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a. (1) Any taxicab or for-hire vehicle driver may attend a remedial or refresher course approved by the commission or a motor vehicle accident prevention course approved by the New York state department of motor vehicles. Upon presentation to the commission of proof of satisfactory completion of a commission-approved remedial or refresher course by such driver, three points shall be deducted from the number of points assessed under the persistent violators program against his or her commission-issued driver's license, except as otherwise provided in this paragraph. A taxicab or for-hire vehicle driver shall be eligible for a point reduction pursuant to this paragraph for points assessed by the commission against his or her commission-issued driver's license only once within a five-year period.
(2) Upon presentation to the commission of proof of satisfactory completion of a motor vehicle accident prevention course approved by the New York state department of motor vehicles, three points shall be deducted from the number of points accrued under the persistent violator program for points assessed by the New York state department of motor vehicles or an equivalent licensing agency of the driver's state of residence against the driver's license issued to such taxicab or for-hire vehicle driver by such department or agency, except as otherwise provided in this paragraph. A taxicab or for-hire vehicle driver shall be eligible for a point reduction pursuant to this paragraph for points assessed by the New York state department of motor vehicles or an equivalent licensing agency of the driver's state of residence only once within an eighteen-month period.
(3) In the event no commission-approved remedial or refresher course is available at the time such driver seeks to enroll, completion of a New York state department of motor vehicles-approved course taken pursuant to paragraph two of this subdivision shall result in the removal of three points from the number of points accrued under the persistent violators program, whether such points are assessed against such driver's commission-issued license or such driver's license issued by the New York state department of motor vehicles or an equivalent licensing agency of the driver's state of residence.
(4) Notwithstanding the provisions of paragraphs one, two or three of this subdivision, no point reduction shall affect any suspension or revocation action which may be taken by the commission pursuant to this program prior to the completion of a commission-approved or department of motor vehicles-approved course and no taxicab or for-hire vehicle driver shall receive a point reduction unless attendance at such course is voluntary on the part of the driver.
b. Any taxicab or for-hire vehicle driver who has been found guilty of violations such that a total of six or more points but fewer than ten points have been assessed by the commission against his or her commission-issued driver's license or by the New York state department of motor vehicles or an equivalent licensing agency of the driver's state of residence against the driver's license issued to such taxicab or for-hire vehicle driver by such department or agency within any fifteen-month period and whose license has not been revoked shall have his or her commission-issued driver's license suspended for up to thirty days.
c. Any taxicab or for-hire vehicle driver who has been found guilty of violations such that a total of ten or more points have been assessed by the commission against his or her commission-issued driver's license or by the New York state department of motor vehicles or an equivalent licensing agency of the driver's state of residence against the driver's license issued to such taxicab or for-hire vehicle driver by such department or agency within any fifteen-month period shall have his or her commission-issued driver's license revoked.
d. For the purposes of assessing points against the license of a taxicab or for-hire vehicle driver, where a taxicab or for-hire vehicle driver has been found guilty of multiple violations arising from a single enforcement action by an authorized enforcement agent, such driver shall be deemed guilty of the single violation having the highest point assessment.
e. A taxicab or for-hire vehicle driver shall not be subject to an assessment of points against his or her commission-issued driver's license or the imposition of duplicate penalties where the same act is a violation under provisions of law other than commission rules and where such violations duplicate each other or are substantively the same and any such driver may be issued only one summons or notice of violation for such violation.
f. It shall be an affirmative defense that the act which formed the basis for the violation was beyond the control and influence of the taxicab or for-hire vehicle driver.
