(a) To establish a formal procedure for the licensing and supervision of businesses that sell, lease, make available for use, install, service, and repair Technology Systems.
(b) To establish technical requirements for Technology Systems and provide for the issuance of licenses to Technology System Providers whose systems meet such requirements.
(c) To establish services to be provided by Technology System Providers.
(d) To establish appropriate penalties for the violation of these rules.
(Added City Record 5/17/2018, eff. 6/16/2018)
(a) Unlicensed Activity.
(1) Unlicensed Activity is the act of providing or advertising the provision of any Commission-regulated service by:
(i) Any Licensee whose License is suspended, revoked, or expired and not yet renewed, or
(ii) Any person who does not hold a Valid License from the Commission for the Technology System.
(2) Unlicensed Activity specifically includes the activities listed in 35 RCNY § 66-08 and can result in License suspension, revocation, and other penalties.
(b) Specific Penalties. If there are specific penalties for violating a Rule, they will be shown at the end of the Rule. The penalty section will also state whether the violator must attend the Hearing.
(c) Payment of Fines.
(1) Fines are due within thirty (30) days of the day the Respondent is found guilty of the violation, unless:
(i) the Respondent files an appeal of the decision issued by the Taxi and Limousine Tribunal within the time required by 48 RCNY Chapter 5, in which case the payment of the fines will be deferred until 30 days after the date of the appeal decision.
(2) If the fine is not paid by the close of business on the date due, the Commission will notify the Respondent in writing that the Respondent's License will be suspended in 10 business days of the date of the notification until the fine is paid, unless the Respondent demonstrates to the Commission, in person or in writing, that the fine has been paid.
(d) Non-renewal of License; Suspension; Revocation.
(1) Non-renewal of License.
(i) If a Technology System Provider License is not timely renewed, the Technology System Provider must immediately notify:
(A) the Commission of the date of License expiration; and
(B) each Taxicab or Street Hail Livery Licensee who is using the Technology System approved under the expired License that the Taxicab or Street Hail Livery Licensee has ninety (90) days from the date of License expiration to obtain a Technology System and related services from another Technology System Provider.
(ii) Upon expiration of the Technology System Provider License, the Technology System Provider must not enter into any new contracts with Licensees for sale, lease or use of the Technology System approved under the expired License, and must not renew existing contracts with Taxicab or Street Hail Livery Licensees who are using the Technology System approved under the expired License.
(iii) Upon expiration of the Technology System Provider License, the Technology System Provider must continue to provide to each such Taxicab or Street Hail Livery Licensee all services required by this Chapter, including but not limited to Maintenance Service, and will be subject to all monetary fines that apply as if its Technology System Provider License were not expired for ninety (90) days after License expiration or until all such Taxicab or Street Hail Livery Licensees have obtained Technology Systems and related services from other Technology System Providers, whichever is earlier.
(iv) A Technology System Provider whose License has expired must provide to each Taxicab or Street Hail Livery Licensee who used the Technology System approved under the expired License the following:
(A) De-installation of the Technology System at no charge; and
(B) If the Taxicab or Street Hail Livery Licensee purchased the Technology System for ownership, a refund of the purchase price of the Technology System based on the net book value of such Technology System, applying straight line depreciation by using the purchase price as the cost basis and assuming a sixty (60) month useful life with no salvage value.
(2) Suspension.
(i) If a Technology System Provider's License has been suspended by the Commission for a period of at least thirty (30) days, the Technology System Provider must immediately notify each Taxicab or Street Hail Livery Licensee who is using the Technology System approved under the suspended License:
(A) the dates during which the License is suspended,
(B) that the Taxicab or Street Hail Livery Licensee has the option to terminate its contract with the Technology System Provider Licensee by providing written notice to the Technology System Provider, or if its contract will expire during the period of suspension that the Taxicab or Street Hail Livery Licensee has the option not to renew its contract, and,
(C) that the Taxicab or Street Hail Livery Licensee, if it wishes to terminate or not to renew its contract with the Technology System Provider whose License has been suspended, has ninety (90) days from the end date of the suspension period to obtain a Technology System and related services from another Technology System Provider.
(ii) While the Technology System Provider's License is suspended, the Provider must not enter into any new contracts with Taxicab or Street Hail Livery Licensees for sale, lease or use of the Technology System approved under the suspended License, but may renew, at the option of the Taxicab or Street Hail Livery Licensee, existing contracts with Taxicab or Street Hail Livery Licensees who are using the Technology System approved under the suspended License.
(iii) While the Technology System Provider's License is suspended, the Technology System Provider must continue to provide to such Taxicab or Street Hail Livery Licensees all services required by this Chapter, including but not limited to Maintenance Service, and will be subject to all monetary fines that apply as if its Technology System Provider License were not suspended. If a Taxicab or Street Hail Livery Licensee opts to terminate its contract with the Technology System Provider or to not renew its contract while the Technology System Provider License is suspended, the Technology System Provider must provide such services for:
(A) ninety (90) days after the end date of the suspension period, or
(B) until all such Taxicab or Street Hail Livery Licensees have obtained Technology Systems and related services from other Technology System Providers,
whichever is earlier.
(3) Revocation.
(i) If a Technology System Provider's License has been revoked by the Commission, the Technology System Provider must immediately notify each Taxicab or Street Hail Livery Licensee who is using the Technology System approved under the revoked License that:
(A) its contract with the Technology System Provider will be deemed terminated ninety (90) days following the date of License revocation, or
(B) may be terminated earlier by the Taxicab or Street Hail Livery Licensee by giving written notice of termination, and,
(C) that the Taxicab or Street Hail Livery Licensee has up to ninety (90) days from the date of License revocation to obtain a Technology System and related services from another Technology System Provider.
(ii) Upon revocation of the Technology System Provider's License, the Provider must not:
(A) enter into any new contracts with Taxicab or Street Hail Livery Licensees for sale, lease or use of the Technology System approved under the revoked License, or
(B) renew existing contracts with Taxicab or Street Hail Livery Licensees who are using the Technology System approved under the revoked License.
(iii) Upon revocation of the Technology System Provider License, if the Technology System approved under the revoked License is functioning properly, the Technology System Provider must continue to provide to such Taxicab or Street Hail Livery Licensees all services required by this Chapter, including but not limited to Maintenance Service, and will be subject to all monetary fines that apply as if their Technology Provider License were not revoked, for:
(A) ninety (90) days after License revocation, or
(B) until all such Taxicab or Street Hail Livery Licensees have obtained Technology Systems and related services from other Technology System Providers,
whichever is earlier.
(iv) If the Technology System is not functioning properly, the Technology System Provider must cease its operations with respect to such Technology System.
(v) A Technology System Provider whose License has been revoked must provide de-installation at no charge to each Taxicab or Street Hail Livery Licensee who used the Technology System approved under the revoked License.
35 RCNY § 66-02(d) | Penalty: $500 - $1,000 fine | Appearance REQUIRED |
(Added City Record 5/17/2018, eff. 6/16/2018; amended City Record 8/19/2019, eff. 9/18/2019)
Loading...