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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.
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.
a. For the purposes of this section, the term "livery" shall have the same meaning as defined under Title 35 of the rules of the city of New York.
b. Every owner of a taxicab, livery or commuter van shall post passengers' bill of rights in at least one conspicuous location in the rear passenger compartment of such taxicab, livery or commuter van in a form and location to be prescribed by commission rule.
c. The taxicab passengers' bill of rights shall state passengers' rights to:
(1) pay for a ride with credit/debit card subject to taxi and limousine commission rules;
(2) go to any destination in New York city, Westchester county, Nassau county or Newark airport;
(3) a car that is in good condition and has passed all required inspections;
(4) a properly licensed driver in good standing, with the commission-issued driver's license information on display;
(5) direct the route taken;
(6) a safe and courteous driver who obeys all traffic laws;
(7) a knowledgeable driver who speaks English and is familiar with city geography;
(8) air conditioning or heat on request;
(9) a quiet trip free of horn honking or radio or other music playing;
(10) clean air, which is smoke and scent free;
(11) working seatbelts;
(12) a clean vehicle, both inside and outside;
(13) be accompanied by a service animal;
(14) a driver who does not use a cell phone (hand-held or hands free) while driving;
(15) decline to tip for poor service; and
(16) a vehicle equipped with an operational e-z pass and payment of tolls with such pass.
d. The livery passengers' bill of rights shall state passengers' rights to: (1) a car that is in good condition and has passed all required inspections; (2) a properly licensed driver in good standing, with the commission-issued driver's license information on display;
(3) a safe and courteous driver who obeys all traffic laws;
(4) a quiet trip free of horn honking or radio or other music playing;
(5) clean air that is smoke and scent free;
(6) working seatbelts;
(7) air conditioning or heat on request;
(8) be accompanied by a service animal;
(9) pay a pre-approved fare quoted by the dispatcher;
(10) a driver who does not use a cell phone (hand-held or hands free) while driving;
(11) decline to tip for poor service; and
(12) request a wheelchair accessible vehicle and be provided with equivalent service.
e. The commuter van passengers' bill of rights shall state passengers' rights to:
(1) a vehicle that is in good condition and has passed all required inspections;
(2) a properly licensed driver in good standing, with the commission-issued driver's license information on display;
(3) a safe and courteous driver who obeys all traffic laws;
(4) a knowledgeable driver who is familiar with the areas where the van is authorized to provide service;
(5) air conditioning or heat on request;
(6) a quiet trip free of horn honking or radio or other music playing;
(7) clean air, which is smoke and scent free;
(8) working seatbelts;
(9) a clean vehicle, both inside and outside;
(10) be accompanied by a service animal;
(11) a driver who does not use a cell phone (hand-held or hands free) while driving; and
(12) decline to tip for poor service.
f. In addition to the rights specified in subdivisions c and d of this section, each passengers' bill of rights shall include a statement of passengers' rights regarding fares and payment and regarding the lodging of passenger complaints and compliments. The content of such statement shall be prescribed by commission rule.
g. The commission may by rule provide for additional rights to be stated in any passengers' bill of rights.
a. For the purposes of this section, "accessible to people with vision impairments" shall mean any taxicab that is equipped with instructions for contacting the commission in Braille and large-print text on the same side and in the same passenger compartment in each taxicab. If such taxicab has payment technology installed, such technology should be in the same passenger compartment in each taxicab, and should also provide a payment option, with the fare audibly announced and with audio instruction, to permit visually impaired passengers to pay unassisted, in such manner as provided for and adopted by the commission.
b. Commencing May 1, 2013, all taxicabs must be accessible to people with vision impairments.
c. The commission may by rule establish greater levels of accessibility for taxicabs than those required by this section.
The department of transportation shall make available on the Internet through a web portal that is linked to nyc.gov or any successor website maintained by, or on behalf, of the city of New York, a link to the federal motor carrier safety administration's website and a description of the safety information and data available on such administration's website, including but not limited to a list of and a link to the federal passenger carrier safety ratings and a link to such administration's safety and fitness electronic records system.
a. Following any crash involving a driver licensed by the commission while operating a vehicle licensed by the commission where critical injury or death resulted to one or more persons, the commission shall, upon notification of such crash, review the results of the police department's investigation at or before the conclusion of such department's investigation. The commission shall further review the fitness of such driver to operate a vehicle licensed by the commission and take any enforcement action that it determines appropriate, unless such driver's commission issued license has been suspended, in which case such review may occur prior to the lifting of such suspension. The commission may summarily suspend the commission issued license of such driver while any fitness review or enforcement action is pending, consistent with the rules of the commission regarding summary suspensions. For purposes of this section, "critical injury" shall mean any injury determined to be critical by the emergency medical service personnel responding to any such incident. This section shall not limit in any way the commission's authority to summarily suspend a driver's commission issued license for other reasons.
b. On or before February 1, 2015 and quarterly thereafter, the commission shall provide to the speaker of the council and shall place on the commission's website, a written report detailing how many crashes the commission reviewed pursuant to subdivision a of this section in the prior quarter, how many summary suspensions occurred, and enforcement actions taken by the commission following such review.
Where a driver licensed by the commission has been issued a summons for or charged with one or more traffic related violations or crimes in a crash in which any person has suffered critical injury or death, the license issued to such driver by the commission may be summarily suspended consistent with the rules of the commission regarding summary suspensions, and, upon conviction of such driver of one or more of the violations or crimes stated in the summons or such charges and upon a determination that one or more of such violations or crimes for which conviction occurred was a cause of such critical injury or death, such license shall be revoked. A summary suspension pursuant to this section may be lifted pursuant to the rules of the commission or upon dismissal of all such charges or upon a finding of not guilty of all of the stated traffic related violations and crimes, except that the commission may continue to suspend such license pursuant to section 19-540 of this chapter. For purposes of this section, "critical injury" shall mean any injury determined to be critical by the emergency medical service personnel responding to such crash. This section shall not limit in any way the commission's authority to summarily suspend a driver licensed by the commission for other reasons.
On or before February 1, 2015 and quarterly thereafter, the commission shall for the prior quarter provide a report to the council and shall post on its website, the number of crashes involving a vehicle licensed by the commission. Such report shall disaggregate such crashes by the type of commission licensed vehicle and by whether critical injury or death resulted from such crashes. The commission shall also maintain within its records the number of crashes each licensed driver has been involved in while operating a commission licensed vehicle. For purposes of this section, "critical injury" shall mean any injury determined to be critical by the emergency medical service personnel responding to any such incident.
Except as provided below, every owner of a taxicab, for-hire vehicle, commuter van, or wheelchair accessible van shall post in at least one conspicuous place in the rear passenger compartment of such vehicle a sign stating the following: "ATTENTION: Assaulting A Driver Is Punishable By Up to Twenty-Five Years in Prison" and shall ensure that such sign remains displayed in such vehicle. The commission shall promulgate rules, consistent with this section, including but not limited to the size of the sign, the number of signs per vehicle, the specific location within the vehicle of such signs, and the penalty for failing to post such signs. The provisions of this section shall not apply to black cars and luxury limousines.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2014/055.
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