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a. Definitions. For purposes of this section, the term "trip" means a transportation service that involves picking up a passenger at a location, and taking and depositing such passenger at a different location requested by such passenger.
b. The commission shall by rule establish a method for determining the minimum payment that must be made to a for-hire vehicle driver for a trip dispatched by a high-volume for-hire service to such driver. In establishing such method, the commission shall, at a minimum, consider the duration and distance of the trip, the expenses of operation to the driver, any applicable vehicle utilization standard, rates of fare and the adequacy of for-hire vehicle driver income considered in relation to for-hire vehicle driver expenses. Such rule promulgated by the commission shall not prevent payments to for-hire vehicle drivers from being calculated on an hourly or weekly basis, or by any other method, provided that the actual payments made to such drivers are no less than the minimum payments determined in accordance with the method established by the commission.
c. The commission shall study payments to for-hire vehicle drivers dispatched by bases other than through high-volume for-hire services for trips dispatched by such bases and may by rule establish a method for determining the minimum payment that must be made to a for-hire vehicle driver for a trip dispatched by any such base.
d. Following completion of the study required by section 19-550, the commission shall determine whether the establishment of minimum rates of fare to be charged by vehicles licensed by the commission would substantially alleviate any of the problems identified in such study. If the commission determines that such minimum rates of fare would have such an effect, the commission is authorized to establish by rule such minimum rates of fare. In setting such minimum rates of fare, the commission may consider the category of vehicle, the type of trip, including trips in which the vehicle is available for the transportation of two or more passengers, the rates of fare for other categories of vehicles carrying passengers for hire, including but not limited to taxicabs, the location of the trip, including trips originating, terminating or passing through the hail exclusionary zone, as defined in section 51-03 of title 35 of the rules of the city of New York, and any other factors the commission determines to be appropriate to achieve their intended result. Such minimum rates of fare shall not include any taxes, fees or surcharges imposed on trips made by vehicles licensed by the commission. The commission shall, on a periodic basis, but not less than once annually, review such minimum rates of fare in order to determine whether any amendment of such minimum rates of fare is warranted or necessary in order for such minimum rates of fare to continue to achieve their intended result. If the commission determines that such an amendment is warranted or necessary, it is hereby authorized, by rule, to promulgate such amendment.
(L.L. 2018/150, 8/14/2018, eff. 8/14/2018)
a. The commission, in conjunction with the department of transportation, shall study (i) income drivers derive from operating vehicles that provide transportation services to passengers, (ii) traffic congestion throughout the city, (iii) the extent to which various categories of vehicles for hire contribute to such congestion, (iv) traffic safety, (v) vehicle utilization rates, (vi) access to services in different geographic areas of the city for one or more categories of vehicles for hire, (vii) the number of hours that drivers have made themselves available to accept dispatches from a base or from a high-volume for-hire service by day or week, (viii) driver income and well-being, and (ix) such other topics as the commission and the department of transportation deem appropriate. The study shall be conducted during the 12 months following the effective date of the local law that added this section.
b. Based on the results of the study conducted pursuant to subdivision a of this section, the commission:
1. may establish vehicle utilization standards for the operation of vehicles dispatched by high-volume for-hire services in the city and, if such standards are established, shall review such standards on a periodic basis, but not less than once annually, and based on such review may revise such standards for the operation of such vehicles; and
2. shall review the number of for-hire vehicle licenses on a periodic basis, but not less than once annually, and based on such review may regulate the number of for-hire vehicle licenses issued pursuant to section 19-504.
c. The commission may vary the vehicle utilization standards established, and the number of licenses issued, pursuant to subdivision b of this section, by geographic area of the city, time of day, day of the week, whether a vehicle is a wheelchair accessible vehicle or a low- or zero-emission vehicle and by such other factors as the commission deems appropriate to address traffic congestion, shared rides, traffic safety, vehicle emissions, for-hire vehicle ridership, the income drivers derive from providing transportation services to passengers and the availability of for-hire vehicle services in different geographic areas of the city.
d. For each trip a high-volume for-hire service offers or otherwise facilitates through one or more black car base, luxury limousine base or livery base station, the commission may require the following data be provided:
1. For each trip dispatched by such base or base station:
(a) the driver license number issued by the commission;
(b) the license number, issued by the commission, of the vehicle that fulfilled the trip request and the base or base station with which such vehicle is affiliated;
(c) the location from which each passenger is picked up and subsequently dropped off;
(d) the total number of passengers picked up and dropped off from the location referenced in subparagraph (c);
(e) the date and time such passenger is picked up;
(f) the date and time such passenger is dropped off;
(g) the total trip mileage;
(h) the date and time such trip request was made by a passenger;
(i) the itemized fare for each trip including the amount of the fare, any toll, surcharge, commission rate, other deduction and any gratuity and a breakdown of the amount such passenger paid for the trip; and
(j) the payment that each driver received for each trip or the hourly rate paid;
2. The total amount of time a vehicle is connected to the electronic platform of a high-volume for-hire service each day;
3. The amount of time spent each day by each vehicle transporting passengers for hire, as well as the time spent each day by such vehicle on the way to a passenger, and time spent by such vehicle between trips but not on the way to a passenger; and
4. Any additional information required by the commission to conduct the study required by subdivision a or to review:
(a) the vehicle utilization standards authorized to be established by subdivision b of this section; and
(b) the issuance of licenses authorized to be regulated by subdivision b of this section.
