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a. A black car base or luxury limousine base, or a dispatch service provider operating on behalf of such a base, shall not quote or charge a fare that is more than the fare listed in the rate schedule filed with the commission.
b. 1. Any website, smartphone application, software program accessed through an electronic device, or similar publicly-available, passenger-facing booking tool utilized by a black car base or luxury limousine base, or dispatch service provider operating on behalf of such a base, shall allow prospective passengers to request a fare quote prior to booking transportation; provided, however, that this subdivision shall not apply to trips that are the result of line work. For purposes of this section, "line work" means a type of pre-arranged service provided pursuant to a contract with a black car base in which the dispatch and passenger assignment are completed at the point of pick up by an employee or contractor of either the black car base or the contracting party.
2. Any black car base or luxury limousine base, or dispatch service provider operating on behalf of such a base, that utilizes a booking website, smartphone application, software program accessed through an electronic device, or similar publicly-available, passenger-facing booking tool shall issue a one-time notification to any prospective passengers that accesses such booking website, smartphone application, software program accessed through an electronic device, or similar publicly-available, passenger-facing booking tool of their right to a fare quote pursuant to subdivisions b and c of this section through such website, smartphone application, software program accessed through an electronic device, or similar publicly-available, passenger-facing booking tool, or by electronic mail or text message.
c. 1. If a prospective passenger requests a fare quote, a black car base or luxury limousine base, or dispatch service provider operating on behalf of such a base, such base or entity shall ask such passenger to specify a destination and shall provide an accurate fare quote expressed in dollars and cents for the trip before such passenger books transportation. If such passenger agrees to receive such transportation, such base or entity shall not charge such passenger a fare that is more than 120 percent of the price quoted unless such passenger takes any action to alter the estimated route, including, but not limited to, changing the location of the pick-up, destination, number of stops, or the vehicle type requested, or requests a route change requiring the payment of a toll. Such price quote may be expressed in a range in dollars and cents, provided that the fare charged is not more than 120 percent of the highest price included in such range.
2. If a fare quote is expressed in a range, the higher price in such range shall not be more than 150 percent of such lower price and the fare charged shall not be more than 120 of such higher price. Such higher price may be rounded to the nearest whole number; provided, however, that the price charged pursuant to paragraph 1 of subdivision c shall not be based upon a rounded price.
d. Any black car base or luxury limousine base, or dispatch service provider operating on behalf of such a base, that has been found to have violated any provision of this section shall be subject to a civil penalty of not less than $250 nor more than $500 for each offense; provided, however, that if a passenger was charged a fare in violation of paragraph 1 of subdivision c of this section and requests that such base or entity bring the fare into compliance with such paragraph, such base or entity shall not be in violation of such paragraph if such passenger is refunded the amount of the overcharge within 10 business days of such request.
(L.L. 2016/049, 4/21/2016, eff. 8/19/2016)
a. All entities licensed by the commission, or authorized by the commission to provide services regulated by the commission, that collect or maintain passenger personal information or passenger geolocation information shall file with the commission an information security and use of personal information policy. Any policy filed pursuant to this section must include, at a minimum, the following provisions:
(i) a statement of internal access policies relating to passenger and driver personal information for employees, contractors, and third party access, if applicable;
(ii) a statement that, except to the extent necessary to provide credit, debit, and prepaid card services and services for any application that provides for electronic payment, personal information will only be collected and used with such passenger's affirmative express consent and that such personal information will not be used, shared, or disclosed, except for lawful purposes;
(iii) procedures for notifying the commission and affected parties of any breach of the security of the system, pursuant to section 899-aa of the general business law;
(iv) a statement that any credit, debit, or prepaid card information collected by the entity or a credit, debit, or prepaid card services provider is processed by the entity or such provider in compliance with applicable payment card industry standards;
(v) a statement of the entity's policies regarding the use of passenger geolocation information, which must include, at a minimum, a prohibition on the use, monitoring, or disclosure of trip information, including the date, time, pick-up location, drop-off location, and real-time vehicle location and any retained vehicle location records, without such passenger's affirmative express consent; and
(vi) and other provisions related to the protection of passenger or driver information that the commission may require by rule.
b. Any entity that files an information security and use of personal information policy pursuant to subdivision a of this section shall comply with the terms of such policy.
c. Any entity that has been found to have violated subdivisions a or b of this section shall be subject to a civil penalty of $1,000 for each offense.
d. Every recipient of a license obtained pursuant to this chapter who is required to make a notification pursuant to subdivision 2 or 3 of section 899-aa of the general business law shall promptly submit a copy of such notification to the commission. Such notice shall be made without delaying notice to any individual whose private information was, or is reasonably believed to have been, acquired by an unauthorized person.
