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a. A commuter van service and an owner of a commuter van shall be responsible for compliance with the following provisions and shall be liable for violations thereof:
(1) No commuter van shall be used in the course of operations of a commuter van service unless a commuter van license has been obtained for such vehicle pursuant to section 19-504 of this chapter and such commuter van displays a license identification in the manner prescribed by the commission.
(2) No commuter van shall be used in the course of operations of a commuter van service unless such vehicle (a) is inspected by the state department of transportation as provided under section one hundred forty of the transportation law or any rules or regulations promulgated thereunder or as provided under an agreement between the state department of transportation and the commission entered into pursuant to subparagraph one of paragraph a of subdivision five of section eighty of the transportation law, (b) prominently displays the name of the holder of the authorization and certificate evidencing an inspection, and (c) meets the vehicle safety standards prescribed by rule or regulation of the state commissioner of transportation pursuant to section one hundred forty of the transportation law.
(3) No commuter van shall be used in the course of operations of a commuter van service unless such vehicle is in compliance with the registration requirements of the vehicle and traffic law.
(4) No commuter van shall be used in the course of operations of a commuter van service unless a surety bond or policy of insurance is maintained covering such commuter van conditioned for the payment of all claims and judgments for damages or injuries caused in the operation, maintenance, use or the defective construction of such commuter van in at least the following amounts unless higher amounts are established by rule of the commission:
(a) if the commuter van has a carrying capacity of twelve passengers or less: for personal injury or death to one person, one hundred thousand dollars; for personal injury or death to all persons in one accident, three hundred thousand dollars, with a maximum of one hundred thousand dollars for each person; and for property damage, fifty thousand dollars.
(b) if the commuter van has a carrying capacity of more than twelve passengers and less than twenty-one passengers: for personal injury or death to one person, one hundred thousand dollars; for personal injury or death to all persons in one accident, five hundred thousand dollars, with a maximum of one hundred thousand dollars for each person; and for property damage, fifty thousand dollars.
(c) if the commuter van has a carrying capacity of more than twenty passengers: for personal injury or death to one person, one hundred thousand dollars; for personal injury or death to all persons in one accident, one million dollars, with a maximum of one hundred thousand dollars for each person; and for property damage, fifty thousand dollars.
(5) No commuter van shall be used in the course of operations of a commuter van service unless the driver holds (a) a commercial driver's license which pursuant to the vehicle and traffic law is valid for the operation of such commuter van for the transportation of passengers for-hire and (b) a commuter van driver's license issued pursuant to section 19-505 of this chapter.
(6) No commuter van that utilizes a two-way radio or other communications system shall be used in the course of operations of a commuter van service unless such commuter van service and the owner of such commuter van are in compliance with all regulations of the federal communications commission applicable to such use.
(7) A commuter van service and an owner of a commuter van shall maintain such records as the commission shall prescribe by rule. Such records shall be subject to inspection by authorized officers or employees of the commission during regular business hours.
(8) A commuter van service shall designate each and every driver who operates pursuant to an authorization to operate such commuter van service as agent for service of any and all legal process from the commission which may be issued against such commuter van service. An owner of a commuter van shall designate each and every driver who operates such commuter van as agent for service of any and all legal process from the commission which may be issued against such commuter van owner.
b. A commuter van service shall certify annually in accordance with rules of the commission that such commuter van service is in compliance with title III of the federal Americans with Disabilities Act of 1990 (42 U.S.C. § 12101, et seq.) and any regulations promulgated thereunder, as such act and regulations may be amended.
c. A commuter van service shall comply with such provisions of section five of the federal omnibus transportation testing act of 1991 (49 U.S.C. App. § 2717) and any regulations promulgated thereunder, as that act and regulations may be amended, as are applicable to such commuter van service. A commuter van service shall certify such compliance annually in accordance with rules of the commission.
(Am. L.L. 2017/006, 2/15/2017, eff. 6/15/2017)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/115.
a. An authorization to operate a commuter van service shall be revoked after the holder of such authorization has had an opportunity for a hearing in accordance with procedures to be established by the commission and upon the occurrence of any one or more of the following conditions:
(1) Where each commuter van comprising a number of commuter vans equaling at least thirty percent of the total number of commuter vans operating as part of the same current, valid authorization rounded up to the next whole number, has failed to maintain the required liability insurance at least three times within a twelve month period;
(2) Where each commuter van comprising a number of commuter vans equaling at least thirty percent of the total number of commuter vans operating as part of the same current, valid authorization, rounded up to the next whole number, has operated without complying with any safety inspection requirements arising from any applicable law, rule or regulation at least three times within a twelve month period;
(3) Where a commuter van driver has had his or her license revoked pursuant to subdivision p of section 19-505 of this chapter while operating as part of such authorization and thereafter is found to be operating a commuter van as part of such authorization without a commuter van driver's license required pursuant to section 19-505 of this chapter three times within a six month period; or
(4) Where three or more violations of paragraph five of subdivision a of section 19-504.3 of this chapter occur within a six month period. Provided, however, that such authorization shall be suspended for 15 days where two violations of paragraph five of subdivision a of section 19-504.3 of this chapter occur within a six-month period after the holder of such authorization has had an opportunity for a hearing in accordance with procedures to be established by the commission.
