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a. No commuter van service and no person who owns, operates or drives a commuter van shall solicit, pick up or discharge passengers, or permit or authorize the solicitation, pick up or discharge of passengers:
(1) outside of the geographical area set forth in the authorization to operate a commuter van service issued pursuant to section 19-504.2 of this chapter; or
(2) at stops of, or along a route which is traveled upon by a bus line which is operated by the New York city transit authority or the city or a private bus company which has been granted a franchise by the city. The prohibition contained in this paragraph shall not apply to the pick up or discharge of passengers in the borough of Manhattan south of Chambers Street by commuter van services who on July first, nineteen hundred ninety-two had authority from the state department of transportation to pick up or discharge passengers along bus routes in such area, provided that the scope of operations by such commuter van services along bus routes in such area shall not exceed the scope of such operations prior to July first, nineteen hundred ninety-two.
b. Where a violation of subdivision a of this section has been committed by a driver of a commuter van, the commuter van service and the owner of such vehicle shall also be liable for a violation of subdivision a of this section.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/115.
a. A police officer or agent of the commission may, upon service of a notice of violation upon the owner or operator of a commuter van, seize a vehicle which such police officer or agent of the commission has reasonable cause to believe is being operated as a commuter van service by or on behalf of a person who is not operating pursuant to a current, valid authorization or operating as a commuter van without a commuter van license as required by this chapter. All passengers in any seized vehicle shall be left in or transported to a location which is readily accessible to other means of public transportation. Any vehicle seized pursuant to this section shall be delivered into the custody of the city.
b. Within one business day after the seizure of a vehicle pursuant to this section, notice of such seizure and a copy of the notice of violation shall be mailed to the owner of such vehicle at the address for such owner set forth in the records maintained by the New York state department of motor vehicles, or, for vehicles not registered in New York state, such equivalent record in such state of registration.
c. A hearing to adjudicate the violation underlying the seizure shall be held before the commission or an administrative tribunal thereof within five business days after the date of the seizure. The commission or an administrative tribunal thereof shall, within one business day of the conclusion of the hearing, render a determination as to whether the vehicle has been operated by or on behalf of a person who is not the holder of a current, valid authorization or has been operated without a commuter van vehicle license required by this chapter.
d. An owner shall be eligible to obtain release of the vehicle prior to such hearing if such owner has not previously been found liable in an administrative or judicial proceeding for operating a vehicle as a commuter van service without a current, valid authorization or operating a commuter van without a commuter van license as required by this chapter, which violation was committed within a five year period prior to the violation resulting in the seizure. The vehicle shall be released to an eligible owner upon the posting of a bond in a form satisfactory to the commission in an amount that shall not exceed the maximum civil penalties which may be imposed for the violation underlying the seizure and all reasonable costs for removal and storage of such vehicle.
e. Where the commission or an administrative tribunal thereof, after adjudication of the violation underlying the seizure, shall find that the vehicle has been operated as a commuter van by or on behalf of a person who is not the holder of a current, valid authorization or operated as a commuter van without a commuter van license:
(1) if the vehicle is not subject to forfeiture pursuant to section 19-529.3 of this chapter, the commission shall release such vehicle to an owner upon payment of the applicable civil penalties and all reasonable removal and storage costs; or
(2) if the vehicle is subject to forfeiture pursuant to section 19-529.3 of this chapter, the commission may release such vehicle to an owner upon payment of the applicable civil penalties and all reasonable removal and storage costs, or may commence a forfeiture action pursuant to section 19-529.3 of this chapter within ten days after the owner's written demand for such vehicle.
f. Where the commission or an administrative tribunal thereof, after adjudication of the violation underlying the seizure, finds that the charge of operating without an authorization or commuter van license has not been sustained, the vehicle shall be released to the owner. If an owner or representative of such owner has not sought to reclaim a seized vehicle within thirty days after mailing of notice of such owner of the final adjudication by the commission or such administrative tribunal of the violation underlying the seizure, such vehicle shall be deemed by the commission to be abandoned. Such vehicle shall be disposed of by the city pursuant to section twelve hundred twenty-four of the vehicle and traffic law; provided, however, that notwithstanding any inconsistent provision of section twelve hundred twenty-four of such law, if an owner seeks to reclaim such vehicle pursuant to section twelve hundred twenty-four of such law, such owner shall be deemed to have made a written demand for such vehicle and the commission shall take such action as may be authorized by subdivision e or f of this section.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/115.
