§ 19-529.6 Applicability.

   The provisions of this chapter shall not apply to the operations by a commuter van service of commuter vans to or from an airport in the city when such commuter van service or commuter vans have been issued a permit by the port authority of New York and New Jersey to operate at an airport in the city or apply for such permit and within a reasonable period of time are issued such permit by such authority.

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/115.

§ 19-529.7 Commuter van safety.

   Not later than July 1, 2017 and not later than every July 1 thereafter, commission shall submit to the mayor and the speaker of the council and publish on its website a report on safety in the commuter van industry. Such report shall include, but not be limited to, the following information from the previous calendar year:

   1.   the number of safety-related violations issued by the commission committed by those operating a commission-licensed commuter van or an unlicensed commuter van;

   2.   the total number of collisions involving a commission-licensed commuter van, and to the extent known to the commission, such collisions involving an unlicensed commuter van, disaggregated by those resulting in a fatality, critical injury, or injury of any severity;

   3.   the number of commuter vans, commuter van drivers, and commuter van services licensed or authorized by the commission;

   4.   the number of unlicensed commuter vans operating, to the extent known to the commission or estimated;

   5.   the commission's efforts to ensure commuter vans do not operate on bus routes, including, but not limited to, current enforcement efforts and future plans regarding such efforts;

   6.   the number of commuter vans seized by the commission;

   7.   the 20 most utilized commuter van corridors;

   8.   available commuter van ridership, including information on whether commuter vans are being utilized to connect to other mass transit, to the extent known to the commission;

   9.   the commission's efforts to reduce the number of unlicensed commuter vans operating and future plans regarding such efforts;

   10.   the number of licenses for commuter vans and commuter van drivers and authorizations for commuter van service that were renewed and rejected, as well as any changes in the number of commuter vans affiliated with each authorized service;

   11.   a discussion of how commuter van service areas are selected; and

   12.   whether, in the judgment of the commission, there is a need for commuter vans in a number exceeding the number specified in subdivision r of section 19-504.

(L.L. 2017/007, 2/15/2017, eff. 2/15/2017)

§ 19-530 Licensing of agents.

   a.   It shall be unlawful to act as an agent without first obtaining a license therefor from the commission. Such licenses shall be issued for a period not to exceed one year and shall expire on December thirty-first of the year in which it was issued, unless sooner suspended or revoked by the commission.

   b.   The fee for such a license or a renewal of such a license shall be five hundred dollars. However, if a license is granted for a period of six months or less, the fee shall be two hundred fifty dollars.

   c.   Any person who violates the provisions of subdivision a of this section shall be guilty of a misdemeanor punishable by a fine of not less than five hundred dollars nor more than one thousand dollars and shall also be liable for a civil penalty of not less than five hundred dollars nor more than one thousand dollars. Such person shall also be subject to the provisions of subdivision f of this section.

   d.   An application for a license required by subdivision a of this section and for the renewal thereof shall be filed with the commission and shall be in such form as the commission shall prescribe. An application and renewal application for such license shall be submitted on behalf of a sole proprietorship by the proprietor; on behalf of a partnership by a general partner thereof; on behalf of a corporation by an officer or director thereof; or by any other type of business entity by the chief executive officer thereof, irrespective of organizational title. The application or renewal application shall contain a sworn and notarized statement by such individual that the statements therein are true under the penalties of perjury.

      1.   In addition to any other information required by the commission, each applicant and renewal applicant shall provide:

         (a)   Fingerprints, unless the applicant has previously submitted fingerprints to the commission;

         (b)   Proof of payment of all penalties, fines and fees owed to the commission, department of finance, or department of motor vehicles;

         (c)   The applicant's current mailing address, business address where applicable, and an email address for the applicant and for each officer if the applicant is a partnership or corporation; and

         (d)   The applicant's social security number.

      2.   In addition to other information required by this section, each applicant that is a business entity shall provide proof of active status with the department of state and the following information:

         (a)   An applicant that is a sole proprietor shall provide a copy of the certificate required to be filed with the clerk of the county in which such sole proprietor conducts or transacts business pursuant to section 130 of the general business law.

         (b)   An applicant that is a partnership shall provide a copy of the certificate required to be filed with the clerk of the county in which such partnership conducts or transacts business pursuant to section 130 of the general business law.