b. Any commuter van license shall be revoked after the holder of such license has had an opportunity for a hearing in accordance with procedures to be established by the commission and after which the holder of such license is found guilty of any of the following:
(1) Failure to maintain the required liability insurance three times within a period of one year;
(2) Operating without complying with any safety inspection requirements arising from any applicable law, rule or regulation three times within a period of one year; or
(3) Two or more violations of subdivision n of section 19-506 within a period of one year.
c. The commission may refuse to renew any authorization to operate a commuter van service or any commuter van license or commuter van driver's license required by this chapter and, after due notice and an opportunity to be heard, may suspend or revoke any such authorization or license upon the occurrence of any one or more of the following conditions:
(1) the holder of an authorization or a license or any of its officers, principals, directors, employees, or stockholders owning more than ten percent of the outstanding stock of the corporation has been found by the commission to have violated any of the provisions of this chapter or any rule promulgated thereunder governing the operation of commuter van services, commuter vans and commuter van drivers; or
(2) the holder of an authorization or a license or any of its officers, principals, directors, employees, or stockholders owning more than ten percent of the outstanding stock of the corporation has made a material false statement or concealed a material fact in connection with the filing of any application or certification pursuant to this chapter or has engaged in any fraud or misrepresentation in connection with rendering transportation service; or
(3) the holder of an authorization or a license or any of its officers, principals, directors, or stockholders owning more than ten percent of the outstanding stock of the corporation has not paid any penalty duly imposed pursuant to the provisions of this chapter or any rule promulgated hereunder; or
(4) the holder of an authorization or a license or any of its officers, principals, directors, or stockholders owning more than ten percent of the outstanding stock of the corporation has been convicted of a crime which, in the judgment of the commission, has a direct relationship to such person's fitness or ability to perform any of the activities for which an authorization or a license is required under this chapter, or has been convicted of any other offense which under the provisions of article twenty-three-a of the correction law, would provide a basis for the commission to refuse to renew, or to suspend or revoke, such authorization or license; or
(5) the holder of an authorization or a license has failed to maintain the conditions of operation applicable to the particular authorization or license as provided in this chapter; or
(6) the holder of an authorization or a license or any of its officers, principals, directors, employees, or stockholders owning more than ten percent of the outstanding stock of the corporation has been found to have violated any of the provisions of section 8-107 of the code concerning unlawful discriminatory practices in public accommodations in the operation of a commuter van service or a commuter van.
d. Notwithstanding the foregoing provisions, the chairperson of the commission may immediately suspend any authorization to operate a commuter van service or commuter van license or commuter van driver's license issued under this chapter without a prior hearing where the chairperson determines that the continued possession of such authorization or license poses a serious danger to the public health, safety or welfare, provided that after such suspension an opportunity for a hearing shall be provided on an expedited basis, within a period not to exceed fourteen days.
e. Where the commission suspends or revokes an authorization to operate a commuter van service pursuant to this section:
(1) any commuter van license which has been issued as part of such authorization shall be deemed suspended or revoked, as the case may be, where the suspension or revocation of the authorization to operate a commuter van service was based, in whole or in part, upon the operation of such commuter van; or
(2) any commuter van license which has been issued as part of such authorization shall continue to be valid in accordance with its terms where the suspension or revocation of the authorization to operate a commuter van service was not based, in whole or in part, upon the operation of such commuter van; provided, however, that such commuter van shall not be operated in the course of operations of such commuter van service unless and until such commuter van operates as part of a current, valid authorization to operate a commuter van service; provided, further that any such commuter van which operates without being part of a current, valid authorization to operate a commuter van service shall be deemed to be operating without a commuter van license and shall be subject to any and all of the penalties that may be imposed under this chapter for the unlicensed operation of commuter vans, including seizure and forfeiture as provided in sections 19-529.2 and 19-529.3 of this chapter.
f. Notwithstanding any other provision of law, any person who has had an authorization to operate a commuter van service revoked by the commission pursuant to this section shall not be permitted to apply for an authorization to operate a commuter van service under this chapter for a period of six months after the date of such revocation.
g. The commission shall notify the holder of an authorization to operate a commuter van service of all violations issued to any driver or vehicle operating pursuant to such authorization.