g. Any violation issued to a taxicab driver or owner for meter-tampering shall be served on the licensee by personal delivery or by certified and regular mail within five calendar days of its issuance. The licensee shall have an opportunity to request a hearing before the commission or other administrative tribunal of competent jurisdiction within ten calendar days after receipt of any such notification. Upon request such hearing shall be scheduled within ten calendar days. If the tenth day falls on a Saturday, Sunday or holiday, the hearing may be held on the next business day. A decision shall be made with respect to any such proceeding within sixty calendar days after the close of the hearing. In the event such decision is not made within that time period, the license or medallion which is the subject of the proceeding shall be returned by the commission to the licensee and deemed to be in full force and effect until such determination is made. It shall be an affirmative defense to any violation for meter-tampering issued to a taxicab driver or owner that such person (i) did not know of or participate in the alleged meter-tampering and (ii) exercised due diligence to ensure that meter-tampering does not occur.
h. For purposes of subdivision g of this section, examples of an owner's due diligence shall include, but are not limited to (1) giving to their drivers a clear warning that violations of the meter tampering rules will result in the immediate termination of any lease agreement, the reporting to the commission of driver tampering and the commission's probable revocation of the driver's commission-issued driver's license, (2) including in any written lease agreement provisions containing the warnings against violation of meter tampering rules, (3) stamping warnings about the illegality of meter tampering on the trip cards issued to all drivers of an owner's taxicabs, (4) having management personnel or mechanics periodically check for proper odometer and meter mileage comparisons in order to determine if there are inappropriate disparities between the two sets of figures, (5) conducting periodic random inspections of the taxicab meter and its wiring for all of its taxicabs to detect any evidence of violation of the meter tampering rules and (6) having all of such owner's taxicabs inspected by a licensed meter shop once every commission inspection cycle.
i. [Repealed.]
j. [Repealed.]
(Am. L.L. 2016/051, 4/21/2016, eff. 8/19/2016; Am. L.L. 2020/012, 1/10/2020, eff. 3/10/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1999/020 and L.L. 2014/030.
(Am. L.L. 2016/051, 4/21/2016, eff. 8/19/2016; Repealed L.L. 2020/012, 1/10/2020, eff. 3/10/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1999/020.
a. An owner shall maintain on file with the commission a current telephone number serviced by an answering machine or recording device, a pager number, telephone answering service number or other information by which telephone contact with the owner or a designated representative may reasonably be expected to be made at all times. An owner or designated representative must respond to any telephone or pager contact from the commission within forty-eight hours.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1999/020.
a. All taxicabs shall be equipped with meters, and the equipment which shall store or transmit for storage fare data, including, but not limited to, the rate of fare and the times or locations such rate of fares were in effect, pick up and drop-off information and any other data as required by the commission. All data required to be stored or transmitted by such equipment shall be made available to the commission in a form and manner as required by the commission. A licensed driver's fare information, including rate of fare and pickup and drop-off information shall be made available to such driver as required by the commission, at no charge to such drivers. The commission shall prescribe by rule, contract or otherwise, responsibility for compliance with the provisions of this section, and for penalties for non-compliance with such provisions. The commission may permit or require other licensed vehicles to be equipped with the same or different types of meters.
b. The commission may permit or require the installation of radio or other equipment of specified types in licensed vehicles, except that the commission shall require that all wheelchair accessible vans contain two-way radios where the owner employs a dispatcher, a number of portable or fixed seat belts equal to the maximum capacity of the van, safety ties sufficient to secure any wheelchair or wheelchairs which the van may at any given time be transporting and such other special equipment as the commission shall determine is necessary to insure the safe transportation of physically handicapped persons. The commission shall require the use of a specified frequency for any radio used by licensed vehicles, said frequency to be assigned by the federal communications com- mission.
c. 1. For purposes of this section, the term "trouble light" shall mean a help or distress signaling light system consisting of a device or devices as designated by the rules of the commission.
