to any employee, representative, or member of the Commission or to any other public servant.

~

  1. Reporting on Offers of Gift or Gratuity. A Taximeter Licensee must notify the Commission immediately by telephone and in writing within 24 hours after receiving any offer of a gift or gratuity prohibited by 35 RCNY § 64-32(a).
  2. Fraud, Misrepresentation & Larceny. A Taximeter Licensee, while performing his or her duties and responsibilities as a Taximeter Licensee, must not commit or attempt to commit, alone or in concert with another, any act of fraud, misrepresentation, or larceny. Examples of fraud, larceny, or misrepresentation include, but are not limited to, calibration of a fare other than that set by the Commission; adjustment of the tire size, driving axle, transducer, wiring, or other equipment for the purpose of generating an inaccurate signal of time or distance into the Taximeter or the Technology System; the manufacture, sale or installation of any device that is either designed to or does generate a false or inaccurate signal into the Taximeter or the Technology System; or falsification of Technology System records.

~

  1. Willful Acts of Omission and Commission.

   (1) Omission. While performing the duties and responsibilities of a Licensee, a Licensee must not deliberately fail to perform, alone or with another, any act where this failure is against the best interests of the public, although not specifically mentioned in these Rules.

   (2) Commission. While performing the duties and responsibilities of a Licensee, a Licensee must not deliberately perform, alone or with another, any act that is against the best interests of the public, although not specifically mentioned in these Rules.

~

  1. Notice of Criminal Conviction.

   (1) A Taximeter Licensee must notify the Commission in writing within fifteen (15) days after any criminal conviction of the Licensee or any of the Licensee’s Business Entity Persons.

   (2) Notification must be in writing and must be accompanied by a certified copy of the certificate of disposition of the conviction issued by the clerk of the court.

~

  1. Threats, Harassment, Abuse. A Taximeter Licensee must not threaten, harass, or abuse any governmental or Commission representative, public servant, or other person while performing his or her duties and responsibilities as a Licensee.

~

      (i) Use or Threat of Physical Force. A Taximeter Licensee must not use or attempt to use any physical force against a Commission representative, public servant, or other person while performing his or her duties and responsibilities as a Licensee.

~

  1. Failure to Cooperate with Law Enforcement. A Taximeter Licensee must cooperate with all law enforcement officers and representatives of the Commission at all times.

~

  1. Failure to Cooperate with the Commission. A Taximeter Licensee must answer and comply as directed with all questions, communications, notices, directives, and summonses from the Commission or its representatives. A Licensee must produce his or her Commission License and other documents whenever the Commission requires.

~

  1. MTA Tax. A Taximeter Licensee must adjust the Taximeter in any Taxicab to add the MTA Tax to the fare. The MTA Tax must be charged on any trip that starts in New York City and ends in any of:

   1. New York City.

   2. Dutchess County.

   3. Nassau County.

   4. Orange County.

   5. Putnam County.

   6. Rockland County.

   7. Suffolk County.

   8. Westchester County.

Chapter 65: Sale of Taxicab Medallions

Subchapter A: Sale of New Medallions

§ 65-01 Scope of this Subchapter.

(a)  In accordance with Administrative Code § 19-532, the Chairperson will issue and sell additional Taxicab Licenses up to the number authorized by state and local law.
  1. This subchapter establishes the process for issuing and selling newly authorized Medallions.

§ 65-02 Penalties.

(a)  Specific Penalties. If there are specific penalties for violating a Rule, they will be shown at the end of the Rule. The penalty section will also state whether the violator must attend the Hearing.
  1. Payment of Fines.

   (1) Fines are due not later than 30 days after the Respondent is found guilty of or pleads guilty to the violation, unless:

      (i) the Respondent files an appeal of the decision issued by the Taxi and Limousine Tribunal within the time required by 48 RCNY Chapter 5, in which case the payment of the fines will be deferred until 30 days after the date of the appeal decision.

   (2) If the fine is not paid by the close of business on the date due, the Commission will notify the Respondent in writing that the Respondent’s License will be suspended in 10 business days of the date of the notification until the fine is paid, unless the Respondent demonstrates to the Commission, in person or in writing, that the fine has been paid.

§ 65-03 Definitions Specific to this Subchapter.

(a)  Bidder. An individual submitting a sealed bid for one or more Lots of Taxicab Medallions or a Business Entity to which an individual Bidder assigns a bid.
  1. Broker or Taxicab Broker. For purposes of this subchapter, a Broker or Taxicab Broker will include any person or entity, and any person or entity which is an owner, shareholder, partner, member or employee of such person or entity, that represents or advises any Bidder or potential Bidder in connection with an actual or potential bid and meets either of the following criteria:

   (1) Provides advice regarding bid price or potential bid price; or

   (2) Obtains actual knowledge of the bid price submitted by any Bidder while providing representation or advice.

  1. Closing Deadline. A Closing Deadline will be the date by which a winning Bidder must close on any Lot as established in 35 RCNY § 65-07(a).
  2. Independent Medallion. A class of Medallion Taxicab License, the owner of which may only own one Medallion.
  3. Lot. Medallions being sold in a single unit, which will be one Medallion in the case of an Independent Medallion and two or more Medallions in the case of Minifleet Medallions.
  4. Minifleet Medallion. A class of Medallion Taxicab License, the owner of which must own at least two Minifleet Medallions.
  5. Reserve Status and Reserve Status Bids. The highest ten percent of the non-winning bids in each category hold Reserve Status, unless the Chairperson determines a greater number of non-winning bids will receive Reserve Status and sets a higher qualifying percentage. A bid holding Reserve Status is a Reserve Status Bid and is converted to a winning bid when a winning Bidder fails to comply with the Closing Deadlines established in this Rule.

§ 65-04 General Provisions.

(a)  Sale by Sealed Bid. The public sale of newly issued Taxicab Medallions will be done by Sealed Bid.
  1. Classification of Medallions. Each Medallion will belong to only one of the following classifications and will permanently remain in that classification regardless of change in ownership of the Medallion after issuance:

   (1) Independent Medallion

   (2) Minifleet Medallion

   (3) Accessible Independent Medallion

   (4) Accessible Minifleet Medallion

   (5) Alternative Fuel Independent Medallion

   (6) Alternative Fuel Minifleet Medallion.

