a. Regulations and Enforcement. Except as provided by section 19-512.1, the commission may impose reasonable fines and/or suspend or revoke any license issued by the commission where the holder has failed to comply with or has willfully or knowingly violated any of the provisions of this chapter or a rule or regulation of the commission after adjudication of such violation by the administrative tribunal established by the commission in accordance with section 2303 of the New York city charter.
b. 1. Except as provided in paragraph 2 of this subdivision, any person who shall permit another to operate or who shall knowingly operate or offer to operate for hire any vehicle as a taxicab, coach, wheelchair accessible van, commuter van, HAIL vehicle or for-hire vehicle in the city, without first having obtained or knowing that another has obtained a license for such vehicle pursuant to the provisions of section 19-504 of this chapter, shall be guilty of a violation, and upon conviction in the criminal court shall be punished by a fine of not less than one thousand dollars or more than two thousand dollars or imprisonment for not more than sixty days, or both such fine and imprisonment. This paragraph shall apply to the owner of such vehicle and, if different, to the operator of such vehicle.
2. Any person who shall permit another to operate or who shall knowingly operate or offer to operate for hire any vehicle licensed as a taxicab, coach, wheelchair accessible van, HAIL vehicle or for-hire vehicle in the city in a manner that is beyond the scope of the activities permitted by such vehicle's license shall be guilty of a violation, and upon conviction in the criminal court shall be punished by a fine of not less than four hundred dollars nor more than one thousand dollars, or imprisonment for not more than sixty days or both such fine and imprisonment. This paragraph shall apply to the owner of such vehicle and, if different, to the operator of such vehicle.
3. Where a violation of this chapter or any rules promulgated thereunder is committed using a vehicle which is owned by a rental vehicle company and has been rented or leased by such rental vehicle company, it shall be an affirmative defense that the rental vehicle company did not know or have any reason to know that the person to whom it was rented or leased would operate or offer to operate for hire such vehicle as a taxicab, coach, wheelchair accessible van or for-hire vehicle in the city. For purposes of this subdivision, a "rental vehicle company" shall be defined as any person or organization or any subsidiary or affiliate, including a franchisee, in the business of providing rental vehicles to the public.
c. (1) No person shall operate or permit to be operated any vehicle bearing the words "hack," "taxi," "taxicab," "cab," "coach," "for hire vehicle," "livery," "limousine," "commuter van service," "van service," "commuter van," "van" or other designation of similar import unless the vehicle is licensed as a taxicab, coach, for-hire vehicle, or commuter van, as appropriate, and the driver has an appropriate driver's license under this chapter, and in the case of a commuter van service, such person has an authorization to operate a commuter van service nor shall any person advertise or hold himself or herself out as doing business as a taxi, taxicab, hack or coach service unless he or she holds a vehicle license and medallion for each vehicle used therefor, nor shall any person advertise or hold himself or herself out as doing business as a "limousine service," "livery service," a "for-hire vehicle service," or other similar designation unless a for-hire vehicle license is in effect for each vehicle used therefor, nor shall any person advertise or hold himself or herself out as doing business as a "commuter van service," "van service," "commuter van," "van" or other designation of similar import unless such person is authorized to operate a commuter van service and a commuter van license is in effect for each vehicle used therefor as required by this chapter, nor shall any person advertise or hold himself or herself out as doing business as a wheelchair accessible van service or other similar designation unless a wheelchair accessible van license is in effect for each vehicle used therefor.
(2) Any person required to obtain a license under this chapter shall conspicuously state in all print and broadcast advertising, with respect to such licensed activity, the vehicle license number and that the activity is licensed by the commission; provided, however, that as applied to the owner of a for-hire vehicle base station, or wheelchair accessible van base station, such license number shall be the number of the license issued to such base station; provided further, that the requirement of this subdivision respecting the display of vehicle license numbers in print and broadcast advertising shall not apply to any owner of five or more taxicabs. No person who is required to obtain authorization to operate a commuter van service under this chapter shall advertise in print or in a broadcast medium the activity for which authorization is required without conspicuously stating in such advertising the commuter van service authorization number and that the activity is licensed by the commission.