a. In addition to the penalties, sanctions and remedies provided in this chapter or subdivisions six and seven of section one hundred forty-five of the transportation law, a vehicle seized pursuant to section 19-529.2 of this chapter, and all rights, title and interest therein, shall be subject to forfeiture to the city in accordance with the provisions of this section upon judicial determination thereof, if the owner of such vehicle has been found liable at least two times in an administrative or court proceeding for operating a commuter van or other such common carrier by or on behalf of a person who is not the holder of a current, valid authorization or operating a commuter van without a commuter van license as required by this chapter, both of which violations were committed within a five-year period.
b. A forfeiture action which is commenced pursuant to this section shall be commenced by filing of a summons with notice or a summons and complaint pursuant to the New York civil practice law and rules, and such summons with notice or summons and complaint shall be served pursuant to subdivision c of this section. A vehicle which is the subject of such an action shall remain in the custody of the city pending the final determination of the forfeiture action.
c. Service of a summons with notice or a summons and complaint shall be made:
(1) by personal service pursuant to the New York civil practice law and rules upon all owners of the vehicle listed in the records maintained by the New York state department of motor vehicles, or for vehicles not registered in New York state, in the records maintained by the state of registration;
(2) by first class mail upon all individuals who have notified the commission or an administrative tribunal thereof that they are an owner of the vehicle; and
(3) by first class mail upon all persons holding a security interest in such vehicle which security interest has been filed with the New York state department of motor vehicles pursuant to the provisions of title ten of the New York state vehicle and traffic law, at the address set forth in the records of the New York state department of motor vehicles, or, for vehicles not registered in New York state, all persons holding a security interest in such vehicle which security interest has been filed with such state of registration at the address provided by such state of registration.
d. Any owner who receives notice of the institution of a forfeiture action who claims an interest in the vehicle subject to forfeiture shall assert a claim for the recovery of the vehicle or satisfaction of the owner's interest in such vehicle by intervening in the forfeiture action in accordance with the New York civil practice law and rules. Any person with a security interest in such vehicle who receives notice of the institution of the forfeiture action who claims an interest in such vehicle subject to forfeiture shall assert a claim for satisfaction of such person's security interest in such vehicle by intervening in the forfeiture action in accordance with the New York civil practice law and rules.
e. No vehicle shall be forfeited pursuant to this section, to the extent of the interest of a person who claims an interest in the vehicle, if such person shall plead and prove as an affirmative defense that:
(1) the use of the vehicle for the conduct that was the basis for the seizure occurred without the knowledge of such person, or, if such person had knowledge of such use, without the consent of such person, and that such person did not knowingly obtain such interest in the vehicle in order to avoid the forfeiture of such vehicle; or
(2) the conduct that was the basis for the seizure was committed by any person other than such person claiming an interest in the vehicle, while such vehicle was unlawfully in the possession of a person who acquired possession thereof in violation of the criminal laws of the United States or any state.
f. For purposes of subdivision e of this section, if such person claiming an interest in the vehicle had knowledge of the use of the vehicle for the conduct that was the basis for such seizure, such person shall be deemed to have consented to the unlawful conduct unless such person establishes that he or she did all that could reasonably have been done to prevent the use of the vehicle for such unlawful conduct.
g. The city, after judicial determination of forfeiture, shall, at its discretion, either:
(1) retain such vehicle for the official use of the city; or
(2) by public notice of at least twenty days, sell such forfeited vehicle at public sale. The net proceeds of any such sale shall be paid into the general fund of the city.
