It is hereby declared and found that the business of transporting passengers for hire by motor vehicle in the city of New York is affected with a public interest, is a vital and integral part of the transportation system of the city, and must therefore be supervised, regulated and controlled by the city.
For the purpose of this chapter:
a. "Coach" means a motor vehicle carrying passengers for hire in the city, designed to comfortably seat not more than seven passengers, operating from coach hack stands designated by the commission, and duly licensed as a coach by the commission.
b. "Commission" means the New York city taxi and limousine commission.
c. "Driver" means a person licensed hereunder to drive a licensed vehicle in the city.
d. "Driver's license" means a license for a driver issued by the commission.
e. "Vehicle license" means taxicab license, coach license, wheelchair accessible van license or for-hire vehicle license issued by the commission.
f. "Licensed vehicle" means a taxicab, coach, wheelchair accessible van or for-hire vehicle licensed by the commission.
g. "For-hire vehicle" means a motor vehicle carrying passengers for hire in the city, with a seating capacity of twenty passengers or less, not including the driver, other than a taxicab, coach, wheelchair accessible van, commuter van or an authorized bus operating pursuant to applicable provisions of law. For the purpose of this subdivision, "seating capacity" shall include any plain view location which is capable of accommodating a normal adult is as part of an overall seat configuration and design and is likely to be used as a seating position while the vehicle is in motion. For purposes of the provisions of this chapter relating to prohibitions against the operation of an unauthorized for-hire vehicle, the enforcement of such prohibitions and the imposition of penalties for violations of such prohibitions and to the seizure and forfeiture of for-hire vehicles, the term shall also include any common carrier of passengers by motor vehicle not subject to licensure as a taxicab, commuter van, or wheelchair accessible van and not operating as a public or private bus transit service operated pursuant to a contract with the city, any county within the state of New York, the state of New York or any other state or local government that follows the applicable procurement rules and regulations of such jurisdiction regardless of the seating capacity of any such vehicle.
h. "Medallion" means the metal plate issued by the commission for displaying the license number of a licensed taxicab on the outside of the vehicle.
i. Except as is otherwise provided in subdivision f of section 19-506 "owner" means any person, firm, partnership, corporation or association owning and operating a licensed vehicle or vehicles and shall include a purchaser under a reserve title contract, conditional sales agreement or vendors lien agreement, and a lessee of any such vehicle or vehicles under a written lease or similar contract approved by the commission. Provided, however, that with respect to a commuter van, "owner" means a person, other than a lien holder, having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person and also includes any lessee or bailee of a vehicle having the exclusive use thereof, under a lease or otherwise, for a period greater than thirty days. If a vehicle is sold under a contract of sale which reserves a security interest in the vehicle in favor of the vendor, such vendor or his assignee shall not, after delivery of such vehicle, be deemed to be an owner within the provisions of this subdivision, but the vendee, or his or her assignee, receiving possession thereof, shall be deemed an owner notwithstanding the terms of such contract, until the vendor or his or her assignee shall retake possession of such vehicle. A secured party in whose favor there is a security interest in any vehicle out of his or her possession shall not be deemed to, be an owner within the provisions of this subdivision.
j. "Rate card" means a card, issued by the commission for each vehicle, which displays the vehicle license number, rates of fare, and such other data as the commission may prescribe.
k. "Taximeter" means an instrument or device approved by the commission by which the charge to a passenger for hire of a licensed vehicle is automatically calculated and on which such charge is plainly indicated.
1. "Taxi", "taxicab" or "cab" means motor vehicle carrying passengers for hire in the city, designed to carry a maximum of five passengers, duly licensed as a taxi cab by the commission and permitted to accept hails from passengers in the street.
m. "Wheelchair accessible van" means any motor vehicle equipped with a hydraulic lift or ramps designed for the purpose of transporting persons in wheelchairs or containing any other physical device or alteration designed to permit access to and enable the transportation of physically handicapped persons.
n. "Handicapped transportation service" means one or more motor vehicles for hire or operated by a non-profit organization for carrying passengers for hire in the city by means of a wheelchair accessible van or vans and not permitted to accept hails from prospective passengers in the street.
o. "Central business district of the borough of Manhattan" means that area of the borough of Manhattan lying south of, and including, ninety-sixth street.
p. "Commuter van" means a commuter van service having a seating capacity of at least nine passengers but not more than twenty passengers or such greater capacity as the commission may establish by rule and carrying passengers for hire in the city duly licensed as a commuter van by the commission and not permitted to accept hails from prospective passengers in the street. For purposes of the provisions of this chapter relating to prohibitions against the operation of an unauthorized commuter van service or an unlicensed commuter van, the enforcement of such prohibitions and the imposition of penalties for violations of such prohibitions and to the seizure and forfeiture of commuter vans, the term shall also include any common carrier of passengers by motor vehicle not subject to licensure as a taxicab, for-hire vehicle, or wheelchair accessible van and not operating as a public or private bus transit service operated pursuant to a contract with the city, any county within the state of New York, the state of New York or any other state or local government that follows the applicable procurement rules and regulations of such jurisdiction regardless of the seating capacity of any such vehicle. The commission shall submit to the council the text of any proposed rule relating to the maximum capacity of commuter vans at the time such proposed rule is published in the City Record.
q. "Commuter van service" means a subclassification of common carriers by passengers of motor vehicles as such term is defined in subdivision seven of section two of the transportation law, that provides a transportation service through the use of one or more commuter vans on a prearranged regular daily basis, over non-specified or irregular routes, between a zone in a residential neighborhood and a location which shall be a work related central location, a mass transit or mass transportation facility, a shopping center, recreational facility or airport. A "commuter van service" shall not include any person who exclusively provides: (1) any one or more of the forms of transportation that are specifically exempted from article seven of the transportation law; or (2) any one or more of the forms of transportation regulated under this chapter other than transportation by commuter vans.
r. "Security interest" means an interest in a vehicle reserved or created by an agreement and which secures pavement or performance of an obligation. The term includes the interest of a lessor under a lease intended as security. A security interest is perfected when it is valid against third parties generally, subject only to specific statutory exceptions.
s.* "Agent" means an individual, partnership or corporation that acts, by employment, contract or otherwise, on behalf of one or more owners to operate or provide for the operation of a taxicab in accordance with the requirements of this chapter and any rule promulgated by the commission. The term "agent" shall not include an attorney or representative who appears on behalf of one or more owners before the commission or an administrative tribunal, and taxicab drivers licensed pursuant to this chapter when acting in that capacity.