d. Any person, other than a person holding a driver's license issued pursuant to section 19-505 and a New York state class A, B, C or E license, neither of which is revoked or suspended, who drives or operates for hire a licensed vehicle in the city except a commuter van, shall be guilty of a violation, and upon conviction in the criminal court, shall be punished by a fine of not less than five hundred dollars nor more than one thousand dollars or imprisonment for a term not exceeding thirty days, or both such fine and imprisonment.
e. (1) In addition to or as an alternative to the penalties provided for the violation of the provisions of paragraph one of subdivision b or subdivision d of this section, any person who shall violate such provisions shall, for the first violation, be liable for a civil penalty of one thousand five hundred dollars, and for the second violation committed within a thirty six month period, for a civil penalty of two thousand dollars.
(2) As an alternative to the penalties provided for the violation of the provisions of paragraph two of subdivision b or subdivision c of this section, any person who shall violate such provisions shall be liable for a civil penalty of not less than two hundred dollars nor more than one thousand five hundred dollars for each violation.
(3) A proceeding to impose a civil penalty prescribed in paragraphs one or two of this subdivision or in subdivision f of this section shall be commenced by the service of a notice of violation returnable before the commission or an administrative tribunal of the commission. The commission or such tribunal, after a hearing as provided by the rules of the commission or its successor agency, shall have the power to enforce its decisions and orders imposing such civil penalties as if they were money judgments pursuant to subdivision c of section two thousand three hundred three of the charter.
f. As an alternative to the penalties provided for the violation of subdivision c of this section, the commission, after notice and hearing, shall be authorized to impose the civil penalties provided in this subdivision upon any person found to have advertised in print or in a broadcast medium in violation of such subdivision, provided, however, that such civil penalties may be imposed only when such person was not licensed by the commission at the time of such violation. Such penalties shall be levied for each broadcast in violation of such subdivision and shall be not less than one hundred dollars nor more than five hundred fifty dollars for each such broadcast. Such penalties for printed advertisements shall be levied for each publication and shall be determined based on the period of time the publication in which the advertisement appears remains current. The current period shall be determined as that time when a publication is initially offered for sale or distribution until the period when the next dated publication is offered for sale or distribution. In no case shall this period be less than twenty-four hours. If the current period is: daily, such penalty shall be not less than one hundred dollars nor more than five hundred dollars per day; weekly, such penalty shall be not less than two hundred fifty dollars nor more than seven hundred fifty dollars; greater than one week and not more than one month, such penalty shall be not less than seven hundred fifty dollars nor more than one thousand dollars; and greater than one month, such penalty shall be not less than one thousand dollars nor more than two thousand dollars.
g. The commission shall undertake a public awareness campaign advising the public to patronize only licensed taxicabs and for-hire vehicles and, when selecting a taxicab or for-hire vehicle from an advertisement, to look for the commission license number in any such advertisement.
h. (1) Any officer or employee of the commission designated by the chairperson of the commission and any police officer may seize any vehicle which he or she has probable cause to believe is operated or offered to be operated without a vehicle license in violation of paragraph one of subdivision b of this section or without an appropriate vehicle license for such operation in violation of paragraph two of subdivision b or of subdivision c or subdivision k of this section. Therefore, either the commission or an administrative tribunal of the commission at a proceeding commenced in accordance with subdivision e of this section, or the criminal court, as provided in this section, shall determine whether a vehicle seized pursuant to this subdivision was operated or offered to be operated in violation of any such subdivision. The commission shall have the power to promulgate regulations concerning the seizure and release of vehicles and may provide in such regulations for reasonable fees for the removal and storage of such vehicles. Unless the charge of violating subdivision b, c or k of this section is dismissed, no vehicle seized pursuant to this subdivision shall be released until all fees for removal and storage and the applicable fine or civil penalty have been paid or a bond has been posted in a form and amount satisfactory to the commission, except as is otherwise provided for vehicles subject to forfeiture pursuant to paragraph two of this subdivision.