h. At any time within six months after the forfeiture, any person claiming an interest in a vehicle which has been forfeited pursuant to this section who was not sent notice of the commencement of the forfeiture action pursuant to subdivision b or c of this section or who did not otherwise receive actual notice of the forfeiture action may assert, in an action commenced before the justice of the supreme court before whom the forfeiture action was held, such claim as could have been asserted in such forfeiture action pursuant to this section. The court may grant the relief sought upon such terms and conditions as it deems reasonable and just if such person claiming an interest in the vehicle establishes that he or she was not sent notice of the commencement of the forfeiture action and was without actual knowledge of the forfeiture action and establishes either of the affirmative defenses set forth in subdivision e of this section.
i. In any action commenced pursuant to subdivision b or h of this section, where the court awards a sum of money to one or more persons in satisfaction of such person's or persons' interest or interests in the forfeited vehicle, the total amount awarded to satisfy such interest or interests shall not exceed the amount of the net proceeds of the sale of the forfeited vehicle, after deduction of the lawful expenses incurred by the city, including the reasonable costs of removal and storage of the vehicle between the time of seizure and the date of sale.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/115.
a. Commuter vans shall have the name of the vehicle owner, the name of the person holding the authorization pursuant to which such vehicle is operating and evidence of such authorization displayed on the outside and inside of the vehicle in such form as shall be prescribed by the commission.
b. Commuter vans shall display a sticker on at least the front, back and sides of such vehicles containing a unique emblem in such form as shall be prescribed by the commission. The commission shall issue such stickers to the commuter van owner upon the issuance of a commuter van license and such sticker shall:
(1) be large enough to be easily seen by law enforcement officers and members of the public;
(2) include information uniquely identifying the van, which may include make and model, color(s) of such van, license plate number or information about the commuter van license and the term of such license;
(3) be hard to replicate, with security features such as holograms or other security features as prescribed by the commission; and
(4) include any other information or features as prescribed by the com- mission.
c. Commuter vans may be painted any color approved by the commission, other than the colors reserved for medallion taxis.
d. All commuter vans shall at all times carry inside the vehicle and the operator shall produce upon demand of any officer or employee 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:
1. the commuter van license;
2. the driver's commuter van driver's license;
3. the authorization to operate a commuter van service, or copy thereof reproduced in accordance with the specifications set forth in rules of the commission; and
4. the vehicle registration and evidence of current liability insurance.
(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.
The provisions of this chapter authorizing penalties, sanctions and remedies shall not be construed to supersede the provisions of subdivisions six and seven of section one hundred forty-five of the transportation law but shall be construed to provide penalties, sanctions and remedies in addition to those provided in such subdivisions.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/115.
The provisions of this chapter shall not apply to the operations by a commuter van service of commuter vans to or from an airport in the city when such commuter van service or commuter vans have been issued a permit by the port authority of New York and New Jersey to operate at an airport in the city or apply for such permit and within a reasonable period of time are issued such permit by such authority.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/115.
Not later than July 1, 2017 and not later than every July 1 thereafter, commission shall submit to the mayor and the speaker of the council and publish on its website a report on safety in the commuter van industry. Such report shall include, but not be limited to, the following information from the previous calendar year:
1. the number of safety-related violations issued by the commission committed by those operating a commission-licensed commuter van or an unlicensed commuter van;
2. the total number of collisions involving a commission-licensed commuter van, and to the extent known to the commission, such collisions involving an unlicensed commuter van, disaggregated by those resulting in a fatality, critical injury, or injury of any severity;
3. the number of commuter vans, commuter van drivers, and commuter van services licensed or authorized by the commission;
4. the number of unlicensed commuter vans operating, to the extent known to the commission or estimated;
5. the commission's efforts to ensure commuter vans do not operate on bus routes, including, but not limited to, current enforcement efforts and future plans regarding such efforts;
6. the number of commuter vans seized by the commission;
7. the 20 most utilized commuter van corridors;
8. available commuter van ridership, including information on whether commuter vans are being utilized to connect to other mass transit, to the extent known to the commission;
9. the commission's efforts to reduce the number of unlicensed commuter vans operating and future plans regarding such efforts;
10. the number of licenses for commuter vans and commuter van drivers and authorizations for commuter van service that were renewed and rejected, as well as any changes in the number of commuter vans affiliated with each authorized service;
11. a discussion of how commuter van service areas are selected; and
12. whether, in the judgment of the commission, there is a need for commuter vans in a number exceeding the number specified in subdivision r of section 19-504.
