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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.
a. Definitions. The term "octane rating" shall mean research octane rating or number measured by the research method. The term zero grams lead per gallon shall include gasoline containing up to 0.075 grams of lead per gallon.
b. Effective July first, nineteen hundred seventy-one, all motor vehicles licensed under the provisions of this chapter, which are manufactured in the model years nineteen hundred seventy-two or later, shall be equipped with an engine designed to operate on non-leaded gasoline. All motor vehicles manufactured prior to the nineteen hundred seventy-two model year which are licensed under the provisions of this chapter shall operate in the city on the effective dates set forth below only on gasoline which contains no more than the following amount of lead by weight for the respective octane ranges as follows:
96 Octane No. & Above | 96 Octane No. & Below | |
1. On and after July 1, 1971 | 2.0 grams per gal. | 1.5 grams per gal. |
2. On and after Jan. 1, 1972 | 1.0 grams per gal. | 1.0 grams per gal. |
3. On and after Jan. 1, 1973 | 0.5 grams per gal. | 0.5 grams per gal. |
4. On and after Jan. 1, 1974 | zero grams | zero grams |
c. Effective July first, nineteen hundred seventy-one, all motor vehicles manufactured in model years prior to nineteen hundred seventy, which are licensed under the provisions of this chapter shall be equipped with such emission control devices or otherwise comply with the standards governing levels of emissions for carbon monoxide, hydrocarbons and oxides of nitrogen applicable to light duty vehicles and engines manufactured in model year nineteen hundred seventy in accordance with Federal Public Law 91-604 cited as the "Clear Air Amendments of nineteen hundred seventy."
d. Effective July first, nineteen hundred seventy-one, all motor vehicles manufactured in model years nineteen hundred seventy-one and thereafter, which are licensed under the provisions of this chapter shall be equipped with such emission control devices or otherwise comply with the standards governing levels of emissions for particulates, carbon monoxide, hydrocarbons and oxides of nitrogen established by the commission, which in no event shall be less stringent than those promulgated by federal, state or local agencies, whichever is most stringent.
e. No driver shall operate or use a horn or similar signal device installed on a licensed vehicle except as a signal of imminent danger. The commission shall issue regulations and adopt programs facilitating the enforcement of subdivision a and paragraph one of subdivision b of section 10-107 of the code and shall be authorized to entertain complaints against drivers of licensed vehicles charged with a violation thereof.
a. Taxi and limousine commission advisory board. There shall be an advisory board whose members shall be appointed for two-year terms by the mayor and the speaker of the council to enable the commission to be kept aware of current views of all segments of the industries regulated by the commission and of the public and to be available to the commission to provide the expertise of its members for the better administration of the commission and service to the public. Such advisory board shall consider and provide recommendations to the commission regarding issues related to such industries, including, but not limited to, the promulgation of rules, enforcement of existing laws and rules, and issues related to accessibility, safety regulations, fees, rates, work conditions and other industry matters.
b. The advisory board shall consist of twenty-four members, including each chairperson of the transportation, consumer affairs, and finance committees of the council or such chairpersons' designees, as well as one member of each of the following groups:
(1) a taxicab medallion owner who is not required by law to drive his or her taxicab;
(2) a taxicab medallion owner who is required by law to drive his or her taxicab;
(3) an individual who acts as an agent for those who lease taxicab medallions to drivers who own or lease their own vehicles;
(4) an individual who represents an institution which lends money for the purpose of purchasing or financing taxicab medallions;
(5) a taxicab driver who does not own a taxicab medallion and leases a taxicab on a contract term that is on a daily or weekly basis;
(6) a taxicab driver who does not own a taxicab medallion but owns his or her own taxicab or leases a taxicab on a contract term that is other than on a daily or weekly basis;
(7) an advocate for the disability community;
(8) an advocate for taxicab passengers;
(9) an advocate for passengers of for-hire vehicles;
(10) a commuter van service driver or operator;
(11) an operator of a black car base;
(12) an operator of a luxury limousine base;
(13) a driver of a black car vehicle;
(14) a driver of a luxury limousine vehicle;
(15) a driver of a for-hire vehicle other than a luxury limousine or black car; (16) an operator of a paratransit base;
(17) a driver of a wheelchair accessible taxicab or for-hire vehicle;
(18) a holder of a HAIL vehicle permit as applicable;
(19) an advocate for the environment;
(20) an operator of a base station that has a permit issued by the commission to dispatch one or more HAIL vehicles as applicable; and
(21) an operator of a base station that does not have a permit to dispatch any HAIL vehicles as applicable.