(L.L. 2016/043, 4/21/2016, eff. 8/19/2016; Am. L.L. 2021/151, 12/11/2021, eff. 4/10/2022)
a. Any for-hire vehicle base, or dispatch service provider operating on behalf of such a base, shall provide a means to allow passengers to provide drivers with a gratuity using the same method of payment passengers use to pay for the fare. If a for-hire vehicle base, or dispatch service provider operating on behalf of such a base, allows passengers to book and pay for a trip through a website, smartphone application, or any other passenger-facing booking tool, such website, smartphone application, or passenger-facing booking tool must provide passengers with preset gratuity options set according to the for-hire vehicle base's discretion, but that include at least one option that is at least 20 percent of the fare, and permit passengers to manually enter another gratuity amount or percentage at the passengers' option. A for-hire vehicle base must remit to the driver the entirety of anything designated as a gratuity collected by such base from the passenger on behalf of the driver.
b. Any for-hire vehicle base, or dispatch service provider operating on behalf of such a base, that has been found to have violated any provision of this section shall be subject to a civil penalty of not less than $250 nor more than $500 for each offense.
(L.L. 2017/135, 8/8/2017, eff. 11/6/2017)
a. It is unlawful for a high-volume for-hire service to operate unless licensed to do so by the commission.
b. A license to operate as a high-volume for-hire service is valid for a period of two years and the biennial fee for such license shall be set by the commission.
c. A license for a high-volume for-hire service may be issued, or renewed, in whole or in part as applicable, by the commission, if the applicant:
1. Submits a business plan that includes:
(a) The number of trips arranged or dispatched through a black car base, a luxury limousine base or a livery base station during the previous calendar year, to the extent trips were arranged or dispatched through such a base or station during the previous calendar year, and an estimate of the number of trips expected to be dispatched through a black car base, a luxury limousine base or a livery base station on a daily basis upon receipt or renewal of the said license and for the two calendar years immediately following the issuance or renewal of the said license;
(b) A projection of the number of for-hire vehicles needed to operate in accordance with the business plan of such high-volume for-hire service, and the average number of trips per vehicle that is anticipated to be provided by such service;
(c) The geographic areas in the city such high-volume for-hire service intends to serve; and
(d) Any other information the commission deems important to consider relating to the issuance or renewal of a license to operate as a high-volume for-hire service;
2. Complies with any requirement established by the commission to assess the impact of the operation of a high-volume for-hire service on the environment, including, but not limited to, providing an analysis of the impact such service has on the following:
(a) traffic congestion;
(b) local transportation, including public transit, private motor vehicles, and other modes of transit; and
(c) noise;
3. (a) Provides a description of all deductions, including any commissions or other charges such high-volume for-hire service proposes to charge either the for-hire vehicle owner or the driver, or both, as applicable, including an estimate of the average gross hourly earnings of a driver, based upon actual or anticipated trips and fares, and affirms that, except for charges or deductions required by the rules of the commission, it will not charge or deduct from any for-hire vehicle owner or driver (i) any charge that has not been filed with the commission, (ii) any charge that violates the rules of the commission, regardless of whether such charge has been filed with the commission, and (iii) any automatically recurring payment for the rental, lease or purchase of a for-hire vehicle authorized pursuant to a contract entered into after the effective date of the local law that added this clause, unless such automatically recurring payment is optional and has been elected by the driver; and
(b) Files its rates of fare with the commission; and
4. Provides trip and revenue data that includes:
(a) For each trip dispatched by a black car base, luxury limousine base or livery base station:
(1) the driver license number issued by the commission;
(2) 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;
(3) the location from which each passenger is picked up and subsequently dropped off;
(4) the total number of passengers picked up and dropped off from the location referenced in subparagraph (3);
(5) the date and time such passenger is picked up;
(6) the date and time such passenger is dropped off;
(7) the total trip mileage;
(8) the date and time such trip request was made by a passenger;
(9) 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
(10) the payment that each driver received for each trip or the hourly rate paid;
(b) The total amount of time a vehicle is connected to the electronic platform of a high-volume for-hire service each day;
(c) 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
(d) Other information as required by the commission.
d. The penalty for operating a high-volume for-hire service without a valid license issued by the commission is $10,000 for each day such operation takes place, except that no such penalty shall be imposed upon a high-volume for-hire service while the initial licensing application of such service is pending and until the commission has made a determination pursuant to subdivision c of this section regarding the initial licensing of such service and communicated such determination in writing to the applicant.
(L.L. 2018/149, 8/14/2018, eff. 12/12/2018 and 2/10/2019; Am. L.L. 2018/221, 12/15/2018, eff. 12/15/2018)
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)
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