No Technology System will be approved by the Commission pursuant to this Chapter unless it complies with the all of the requirements set forth in this section, unless such requirements are waived or modified by the Commission pursuant to subdivision (f) of 35 RCNY § 66-05.
(a) Driver, Vehicle, and Software Authentication.
(1) Upon boot-up, the Technology System must automatically check for and install any software updates prior to allowing the Driver to engage the Technology System.
(2) The Technology System must only allow the Driver to engage the Technology System and Taximeter upon log-in using either biometrics or username and PIN, validated against a system-initiated search of Valid TLC Licenses.
(3) If the data recording element of the Technology System is not hard-mounted to the vehicle, the Technology System must allow the Driver to engage the Technology System and Taximeter only after capturing the Vehicle's license number and validating that the Vehicle's license is active.
(i) The Technology System may not allow the Driver to enter the Vehicle's license number manually.
(4) If any required functionality or hardware is disconnected or inoperable, the Technology System must notify the Driver that the Technology System needs to be serviced and must not allow any Driver to engage the Taximeter until the Technology System is repaired to the extent practicable.
(5) The Technology System must automatically log a Driver out of the Technology System after a 15 minute period of inactivity when the Vehicle's engine is off.
(6) The Technology System must automatically log a Driver out of the Technology System if another Driver logs into the Technology System.
(7) The Technology System must prevent a Driver from logging into more than one Technology System at the same time.
(b) Driver Functionality and Interaction.
(1) The Technology System must enable the Driver to log off, log on, and log on but be marked unavailable for street-hail.
(2) While logged off or logged on but unavailable for street-hail, the Vehicle's roof-light must automatically turn off, and the Taximeter must be disengaged until the Driver logs in.
(3) The Technology System must prevent Drivers from selecting Taximeter rates outside of the areas where they may legally be charged pursuant to the following specifications:
(i) JFK – Manhattan Rate – Taxicab Drivers must be allowed to select Rate 2 inside of Manhattan or JFK Airport but be prevented from selecting Rate 2 otherwise. Street Hail Livery Drivers must be prevented from selecting Rate 2.
(ii) Nassau and Westchester Counties - Drivers must not be allowed to select Rate 4 outside of Nassau and Westchester Counties.
(4) The Technology System must allow the Driver to enter a toll in all of the following ways:
(i) Either accept or decline a toll automatically triggered by the Technology System when within the five boroughs of New York City;
(ii) Select a toll from a predetermined list that includes all tolls within the five boroughs of New York City.
(iii) Enter a custom toll amount that is added to the total fare, to be accessible to the driver only, when outside the five boroughs of New York City.
(5) When adding tolls to the Taximeter, the Technology System must automatically add the correct toll amount to the fare based on the EZ-Pass rate for that toll and time of day.
(6) If a Passenger pays using a method other than cash, the Technology System must notify the Driver when payment for the total fare has been completed.
(7) The Technology System must be capable of generating End-of-Shift Data for the Driver that can be printed from the Taximeter or accessed electronically, at the Driver's preference. End-of-Shift Data must contain the following information:
(i) Medallion or SHL permit number;
(ii) Driver's License number;
(iii) shift start date and time;
(iv) shift end date and time;
(v) distance traveled over the duration of the shift;
(vi) number of cash trips;
(vii) total cash fares collected;
(viii) total MTA tax collected;
(ix) total Taxicab Improvement Surcharge or Street Hail Livery Improvement Surcharge collected;
(x) total credit/debit/prepaid fares collected; and
(xi) total credit/debit/prepaid tips collected.
(8) The Technology System must be able to receive and allow Drivers to accept or reject E-Hails from any TLC-licensed E-Hail Application that opts to interface with the Technology System in accordance with the Public API provided pursuant to 35 RCNY § 66-24(e)(1).
(9) The Technology System must allow a Driver to interact with the Technology System ONLY when the Vehicle is standing or stopped, except that the Technology System may permit a Driver to accept or reject an E-Hail request, engage the Taximeter, or disengage the Taximeter with a single touch using pre-programmed buttons or using voice activation while the vehicle is in motion. All other use of the Technology System by the Driver must be velocity gated to prevent its use while the vehicle is in motion.
(c) Passenger Functionality and Interaction.
(1) The Technology System must provide Passengers with the following payment and fare information:
(i) the Technology System must notify the Passenger that the mechanism for acceptance of credit/debit/prepaid cards is not operational, as applicable;
(ii) the Technology System must instruct the Passenger how to engage accessibility features for individuals with vision disabilities without requiring the assistance of a Taxicab Driver;
(iii) the Technology System must notify the Passenger of any changes to the Taximeter rate or any additions of tolls, surcharges, extras, or other charges, including the name and amount of the charge, in a reasonable manner and length of time for a Passenger to be alerted to the addition; and
(iv) all payment devices must turn on when the Taximeter disengages, to allow payment processing.