         (c)   An applicant that is a corporation shall provide a certified copy of its certificate of incorporation, a list of all officers and shareholders and a certified copy of the minutes of the meeting at which the current officers were elected.

         (d)   An applicant that is a limited liability company, shall provide a copy of its articles of organization and a list containing the names of each member and the percentage of such company owned by each such member.

      3.   Before issuing a taxicab agent license or the renewal thereof, the commission shall investigate and make an assessment of the good character, honesty, and integrity of each applicant. The commission may refuse to issue or renew such a license upon finding that an applicant lacks good character, honesty, and integrity. As part of such assessment, the commission shall consider:

         (a)   Failure by such applicant to provide truthful information in connection with the application;

         (b)   A conviction of such applicant or any officer thereof for a crime which, considering the factors set forth in section 753 of the correction law, would provide a basis for the refusal of such license;

         (c)   A finding of liability in a civil or administrative action that bears a direct relationship to the fitness of the applicant or an officer thereof to conduct the business for which such license is sought;

         (d)   Whether the applicant or an officer thereof is or has been a principal or officer of a business entity conducting business as a taxicab agent where the commission would be authorized to deny a license to such business entity pursuant to this paragraph;

         (e)   Failure to pay any tax, fine, penalty, or fee related to the applicant's business for which judgment has been entered by a court or administrative tribunal of competent jurisdiction; and

         (f)   Any other relevant information.

      4.   A taxicab agent license shall be valid for a period of one year, upon the expiration of which a taxicab agent may submit an application for renewal. Where a renewal application has been submitted prior to the expiration date, a license shall remain in full force and effect until a determination to approve or deny such renewal application has been made.

   e.   Before such license is issued, an applicant shall deposit with the commission a bond, the amount of which shall be determined by rule of the commission, containing one or more sureties to be approved by the commission. Such bond shall be payable to the city and shall be conditioned on the licensee complying with the provisions of this section and any applicable rules of the commission; payment of all civil penalties imposed pursuant to subdivision f of this section; and payment of all judgments or settlements arising from damages occasioned to any person by reason of any misrepresentation, fraud or deceit, or any unlawful act or omission of such licensee or an employee, officer, director, partner, owner of more than ten percent of the outstanding stock of the licensee or the chief executive officer of such licensee while such individual is acting on behalf of such licensee, or any other violation of this section.

   f.   The commission may deny an application for a license or renewal of a license or, after notice and hearing, revoke or suspend any license issued pursuant to this section, and/or impose a civil penalty not exceeding ten thousand dollars on a licensee, if it finds that an applicant, a licensee, any officer, director, partner, or owner of more than ten percent of the outstanding stock of an applicant or licensee, or the chief executive officer of an applicant or licensee has:

      (1)   made a material misstatement or misrepresentation on an application for such a license or the renewal thereof; or

      (2)   made a material misrepresentation or omission or committed a fraudulent or unlawful act while engaged in the business or occupation of, or holding himself, herself or itself out as an agent. Such acts shall include but not be limited to:

         (i)   presentation of a vehicle for inspection by the commission with a vehicle identification number other than the one under which such vehicle is licensed by the commission;

         (ii)   operation of a vehicle with a vehicle identification number which has been removed and reattached, or which is other than the one under which such vehicle is licensed by the commission;

         (iii)   presentation of a document to the commission which falsely states that insurance requirements with respect to a licensed vehicle have been met; and

         (iv)   conviction of bribing or attempting to bribe any officer or employee of the commission; or

      (3)   violated any provision of this section or any applicable rule of the commission.

   g.   Prior to the issuance of any license pursuant to this section, the applicant shall be fingerprinted by a person designated for such purpose by the chairperson and pay a fee to be submitted by the chairperson to the state division of criminal justice services for the purposes of obtaining criminal history records. For purposes of securing a license pursuant to this section, fingerprints shall be taken of the proprietor if the applicant is a sole proprietorship; all the general partners if the applicant is a partnership; all the officers, directors, and owners of more than ten percent of the outstanding stock of the corporation if the applicant is a corporation; and if the applicant is another type of business entity, the chief executive officer, irrespective of organizational title.