2. Every for-hire vehicle or taxicab placed into operation shall carry a minimum of two spare trouble light devices of a type approved by the commission. In the event that any authorized enforcement agent indicates to a for-hire vehicle or taxicab driver that the vehicle's trouble light is defective, such driver shall have the opportunity to return such defective trouble light to proper working order by replacing it, or by any other corrective action in the presence of such enforcement agent. If the replacement of a trouble light device, or any other corrective action, restores the trouble light to proper working order, no summons or notice of violation may be issued for operating a for-hire vehicle or taxicab with a defective trouble light. In the event that repair of the defective condition is not made in the presence of such enforcement agent and a summons or notice of violation is issued for a defective for-hire vehicle or taxicab trouble light, such summons or notice of violation shall be dismissed by the adjudicatory body before which such summons or notice of violation is heard if: (a) proof that repair of such defect was made within twenty-four hours of the issuance of the summons or notice of violation is provided to the adjudicatory body and (b) the vehicle was not used for hire during the period of time from when the summons or notice of violation was issued to the time the repair was made.
3. Any person found to have violated the provisions of this subdivision shall be liable for a fine of one hundred seventy-five dollars for each such violation and in addition thereto the license for such vehicle shall be suspended until the defective condition is corrected.
(L.L. 2015/019, 3/3/2015, eff. 6/1/2015)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1989/086.
a. It shall be unlawful for any person to engage in the business of manufacturing, selling, repairing and adjusting or calibrating taximeters or taximeter equipment for use upon any licensed vehicle in the city unless he or she shall secure a license therefor from the commission, and such person engaged in the business of installing, repairing, adjusting or calibrating taximeters shall only be licensed if he shall have a place of business within the city large enough simultaneously to accommodate at least three vehicles. Such licenses shall be issued for a period not exceeding one year and shall expire on the thirty-first day of March following the date of issue. The fee for the issuance of each such license shall be five hundred dollars per annum for each place of business licensed provided, however, that upon the issuance of a license for a period of six months or less, the fee shall be one-half the annual fee fixed by the commission.
b. It shall be unlawful for such person to sell or attach to a licensed vehicle for use within the city a taximeter which does not comply with the rules and regulations established by the commission, and the commission may establish such rules and regulations in respect to the taximeter business as may be reasonable to assure adequate protection of the public and enforcement of the provisions and purposes of this chapter and may require such reports and other information as it deems necessary or advisable. Any person who shall install, repair, adjust or calibrate any taximeter shall securely affix to the inside of the glass window thereon, so as to be clearly legible from the outside, a printed poster bearing his or her license number.
c. Fees to be charged by persons licensed pursuant to this section shall be subject to approval of the commission. In determining whether any proposed fee or fee schedules shall be approved, the commission shall take into consideration the nature of the service performed, the costs of the licensee, a reasonable profit to the licensee, fees for similar services charged in other communities, and the welfare of the taxicab and taximeter industries.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/048.
a. The commission shall require licenses for the operation of two-way radio or other communications systems used for dispatching or conveying information to drivers of licensed vehicles, including for-hire vehicles or wheelchair accessible vans and shall require licenses for base stations, upon such terms as it deems advisable and upon payment of reasonable license fees of not more than five hundred dollars a year. There shall be an additional fee of twenty-five dollars for late filing of a license renewal application where such filing is permitted by the commission.
b. The operator of a base station shall provide and utilize lawful off-street facilities for the parking and storage of the licensed for-hire vehicles that are to be dispatched from that base station equal to not less than one parking space for every two such vehicles or fraction thereof. The commission shall establish by rule criteria for off-street parking which shall include, but not be limited to, the maximum permissible distance between the base station and such off-street parking facilities and the proximity of such off-street parking facilities and the proximity of such off-street parking facilities to residences and community facilities as defined in the zoning resolution of the city of New York. A license for a new base station shall only be granted where the applicant has demonstrated to the commission prior to the issuance of such license that off-street parking facilities sufficient to satisfy the requirements of this subdivision shall be provided.
c. Notwithstanding the provisions of subdivision b of this section, a license for a base station which was valid on the effective date of this section shall only be renewed upon the condition that within two years of such renewal the licensee shall provide off-street parking facilities as required by subdivision b of this section.