  1. Sale in Lots. New Medallions will be sold in Lots.
  2. Ratios of Medallion Classifications. The ratio of Minifleet Medallions to Independent Medallions (whether Restricted or Unrestricted) will be maintained in accordance with § 19-504(i) of the Administrative Code.
  3. Separate Public Sales. Separate sales may be conducted for each of Independent Medallions, Minifleet Medallions, Accessible Independent Medallions, Accessible Minifleet Medallions, Alternative Fuel Independent Medallions, and Alternative Fuel Minifleet Medallions.

§ 65-05 Commission Procedures for Holding a Sealed Bid Sale.

(a)  Notice of the Sale. Sealed bid sales and any postponements of these sales will be publicized as required below.

   (1) Publication of Sealed Bid Sale. The Chairperson will publicize each sealed bid sale by placing an announcement in the City Record for five consecutive days, beginning at least thirty days prior to the deadline for bidding. The announcement will include the following:

      (i) The date and time on which bids are due;

      (ii) The number of Medallions to be sold;

      (iii) Whether those Medallions will be sold as Independent Medallions, Minifleet Medallions, Accessible Independent Medallions, Accessible Minifleet Medallions, Alternative Fuel Independent Medallions, or Alternative Fuel Minifleet Medallions;

      (iv) The numbers of Minifleet and Independent Medallions to be sold;

      (v) The percentage of highest non-winning bids that will determine the Reserve Status class for each type of Medallion to be sold; and

      (vi) Other terms of sale.

   (2) Publication of Postponements. The Chairperson has the ability to postpone the public sale. The Chairperson will place an announcement of the postponement in the City Record for five consecutive days, beginning at least ten days prior to the new deadline for bidding.

   (3) Additional Notices. The Chairperson can place additional notices in the City Record or other publications.

  1. Pricing.

   (1) The Chairperson will set a minimum upset price for Medallions to be sold.

   (2) The Chairperson will establish different upset prices for each type of Medallion sold.

   (3) A minimum upset price will be published in the City Record at least ten days prior to the deadline for submission of bids.

   (4) Any bid received that is less than that minimum will be rejected as non-responsive.

  1. Bid Opening.

   (1) The Chairperson will set a date when the bids will be opened in public and the winning bids announced at the public sale.

   (2) The winning bids will be the highest bids that are complete and responsive as established in 35 RCNY § 65-06.

   (3) The winning Bidders will be notified promptly by certified mail.

   (4) Tie bids will be decided with a drawing, which will be held at the bid opening. This process will also be used to determine tie bids that qualify for Reserve Status.

   (5) Winning bids will be published in the City Record and posted at the Commission’s office and on the Commission’s website.

  1. Reserve Status Bids.

   (1) The Chairperson will determine the number of the highest, non-winning bids that will be given Reserve Status for each type of Medallion sold. This number will not be less than ten percent of the total number of Medallions of that type being sold.

   (2) The holders of the highest non-winning bids that have been given Reserve Status will be notified of their Reserve Status.

   (3) Reserve Status may be converted to a winning bid if a winning Bidder fails to comply with the Closing Deadlines established in this Rule.

   (4) The Chairperson will notify the holder of a Reserve Status Bid when that status changes to a winning bid. The date of notification will be the date of the bid opening for purposes of calculating the holder’s deadlines under this Subchapter.

   (5) The Chairperson will hold a drawing at the bid opening to determine which bids will be given Reserve Status if there are more bids at the lowest bid price qualifying for Reserve Status than set by the Chairperson.

   (6) A winning Bidder for any Lot that fails to comply with the Closing Deadline requirements will be disqualified from Reserve Status.

  1. Assignment of the Winning Bid.

   (1) The rights of a winning Bidder can only be assigned prior to the close of sale by a winning Bidder who is a Business Entity Person to a Business Entity.

   (2) The rights of a winning Bidder may not be assigned to any Business Entity if any Business Entity Person of that Business Entity did not comply with the Closing Deadline requirements associated with a winning bid on any higher priced Lot.

§ 65-06 Procedures for Bidding.

(a)  Submitting a Bid. Each Bidder must do the following:

   (1) Submit bid on the form determined by the Chairperson.

   (2) Submit only one bid for one Lot per envelope.

   (3) Include with each bid the following:

      (i) For each Minifleet Medallion for which a Bidder submits a bid, a deposit of $5,000 (or $10,000 for each lot of 2 Minifleet Medallions) in a certified check, bank check, money order, or a check issued by a Taxicab Broker or Agent licensed by the Commission pursuant to 35 RCNY Chapter 62 or 35 RCNY Chapter 63 respectively, payable to the “New York City Taxi and Limousine Commission”

      (ii) For each Independent Medallion for which a Bidder submits a bid, a deposit of $2,000 in a certified check, bank check, money order, or a check issued by a Taxicab Broker or Agent licensed by the Commission pursuant to 35 RCNY Chapter 62 or 35 RCNY Chapter 63 respectively, payable to the “New York City Taxi and Limousine Commission” and

      (iii) A letter of commitment for no less than eighty percent of the bid amount, issued by a bank or credit union licensed to do business in the State of New York or other lender licensed by the State of New York or the Federal Government.

   (4) Submit bid in a 9” x 12” sealed envelope with a cover form determined by the Chairperson on which the Bidder must indicate the following:

      (i) The Bidder’s name, address, phone number and date of sale; and

      (ii) The type of Medallion Lot.

   (5) Submit each sealed bid by hand delivery at the time and place designated by the Chairperson.

   (6) Submit each bid between 9:00 a.m. and 12:00 noon on any of the four business days immediately prior to the deadline for bidding.

  1. Late Bids. Any bid presented to the Commission after the deadline in 35 RCNY § 65-06(a)(6) will not be accepted.
  2. Required Certifications. As part of each bid form, the Bidder must certify the following:

   (1) The Bidder has not relied on any statements or representations from the City of New York in determining the amount of the bid.

   (2) The Bidder has not colluded, consulted, communicated, or agreed in any way with any other Bidder or prospective Bidder for the purpose of restricting competition or of inducing any other prospective Bidder to submit or not to submit a bid for the purpose of restricting competition.

   (3) The Bidder has not disclosed any bid price, directly or indirectly, to any other Bidder for the purpose of restricting competition or of inducing any other prospective Bidder to submit or not to submit a bid for the purpose of restricting competition.