(L.L. 2017/007, 2/15/2017, eff. 2/15/2017)
a. It shall be unlawful to act as an agent without first obtaining a license therefor from the commission. Such licenses shall be issued for a period not to exceed one year and shall expire on December thirty-first of the year in which it was issued, unless sooner suspended or revoked by the commission.
b. The fee for such a license or a renewal of such a license shall be five hundred dollars. However, if a license is granted for a period of six months or less, the fee shall be two hundred fifty dollars.
c. Any person who violates the provisions of subdivision a of this section shall be guilty of a misdemeanor punishable by a fine of not less than five hundred dollars nor more than one thousand dollars and shall also be liable for a civil penalty of not less than five hundred dollars nor more than one thousand dollars. Such person shall also be subject to the provisions of subdivision f of this section.
d. An application for a license required by subdivision a of this section and for the renewal thereof shall be filed with the commission and shall be in such form as the commission shall prescribe. An application and renewal application for such license shall be submitted on behalf of a sole proprietorship by the proprietor; on behalf of a partnership by a general partner thereof; on behalf of a corporation by an officer or director thereof; or by any other type of business entity by the chief executive officer thereof, irrespective of organizational title. The application or renewal application shall contain a sworn and notarized statement by such individual that the statements therein are true under the penalties of perjury.
1. In addition to any other information required by the commission, each applicant and renewal applicant shall provide:
(a) Fingerprints, unless the applicant has previously submitted fingerprints to the commission;
(b) Proof of payment of all penalties, fines and fees owed to the commission, department of finance, or department of motor vehicles;
(c) The applicant's current mailing address, business address where applicable, and an email address for the applicant and for each officer if the applicant is a partnership or corporation; and
(d) The applicant's social security number.
2. In addition to other information required by this section, each applicant that is a business entity shall provide proof of active status with the department of state and the following information:
(a) An applicant that is a sole proprietor shall provide a copy of the certificate required to be filed with the clerk of the county in which such sole proprietor conducts or transacts business pursuant to section 130 of the general business law.
(b) An applicant that is a partnership shall provide a copy of the certificate required to be filed with the clerk of the county in which such partnership conducts or transacts business pursuant to section 130 of the general business law.
(c) An applicant that is a corporation shall provide a certified copy of its certificate of incorporation, a list of all officers and shareholders and a certified copy of the minutes of the meeting at which the current officers were elected.
(d) An applicant that is a limited liability company, shall provide a copy of its articles of organization and a list containing the names of each member and the percentage of such company owned by each such member.
3. Before issuing a taxicab agent license or the renewal thereof, the commission shall investigate and make an assessment of the good character, honesty, and integrity of each applicant. The commission may refuse to issue or renew such a license upon finding that an applicant lacks good character, honesty, and integrity. As part of such assessment, the commission shall consider:
(a) Failure by such applicant to provide truthful information in connection with the application;
(b) A conviction of such applicant or any officer thereof for a crime which, considering the factors set forth in section 753 of the correction law, would provide a basis for the refusal of such license;
(c) A finding of liability in a civil or administrative action that bears a direct relationship to the fitness of the applicant or an officer thereof to conduct the business for which such license is sought;
(d) Whether the applicant or an officer thereof is or has been a principal or officer of a business entity conducting business as a taxicab agent where the commission would be authorized to deny a license to such business entity pursuant to this paragraph;
(e) Failure to pay any tax, fine, penalty, or fee related to the applicant's business for which judgment has been entered by a court or administrative tribunal of competent jurisdiction; and
(f) Any other relevant information.