(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. 1993/115.
a. No person shall drive any motor vehicle for hire which is regulated by the provisions of this chapter without first obtaining from the commission:
(i) a taxicab or universal driver's license, if the vehicle driven is a taxicab; or
(ii) a coach driver's license, if the vehicle driven is a coach; or
(iii) a for-hire vehicle or universal driver's license, if the vehicle driven is a for-hire vehicle; or
(iv) a wheelchair accessible van driver's license, if the vehicle driven is a wheelchair accessible van; or
(v) a commuter van driver's license, if the vehicle driven is a commuter van.
The issuance of a license to a person to drive any one of the aforementioned licensed vehicles shall not entitle such person to drive any other such licensed vehicle without first obtaining the additional appropriate driver's license, except that a person who has obtained a universal driver's license shall be entitled to drive a taxicab and for-hire vehicle without obtaining an additional commission-issued driver's license. The commission shall not issue taxicab driver's licenses or for-hire vehicle driver's licenses. Each taxicab driver's license and for-hire vehicle driver's license issued and in effect, including any such license which is suspended, shall be deemed a universal driver's license. For purposes of this section, a universal driver's license is a license which authorizes a driver to drive taxicabs and for-hire vehicles.
b. Each applicant for a license, other than a commuter van driver's license must:
1. Hold a New York state chauffeur's license.
2. Be nineteen years of age or over.
3. Be of sound physical condition with good eyesight and no epilepsy, vertigo, heart trouble or any other infirmity of body or mind which might render him or her unfit for the safe operation of a licensed vehicle.
4. Be fingerprinted.
5. Be of good moral character.
6. Not be addicted to the use of drugs or intoxicating liquors.
c. Applications for driver's licenses must be filed as directed by the commission, and must be accompanied by the required license fee. Such application shall be on a form provided by the commission and contain such information as the commission deems reasonably necessary.
d. Each applicant for a driver's license under the provisions of this chapter, other than a commuter van driver's license, shall be examined as to such applicant’s physical condition by a duly licensed physician, physician assistant, or nurse practitioner, designated by the commission; each such applicant shall also be examined by the commission as to such applicant’s knowledge of the city, as well as city and state laws governing the idling of engines, and if the result of any of these examinations is unsatisfactory, such applicant shall be refused a license.
e. Each applicant for a driver's license must file with his or her application two recent photos of such applicant of a size which may be easily attached to his or her license, one of which shall be attached to the license when issued and the other filed with the application in the office of the commission.
f. Upon satisfactory fulfillment of the applicable requirements, there shall be issued to the applicant a driver's license which shall be in such form as the commission may direct.
g. Original driver's licenses and renewals thereof shall be valid for a period of not less than one year nor more than three years.
h. The commission may renew a driver's license provided the driver shall have made application on the prescribed form during the period which the commission shall designate, and the commission may require the same standards and tests as are applicable for original applications.
i. The commission may revoke any driver's license for nonuse, in the event it shall determine that the driver has not worked at least twenty-five days as a licensed driver in the calendar year preceding the calendar year in which such determination is made, provided that such failure to work as a licensed driver shall not have been caused by strike, riot, war or other public catastrophe. However, in the event that it is shown to the commission by competent proof that a driver has been disabled through illness, his or her license shall not be revoked because of such nonuse as provided in this subdivision.
j. Fees shall be paid by each applicant for a driver's license, as determined by the commission, but not to exceed the following: For each original one-year license $84.00. For renewal of a one year period $84.00. The fee for an original license or a renewal thereof shall be paid at the time of filing the applications and shall not be refunded in the event of disapproval of the application. An additional fee not exceeding twenty-five dollars shall be paid for each license issued to replace a lost or mutilated license. There shall be an additional fee of twenty-five dollars for late filing of a license renewal application where such late filing is permitted by the commission.
k. Every driver who has obtained a license pursuant to this section shall comply with the rules and regulations promulgated by the commission for drivers of the type of vehicle for which the driver is licensed.
l. The commission may, after a hearing, suspend or revoke any driver's license for failure to comply with any provision of this chapter applicable to licensed drivers or for failure to comply with the commission's rules and regulations.
m. Notwithstanding any other provision of this section, the commission shall not issue a commuter van driver's license to an applicant unless the applicant: (1) has been fingerprinted for the purpose of securing criminal history records from the state division of criminal justice services for which the applicant shall pay any processing fee required by the state division of criminal justice services; (2) satisfies the commission that such applicant is fit and able to drive the commuter van for which the license is sought; (3) possesses a commercial driver's license which pursuant to the vehicle and traffic law is valid for the operation of such commuter van for the transportation of passengers for-hire; (4) has met the qualifications set forth in article nineteen-A of the vehicle and traffic law for the operation of a bus as defined in such article; and (5) has not engaged in any conduct that would be a basis for suspension or revocation of such license pursuant to rules promulgated by the commission.