   (4) The Bidder is not acting as a Taxicab Broker for any other Bidder and is not the owner, shareholder, partner, member, or employee of any person or entity acting as a Taxicab Broker for any other Bidder.

  1. Non-Responsive Bids. The following will be considered “non-responsive” bids and will be rejected:

   (1) Bids not rounded to the nearest one-cent increment.

   (2) Bids not using the proper form or the proper envelope.

   (3) Bids where the form or envelope cover form is not properly completed, as determined by the Chairperson.

   (4) Bid packages that do not have the proper deposit.

   (5) Bid packages that do not contain a commitment letter meeting the requirements of this section.

   (6) Bid packages containing bids for more than one Lot per envelope.

   (7) Bids that are non-responsive or non-conforming in any other respect.

  1. All Bids Final. All bids are considered final and no Bidder will be allowed to correct any bid after submission.

§ 65-07 Closing on the Purchase.

(a)  Closing Deadlines.

   (1) Within ninety days after the bid opening, each winning Bidder must close on his or her Medallion(s). If the winning Bidder is unable to close within that period, Bidder must complete the following no later than ninety days after the bid opening:

      (i) Deposit twenty-five thousand dollars ($25,000) in a form of payment acceptable under 35 RCNY § 52-40(b)(2) for each Medallion covered by the winning bid; and

      (ii) Provide the Chairperson with proof of purchase of a vehicle eligible for Hack-Up (see 35 RCNY Chapter 67) in the form of a certificate of origin, a certificate of title, a bill of sale, or a signed sales contract.

   (2) All purchases of Medallions must close by no later than ninety days after bid opening unless extended by the Chairperson for reasonable cause shown.

   (3) All closing dates are subject to the approval of the Chairperson.

   (4) No closing date can be scheduled until the winning Bidder has done the following:

      (i) Demonstrated compliance with all of the requirements for issuance and ownership of a Taxicab License; and

      (ii) Submitted proof of purchase of a vehicle eligible for Hack-Up in the form of a certificate of origin, a certificate of title, a bill of sale, or a signed sales contract.

   (5) A winning Bidder’s failure to comply with the provisions in this subdivision will result in the disqualification of the winning bid.

  1. Additional Pre-Closing Requirements. Each winning Bidder must complete the following prior to closing:

   (1) Submit all documentation required by the Chairperson.

   (2) Clear outstanding fines and penalties.

   (3) Submit fingerprint records as directed by the Chairperson unless the Bidder has electronic fingerprints already on file with the Commission.

  1. Post-Closing Requirement. Hack-Up each Medallion sold under this Subchapter no later than the fifth business day following the day of the closing on the sale of the Medallion, unless extended by the Chairperson for reasonable cause shown.
  2. Payment. The winning Bidder will be responsible for payment of the following:

   (1) The balance of the purchase price (the bid amount, minus any deposits);

   (2) Any applicable taxes;

   (3) Two years’ worth of license and inspection fees (as provided in 35 RCNY § 58-07); and

   (4) Any other fees due. No Medallion transfer tax will be collected for the initial Medallion issuance.

  1. Disposition of Deposits.

   (1) All deposits of winning Bidders will be credited toward the sale price.

   (2) If the winning Bidder is not qualified to hold a license, the deposit will be refunded.

   (3) A winning Bidder who does not attempt to meet the requirements of this subchapter, including a winning Bidder who fails to comply with the Closing Deadlines, will lose all deposits made under 35 RCNY § 65-06.

   (4) Deposits of non-winning and non-responsive Bidders will be returned by the Chairperson if possible.

      (i) A deposit made under 35 RCNY § 65-06 that is not returnable to the Bidder will be deemed forfeited by the Bidder and will be retained by the Commission after the Chairperson has made two unsuccessful attempts to return the deposit, by certified mail, return receipt requested, to the address listed by the Bidder on the bid form.

   (5) Deposits submitted with bids that achieve Reserve Status will be held until those bids are converted to winning bids or until the sales have closed for all Lots of Medallions of the type for which the bid was made.

  1. Disqualification.

   (1) A winning Bidder’s failure to meet the Closing Deadlines provided in this section will result in the disqualification of that Bidder as to that winning bid and the forfeiture of deposits made under 35 RCNY § 65-06 for that winning bid.

   (2) A winning Bidder whose bid is disqualified due to Bidder’s failure to meet the Closing Deadlines established here will also be disqualified and will have all deposits made under 35 RCNY § 65-06 forfeited with respect to any Reserve Status Bids that Bidder may have.

   (3) A winning Bidder who has more than one winning bid or Reserve Status Bid (including any bids assigned to a Business Entity in which that Bidder is a Business Entity Person) must close first on his or her highest winning bid and then in descending order of each next highest winning bid(s).

   (4) A winning Bidder who has more than one winning bid or Reserve Status Bid (including any bids assigned to a Business Entity in which that Bidder is a Business Entity Person) may not avoid closing on the higher winning bid(s) by failing to meet Closing Deadlines. In such a case, the winning Bidder will be disqualified first on the lowest of his or her winning bids and then in ascending order on each of the next lowest winning bids. The deposits made under 35 RCNY § 65-06 for the disqualified bids will be forfeited.

§ 65-08 Conflict of Interest Prohibitions.

(a)  A Bidder cannot collude, consult, communicate, or agree in any way with any other Bidder or prospective Bidder for the purpose of restricting competition or inducing any other prospective Bidder to submit or not submit a bid for the purpose of restricting competition. A Bidder cannot disclose any bid price, directly or indirectly, to any other Bidder for the purpose of restricting competition or inducing any other prospective Bidder to submit or not submit a bid for the purpose of restricting competition. In addition to any other penalties provided by law, violation of this subdivision or submission of a false certification under 35 RCNY § 65-06 will result in the disqualification of all bids submitted by that Bidder.

~

  1. A Taxicab Broker cannot submit a bid to purchase any Lot if that broker is acting as a Taxicab Broker for any Bidder. This prohibition also applies to any Business Entity Person or employee of a Taxicab Broker.

~

Subchapter B: Sale of Reissued Medallions

§ 65-11 Scope of this Subchapter.

This Subchapter establishes the procedures for the Commission to reissue Taxicab Medallions that have been revoked where the owners of such revoked Medallions did not provide for the resale of the Medallions.

