(a) Approval for New License. The Commission will not issue a Technology System Provider License to any Applicant unless the Commission approves the Technology System proposed for sale, lease or use by the Applicant. In determining whether to approve the Technology System, the Commission will consider, in its sole discretion, whether the documentation required to be submitted by the Applicant pursuant to 35 RCNY § 66-05(b) below adequately demonstrates that the Technology System complies with all of the requirements set forth in 35 RCNY § 66-24, or as such requirements may be waived or modified by the Commission pursuant to subdivision (g) of this section.
(b) Documentation for Technology System Approval. The Applicant must submit with its License application the following documentation for each Technology System for which Commission approval is sought. All documentation pertaining to an independent third party must be accompanied by a signed authorization from the Applicant authorizing the Commission to contact the independent third party directly and authorizing the independent third party to respond to inquiries from the Commission regarding the Application.
(1) Documentation, to be renewed and resubmitted to the TLC every twelve (12) months, demonstrating that an independent third party that is a Qualified Security Assessor ("QSA") company, has performed security testing of the Technology System and related services to determine compliance with the security standards set forth in 35 RCNY § 66-24(i)(1), or as such standards may be waived or modified by the Commission pursuant to subdivision (g) of this section, and the successful results of the security testing;
(2) Documentation, to be renewed and resubmitted to the TLC every twelve (12) months, demonstrating that an independent third party that is a QSA company has performed security testing of the Technology System and related services to determine compliance with the security standards set forth in 35 RCNY § 66-24(i)(3) and (4), or as such standards may be waived or modified by the Commission pursuant to subdivision (g) of this section, and the successful results of the security testing;
(3) Documentation, to be renewed and resubmitted to the TLC every twelve (12) months, issued by EMVCo demonstrating that the Technology System is compliant with the security standards set for in 35 RCNY § 66-24(i)(2), or as such standards may be waived or modified by the Commission pursuant to subdivision (g) of this section, and the successful results of the security testing; and
(4) A detailed system design document, functional system description, and a procedures manual / user guide that describes the features and operations of the Technology System.
(5) Demonstration Models.
(i) One working demonstration model of the Technology System integrated with a Taximeter, inclusive of all components required for complete functionality of the Technology System.
(ii) A second demonstration model installed into a vehicle for demonstration purposes and to allow approval by the Commission of the installation method and location of the Technology System. In its decision to approve the location and installation of the Technology System, the TLC will consider the safety of the Passenger, Passenger ergonomics, the impact of modifications on the proper functioning of the vehicle or other required taxicab equipment, and any comments provided by Technology System Providers and industry, passenger, or safety organizations.
(6) Technology System Training. Applicants must provide to the personnel of the Commission or its designee, at no cost to the Commission, training sessions on the functionality of the Technology System.
(c) Modification of Technology System. If after the Technology System Provider License is issued pursuant to this Chapter, the Technology System Provider wants to implement a Modification of the Technology System, the Licensee must submit an application for approval of a Modification of the Technology System, including all documentation required by subdivision (b) of this section.
(d) Technology System Approval Upon Renewal. If upon renewal of the Technology System Provider License,
(1) the Licensee seeks approval of a Modification of the Technology System, the Licensee must meet all of the requirements applicable to a Modification of the Technology System pursuant to subdivision (c) of this section; or
(2) the Licensee does not seek approval of a Modification of the Technology System and there has been no Modification of the Technology System since the prior Commission approval of the License or prior Commission approval of a Modification of the Technology System, the Licensee must submit to the Commission a certification to that effect and also certify that all prior certifications by independent third parties submitted to the Commission are still valid.
(e) Required Insurance. After submission of an application for a new Technology System Provider License, an Applicant must certify that it maintains, and provide to the Commission proof upon demand, the insurance required in this subdivision. Upon submission of an application to renew a Technology System Provider License, the Licensee must certify that the Licensee maintains the following insurance:
(1) Workers' Compensation, Disability Benefits, and Employer's Liability Insurance. The Applicant must maintain, and ensure that its subcontractor(s) who is/are performing or will perform services in connection with any of the activities licensed under this Chapter maintain, Workers' Compensation Insurance, Disability Benefits Insurance, and Employer's Liability Insurance in accordance with the laws of the State of New York on behalf of, or with regard to, all employees performing services to the Applicant in connection with any of the activities licensed under this Chapter. This paragraph does not apply to Taxicab or Street Hail Livery Drivers, or to individuals or business entities employed by any Technology System Provider or its subcontractor(s) who under applicable law are deemed to be independent contractors and not employees.
(2) Unemployment Insurance. To the extent required by law, the Applicant must provide Unemployment Insurance for its employees.
(3) Proof of Insurance Upon Request.
(i) For Workers' Compensation Insurance, Disability Benefits Insurance, and Employer's Liability Insurance, the Applicant must possess one of the following:
(A) C-105.2 Certificate of Workers' Compensation Insurance;
(B) U-26.3 – State Insurance Fund Certificate of Workers' Compensation Insurance;
(C) Request for WC/DB Exemption (Form CE-200);
(D) Equivalent or successor forms to any or all of the forms above used by the New York State Workers' Compensation Board; or
(E) Other proof of insurance in a form acceptable to the Commission
(ii) For Disability Benefits Insurance, the Applicant must possess one of the following:
(A) DB-120.1 Certificate of Insurance Coverage under the NYS Disability Benefits Law;
(B) Request for WC/DB Exemption (Form CE-200)
(C) Equivalent of successor forms to any of all of the forms above used by the New York State Workers' Compensation Board; or
(D) Other proof of insurance in a form acceptable to the Commission.
(4) The Applicant must provide the Commission with a copy of any policy required under this subdivision upon demand by the Commission or the New York City Law Department.
(5) If the Licensee receives notice that any insurance policy required under this subdivision will expire, be cancelled, or terminated for any reason, the Applicant must immediately forward a copy of the notice to the Commission and the New York City Comptroller.
(f) Waivers or Modifications. Except where expressly prohibited by law, the Commission may, in its discretion, waive or modify any requirements for licensing under this Chapter in the interests of public safety and convenience. Requests for waivers or modifications must be submitted in writing to the Commission.
(g) Information Security and Use of Personal Information Policy. The Applicant must submit with its License application an information security and use of personal information policy that includes, at a minimum, the following information:
(1) a statement of internal access policies relating to passenger and driver Personal Information for employees, contractors, and third parties, if applicable;
(2) a statement that, except to the extent necessary to provide credit, debit, and prepaid card services and services for any application that provides for electronic payment, Personal Information will only be collected and used with such passenger's affirmative express consent and that such personal information will not be used, shared, or disclosed, except for lawful purposes;
(3) procedures for notifying the Commission and affected parties of any breach of the security of the system, pursuant to section 899-aa of the General Business Law;
(4) a statement that any credit, debit, or prepaid card information collected by the Applicant or a credit, debit, or prepaid card services provider is processed by the Applicant or such provider in compliance with applicable payment card industry standards, and
(5) a statement of the Applicant's policies regarding the use of passenger geolocation information, which must include, at a minimum, a prohibition on the use, monitoring, or disclosure of trip information, including the date, time, pick-up location, drop-off location, and real-time vehicle location and any retained vehicle location records, without such passenger's affirmative express consent.
(Added City Record 5/17/2018, eff. 6/16/2018)