n. The commission shall approve or disapprove an application for the issuance of a commuter van driver's license within one hundred eighty days after the completed application is filed. The failure to approve or disapprove such application within such time shall be deemed a disapproval of such application.
o. Every commuter van driver's license shall be issued on the condition that the applicant possesses a commercial driver's license and complies with article nineteen-A of the vehicle and traffic law as described in paragraphs three and four of subdivision m of this section during the time that such commuter van driver's license is in effect. Notwithstanding any other provision of law, suspension or revocation of such commercial driver's license pursuant to the vehicle and traffic law or noncompliance with article nineteen-A of the vehicle and traffic law shall render the commuter van driver's license suspended on and after the date of the suspension or revocation of such commercial driver's license or noncompliance with such article nineteen-A and during the period of such suspension revocation or noncompliance, and any person who drives a commuter van that is required to be licensed pursuant to section 19-504 of this chapter during the period of such suspension revocation or noncompliance shall be deemed to be driving a commuter van without a license required by this section.
p. Any commuter van driver's license issued pursuant to this section shall be revoked after the holder of such license has had an opportunity for a hearing in accordance with procedures to be established by the commission and such holder is found to have failed to comply with paragraph two of subdivision a of section 19-529.1 of this chapter three times within a period of six months.
q. Not more than one hundred eighty days following the enactment of this subdivision, the commission shall develop and commence a program to notify drivers of all vehicles licensed by the commission that facilitating sex trafficking with a vehicle is illegal. Such program shall inform such drivers of the specific laws defining and proscribing such facilitation, including the provisions of this section and section 19-507 of this chapter, and of article 230 of the penal law, and shall inform such drivers of the civil and criminal penalties associated with such facilitation, including but not limited to monetary penalties, license revocation and incarceration. Such program shall also provide information to such drivers about the resources available to assist victims of sex trafficking. Such program shall also inform such drivers that they may not refuse fares solely based on the appearance of an individual and that it is unlawful to refuse a fare based upon an individual's actual or perceived sexual orientation or gender, whether or not an individual's gender identity, self-image, appearance, behavior or expression is different from that traditionally associated with the legal sex assigned to an individual at birth, as set forth in chapter one of title eight of this code. Such program may be presented through live instruction, video or an interactive computer course, and shall be updated regularly to reflect changes in law or other relevant circumstances. Completion of such program shall be a requirement for initial licensure and subsequent license renewal for such drivers, except that any driver who has completed such program at least once may subsequently satisfy the requirements of this subdivision, at the discretion of the commission, by reviewing written materials, to be developed by the commission, that contain the information in such program. All drivers licensed by the commission shall be required to certify that they have completed such program or received and reviewed such written materials.
r. Any procedures established by the commission to determine the ability of an applicant for a universal driver's license to speak and understand English shall not include a written examination.
(Am. L.L. 2016/051, 4/21/2016, eff. 8/19/2016; Am. L.L. 2023/165, 12/3/2023, eff. 12/3/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1986/076, L.L. 1988/048, L.L. 1989/050, L.L. 1993/115 and L.L. 2012/036.
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.
a. If the commission is unable to produce a complaining witness in person, where such witness' credibility is relevant to the charges made in the notice of violation, the commission shall make reasonable efforts to make such witness available during the hearing by videoconferencing or teleconferencing. If the complaining witness is not available during a hearing, the commission shall produce a statement outlining its efforts to produce such witness. An administrative law judge shall examine such statement and if he or she decides the commission's efforts to produce the complaining witness were inadequate, the administrative law judge shall dismiss the notice of violation.
b. Hearings where the commission seeks the revocation of a commission issued license for a rule violation that does not provide for the mandatory revocation of such license as a penalty shall be conducted before the office of administrative trials and hearings and shall be subject to the procedures of that tribunal. The commission may authorize other hearings to be conducted before the office of administrative trials and hearings.
c. If a respondent timely files to appeal a decision of the administrative tribunal, any fines imposed by the administrative tribunal shall be stayed until a decision is made in such appeal, provided that the commission shall not be required to refund any fines paid before respondent made his or her appeal unless such appeal is successful. The administrative tribunal shall expedite any appeal involving a suspension or revocation of a commission issued license.
d. If, for the purposes of appealing a decision, a respondent requests a copy of the hearing recording, such recording shall be produced to such respondent within thirty days after receipt of a written request from such respondent. If the commission cannot produce the recording within the thirty day period, the determination being appealed shall be dismissed without prejudice.
e. Notwithstanding any other laws, rules or regulations, where a respondent fails to appear at a scheduled hearing, such respondent shall have two years from the entry of any determination to move to vacate such determination and seek a new hearing. After mailing a notice of default to a respondent, the commission shall prepare a record containing the name of the person who mailed such notice, and the date, time and method used to mail such notice. The commission shall make such record available upon request to such respondent.
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