L.L. 1986/076

Enactment date: 12/22/1986

Int. No. 699-A

By Council Member Eisland (by request of the Mayor); also Council Member Leffler

A Local Law to amend the administrative code of the city of New York, in relation to the regulation of for-hire vehicles

Be it enacted by the Council as follows:

Section 1. Declaration of legislative intent. The council recognizes the value of community-based service provided to the riding public by the city's for-hire vehicle industry including limousines and liveries. The council also recognizes its responsibility to the general public to provide for the safety of for-hire vehicles operating in the city. The council hereby finds that the public safety requires regulation to ensure that for-hire vehicles have adequate liability insurance coverage, are mechanically safe, are driven by responsible drivers and are in compliance with other standards of operation to be set forth by the taxi and limousine commission.

Local legislation adopted by the council has given the taxi and limousine commission authority to regulate nonmedallion for-hire vehicles as well as medallion taxicabs. The council previously has denominated nonmedallion for-hire vehicles as "limousines". The council finds that recent court decisions considering the type of vehicles subject to licensing by the taxi and limousine commission as "limousines" have construed the term "limousine" more narrowly than had been the intent of the council. This local law corrects any ambiguity in the law. Rather than continue to apply the term "limousine" to a variety of for-hire vehicles which offer distinctive types of passenger service, the council hereby determines to use the term "for-hire vehicle" to encompass the separate categories of vehicles for hire subject to the regulatory jurisdiction of the taxi and limousine commission and to define such term with specificity so that future uncertainty as to the council's intent will be eliminated.

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[Consolidated provisions are not included in this Appendix A]

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§ 11. Notwithstanding any inconsistent provision of chapter five of title nineteen of the administrative code of the city of New York, as amended by this local law, a person holding, as of the effective date of this local law, a valid, unrevoked limousine license for the operation of a vehicle reclassified as a for-hire vehicle pursuant to subdivision g of section 19-502 of such code as amended by section two of this local law may continue to operate such for-hire vehicle or its replacement pursuant to such limousine license up to and including the expiration date of such limousine license. Notwithstanding any inconsistent provision of such chapter, title and code, as amended by this local law, a person holding, as of the effective date of this local law, a valid, unrevoked limousine-driver's license who operates any vehicles reclassified as for-hire vehicles pursuant to subdivision g of section 19-502 of such code as amended by section two of this local law may continue to operate any such vehicle pursuant to such limousine-driver's license up to and including the expiration date of such limousine-driver's license. Notwithstanding the provisions of subdivision b of section 19-504 of such code, the fee for each for-hire vehicle license issued on or after the effective date of this local law and which expires May thirty-first, nineteen hundred eighty-seven shall be one hundred twenty-five dollars or such lesser amount as the taxi and limousine commission may establish by regulation.

§ 12. If any clause, sentence, paragraph, section or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered.

§ 13. Not later than the thirtieth day after the date of enactment of this local law the taxi and limousine commission shall submit a written report to the council on its plan for implementing the regulatory authority concerning the licensing, inspection, enforcement, adjudication of violations and administration over the various classes of for-hire vehicles, as provided in section 19-503.1 of the administrative code of the city of New York as added by section three of this local law. Not later than the sixtieth day after such date of enactment the commission shall submit a written report to the council on the status of the hiring of personnel and on other actions taken for the improved enforcement of the provisions of chapter five of title nineteen of such code with regard to all vehicles required to be licensed under such chapter and title.

§ 14. This local law shall take effect ninety days after its date of enactment, provided however that the taxi and limousine commission as of the date of enactment of this local law shall be authorized to promulgate any rule or regulation necessary for the administration of and to issue any license provided for in such local law.