Loading...
Any taxicab which is transferred involuntarily because of a default in the payment or installments due under the contract of sale, or any other contract or in any other manner whereby the license holder's interest in the license is not also transferred, and which is disposed according to law at public or private sale, may be operated by the purchaser thereof or his or her vendee, provided such purchaser or vendee is acceptable to the commission as a person suitable to receive a license. Upon such involuntary transfer, the license of said taxicab shall be cancelled immediately and a temporary, nontransferable, nonrenewable license issued to such purchaser or vendee for a period not exceeding one year upon the payment of a fee of not exceeding one hundred dollars therefor. At the end of such time, the original holder of the license, or his or her transferee if the license was first issued before the effective date of this chapter, shall be entitled to renewal of the license, provided that the provisions of subdivision (a) of section 19-512 of this chapter are complied with by such applicant, whether he or she is the original holder or a transferee.
a. The exterior of all taxicabs shall be painted yellow or any shade thereof.
b. The name of the corporate owner shall be printed on both rear doors or on both front doors of each taxicab in such a manner as shall be prescribed by the commission.
c. The commission may grant to any taxicab owner or association of taxicab owners, upon proper application therefor, the exclusive right to use one or more distinctive emblems or other identifying designs to be displayed on the vehicles of such applicant.
d. Such applications must include colored sketches of the proposed color schemes of the emblems or designs, together with such other and further information as the commission may require.
e. An owner shall not use an emblem granted to another owner or association, an emblem so similar as to lead to confusion in the mind of the public, or an emblem granted to any association unless he or she be a member of said association. The commission may suspend the license of any owner violating the provisions hereof.
f. Each taxicab license shall be represented by a metal medallion which shall bear the license number and be affixed to the outside of the licensed taxicab. The commission may require that a notice be posted at the main entrance of each garage housing taxicab vehicles reciting the number of such vehicles, their license numbers and such other information as the commission may designate.
g. Any vehicle for hire except those licensed under the provisions of this chapter shall not bear the colors yellow, orange, or gold, or, in combination of yellow-white, orange-white, gold-white, green-white, blue-white or any other combination of the above said colors or color scheme or striping in said colors.
h. Any accessible taxicab or for-hire vehicle licensed by the commission shall display the international wheelchair insignia or other insignia approved by the commission that identifies such vehicle as an accessible vehicle, in a minimum of two prominent locations on such vehicle's exterior. For purposes of this subdivision, "accessible vehicle" shall mean any vehicle approved for use by the commission as a taxicab or for-hire vehicle that meets the specifications and requirements for accessible vehicles pursuant to the Americans with Disabilities Act of 1990, as amended, and rules promulgated by the commission.
i. Any clean air vehicle licensed by the commission shall display the words "CLEAN AIR VEHICLE" or such other term or symbol approved by the commission that identifies such vehicle as a clean air vehicle in a minimum of two prominent locations on such vehicle's exterior. For the purposes of this subdivision, "clean air vehicle" shall mean any taxicab or for-hire vehicle approved for use by the commission that receives an air pollution score of 9.0 or higher from the United States environmental protection agency or its successor agency and is estimated to emit 6.4 tons or less of equivalent carbon dioxide per year by the United States department of energy or its successor agency; provided that such vehicle is powered by the fuel for which such vehicle meets the above-specified standards. In the event the test method used by the United States environmental protection agency or its successor agency for determining fuel economy is adjusted in a way that impacts United States department of energy or its successor agency estimates of equivalent carbon dioxide emissions for motor vehicles, the commission shall, for vehicles that fall within the affected model years, modify by rule the equivalent carbon dioxide emissions estimate included herein so as to appropriately reflect such adjustment's impact consistent with the intent of this section.
a. For-hire vehicles may be painted any color approved by the commission, other than the colors reserved for medallion taxis.