c. Except for the chairpersons of the transportation, finance and consumer affairs committees or such chairpersons' designees, eight of the members of the advisory board set forth in subdivision b of this section shall be appointed by the speaker of the council and thirteen shall be appointed by the mayor all for two-year terms, none of whom shall be an employee or staff member of the council or the commission. No members of such advisory board serving two-year terms shall be eligible to serve more than two consecutive two-year terms. The board shall meet no less often than every three months beginning after the complete board is initially appointed.
d. Not more than thirty days following any meeting of the advisory board held pursuant to this section, the commission shall provide to the council and to all board members a written summary of such meeting, including but not limited to any recommendations made by such advisory board.
e. Nothing contained in this section shall preclude any members of the commission from holding meetings with members of the board or other interested industry members that are not advisory board meetings.
a. The commission shall institute a plan for the industry relating to the establishment of a central dispatch system operating at all air terminals within the city of New York. Such a program shall be instituted at all such air terminals to provide service to any and all points in the five boroughs, and in such other locations as from time to time the commission shall deem necessary.
The commission shall institute a group riding plan for the taxi industry in the city of New York. Initially, this plan shall encompass, minimally, a pilot group riding program from John F. Kennedy international airport to any and all points in the five boroughs, providing dispatchers at the various airport terminals and a central dispatching system to expedite passenger conveyance. After sixty days from the start of such program at John F. Kennedy international airport, the commission shall seek to establish group riding programs at various points in the five boroughs, to be designated by the commission, with the view to increasing taxicab availability to and from the outlying sections of the city to meet the maximum demands for taxi service.
a. At the time of the submission of a final environmental impact statement to the council pursuant to section 19-504.1, the commission shall submit a written report to the council setting forth its plan for improving taxicab and for-hire vehicle service in the areas of the city lying outside of the central business district of the borough of Manhattan.
b. The commission shall develop such plan in consultation with community and business leaders, representatives of the taxicab and for-hire vehicle industries and members of the general public. The commission shall conduct at least one public hearing in each of the five boroughs concerning the development of such a plan.
c. The commission shall consider a broad range of service, pricing and regulatory options including, but not limited to, imposing additional requirements to ensure taxicab availability in areas of the city lying outside of the central business district of the borough of Manhattan, establishing group riding programs at various points in the five boroughs, instituting double shifting and shift time changes for taxicabs, altering the fare structure for taxicabs and improving compliance with the requirements of paragraphs one and two of subdivision a of section 19-507. The report to the council shall include a thorough assessment of each possible option for improving service, the commission's recommendations as to which options should be implemented and a timetable for implementing these options.
a. No vehicle licensed pursuant to the provisions of this chapter shall carry any advertising on the exterior of such vehicle, including its roof and trunk, unless the owner thereof shall first have obtained from the commission a permit to carry such exterior advertising.
b. Such permits shall be issued as of September first, and shall expire on August thirty-first next succeeding unless sooner surrendered, suspended, revoked or terminated.
c. The fee for the issuance of such permit shall not exceed fifty dollars annually. If the permit so issued is surrendered to the commission by the permittee within six months of its date of issuance, one-half of the fee paid shall be refunded to the permittee.
d. Applications for such permits shall be filed with the commission upon forms which shall be provided by the commission.
e. The commission shall promulgate such rules and regulations as are necessary to carry out the provisions of this section, including but not limited to the type and size of any advertising matter.
f. Notwithstanding any other provision of law to the contrary, the commission may revoke any individual permit or the permits of any one medallion ownership corporation, issued pursuant to this section for exterior advertising, if advertising showed in the exterior display is offensive to public morals, and is not removed from public display within a period of fifteen days upon specific request for such action from the taxi and limousine commission.
g. No permit issued under this section shall be transferred or assigned.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/083.
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