d. (1) No license for a new base station shall be issued unless the applicant demonstrates to the satisfaction of the commission that the applicant will comply with the off-street parking requirements of subdivision b of this section and the commission finds that the operation of a base station by the applicant at the proposed location would meet such other criteria as may be established by the commission. Among the other factors which must be examined and considered by the commission in making a determination to issue a license are the adequacy of existing mass transit and mass transportation facilities to meet the transportation needs of the public any adverse impact that the proposed operation may have on those existing services and the fitness of the applicant. In determining the fitness of the applicant the commission shall consider, but is not limited to considering, such factors as the ability of the applicant to adequately manage the base station, the applicant's financial stability and whether the applicant operates or previously operated a licensed base station and the manner in which any such base station was operated. The commission shall also consider the extent and quality of service provided by existing lawfully operating for-hire vehicles and taxicabs.
(2) No license for a new base station shall be issued for a period of three years subsequent to a determination in a judicial or administrative proceeding that the applicant or any officer, shareholder, director or partner of the applicant operated a base station that had not been licensed by the commission.
(3) In its review of an application for a license to operate a new base station and in its review of an application to renew a base station license the commission shall also consider the possible adverse effect of such base station on the quality of life in the vicinity of the base station including, but not limited to, traffic congestion, sidewalk congestion and noise. In its review of an application to renew a base station license the commission shall also consider whether a determination has been made after an administrative proceeding that the operator has violated any applicable rule of the commission.
(4) No base station license shall be renewed where it has been determined after an administrative proceeding that the applicant has failed to comply with the off-street parking requirements set forth in subdivision b of this section or as they may have been modified pursuant to subdivision h of this section.
e. A licensed base station shall at all times have no fewer than ten affiliated vehicles, except that a base station for which a license was first issued prior to January 1, 1988 and which at that time had fewer than ten affiliated vehicles or a base station which has an affiliation with a wheelchair accessible vehicle may have as few as five affiliated vehicles, not including black cars and luxury limousines.
f. Prior to the issuance of a license for a base station or the renewal of a valid base station license, the applicant shall provide to the commission a bond in the amount of five thousand dollars with one or more sureties to be approved by the commission. Such bond shall be for the benefit of the city and shall be conditioned upon the licensee complying with the requirement that the licensee dispatch only vehicles which are currently licensed by the commission and which have a current New York city commercial use motor vehicle tax stamp and upon the payment by the licensee of all civil penalties imposed pursuant to any provision of this chapter.
g. Upon receiving an application for the issuance of a license for a new base station or for the renewal of a license for a base station pursuant to this section, the commission shall, within five business days, submit a copy of such application to the council and to the district office of the council member and the community board for the area in which the base station is or would be located.
h. Notwithstanding the provisions of subdivisions b and c of this section, the commission may reduce the number of required off-street parking spaces or may waive such requirement in its entirety where the commission determines that sufficient lawful off-street parking facilities do not exist within the maximum permissible distance from the base station or an applicant demonstrates to the satisfaction of the commission that complying with the off-street parking requirements set forth in such subdivisions would impose an economic hardship upon the applicant; except that the commission shall not reduce or waive the off-street parking requirements where it has been determined in an administrative proceeding that the applicant, or a predecessor in interest, has violated any provision of section 6-03 of the rules of the commission or any successor thereto, as such may from time to time be amended. A determination to waive or reduce the off-street parking requirements shall be made in writing, shall contain a detailed statement of the reasons why such determination was made and shall be made a part of the commission's determination to approve an application for a base station license.
i. The determination by the commission to approve an application for a license to operate a new base station or for the renewal of a license to operate a base station shall be made in writing and shall be accompanied by copies of the data, information and other materials relied upon by the commission in making that determination. Such determination shall be sent to the council and to the district office of the council member within whose district that base station is or would be located within five business days of such determination being made.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1989/050.
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