   h.   An application for a license required by this section or the renewal thereof may be denied where the proprietor, any general partner, officer, director or any owner of ten percent or more of the outstanding stock of the applicant or the chief executive of the applicant as is appropriate, has been convicted of a crime which under article twenty-three-A of the correction law would provide a basis for the denial of such license or renewal.

   i.   An agent licensed pursuant to this section shall be subject to all applicable rules of the commission.

   j.   Agents licensed pursuant to this section shall promptly respond to and comply with all inquiries, directives, summonses and other communications from the commission or from the New York city department of investigation, and shall make their business premises and books and records available upon request for inspection by employees or designees of the commission.

   k.   Any agent acting on behalf of an owner who leases or otherwise dispatches one or more taxicabs for return at the end of a shift shall maintain business premises in a location zoned for the operation of such business with:

      (i)   sufficient off-street space at or near its business premises to store the lesser of 25 vehicles or the following: fifty percent of the taxicabs leased on a daily or shift basis, plus five percent of the taxicabs leased for longer than one day;

      (ii)   sufficient office space to conduct business, where all records required by the commission, including trip sheets and driver records are kept;

      (iii)   regular business hours, including the hours of 9:00 a.m. through 5:00 p.m. on every weekday other than legal holidays; and

      (iv)   a business address and telephone number on file with the commission.

   l.   Nothing herein shall relieve the owner of a taxicab medallion of responsibility for compliance with any applicable provision of law or rule. Such owner shall be fully responsible for the operation of a vehicle bearing such medallion, including compliance with all regulatory requirements applicable to such vehicle, regardless of the appointment by such owner of an agent licensed pursuant to this section.

(Am. L.L. 2020/110, 11/15/2020, eff. 5/14/2021)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/110.

§ 19-531 Public sale of taxicab licenses.

   Notwithstanding any other provision of this chapter to the contrary, the commission is hereby authorized to issue additional taxicab licenses, provided, however, that the number of such additional licenses issued shall not exceed four hundred. Such additional licenses shall be issued by public sale and shall be fully transferable, and shall be subject to the provisions of this chapter and of chapter sixty-five of the New York city charter, except that they shall not be subject to the provisions of section 19-504.1 of this code. The commission shall prescribe by regulation the procedures for the issuance and public sale of such additional licenses, by public auction, sealed bids or other competitive process.

§ 19-532 Public sale of additional taxicab licenses.

   a.   Notwithstanding any other provision of law to the contrary, the commission is hereby authorized to issue additional taxicab licenses, provided, however, that such additional licenses shall be issued only after completion by the commission of such review as may be required by article eight of the New York state environmental conservation law. Such additional licenses shall be issued in a number not to exceed the number of taxicab licenses whose public sale was authorized by chapter sixty-three of the laws of two thousand three, and shall be fully transferable and subject to the provisions of this chapter and of chapter sixty-five of the New York city charter. The commission shall prescribe by rule the procedures for the issuance and public sale of such additional licenses, by public auction, sealed bids or other competitive process.

   b.   Of the total number of taxicab licenses issued by the commission pursuant to subdivision a of this section, at least nine percent shall be issued subject to the requirement that the vehicles operated by or under agreement with the owners of such licenses either be powered by compressed natural gas or be a hybrid electric vehicle, and at least nine percent shall be issued subject to the requirement that the vehicles operated by or under agreement with the owners of such licenses be fully accessible to persons with disabilities in accordance with standards established by the commission; provided however, of the licenses authorized to be sold pursuant to subdivision a of this section that are issued after June 1, 2006, two hundred fifty-four shall be issued subject to the requirement that the vehicles operated by or under agreement with the owners of such licenses either be powered by compressed natural gas or be a hybrid electric vehicle, and fifty-four shall be issued subject to the requirement that the vehicles operated by or under agreement with the owners of such licenses be fully accessible to persons with disabilities in accordance with standards established by the commission; and provided further that if the prices which the commission is able to obtain for the issuance of licenses subject to either of the foregoing requirements does not exceed ninety percent of the average price otherwise obtained by the commission for the issuance of licenses pursuant to this section, the commission is authorized to issue such licenses without such requirement.