§ 65-12 Penalties.

This Subchapter is informational in nature and does not contain any penalties.

§ 65-13 Definitions Specific to this Subchapter.

Reissued Medallions are Medallions that meet the following criteria:

  1. The original owner’s Medallion Taxicab License has been revoked;
  2. The original owner failed to sell or otherwise legally dispose of the Medallion; and
  3. The Medallion was repossessed by the Commission and subsequently re-issued for sale to a new owner.

§ 65-14 General Provisions.

(a)  Re-Issuing Medallions. Any Taxicab Medallion that has been revoked by the Commission and not sold by the Owner prior to revocation may be repossessed by the Commission and reissued and sold by the Commission.
  1. Sale by Public Auction. The sale of reissued Medallions will be done by public auction.

§ 65-15 Commission Requirements for Conducting the Public Auction.

(a)  Licensed Auctioneer. The public auction will be conducted by a licensed auctioneer.
  1. Notice. The auction sale will be advertised in the City Record for at least twenty days before the auction. At his or her discretion, the Chairperson can also advertise the auction in newspapers and other media.
  2. Maintenance of Medallion Classification. The classification of Medallions issued under this Subchapter will not change regardless of change in ownership of the Medallion after issuance.
  3. Sale of Minifleet Medallions.

   (1) A Minifleet Medallion can be issued only to a corporation that owns at least one other Minifleet Medallion. The purchase at auction of two Minifleet Medallions will satisfy that requirement.

   (2) If more than one Minifleet Medallion is being auctioned, the Medallions will be auctioned first as a pair and then separately. The final sale of the Medallions will be in the manner (as a pair or separately) that will bring the highest return to the City.

§ 65-16 Chairperson’s Authority to Modify Auction Procedures.

(a)  Cancellation. The Chairperson can, at any time and for any reason, postpone or cancel an auction.
  1. Modification. The Chairperson may modify the bidding or closing procedures established below provided that a public notice in the City Record is made in advance of the auction.
  2. Delegation and Discretion. The Chairperson may take further measures as may be appropriate to the sale of the medallions.

§ 65-17 Bidding Requirements and Procedures.

(a)  Bidder Criteria. Any person can bid. However, the highest Bidder must satisfy all criteria for Taxicab License owners. The Chairperson will review the application for a license by the highest bidder to determine if that bidder satisfies the ownership criteria.
  1. Application for Medallion License. The highest bidder must file an application for a Taxicab License with the Commission within three weeks from the auction date, unless the Chairperson extends the deadline for good cause.
  2. Denial of Application.

   (1) If the highest bidder’s application for a license is denied for any reason, the second-highest bidder will be awarded the sale on condition that the second-highest bidder’s application for a Taxicab License is approved by the Chairperson.

   (2) If neither the highest bidder’s nor the second-highest bidder’s application for a license is approved, the auction will be nullified.

§ 65-18 Closing Requirements and Procedures.

(a)  Deposit. Immediately after the close of bids, the highest Bidder must provide a deposit to the auctioneer covering a percentage of the high bid as set in advance by the Chairperson. The deposit must be in the form of a certified check, a money order, or such other form as set in advance by the Chairperson and published in the City Record.
  1. Other Payments Due. In addition to the amount bid, the highest Bidder will be responsible on the transfer closing date for any sales tax, Medallion transfer tax, or other applicable taxes or fees.
  2. Stay of Closing. The outcome of an auction remains conditional pending the resolution of any challenge to the Commission’s legal authority to issue and auction the Medallion.

Chapter 66: Licensing & Rules for Technology System Providers

§ 66-01 Scope of the Chapter.

(a) To establish a formal procedure for the licensing and supervision of businesses that sell, lease, make available for use, install, service, and repair Technology Systems.
  1. To establish technical requirements for Technology Systems and provide for the issuance of licenses to Technology System Providers whose systems meet such requirements.
  2. To establish services to be provided by Technology System Providers.
  3. To establish appropriate penalties for the violation of these rules.

§ 66-02 Penalties.

(a) Unlicensed Activity.

   (1) Unlicensed Activity is the act of providing or advertising the provision of any Commission-regulated service by:

      (i) Any Licensee whose License is suspended, revoked, or expired and not yet renewed, or

      (ii) Any person who does not hold a Valid License from the Commission for the Technology System.

   (2) Unlicensed Activity specifically includes the activities listed in 35 RCNY § 66-08 and can result in License suspension, revocation, and other penalties.

  1. Specific Penalties. If there are specific penalties for violating a Rule, they will be shown at the end of the Rule. The penalty section will also state whether the violator must attend the Hearing.
  2. Payment of Fines.

   (1) Fines are due within thirty (30) days of the day the Respondent is found guilty of the violation, unless:

      (i) the Respondent files an appeal of the decision issued by the Taxi and Limousine Tribunal within the time required by 48 RCNY Chapter 5, in which case the payment of the fines will be deferred until 30 days after the date of the appeal decision.

   (2) If the fine is not paid by the close of business on the date due, the Commission will notify the Respondent in writing that the Respondent’s License will be suspended in 10 business days of the date of the notification until the fine is paid, unless the Respondent demonstrates to the Commission, in person or in writing, that the fine has been paid.

  1. Non-renewal of License; Suspension; Revocation.

   (1) Non-renewal of License.

      (i) If a Technology System Provider License is not timely renewed, the Technology System Provider must immediately notify:

         (A) the Commission of the date of License expiration; and

         (B) each Taxicab or Street Hail Livery Licensee who is using the Technology System approved under the expired License that the Taxicab or Street Hail Livery Licensee has ninety (90) days from the date of License expiration to obtain a Technology System and related services from another Technology System Provider.

      (ii) Upon expiration of the Technology System Provider License, the Technology System Provider must not enter into any new contracts with Licensees for sale, lease or use of the Technology System approved under the expired License, and must not renew existing contracts with Taxicab or Street Hail Livery Licensees who are using the Technology System approved under the expired License.

      (iii) Upon expiration of the Technology System Provider License, the Technology System Provider must continue to provide to each such Taxicab or Street Hail Livery Licensee all services required by this Chapter, including but not limited to Maintenance Service, and will be subject to all monetary fines that apply as if its Technology System Provider License were not expired for ninety (90) days after License expiration or until all such Taxicab or Street Hail Livery Licensees have obtained Technology Systems and related services from other Technology System Providers, whichever is earlier.