4. A taxicab agent license shall be valid for a period of one year, upon the expiration of which a taxicab agent may submit an application for renewal. Where a renewal application has been submitted prior to the expiration date, a license shall remain in full force and effect until a determination to approve or deny such renewal application has been made.
e. Before such license is issued, an applicant shall deposit with the commission a bond, the amount of which shall be determined by rule of the commission, containing one or more sureties to be approved by the commission. Such bond shall be payable to the city and shall be conditioned on the licensee complying with the provisions of this section and any applicable rules of the commission; payment of all civil penalties imposed pursuant to subdivision f of this section; and payment of all judgments or settlements arising from damages occasioned to any person by reason of any misrepresentation, fraud or deceit, or any unlawful act or omission of such licensee or an employee, officer, director, partner, owner of more than ten percent of the outstanding stock of the licensee or the chief executive officer of such licensee while such individual is acting on behalf of such licensee, or any other violation of this section.
f. The commission may deny an application for a license or renewal of a license or, after notice and hearing, revoke or suspend any license issued pursuant to this section, and/or impose a civil penalty not exceeding ten thousand dollars on a licensee, if it finds that an applicant, a licensee, any officer, director, partner, or owner of more than ten percent of the outstanding stock of an applicant or licensee, or the chief executive officer of an applicant or licensee has:
(1) made a material misstatement or misrepresentation on an application for such a license or the renewal thereof; or
(2) made a material misrepresentation or omission or committed a fraudulent or unlawful act while engaged in the business or occupation of, or holding himself, herself or itself out as an agent. Such acts shall include but not be limited to:
(i) presentation of a vehicle for inspection by the commission with a vehicle identification number other than the one under which such vehicle is licensed by the commission;
(ii) operation of a vehicle with a vehicle identification number which has been removed and reattached, or which is other than the one under which such vehicle is licensed by the commission;
(iii) presentation of a document to the commission which falsely states that insurance requirements with respect to a licensed vehicle have been met; and
(iv) conviction of bribing or attempting to bribe any officer or employee of the commission; or
(3) violated any provision of this section or any applicable rule of the commission.
g. Prior to the issuance of any license pursuant to this section, the applicant shall be fingerprinted by a person designated for such purpose by the chairperson and pay a fee to be submitted by the chairperson to the state division of criminal justice services for the purposes of obtaining criminal history records. For purposes of securing a license pursuant to this section, fingerprints shall be taken of the proprietor if the applicant is a sole proprietorship; all the general partners if the applicant is a partnership; all the officers, directors, and owners of more than ten percent of the outstanding stock of the corporation if the applicant is a corporation; and if the applicant is another type of business entity, the chief executive officer, irrespective of organizational title.
h. An application for a license required by this section or the renewal thereof may be denied where the proprietor, any general partner, officer, director or any owner of ten percent or more of the outstanding stock of the applicant or the chief executive of the applicant as is appropriate, has been convicted of a crime which under article twenty-three-A of the correction law would provide a basis for the denial of such license or renewal.
i. An agent licensed pursuant to this section shall be subject to all applicable rules of the commission.
j. Agents licensed pursuant to this section shall promptly respond to and comply with all inquiries, directives, summonses and other communications from the commission or from the New York city department of investigation, and shall make their business premises and books and records available upon request for inspection by employees or designees of the commission.
k. Any agent acting on behalf of an owner who leases or otherwise dispatches one or more taxicabs for return at the end of a shift shall maintain business premises in a location zoned for the operation of such business with:
(i) sufficient off-street space at or near its business premises to store the lesser of 25 vehicles or the following: fifty percent of the taxicabs leased on a daily or shift basis, plus five percent of the taxicabs leased for longer than one day;
(ii) sufficient office space to conduct business, where all records required by the commission, including trip sheets and driver records are kept;
(iii) regular business hours, including the hours of 9:00 a.m. through 5:00 p.m. on every weekday other than legal holidays; and
(iv) a business address and telephone number on file with the commission.
l. Nothing herein shall relieve the owner of a taxicab medallion of responsibility for compliance with any applicable provision of law or rule. Such owner shall be fully responsible for the operation of a vehicle bearing such medallion, including compliance with all regulatory requirements applicable to such vehicle, regardless of the appointment by such owner of an agent licensed pursuant to this section.
(Am. L.L. 2020/110, 11/15/2020, eff. 5/14/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/110.
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