   c.   In the event that the city of New York is authorized to issue taxicab licenses in addition to those authorized by chapter sixty-three of the laws of two thousand three, such additional licenses shall be issued by the commission only after completion by the commission of such review as may be required by article eight of the New York state environmental conservation law. Such additional licenses shall be issued in a number not to exceed the number of taxicab licenses whose public sale is authorized by law and in accordance with the procedures and conditions set forth in subdivision a of this section, except that the first one hundred fifty such licenses issued shall be subject to the requirement that the vehicles operated by or under agreement with the owners of such licenses be fully accessible to persons with disabilities in accordance with standards established by the commission, regardless of the prices which the commission is able to obtain for the issuance of such licenses.

   d.   The terms and conditions for the public sale of licenses pursuant to this section shall explicitly provide that vehicles operated by or under agreement with the owners of such licenses shall be entitled to accept hails from passengers in the street in accordance with paragraph one of subdivision a of section 19-504 of this code.

§ 19-533 Clean air taxis.

   The commission shall approve one or more hybrid electric vehicle models for use as a taxicab within ninety days after the enactment of this law. The approved vehicle model or models shall be eligible for immediate use by all current and future medallion owners. Notwithstanding the foregoing, the commission, to the extent practicable, shall within ninety days of the effective date of the chapter of the laws of two thousand seventeen that amended this section, permit one thousand three hundred fifty of such medallions to use any hybrid electric vehicle, excluding accessible vehicles as defined by section 19-534 of this chapter, that also meets all of the requirements for use as a for-hire vehicle. For the purposes of this chapter, a hybrid electric vehicle shall be defined as a commercially available mass production vehicle originally equipped by the manufacturer with a combustion engine system together with an electric propulsion system that operates in an integrated manner.

(Am. 2017 N.Y. Laws Ch. 503, 12/29/2017, eff. 3/29/2018; Am. 2018 N.Y. Laws Ch. 339, 11/5/2018, eff. 3/29/2018)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/072.

§ 19-534 Clean air and accessible taxicab and for-hire vehicle plan.

   a.   Definitions. For the purposes of this section only, the following terms shall have the following meanings:

      (1)   "Accessible vehicle" shall mean any taxicab or for-hire 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.

      (2)   "Clean air vehicle" shall mean any taxicab or for-hire vehicle approved for use by the commission that receives an air pollution score of 9.5 or higher from the United States environmental protection agency or its successor agency and is estimated to emit 5.0 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.

   b.   No later than one hundred eighty days after the effective date of this section, the commission shall develop and approve a plan to significantly increase the number of clean air and accessible vehicles in New York city. Such plan shall include, but not be limited to:

      (1)   a description of specific measures the commission will implement, or recommend to the mayor and the council for implementation through local law, to increase the number of clean air and accessible vehicles and periodic goals for achieving such increases;

      (2)   a schedule, including interim and final milestones, for implementing such measures; and

      (3)   an education campaign regarding clean air and accessible vehicles that provides taxicab and for-hire vehicle owners and prospective owners with information regarding the availability, costs and savings, and benefits of such vehicles for such owners. Such information may include, but is not limited to: (i) for available clean air vehicle models: the fuel economy of such vehicles, as compared with other models typically used as taxicabs and for-hire vehicles in New York city; costs and savings associated with the purchase and use of such vehicles; the estimated air quality benefits associated with the use of such vehicles; and any available governmental and manufacturer incentives for the purchase of such vehicles; and (ii) for available accessible vehicle models: the fact that such vehicles can be used to serve specific clients that non-accessible vehicles cannot serve; costs and savings associated with the purchase of such vehicles; and any available governmental and manufacturer incentives for the purchase of such vehicles. Such information shall be posted on the commission's website and shall be provided to owners of taxicabs and for-hire vehicles upon issuance or renewal of a license in accordance with section 19-504 of this chapter; by sending such information directly to such owners with other commission documents and notices; during informational workshops open to all commission licensees; or in any other manner deemed appropriate by the commission.

   c.   The commission shall implement the plan developed and approved pursuant to subdivision b of this section.

   d.   The commission shall conduct or participate in at least one informational workshop regarding clean air and accessible vehicles in each of the two calendar years following the development and approval of the plan pursuant to subdivision b of this section.

