L.L. 1997/083

Enactment date: 10/29/1997

Int. No. 1038-B

By Council Members Miller, Michels, Duane, Eldridge, Freed, Pagan, Eisland, Leffler, Marshall and Eristoff (in conjunction with the Mayor); also Council Members Albanese, Linares and Stabile

A Local Law to amend the administrative code of the city of New York, in relation to civil penalties for second, third and subsequent violations of the noise control code.

Be it enacted by the Council as follows:

Section one. Legislative Intent and Findings. In 1993 Local Law 115 was enacted which established a licensing and regulatory structure for the operation of commuter van services, the performance of the drivers who drive for such services and the commuter vans used in such operations. This allowed for licensing and enforcement to be performed by City agencies. Previously, the licensing and regulation of commuter van services was within the exclusive jurisdiction of the New York State Department of Transportation.

Local Law 115 contained a provision by which the Council could, at its discretion, review those commuter van service applications which were approved by the Taxi and Limousine Commission and could, by local law, either approve or disapprove those determinations. In the two years since the first commuter van service application became subject to Council review the Council has chosen to review each approval of a commuter van service that was presented to it and, in fact, has approved more determinations than it has disapproved. However, the independent analyses conducted by the Council during its review of these applications has disclosed significant weaknesses in the manner in which the Taxi and Limousine Commission and the New York City Department of Transportation, the agencies charged under Local Law 115 with evaluating those applications, meet that obligation. Moreover, it has become readily apparent that the decisions made by those agencies to authorize the operation of a commuter van service in specific geographic areas have been made without the benefit of any comprehensive study having been made of where in the City commuter vans are needed as a complement to existing mass transit services, not as competitors, the number of vans actually necessary to provide this complementary service, the hours during which complementary service is really needed and concerns related to traffic congestion and physical safety as the number of commuter vans proliferates. Recognition of this deficiency led the Department of City Planning to initiate a Commuter Van Service Policy Study this Spring, whose mission includes identifying areas underserved by existing mass transit and the creation of a Technical Advisory Committee comprised largely of representatives from a number of City, State and Federal agencies. A Final Report is scheduled to be completed by March 31, 1998.

Finally, for many years, even prior to the enactment of Local Law 115, many members of the Council have decried the lack of effective enforcement against those who operate commuter van services without legal authorization and those with legal authorization to operate but who do so in an illegal manner.

For these reasons, it is the strongly held view of the Council that no further applications for authorization to operate or expand the operations of commuter van services should be approved for a period of one year during which period the Final Report of the Department of City Planning should be issued and the Council will have had a reasonable period of time to consider its contents, and/or until the Council has conducted its own study of these issues. During this period the Council will also have a fair and reasonable opportunity to consider regulatory changes which may be appropriate and to undertake any necessary legislative action.

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[Consolidated provisions are not included in this Appendix A]

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§ 4. This local law shall take effect immediately.