a. No person shall operate a commuter van service wholly within the boundaries of the city or partly within the city if the partial operation consists of the pick up and discharge of passengers wholly within the city without first obtaining authorization from the commission.
b. The commission shall not issue or renew an authorization to operate a commuter van service unless the following conditions have been satisfied:
(1) the commission determines that the applicant is fit, willing and able to provide the transportation for which authorization is sought;
(2) the applicant is in compliance with the provisions of section 19-504.3 of this chapter, and the applicant has not engaged in any conduct that would be a basis for suspension or revocation of such authorization pursuant to rules promulgated by the commission; and
(3) the applicant has satisfied such other criteria as the commission deems to be in the interest of the safety and convenience of the public and necessary to effectuate the purposes of this chapter.
c. Prior to the issuance or renewal of an authorization to operate a commuter van service, the applicant shall be fingerprinted for the purpose of securing criminal history records from the state division of criminal justice services. The applicant shall pay any processing fee required by the state division of criminal justice services. Fingerprints shall be taken of the individual owner if the applicant is a sole proprietorship; the general partners if the applicant is a partnership; the officers, principals, and stockholders owning more than ten percent of the outstanding stock of the corporation if the applicant is a corporation.
d. An application for an authorization to operate a commuter van service or for renewal thereof shall be made to the commission in the form and manner prescribed by the commission.
e. (1) The applicant shall have the burden of demonstrating that the service proposed will be required by the present or future public convenience and necessity. The commission shall not issue an authorization to operate a commuter van service unless the commissioner of transportation determines that the service proposed will be required by the present or future public convenience and necessity. Such determination that the service proposed will be required by the present or future public convenience and necessity shall be in effect until such authorization has been revoked by the commission or such determination has been revoked by the commissioner of transportation. After the revocation of such authorization or such determination of public convenience and necessity, no authorization to operate a commuter van service shall be renewed unless a new determination is made by the commissioner of transportation that the service proposed will be required by the present or future public convenience and necessity.
(2) When such a determination by the commissioner of transportation is required by this subdivision, the application for authorization to operate a commuter van service shall set forth the geographic area proposed to be served by the applicant and the maximum number of vehicles to be operated and the capacity of each such vehicle, and the commission shall forward a copy of such application to the commissioner of transportation.
(3) The commissioner of transportation, after consultation with the state department of transportation, shall make a determination whether the service proposed in the application will be required by the present or future public convenience and necessity. The commissioner of transportation may request that the applicant provide any additional information relevant to such determination; provided, however, that public support statements shall not be required. The commissioner of transportation shall notify the New York city transit authority and all council members and community boards representing any portion of the geographic area set forth in the application for the purpose of obtaining comment on the present or future public convenience and necessity for any proposed service. The commissioner of transportation shall provide for publication in the City Record of a notice of any such application and shall allow for public comment on such application for a period not to exceed sixty days after the date of publication of such notice. If any such application is protested by a bus line operating in the city or by the New York city transit authority, and such bus line and/or transit authority has timely submitted objections to the application to the commissioner of transportation, the commissioner shall, in making such determination, evaluate such objections in accordance with the following criteria:
(a) the adequacy of the existing mass transit and mass transportation facilities to meet the transportation needs of any particular segment of the general public for the proposed service; and
(b) the impact that the proposed operation may have on any existing mass transit or mass transportation facilities. Any determination by the commissioner that a service proposed will be required by the present or future public convenience and necessity shall specify the geographic area where service is authorized and the number of commuter vans authorized to be used in providing such service.
f. (1) The commission, after consultation with the state department of transportation, shall approve or disapprove such application for authorization to operate a commuter van service within one hundred eighty days after the date a completed application has been filed. The failure to approve or disapprove such completed application within such one hundred eighty day period shall be deemed a disapproval of such application.
(2) Any determination by the commission to approve an application for authorization to operate a commuter van service pursuant to this section shall be in writing and shall be submitted to the council within five days of such determination being made. Within twenty days of such submission the council may adopt a resolution by majority vote of all council members to review that determination.
(3) Within thirty days of the adoption of the council of a resolution pursuant to this subdivision, the council, may act by local law to approve or disapprove the determination of the commission. In the event that the council fails to act by local law within the thirty day period provided for in this paragraph the determination of the commission shall remain in effect.
g. An authorization to operate a commuter van service shall be issued for a term of not less than one nor more than two years and shall expire on the date set forth in such authorization unless sooner suspended or revoked by the commission.
h. The commission shall not issue a temporary authorization to operate a commuter van service. An authorization to operate a commuter van service shall not be assignable or transferable, unless otherwise provided by the commission.
i. In the event of the loss, mutilation or destruction of any authorization to operate a commuter van service the owner shall file such statement and proof of the facts as the commission may require, with a fee not to exceed twenty-five dollars for each authorization, at the offices of the commission, and the commission may issue a duplicate or substitute authorization.
j. No application for authorization to operate a commuter van service shall be approved if the applicant has been found guilty of operating a commuter van service without authorization to operate such commuter van service two times within a six-month period prior to the date of application, provided that such violations were committed on or after the date occurring six months after the effective date of this subdivision.
k. The commission shall post on its website links to all New York city laws and rules governing the operation of commuter vans. Not more than three days after issuing an authorization to operate a commuter van service, the commission shall post on its website the geographic area where such service is authorized and the number of commuter vans authorized to be used in providing such service.
(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 and L.L. 1997/083.