      (iv) A Technology System Provider whose License has expired must provide to each Taxicab or Street Hail Livery Licensee who used the Technology System approved under the expired License the following:

         (A) De-installation of the Technology System at no charge; and

         (B) If the Taxicab or Street Hail Livery Licensee purchased the Technology System for ownership, a refund of the purchase price of the Technology System based on the net book value of such Technology System, applying straight line depreciation by using the purchase price as the cost basis and assuming a sixty (60) month useful life with no salvage value.

   (2) Suspension.

      (i) If a Technology System Provider’s License has been suspended by the Commission for a period of at least thirty (30) days, the Technology System Provider must immediately notify each Taxicab or Street Hail Livery Licensee who is using the Technology System approved under the suspended License:

         (A) the dates during which the License is suspended,

         (B) that the Taxicab or Street Hail Livery Licensee has the option to terminate its contract with the Technology System Provider Licensee by providing written notice to the Technology System Provider, or if its contract will expire during the period of suspension that the Taxicab or Street Hail Livery Licensee has the option not to renew its contract, and,

         (C) that the Taxicab or Street Hail Livery Licensee, if it wishes to terminate or not to renew its contract with the Technology System Provider whose License has been suspended, has ninety (90) days from the end date of the suspension period to obtain a Technology System and related services from another Technology System Provider.

      (ii) While the Technology System Provider’s License is suspended, the Provider must not enter into any new contracts with Taxicab or Street Hail Livery Licensees for sale, lease or use of the Technology System approved under the suspended License, but may renew, at the option of the Taxicab or Street Hail Livery Licensee, existing contracts with Taxicab or Street Hail Livery Licensees who are using the Technology System approved under the suspended License.

      (iii) While the Technology System Provider’s License is suspended, the Technology System Provider must continue to provide to such Taxicab or Street Hail Livery Licensees all services required by this Chapter, including but not limited to Maintenance Service, and will be subject to all monetary fines that apply as if its Technology System Provider License were not suspended. If a Taxicab or Street Hail Livery Licensee opts to terminate its contract with the Technology System Provider or to not renew its contract while the Technology System Provider License is suspended, the Technology System Provider must provide such services for:

         (A) ninety (90) days after the end date of the suspension period, or

         (B) until all such Taxicab or Street Hail Livery Licensees have obtained Technology Systems and related services from other Technology System Providers,

         whichever is earlier.

   (3) Revocation.

      (i) If a Technology System Provider’s License has been revoked by the Commission, the Technology System Provider must immediately notify each Taxicab or Street Hail Livery Licensee who is using the Technology System approved under the revoked License that:

         (A) its contract with the Technology System Provider will be deemed terminated ninety (90) days following the date of License revocation, or

         (B) may be terminated earlier by the Taxicab or Street Hail Livery Licensee by giving written notice of termination, and,

         (C) that the Taxicab or Street Hail Livery Licensee has up to ninety (90) days from the date of License revocation to obtain a Technology System and related services from another Technology System Provider.

      (ii) Upon revocation of the Technology System Provider’s License, the Provider must not:

         (A) enter into any new contracts with Taxicab or Street Hail Livery Licensees for sale, lease or use of the Technology System approved under the revoked License, or

         (B) renew existing contracts with Taxicab or Street Hail Livery Licensees who are using the Technology System approved under the revoked License.

      (iii) Upon revocation of the Technology System Provider License, if the Technology System approved under the revoked License is functioning properly, the Technology System Provider must continue to provide to such Taxicab or Street Hail Livery Licensees all services required by this Chapter, including but not limited to Maintenance Service, and will be subject to all monetary fines that apply as if their Technology Provider License were not revoked, for:

         (A) ninety (90) days after License revocation, or

         (B) until all such Taxicab or Street Hail Livery Licensees have obtained Technology Systems and related services from other Technology System Providers,

         whichever is earlier.

      (iv) If the Technology System is not functioning properly, the Technology System Provider must cease its operations with respect to such Technology System.

      (v) A Technology System Provider whose License has been revoked must provide de-installation at no charge to each Taxicab or Street Hail Livery Licensee who used the Technology System approved under the revoked License.

~

§ 66-03 Definitions Specific to this Chapter.

(a) Applicant in this Chapter means an Applicant for an original or renewal Technology System Provider License.
  1. Credit, Debit, and Prepaid Card Services means the portion of the Technology System used to process Passenger payment of fare in a Taxicab or Street Hail Livery by credit, debit, or prepaid card as described in 35 RCNY § 66-24(a).
  2. License. When the term “License” is used by itself in this Chapter – and in this Chapter ONLY – it refers to a Technology System Provider License.
  3. Licensee. When the term “Licensee” is used by itself, in this Chapter – and in this Chapter ONLY– it refers to a Technology System Provider Licensee.
  4. Maintenance Service means all of the services required to be provided by the Technology System Provider pursuant to 35 RCNY § 66-18.
  5. Modification of Technology System means any modification to the Technology System or related services after the Commission has issued a License for such Technology System that would materially alter the functionality, performance characteristics, security measures, or technical environment of the Technology System or related services. A Modification of Technology System excludes:

   (1) fixes and/or maintenance patches necessary to conform the Technology System or any of its components or related services to the requirements set forth in 35 RCNY § 66-24; and

   (2) security patches to the extent such fixes or patches are necessary in the Technology System Provider’s good faith judgment to maintain the continuity of the Technology System or related services or to correct an event or occurrence that would, if uncorrected, substantially prevent, hinder or delay proper operation of the Technology System or related services.