* Editor's note: there are two divisions designated as s. in this section.
s.* "Affiliated vehicle" means a for-hire vehicle other than a black car or a luxury limousine which a base station is authorized by the commission to dispatch.
* Editor's note: there are two divisions designated as s. in this section.
t. "Base station" means a central facility which manages, organizes or dispatches affiliated vehicles licensed under this chapter, not including luxury limousines or black cars.
u. "Black car" means a for-hire vehicle dispatched from a central facility whose owner holds a franchise from the corporation or other business entity which operates such central facility, or who is a member of a cooperative that operates such central facility, where such central facility has certified to the satisfaction of the commission that more than ninety percent of the central facility's for-hire business is on a payment basis other than direct cash payment by a passenger.
v. "Luxury limousine" means a for-hire vehicle which is dispatched from a central facility which has certified to the satisfaction of the commission that more than ninety percent of its for-hire business is on a payment basis other than direct cash payment by a passenger, for which there is maintained personal injury insurance coverage of no less than five hundred thousand dollars per accident where one person is injured and one million dollars per accident for all persons injured in that same accident, whose passengers are charged on the basis of garage to garage service and on a flat rate basis or per unit of time or mileage.
w. "Wheelchair accessible vehicle" shall mean a for-hire vehicle which is designed for the purpose of transporting persons in wheelchairs or containing any physical device or alteration designed to permit access to and enable the transportation of persons in wheelchairs.
x. "HAIL vehicle" means a for-hire vehicle or wheelchair accessible van whose owner holds a license issued by the commission authorizing such vehicle to accept hails from passengers on the street in specified geographical areas of the city.
y. "Facilitate sex trafficking with a vehicle" shall mean (1) committing any of the following crimes set forth in the penal law, as evidenced by conviction of such crime: promoting prostitution in the third degree; promoting prostitution in the second degree; promoting prostitution in the first degree; sex trafficking; or compelling prostitution and (2) using a vehicle licensed by the commission to commit such crime.
z. "Dispatch service provider" means an entity licensed by the commission to dispatch, reserve, or refer trips to drivers on behalf of a base station, black car base, or luxury limousine base through a publicly-available, passenger-facing booking tool.
aa. "Breach of the security of the system" has the same meaning as in paragraph c of subdivision 1 of section 899-aa of the general business law.
bb. "Personal information" has the same meaning as in paragraph a of subdivision 1 of section 899-aa of the general business law and includes such information pertaining to passengers and drivers.
cc. "Passenger geolocation information" means information concerning the location of a wireless communication device that, in whole or in part, is generated by or derived from the operation of such device and that could be used to determine or infer information regarding the present, prospective, or historical location of an individual.
dd. Repealed.
ee. Repealed.
ff. Base. The term "base" has the same meaning as "for-hire base (or "base")" in subdivision (f) of section 59B-03 of title 35 of the rules of the city of New York.
gg. High-volume for-hire service. The term "high-volume for-hire service" means an individual, partnership, limited liability company, business corporation, sole proprietorship or any combination of one or more individuals, partnerships, limited liability companies, business corporations or sole proprietorships operating under, or in affiliation with, one brand or trade name or a common brand, trade, business or operating name, that offers, facilitates or otherwise connects passengers to for-hire vehicles by prearrangement, including through one or more licensed black car bases, luxury limousine bases or livery base stations, as these terms are defined in section 51-03 of title 35 of the rules of the city of New York, utilizing software that allows a passenger or prospective passenger to arrange for transportation using a passenger-facing booking tool, including a smartphone or other electronic device, and that dispatches, or facilitates the dispatching of, 10,000 or more trips in the city in one day. Any and all bases using a common brand, trade, business or operating name will be considered together for purposes of determining whether they satisfy the definition of high-volume for-hire service.
hh. The term "vehicle utilization standard" means the standard for the efficient use of for-hire vehicles as determined by the commission based on the time spent, distance traveled or both by drivers of for-hire vehicles transporting passengers on trips dispatched by a base or, as applicable, a high-volume for-hire service; the time spent, distance traveled or both by drivers who have made themselves available to accept dispatches from such base or from such high-volume for-hire service; and the number of passengers transported by such drivers.
(Am. L.L. 2016/043, 4/21/2016, eff. 8/19/2016; Am. L.L. 2016/049, 4/21/2016, eff. 8/19/2016; Am. 2017 N.Y. Laws Ch. 503, 12/29/2017, eff. 3/29/2018; Am. L.L. 2018/147, 8/14/2018, eff. 8/14/2018; Am. L.L. 2018/149, 8/14/2018, eff. 8/14/2018; Am. 2018 N.Y. Laws Ch. 339, 11/5/2018, eff. 3/29/2018; Am. L.L. 2018/197, 12/1/2018, eff. 12/1/2018; Am. L.L. 2019/037, 2/9/2019, eff. 2/9/2019)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1986/076, L.L. 1989/090, L.L. 1993/115, L.L. 2012/036 and L.L. 2018/147.
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