b. For-hire vehicles shall have the name of the owner or operator displayed on the outside or inside of the vehicle in such form as shall be prescribed by the commission, except that the commission may prescribe an exemption from this requirement for classes of for-hire vehicles for which such display would be inappropriate. All for-hire vehicles must at all times carry in the glove compartment and produce upon demand of any police, peace, law enforcement officer, inspector or officer of the commission:
1. The for-hire vehicle license.
2. The driver's commission-issued driver's license.
3. Evidence of current liability insurance or financial responsibility.
(Am. L.L. 2016/051, 4/21/2016, eff. 8/19/2016)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1986/076.
a. For-hire vehicles that do not possess a valid HAIL license may accept passengers only on the basis of telephone contract or prearrangement. The commission or successor agency may establish such disciplinary actions as it deems appropriate for failure to abide by the provisions of this chapter.
b. No commuter van service and no person who owns, operates or drives a commuter van, shall provide, permit or authorize the provision of transportation service to a passenger unless such service to a passenger is on the basis of a telephone contract or other prearrangement. Where a violation of this subdivision 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 this subdivision.
(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. 1986/076, L.L. 1989/088 and L.L. 1993/115.
The commission may require that a notice be posted at the main entrance of each garage housing for-hire vehicles reciting the number of such vehicles, their license numbers and such other information as the commission may designate.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1986/076.
a. No for-hire vehicle license shall be transferred or assigned, nor shall such vehicle license be used in affiliation with any garage or business location other than the location stated in such license.
b. Any base station license or ownership interest in the licensee may be transferred to a proposed transferee who has demonstrated to the satisfaction of the commission the qualifications to assume the duties and obligations of a base station owner provided that either the transferor or transferee shall have filed a bond to cover all the outstanding tort liabilities of the transferor arising out of the operation of a base station and the for-hire vehicles owned by the transferor which is in excess of the amount covered by any bond or insurance policy in effect pursuant to the vehicle and traffic law, and all outstanding fines, penalties and other liabilities which the transferor owes to the commission shall have been satisfied. All such transfers and any changes in corporate offices or directors must be approved by the commission in order to be effective. The commission shall establish by rule the factors to be considered for approval of a proposed transferee, officer or director which shall include, but not be limited to, the criminal history of the proposed transferee and of the transferee's officers, shareholders, directors and partners, if any, or the proposed officers or directors, in a manner consistent with article twenty-three-A of the correction law, any relevant information maintained in the records of the department of more vehicles or the commission, and transferee's financial stability.
c. A transfer shall not be approved if in the past two years, the proposed transferee or any officer, shareholder, director or partner of the proposed transferee, where appropriate, has been found to have violated any law or rule involving:
(i) assaultive behavior toward a passenger, official or member of the public in connection with any matter relating to a for-hire vehicle;
(ii) conviction for giving or offering an unlawful gratuity to a public servant, as defined in section 10.00 of the penal law.
(iii) providing the commission with false information; or
(iv) three unexplained failures to respond to an official communication of the commission or the department of investigation which was sent via certified mail, return receipt requested.
d. No voluntary transfer of a base station license may be made if a judgment in favor of the city of New York or any agency thereof or any state or federal agency has been docketed with the clerk of any county within the city of New York against the licensee and remains unsatisfied, except that a transfer may be permitted if an appeal is pending from an unsatisfied judgment and a bond is filed in an amount sufficient to satisfy the judgment. A transfer may also be permitted without filing a bond as set forth in this subdivision provided that all the judgment creditors of a licensee file written permission for such a transfer with the commission or that the proceeds from the transfer are paid into court or held in escrow on terms and conditions approved by the commission which will have the effect of protecting the rights of all parties who may have an interest therein.
e. The commission may by rule establish a fee in connection with an application to transfer a base station license or an ownership interest in a base station licensee.
f. The commission shall revoke any base station license for nonuse in the event it shall find after a public hearing that the base station has not been in operation for sixty consecutive days, provided that such failure to operate shall not have been caused by strike, riot, war, public catastrophe or other act beyond the control of the licensee. Where the commission finds that a particular base station cannot be operated due to an act beyond the control of the licensee, a replacement base station license shall be issued to the same licensee for an alternative location, provided that all other requirements for such license are met and provided further that the unexpired term of the original license is six months or more.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1986/076.
Loading...