  1. On-duty Hail Exclusionary Zone Positioning means the date, time and geographic position of an on-duty Street Hail Livery (with or without Passengers) upon the point of entering and leaving the Hail Exclusionary Zone, and at each point in the vehicle’s route within the Hail Exclusionary Zone in near real time at an interval no less frequent than every thirty (30) seconds.
  2. On-duty Location Positioning. The date, time and geographic position of an on-duty Taxicab or Street Hail Livery (with Passengers) at the commencement and end of each Passenger fare, and (with or without Passengers or with the on-duty unavailable code described in 35 RCNY § 66-24(b)(1)) at each point in the vehicle’s route in near real time at an interval no less frequent than every thirty (30) seconds.
  3. PCI Standards. The Payment Card Industry Data Security Standards issued by the Payment Card Industry Security Standards Council as they may change from time to time. See www.pcisecuritystandards.org.
  4. Personal Information. Any information that can specifically identify an individual, such as name, address, social security number, unmasked or non-truncated credit, debit, or prepaid card numbers, together with any other information that relates to an individual who has been so identified, and any other information that is otherwise subject to privacy or confidentiality laws and associated rules and regulations. The display or disclosure of only the last four digits of a credit, debit, or prepaid card number is not Personal Information. The name of a Driver and the Driver’s Commission license number is not Personal Information.
  5. Technical Standards means performance-based or design-specific technical specifications and related management systems practices.
  6. TLC Driver License means the authority granted by the Commission to an individual to drive a Taxicab, For-Hire Vehicle or Street Hail Livery in the City of New York.
  7. 24 x 7 x 365 Basis means a level of effort provided by the Technology System Provider that makes the applicable service relating to the Technology System available 24 hours per day, 7 days per week, 365 days per year without regard to local, national, international holidays or other events.
  8. Update means all revisions, updates, modifications, corrections, releases, versions, fixes and enhancements to Software or Hardware that is a component of the Technology System.

§ 66-04 Licensing – General Requirements.

(a) Licensees. An Applicant for a Technology System Provider License or its renewal may be an individual or a Business Entity.
  1. Approval for Each Technology System. Each Technology System offered under a Technology System Provider’s License must be approved by the Chairperson prior to making it available for sale, lease, or use by Taxicab or Street Hail Livery Licensees. A Technology System intended for use in Street Hail Liveries, pursuant to 35 RCNY § 66-24(h), must be approved for use by the Chairperson separately and apart from a Technology System intended for use in Taxicabs.
  2. Certification. Any new or renewal application for a Technology System Provider License must be filed on a form approved by the Chairperson. The Applicant must swear (or affirm) that the information in the Application is true, under penalty of perjury.
  3. Proof of Identity. The individual or Business Entity Person submitting the application for a Technology System Provider License must provide to the Commission:

   (1) A valid form of photo identification issued by the United States, a state or territory, or any political subdivision of a state or territory

   (2) A valid social security number

  1. Age. The individual or Business Entity Person applying for a Technology System Provider License or its renewal must be at least 18 years of age.
  2. Fit to Hold a License. The individual or Business Entity Person applying for a Technology System Provider License or its renewal must demonstrate that they are Fit to Hold a License.
  3. Partnership Filings. When the Applicant is a partnership, it must file with its License application a certified copy of the partnership certificate from the clerk of the county where the principal place of business is located. In addition, each partner must satisfy the requirements of identity and age, as specified in subdivisions (d) and (e), above.
  4. Corporate or LLC Filings. When the Applicant is a corporation, it must file with its License application all of the following:

   (1) One of the following certificates:

      (i) A certified copy(ies) of its certificate(s) of incorporation with a filing receipt issued by the secretary of state(s) in which the Applicant is incorporated if the Applicant was incorporated less than one year from the date of the License application

      (ii) A certificate of good standing if the Applicant was incorporated more than one year from the date of the License application

      (iii) A copy of the certificate of incorporation, filing receipt, and authority to do business within the State of New York if the Applicant is an out-of-state corporation

   (2) A list of its officers and shareholders that own at least a 10% share of the company, including names, residence addresses, telephone numbers, and percentage of ownership interest of each such shareholder

   (3) Limited Liability Companies (LLCs). When the Applicant is a limited liability company, it must file with its application all of the following:

      (i) A copy of its articles of organization

      (ii) A list of the members who have at least a 10% ownership stake in the LLC, with the percentages of the Applicant owned by each.

  1. Uniqueness of Name. The Commission has the right to reject the proposed name of any Technology System Provider that the Commission finds to be substantially similar to any name in use by another Technology System Provider Licensee.
  1. Payment of Fines and Fees.

   (1) An Applicant, including an applicant for a renewal License, must pay, and provide proof of payment of, any outstanding fines or fees owed by the Applicant to

      (i) the Commission,

      (ii) NYC Department of Finance,

      (iii) NYC Department of Consumer Affairs,

      (iv) NYS DMV’s Traffic Violations Bureau, and

      (v) any of their successor agencies.

   (2) This requirement includes payment of fines and fees owed as of the date of the application by

      (i) any Business Entity Persons of the Applicant

      (ii) any Business Entity of which the Applicant is a Business Entity Person, and

      (iii) any Business Entity of which a Business Entity Person of Applicant is also a Business Entity Person.

  1. Address. An Applicant must give the Commission the Applicant’s current Mailing Address and Email Address as required by 35 RCNY § 66-13.

§ 66-05 Licensing – Specific Requirements.

(a) Approval for New License. The Commission will not issue a Technology System Provider License to any Applicant unless the Commission approves the Technology System proposed for sale, lease or use by the Applicant. In determining whether to approve the Technology System, the Commission will consider, in its sole discretion, whether the documentation required to be submitted by the Applicant pursuant to 35 RCNY § 66-05(b) below adequately demonstrates that the Technology System complies with all of the requirements set forth in 35 RCNY § 66-24, or as such requirements may be waived or modified by the Commission pursuant to subdivision (g) of this section.
  1. Documentation for Technology System Approval. The Applicant must submit with its License application the following documentation for each Technology System for which Commission approval is sought. All documentation pertaining to an independent third party must be accompanied by a signed authorization from the Applicant authorizing the Commission to contact the independent third party directly and authorizing the independent third party to respond to inquiries from the Commission regarding the Application.