e. The commission shall establish penalties to be imposed on a high-volume for-hire service for the failure of such service to meet any vehicle utilization standards established pursuant to this section. Such penalties shall be calculated by multiplying the total number of trips dispatched by such service within a 24-hour period by the following penalty ranges: no less than $0.01 per trip dispatched and no greater than $0.10 per trip dispatched for the first violation of any vehicle utilization standard; no less than $0.50 per trip dispatched and no more than $0.80 per trip dispatched for a second violation within a 24-month period; and no less than $1 per trip dispatched and no greater than $5 per trip dispatched for any subsequent violation within a 24-month period. The establishment of penalties by the commission shall depend on an assessment of factors, which shall include but need not be limited to the extent to which the high-volume for-hire service has failed to meet any vehicle utilization standard established by the commission during the previous 12 months, the scale of the divergence from such standard, and the number of vehicles dispatched by such service in a 24-hour hour period. Such civil penalties shall not affect the authority of the commission to suspend or revoke the license of any high-volume for-hire service or the license of any base or base station.
f. A high-volume for-hire service shall not deduct any payment owed to any driver for a trip dispatched by such service for the payment of any penalties imposed by the commission pursuant to subdivision e of this section. The commission shall establish penalties no less than $500 and no greater than $1,000 for each violation of this subdivision.
g. The commission shall no later than December 31, 2020 and annually thereafter submit to the council and the mayor a report on the effects of vehicle utilization standards and the regulation of the number of licenses issued to for-hire vehicles authorized by subdivision b of this section.
(L.L. 2018/147, 8/14/2018, eff. 8/14/2018)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2018/147.
a. Driver assistance services. The commission, in consultation with the department of consumer and worker protection, the department of small business services and any other agencies designated by the mayor, shall provide services and information to assist drivers, or owners of vehicles, licensed by the commission including but not limited to financial counseling, mental health services and referrals to non-profit organizations or other entities that may provide additional assistance to such drivers or owners. The commission may provide such services and information through the unit that issues licenses, the website of the commission, or such other means as the commission deems appropriate.
b. Financial education for drivers. The commission, in consultation with the department of consumer and worker protection and any other agencies designated by the mayor, shall engage in outreach and education efforts that are intended to inform individuals who are considering whether to enter into purchase, rental, lease or loan agreements for the purpose of obtaining vehicles for use as for-hire vehicles, and individuals who are considering whether to purchase, refinance or lease a taxicab license, about the costs and benefits of entering into such arrangements and transactions. Such outreach and education efforts may include written materials describing the common terms of such arrangements and transactions and identifying resources intended to help an individual understand the terms of such arrangements and transactions. The commission shall make any materials designed for the purposes of conducting such outreach and education available in English and in the six languages most commonly spoken by drivers, as those languages are determined by the commission, and in any other languages the commission determines to be appropriate. The commission shall make such materials available on the commission's website.
(L.L. 2018/218, 12/15/2018, eff. 6/13/2019; L.L. 2018/220, 12/15/2018, eff. 6/13/2019; Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/080.
a. Notwithstanding any inconsistent regulations, provisions of law or provisions of any contract entered into after the effective date of the local law that added this section, if a payment transaction for a completed trip dispatched by a high-volume for-hire service fails, such high-volume for-hire service shall ensure that the driver receives the entire amount owed to such driver for such completed trip.
b. Notwithstanding subdivision a of this section, a high-volume for-hire service may refuse to deposit funds to a driver for rendering services upon a reasonable belief that the driver's account is associated with fraudulent activity.
c. Any high-volume for-hire service that violates this section is liable for a civil penalty of not less than $250 nor more than $500 for each offense.