   e.   The commission shall in every annual report submitted to the city council pursuant to section twenty three hundred two of the New York city charter, include the following information: (i) the implementation status of the measures included in the plan developed and approved pursuant to this section; (ii) the numbers of clean air and accessible vehicles in New York city, disaggregated by vehicle model, and how such numbers compare to those of the previous year and with the goals set forth in such plan; and (iii) to the extent practicable, the estimated air quality benefits and fuel savings associated with the use of each clean air vehicle model in operation as a taxicab or for-hire vehicle in New York city and the aggregate air quality benefits and fuel savings associated with the use of all such vehicles.

   f.   The commission shall establish a web page or pages or modify its existing website to make available information regarding clean air and accessible vehicles, which shall include, but not be limited to, the information provided pursuant to paragraph three of subdivision b of this section and the numbers of clean air and accessible vehicles in New York city, disaggregated by vehicle model, which shall be updated, at a minimum, every four months.

   g.   The commission shall annually review the plan required to be implemented pursuant to subdivision c of this section to determine, among other things, whether such plan has helped to increase the number of clean air and accessible vehicles and whether scheduled milestones and goals included in such plan have been met. The commission shall revise such plan as necessary to accomplish such goals.

§ 19-535 Extension of retirement periods for taxicabs.

   a.   Definitions. For the purposes of this section only, the following terms shall have the following meanings:

      1.   "Accessible taxicab" shall mean any vehicle approved for use by the commission as a taxicab 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.

      2.   "Level one clean air taxicab" shall mean any vehicle approved for use by the commission as a taxicab that receives an air pollution score of 9.5 or higher from the United States environmental protection agency or its successor agency and is estimated to emit 5.0 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.

      3.   "Level two clean air taxicab" shall mean any vehicle approved by the commission for use as a taxicab 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 and that does not meet the definition of a level one clean air taxicab pursuant to paragraph 2 of this subdivision; 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.

   b.   Extension of retirement period.

      1.   The retirement period for any accessible taxicab or level one clean air taxicab shall be extended by two years beyond the applicable standard retirement period for taxicabs established pursuant to rule of the commission; provided that the retirement period for any such taxicab that must be retired and replaced pursuant to rules of the commission no later than thirty-six months after the vehicle is hacked up, shall be extended by one year beyond the applicable standard retirement period for taxicabs established pursuant to rule of the commission. The two-year extension period established pursuant to this paragraph shall also apply to any vehicle, as specified by rule of the commission, which is not a level one clean air taxicab as defined in this section, but which meets or exceeds the standards established pursuant to paragraph 2 of subdivision a of this section.

      2.   The retirement period for any level two clean air taxicab shall be extended by one year beyond the applicable standard retirement period for taxicabs established pursuant to rule of the commission.

      3.   The commission may modify the extended retirement period established pursuant to this subdivision for any taxicab where such vehicle does not pass two of the inspections, not including reinspections, conducted at the commission's inspection facility pursuant to section 19-504 of this chapter in the twelve-month period immediately preceding the time at which such vehicle would otherwise be required to be retired pursuant to rule of the commission, or where such vehicle does not pass an inspection conducted at the commission's inspection facility pursuant to section 19-504 of this chapter after the time at which such vehicle would otherwise be required to be retired pursuant to rule of the commission.

   c.   Nothing contained herein shall affect the authority of the commission pursuant to subdivision f of section 19-504 of this chapter to order an owner to repair or replace a licensed vehicle where it appears that such vehicle no longer meets the reasonable standards for safe operation prescribed by the commission.

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2006/052.

§ 19-536 Clean air vehicle labeling and information.

   a.   For the purposes of this section, the term "clean air vehicle" shall mean any taxicab 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.

   b.   The commission shall develop and provide information to each owner of a clean air vehicle, which shall be made available for viewing in each such vehicle in a manner that is clearly apparent to a passenger located in the back seat of such vehicle, and which (i) identifies such vehicle as a clean air vehicle; (ii) includes the address of the commission web page(s) required to be established pursuant to section 19-534 of this chapter; and (iii) includes, to the extent practicable, the estimated air quality benefits associated with the use of such vehicle and the type of fuel used to power such vehicle.