   (1) Documentation, to be renewed and resubmitted to the TLC every twelve (12) months, demonstrating that an independent third party that is a Qualified Security Assessor (“QSA”) company, has performed security testing of the Technology System and related services to determine compliance with the security standards set forth in 35 RCNY § 66-24(i)(1), or as such standards may be waived or modified by the Commission pursuant to subdivision (g) of this section, and the successful results of the security testing;

   (2) Documentation, to be renewed and resubmitted to the TLC every twelve (12) months, demonstrating that an independent third party that is a QSA company has performed security testing of the Technology System and related services to determine compliance with the security standards set forth in 35 RCNY § 66-24(i)(3) and (4), or as such standards may be waived or modified by the Commission pursuant to subdivision (g) of this section, and the successful results of the security testing;

   (3) Documentation, to be renewed and resubmitted to the TLC every twelve (12) months, issued by EMVCo demonstrating that the Technology System is compliant with the security standards set for in 35 RCNY § 66-24(i)(2), or as such standards may be waived or modified by the Commission pursuant to subdivision (g) of this section, and the successful results of the security testing; and

   (4) A detailed system design document, functional system description, and a procedures manual / user guide that describes the features and operations of the Technology System.

   (5) Demonstration Models.

      (i) One working demonstration model of the Technology System integrated with a Taximeter, inclusive of all components required for complete functionality of the Technology System.

      (ii) A second demonstration model installed into a vehicle for demonstration purposes and to allow approval by the Commission of the installation method and location of the Technology System. In its decision to approve the location and installation of the Technology System, the TLC will consider the safety of the Passenger, Passenger ergonomics, the impact of modifications on the proper functioning of the vehicle or other required taxicab equipment, and any comments provided by Technology System Providers and industry, passenger, or safety organizations.

   (6) Technology System Training. Applicants must provide to the personnel of the Commission or its designee, at no cost to the Commission, training sessions on the functionality of the Technology System.

  1. Modification of Technology System. If after the Technology System Provider License is issued pursuant to this Chapter, the Technology System Provider wants to implement a Modification of the Technology System, the Licensee must submit an application for approval of a Modification of the Technology System, including all documentation required by subdivision (b) of this section.
  2. Technology System Approval Upon Renewal. If upon renewal of the Technology System Provider License,

   (1) the Licensee seeks approval of a Modification of the Technology System, the Licensee must meet all of the requirements applicable to a Modification of the Technology System pursuant to subdivision (c) of this section; or

   (2) the Licensee does not seek approval of a Modification of the Technology System and there has been no Modification of the Technology System since the prior Commission approval of the License or prior Commission approval of a Modification of the Technology System, the Licensee must submit to the Commission a certification to that effect and also certify that all prior certifications by independent third parties submitted to the Commission are still valid.

  1. Required Insurance. After submission of an application for a new Technology System Provider License, an Applicant must certify that it maintains, and provide to the Commission proof upon demand, the insurance required in this subdivision. Upon submission of an application to renew a Technology System Provider License, the Licensee must certify that the Licensee maintains the following insurance:

   (1) Workers’ Compensation, Disability Benefits, and Employer’s Liability Insurance. The Applicant must maintain, and ensure that its subcontractor(s) who is/are performing or will perform services in connection with any of the activities licensed under this Chapter maintain, Workers’ Compensation Insurance, Disability Benefits Insurance, and Employer’s Liability Insurance in accordance with the laws of the State of New York on behalf of, or with regard to, all employees performing services to the Applicant in connection with any of the activities licensed under this Chapter. This paragraph does not apply to Taxicab or Street Hail Livery Drivers, or to individuals or business entities employed by any Technology System Provider or its subcontractor(s) who under applicable law are deemed to be independent contractors and not employees.

   (2) Unemployment Insurance. To the extent required by law, the Applicant must provide Unemployment Insurance for its employees.

   (3) Proof of Insurance Upon Request.

      (i) For Workers’ Compensation Insurance, Disability Benefits Insurance, and Employer’s Liability Insurance, the Applicant must possess one of the following:

         (A) C-105.2 Certificate of Workers’ Compensation Insurance;

         (B) U-26.3 – State Insurance Fund Certificate of Workers’ Compensation Insurance;

         (C) Request for WC/DB Exemption (Form CE-200);

         (D) Equivalent or successor forms to any or all of the forms above used by the New York State Workers’ Compensation Board; or

         (E) Other proof of insurance in a form acceptable to the Commission

      (ii) For Disability Benefits Insurance, the Applicant must possess one of the following:

         (A) DB-120.1 Certificate of Insurance Coverage under the NYS Disability Benefits Law;

         (B) Request for WC/DB Exemption (Form CE-200)

         (C) Equivalent of successor forms to any of all of the forms above used by the New York State Workers’ Compensation Board; or

         (D) Other proof of insurance in a form acceptable to the Commission.

   (4) The Applicant must provide the Commission with a copy of any policy required under this subdivision upon demand by the Commission or the New York City Law Department.

   (5) If the Licensee receives notice that any insurance policy required under this subdivision will expire, be cancelled, or terminated for any reason, the Applicant must immediately forward a copy of the notice to the Commission and the New York City Comptroller.

  1. Waivers or Modifications. Except where expressly prohibited by law, the Commission may, in its discretion, waive or modify any requirements for licensing under this Chapter in the interests of public safety and convenience. Requests for waivers or modifications must be submitted in writing to the Commission.
  2. Information Security and Use of Personal Information Policy. The Applicant must submit with its License application an information security and use of personal information policy that includes, at a minimum, the following information:

   (1) a statement of internal access policies relating to passenger and driver Personal Information for employees, contractors, and third parties, if applicable;

   (2) 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;

   (3) 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;

   (4) a statement that any credit, debit, or prepaid card information collected by the Applicant or a credit, debit, or prepaid card services provider is processed by the Applicant or such provider in compliance with applicable payment card industry standards, and

   (5) a statement of the Applicant’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.

§ 66-06 Licensing – Fees and Term of License.

(a) Annual Fee. Every application for a new or renewal Technology System Provider License must be accompanied by a non-refundable application fee of $500 for each License to be issued or renewed for the term as provided in subdivision (e) of this section. If the License term is for less than six months, the fee will be prorated.
  1. Form of Payment. All application fees must be paid by credit card, money order, or certified check.
  2. License Replacement Fee. The fee to replace any lost, damaged or destroyed License is $25.
  3. Late Filing Fee. If the Commission allows a late filing for a renewal application, there will be an additional late filing fee of $25.
  4. Term of License. The term of a Technology System Provider License will be one year or less and each License will expire on October 31st.
  5. When to File for Renewal.

   (1) A renewing Applicant must file a completed application at least sixty (60) days before the expiration date of the License.