(L.L. 2018/217, 12/15/2018, eff. 4/14/2019)
a. The commission shall promulgate consumer protection and disclosure rules regarding leasing, rental, lease-to-own, and conditional purchase arrangements to obtain a for-hire vehicle for use with a license issued by the commission. Such rules may differ for different types of financial arrangements and different lengths of time of such arrangements. In promulgating such rules, the commission shall at a minimum consider the following:
1. A requirement that financial arrangements be in writing and signed by the lessor and lessee, with a copy provided to the lessee upon execution and upon lessee request;
2. Requiring that all terms must be written in clear and unambiguous language;
3. A requirement that the terms of the arrangement include:
(a) The beginning and end date of the arrangement;
(b) All costs and fees that may be charged under the arrangement, with costs for additional services such as insurance and licensing clearly indicated; and
(c) An explanation of the conditions that will result in the imposition of any cost or fee;
4. A requirement that if the arrangement includes charges for licensing the vehicle with the commission, the arrangement must provide an itemized explanation of the costs associated with such licensing, to include the amount of any fee imposed by the commission; and
5. Requiring that arrangements provide notice of appropriate mechanisms for reporting complaints regarding overcharges.
b. The commission may deny an application for a license for a vehicle subject to a leasing, rental, lease-to-own or conditional purchase arrangement if such leasing, rental, lease-to-own or conditional purchase arrangement does not comply with the rules of the commission.
c. Requirements imposed by the rules promulgated pursuant to this section shall apply only to leasing, rental, lease-to-own and conditional purchase arrangements executed after the effective date of the local law that added this section.
(L.L. 2019/043, 2/24/2019, eff. 8/23/2019)
a. Definitions. For purposes of this section, the following terms have the following meanings:
Business day. The term "business day" means any calendar day, as such term is defined in section 19 of the general construction law, except Saturday, Sunday or a public holiday, as such term is defined in section 24 of the general construction law.
OATH. The term "OATH" means the office of administrative trials and hearings.
State. The term "state" means the state of New York.
Summons. The term "summons" means a document, including a notice of violation, issued by any agency authorized to issue notices of violation returnable to the tribunal that specifies the charges forming the basis of an adjudicatory proceeding before the tribunal.
Tribunal. The term "tribunal" means the OATH hearings division.
b. The tribunal shall dismiss a violation issued to a driver or an owner of a vehicle for failing to personally inspect and reasonably determine the good working order of the lights of such vehicle pursuant to subdivision b of section 80-22 of title 35 of the rules of the city of New York or any successor provision when: (i) such driver or owner corrects such violation not later than one-half hour after sunset on the first full business day after the date of the violation as specified on the summons, (ii) such driver or owner provides to the commission, on or before the return date of such summons, a copy of such summons, any of the forms of proof of such correction listed in subdivision c of this section and an affirmation under penalty of perjury that such correction was made and (iii) the commission, upon inspection of such proof of correction, determines that such driver or owner corrected the violation and recommends that the tribunal dismiss the violation. Should the commission not recommend dismissal of such violation, such driver or owner may provide any of the forms of proof of correction described in subdivision c of this section at a hearing of the tribunal.
c. The following constitute proof of correction pursuant to subdivision b of this section:
1. A statement of correction from an official inspection station licensed pursuant to section 303 of the vehicle and traffic law, duly executed by the person who made such correction and bearing the facility number of the official inspection station;
2. A statement of correction from an automobile repair shop on its letterhead, duly executed by the person who made such correction;
3. A statement of correction from a person administering a fleet, as such term is defined in section 51-03 of title 35 of the rules of the city of New York or any successor provision, duly executed by the person who made such correction and countersigned by the fleet maintenance supervisor;
4. A signed statement of any police officer that the necessary correction has been made; or
5. Evidence acceptable to the commission from any person that such person made the correction together with proof of purchase of any equipment needed to make such correction.
(L.L. 2020/033, 2/23/2020, eff. 8/21/2020)
a. The commission shall establish an office of financial stability. Such office shall monitor and evaluate the financial stability of the taxicab industry. In conducting such monitoring and evaluation, the office shall consider, at a minimum:
1. The long- and short-term financial stability of the market for taxicab licenses;
2. The method for calculating the minimum bid price for taxicab licenses for any license auction planned for the following year;
3. Potential market manipulation, speculation, or collusion by any participant in a taxicab license auction or transfer or any other business licensed by the commission relating to taxicabs, including, but not limited to brokers and agents;
4. The number of bankruptcy proceedings involving taxicab licensees;
5. Common terms and conditions of loans used to finance a taxicab license purchase or transfer, including the number of loans that did not require a down payment, utilized interest-only payments, or included a confession of judgment;
6. The annual financial disclosures from each person who has any interest in any taxicab license; and
7. Income and expenses associated with operating a taxicab.
b. Beginning November 1, 2021 and no later than every November 1 thereafter, the office shall submit to the speaker of the council and the mayor and post on the commission's website, a report including, but not limited to, details of the office's activities pursuant to subdivision a of this section conducted during the prior calendar year, an assessment of the financial stability of the taxicab industry, and any recommendations regarding the financial stability of the taxicab industry.
c. The office shall also transmit the report required by subdivision b to the department of investigation. The department of investigation shall consider such report and determine whether to conduct additional investigation of any issue reported by the office.
(L.L. 2020/111, 11/15/2020, eff. 3/15/2021)
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