(2) In addition to any other penalties provided in this section, if the owner is convicted in the criminal court of, or found liable in accordance with subdivision e of this section for, a violation of paragraphs one or two of subdivision b or of subdivision c or subdivision k of this section two or more times, and all of such violations were committed on or after the effective date of this section and within a thirty-six month period, the interest of such owner in any vehicle used in the commission of any such second or subsequent violation shall be subject to forfeiture upon notice and judicial determination. Notice of the institution of the forfeiture proceeding shall be in accordance with the provisions of the civil practice law and rules. The penalties provided for in this paragraph shall also apply to any owner who has been convicted of or found liable for one violation of paragraphs one or two of subdivision b or of subdivision c or subdivision k of this section at the time the local law that added this paragraph was enacted and who commits another violation within thirty-six months of the first violation.
(3) Except as hereinafter provided, the city agency having custody of a vehicle after judicial determination of forfeiture, shall, no sooner than thirty days after such determination and upon a notice of at least five days, sell such forfeited vehicle at public sale. Any person, other than an owner whose interest is forfeited pursuant to this section, who establishes a right of ownership in a vehicle, including a part ownership or security interest, shall be entitled to delivery of the vehicle if such person;
(A) redeems the ownership interest which was subject to forfeiture by payment to the city of the value thereof;
(B) pays the reasonable expenses of the safekeeping of the vehicle between the time of seizure and such redemption; and
(C) either (i) asserts a claim in the forfeiture proceeding, or (ii) submits a claim in writing to the commission within thirty days after judicial determination of forfeiture.
(4) Notwithstanding the provisions of paragraph three of this subdivision, establishment of a right of ownership shall not entitle a person to delivery of a vehicle if the city establishes in the forfeiture proceeding or in a separate administrative adjudication of a claim asserted pursuant to subparagraph (C) of paragraph three of this subdivision that the violations of subdivision b, c or k of this section upon which the forfeiture is predicated were expressly or impliedly permitted by such person. The commission or successor agency shall promulgate rules and regulations setting forth the procedure for such an administrative adjudication, which shall include provision for a hearing.
(5) For purposes of this subdivision, the term "owner" shall mean an owner as defined in section one hundred twenty-eight and in subdivision three of section three hundred eighty-eight of the vehicle and traffic law.
i. (1) Notwithstanding any inconsistent provision of this chapter, any person who violates any provision of this chapter or any rule promulgated hereunder applicable to commuter van services, commuter vans or drivers of commuter vans shall be subject to a civil penalty in an amount to be prescribed by the commission by rule for specific violations which amount shall be one thousand dollars for a first violation and twenty-five hundred dollars for a second and subsequent violation committed within two years of a first violation. Where such violation involves the operation of a commuter van service without the authorization required by this chapter, the operation of a commuter van without the license required by this chapter or the operation of a commuter van that is not pursuant to a current, valid authorization to operate a commuter van service, such person shall be liable for a civil penalty of not less than one thousand dollars and not more than three thousand dollars, and for a subsequent violation committed within two years of the first violation, such person shall be liable for a civil penalty of not less than two thousand dollars and not more than four thousand dollars.
(2) A proceeding to impose such civil penalty shall be commenced by the service of a notice of violation returnable before the commission or an administrative tribunal of the commission. Such civil penalties shall be imposed after a hearing in accordance with the rules of the commission.
(3) Except as otherwise provided in paragraph four of this subdivision, civil penalties imposed by the commission or such tribunal may be recovered by the corporation counsel in a civil action in any court of competent jurisdiction.
(4) Decisions and orders of the commission or such tribunal imposing civil penalties for violations relating to, the operation of commuter van service without authorization and the operation of unlicensed commuter vans and unlicensed drivers of commuter vans may be entered and enforced as if they were money judgments of a court pursuant to subdivision c of section two thousand three hundred three of the charter.