   (2) If an application for renewal of a License has been made prior to the expiration date of the License, the Chairperson will extend the effectiveness of the License until review of the renewal application is completed. The effectiveness of the License during this extended period applies even if the application is ultimately denied. If an extended License renewal application is approved, the renewal License expiration date will be based on the original expiration date of the License and not the extended date.

   (3) A renewing Applicant can file a completed application up to 90 days after the expiration date as a “late application,” if the Applicant pays a late fee of $25. When a late application is submitted, the License will remain expired until the application for renewal is approved by the Commission.

   (4) The postmark date is the date of filing for an application that is filed by mail. The date of submission is the date of filing for an application that is filed in person.

  1. Suspended Licenses. If a License is suspended and it is also due to be renewed, the Licensee must apply for renewal as required in subdivision (f) above if the Licensee wants to renew the License. Failure to complete the renewal requirements means that the License cannot be renewed.

§ 66-07 Licensing – Cause for Denial.

(a) Failure to Continuously Comply. Whenever the Commission determines that the Technology System Provider Licensee no longer meets the requirements for the License, the Commission may suspend or revoke the License and deny any application for renewal.
  1. Summary Suspension. Nothing in this section limits the authority of the Commission to summarily suspend any Technology System Provider License when a threat to public health, safety, or welfare exists.
  2. Failure to Complete Application Requirements.

   (1) The Chairperson may deny an application for a new License if the Applicant has not completed all the requirements of an application within ninety (90) days of the date the application is filed.

   (2) The Chairperson may deny an application for a renewal License if the Applicant has not completed all the requirements of an application by the expiration date of the current License.

  1. Additional Consideration of an Application. If a review of the application leads the Chairperson to believe that the Applicant may not be Fit to Hold a License, the Chairperson may seek additional information from the Applicant. This request for additional information may be an in-person interview, telephone call, letter, e-mail, or other method of communication. This additional consideration may result in the denial of the application. Failure to provide any requested information within the time frame requested, or failure to appear at a scheduled interview will result in a denial of the application.

§ 66-08 General Requirements – Unlicensed Activity.

Technology System Provider License Required. An individual or Business Entity must not sell, lease, make available for use, install, maintain, service or repair a Technology System in any Taxicab or Street Hail Livery, or enter into or renew a contract with a Taxicab or Street Hail Livery Licensee for the sale, lease, use, installation, maintenance, service or repair of an System without a Valid Technology System Provider License.

~

§ 66-09 General Requirements – Compliance with Applicable Law.

(a) Licenses and Permits. A Technology System Provider Licensee must obtain licenses and permits required by applicable local, state or federal law.
  1. Occupational Safety and Health Administration. A Technology System Provider Licensee must comply with all applicable Occupational Safety and Health Administration (OSHA) standards and requirements at the Licensee’s place of business, as well as all other federal, state, and local laws governing its business.
  2. Payment of All Fines and Fees. A Technology System Provider Licensee must pay all fines, fees, and taxes it owes to any federal, state, or local governmental jurisdiction when they are due.
  3. Workers’ Compensation Laws. A Technology System Provider Licensee must comply with all laws regarding workers’ compensation and disability benefits, as well as all federal laws regarding the withholding of taxes and payment of FICA and other withholding taxes.

~

§ 66-10 General Requirements – Indemnification.

(a) General Indemnification. A Technology System Provider Licensee must defend, indemnify and hold the City, its officers and employees harmless from any and all third-party claims (even if the allegations of the lawsuit are without merit) or judgments for damages on account of any injuries or death to any person or damage to any property and from costs and expenses (including reasonable attorneys’ fees) to which the City, its officers and employees may be subjected or which it may suffer or incur allegedly arising out of any operations of the Technology System Provider Licensee and/or its employees, agents or subcontractors in connection with any of the activities licensed under this Chapter to the extent resulting from any negligent act of commission or omission, any intentional tortious act, or failure to comply with any of the provisions of this Chapter. Insofar as the facts or law relating to any third-party claim would preclude the City from being completely indemnified by the Technology System Provider Licensee, the City shall be partially indemnified by the Technology System Provider Licensee to the fullest extent permitted by law.
  1. Infringement Indemnification. A Technology System Provider Licensee must defend, indemnify and hold the City harmless from any and all third-party claims (even if the allegations of the lawsuit are without merit) or judgments for damages and from costs and expenses (including reasonable attorneys’ fees) to which the City may be subjected or which it may suffer or incur allegedly arising out of or in connection with any infringement by the Technology System Provider Licensee, its agents or subcontractors of any copyright, trade secrets, trademark or patent rights or any other property or personal right of any third party in the conduct of the licensed activities. Insofar as the facts or law relating to any third-party claim would preclude the City from being completely indemnified by the Technology System Provider Licensee, the City shall be partially indemnified by the Technology System Provider Licensee to the fullest extent permitted by law.
  2. Not Limited by Insurance. The indemnification obligations set forth in this section shall not be limited in any way by the Technology System Provider Licensee’s obligations to obtain and maintain insurance as provided in 35 RCNY § 66-05(e).

~

§ 66-11 General Requirements – Unlawful Activities Prohibited.

(a) A Technology System Provider Licensee must not use or permit any other person to use its business premises or office of record for any unlawful purpose.

~

  1. A Technology System Provider Licensee must not conceal any evidence of a crime connected with its business premises or office of record.

~

  1. A Technology System Provider Licensee must immediately report to the Commission and the police any attempt to use its business premises to commit a crime.

~

  1. A Technology System Provider Licensee must not file with the Commission any statement that it knows or reasonably should know to be false, misleading, deceptive, or materially incomplete.

~

§ 66-12 General Requirements – Notice to TLC.

(a) Material Change in Information. A Technology System Provider Licensee must notify the Commission of any material change in the information contained in its current Technology System Provider License application or renewal.

~

  1. Suspension or Revocation of License. A Technology System Provider Licensee must immediately notify the Commission in writing of any suspension or revocation of any license granted to the Licensee, or any other person acting on its behalf, by any agency of the City or State of New York, or the government of the United States.

~

  1. Security Breach. A Technology System Provider Licensee must inform the Commission if it is required to make disclosures under State or Federal law regarding security breaches, including the New York State Information Security Breach and Notification Act (General Business Law § 899-aa).

~

§ 66-13 Business Requirements – Mailing and Email Address.

(a) Each Technology System Provider must designate and provide to the Commission the