(5) Notices of violation which are returnable to the commission or such tribunal may be served by any officers or employees designated by the commission, any police officer or any authorized officers or employees of the department of transportation or the New York city transit authority.
j. Where the commission or administrative tribunal thereof finds an owner liable for operating a vehicle as a commuter van without an authorization to operate a commuter van service or without a commuter van license, the commission shall notify the New York state commissioner of motor vehicles pursuant to subparagraph four of paragraph a of subdivision five of section eighty of the New York state transportation law of such finding. Upon such notification, the commissioner of motor vehicles, pursuant to such subparagraph four, shall thereupon suspend the registration of such vehicle and shall deny any application for the registration of such vehicle or any application for the renewal thereof pursuant to subdivision five-a of section four hundred one of the vehicle and traffic law until such time as the commission may give notice that the violation has been corrected to its satisfaction. Operation of any motor vehicle for which the registration has been suspended as herein provided shall constitute a class A misdemeanor. The commission shall also notify the department of finance where it finds an owner liable for operating a vehicle as a commuter van without an authorization to operate a commuter van service or without a commuter van license.
k. No driver of any vehicle with a valid HAIL license shall accept a passenger by street hail within the city of New York from a location where street hails by such vehicles are not permitted.
(i) A violation of this subdivision shall be punishable by a fine of five hundred dollars for the first violation. A violation of this subdivision shall be punishable by a fine of seven hundred fifty dollars when a driver has been convicted of a violation of this subdivision within the immediately preceding twenty-four months. A violation of this subdivision shall result in revocation of the driver's license issued pursuant to paragraphs (i) and (iii) of subdivision a of section 19-505 of this chapter when such violation is committed by a driver who has previously been convicted of two violations of this section within the immediately preceding one hundred twenty months.
(ii) A finding that a driver has committed a violation of this subdivision shall be evidence that the owner or operator holding the HAIL license with respect to the vehicle in which such violation was committed failed to make a reasonable good faith effort to deter the commission of such violation. A driver's third conviction of this subdivision within one hundred twenty months shall result in revocation of a HAIL license if each such violation occurred in a vehicle subject to a HAIL license held by such owner or operator of one or more of such HAIL licenses. The New York city taxi and limousine commission or successor agency shall advise such owner or operator holding the HAIL license of his or her potential liability pursuant to this section upon a finding that a violation of paragraph (i) of this subdivision was committed in a vehicle with a valid HAIL license.
l. A person is guilty of unlawful fleeing a New York city taxi and limousine enforcement officer or police officer when, knowing that he or she has been directed to remain stopped by a New York city taxi and limousine enforcement officer or police officer, the driver of a vehicle operating pursuant to a HAIL license who is stopped in a zone where he or she is not permitted to pick up street hails thereafter attempts to flee such officer by setting the vehicle in motion and either travels over three hundred feet without stopping or engages in conduct constituting reckless driving as defined in section twelve hundred twelve of the vehicle and traffic law. Unlawful fleeing a New York city taxi and limousine enforcement officer or police officer is a misdemeanor punishable by a fine of not less than seven hundred fifty dollars nor more than one thousand dollars, or by imprisonment of not more than ninety days or by both such fine and imprisonment. Notwithstanding any contrary provision of law, any charge alleging a violation of this subdivision shall be returnable before a court having jurisdiction over misdemeanors.
m. On or before February 1, 2013 and on a quarterly basis thereafter, the commission shall post on its website and provide to the council a report for the prior quarter that includes, at a minimum, the following information, subject to the manner that such data is available: (i) the number of criminal actions commenced pursuant to paragraph one of subdivision b of this section; (ii) the number of criminal actions commenced pursuant to paragraph two of subdivision b of this section; (iii) the number of civil actions commenced pursuant to paragraph one of subdivision e of this section; (iv) the number of civil actions commenced pursuant to paragraph two of subdivision e of this section; and (v) the number of vehicles seized pursuant to paragraph one of subdivision h of this section, disaggregated by whether such vehicle was seized for a violation of paragraph one or two of subdivision b of this section. Such report shall also be disaggregated by borough and precinct.
n. A person who holds a commuter van license must not allow such commuter van to be operated by a driver who does not hold a commuter van driver's license issued pursuant to section 19-505. A violation of this subdivision shall result in a civil penalty of $500 and suspension of the commuter van license until the person who holds such license submits an affirmation to the commission affirming that the vehicle which gave rise to such violation will only be operated by a driver who holds a commuter van driver's license issued pursuant to section 19-505.
(Am. L.L. 2017/008, 2/15/2017, eff. 5/16/2017; Am. L.L. 2019/041, 2/24/2019, eff. 6/24/2019)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1986/076, L.L. 1989/088, L.L. 1989/090, L.L. 1992/013 and L.L. 1993/115.