(2) Any Passenger-facing screen displaying third-party content must be authorized by the TLC and adhere to the following specifications:
(i) a Passenger-facing screen must display a prologue provided by the TLC at the start of each trip
(ii) following the TLC-provided prologue, a Passenger-facing screen must clearly give passengers an opportunity to mute and/or turn off the screen prior to displaying any third-party content
(iii) the Passenger must be able to turn off any Passenger-facing screen (i.e. render the screen blank and muted) at any time except that all payment devices must turn back on when the Taximeter disengages, to allow payment processing
(iv) the volume of any Passenger-facing device must be mutable and must be controlled by the Passenger, and
(v) any Passenger-facing device that displays third-party content must display content provided by the TLC, subject to the following limitations:
(A) The content provided by the TLC will be in the same format as the third-party content displayed by the Passenger-facing device, and
(B) No more than fifteen percent (15%) of the Passenger-facing device's content will be comprised of TLC-provided content.
(3) Accessibility. Technology System Provider Licensees must provide the following accommodations for Passengers with vision disabilities:
(i) The credit card reader must be installed in the Passenger compartment in each Taxicab,
(ii) Speakers must be installed in the Passenger compartment in each Taxicab. The speakers must provide:
(A) audio fare updates on-demand and at the end of the trip to facilitate payment,
(B) automatic audio notifications of all tolls and rates,
(C) audio instructions enabling a Passenger to successfully complete fare payment, including discretionary tipping, E-Payment, and any other form of payment available in the Taxicab, without requiring the assistance of a Taxicab Driver,
(iii) the ability for a Passenger with a vision disability to engage accessibility features without requiring the assistance of a Taxicab Driver and
(iv) a verbal and hardcopy receipt.
(4) After payment is processed, all Passenger-facing devices must clear all information about the trip and reset to the default screen. Passengers must not be able to access information about trips other than their own.
(5) The Technology System must make available to the Passenger the rate code currently in effect, the current running total fare, and the itemization of the total fare at the Passenger's request and at the end of the trip.
(6) The Technology System must allow the Passenger to pay fares with cash, credit, debit, and prepaid cards, and must allow for E-Hail Apps that provide for E-Payment, and Digital Wallet Application.
(7) The Technology System must make available all information reasonably required for the Passenger to understand and complete electronic payment of the total fare in English, Spanish, and any other language the Commission requires.
(8) For payments made inside the vehicle other than cash or E-Payment, the Technology System must allow, but not require, the Passenger to add a custom tip. If the Passenger elects not to add a tip, the Technology System must require active confirmation of the Passenger's intent before processing payment.
(9) The Technology System must be able to generate an accurate receipt for payment of fare and such receipt must be able to be generated for each Passenger making a payment. Upon the Passenger's request, a receipt must be transmitted to the Passenger. The receipt must contain the following information:
(i) Medallion or SHL Permit number;
(ii) Driver's License number;
(iii) trip number;
(iv) pick-up date and time;
(v) drop-off date and time;
(vi) trip distance;
(vii) toll (if applicable) amount(s);
(viii) surcharge(s), including the Taxicab Improvement Surcharge or Street Hail Livery Improvement Surcharge (if applicable) amount(s);
(ix) extra charges (if applicable) amount(s), including the E-Hail Fee, if any;
(x) taxes (if applicable) for the entire trip;
(xi) itemized listing of each rate code used, and the total amount of time-and-distance-calculated fare for each rate code;
(xii) total amount due;
(xiii) the amount that the Passenger paid, if split fare;
(xiv) the amount that the Passenger tipped, if paid by method other than cash;
(xv) last four digits of credit, debit or prepaid card account number used by the Passenger, if applicable. All receipts for transactions by credit, debit, or prepaid card, or by E-Hail App that provides for E-Payment or Digital Wallet Application, must mask account numbers except for the last four digits; and
(xvi) the "311" Commission complaint telephone number.
(d) Taximeter Interoperability.
(1) The Technology System must be capable of remotely updating the Taximeter to include surcharges, and any other fees that do not impact the rate of fare, based on date, time, and/or location if such surcharges and fee are not already assessed by the Taximeter.
(2) The Technology System must be able to receive any Commission mandated change to the Taximeter via wireless communication initiated by the Technology System Provider.
(e) Public API. All Technology System Providers must maintain an application programming interface (API) that is available to any licensed E-Hail Provider and the Accessible Taxi Dispatcher.
(1) The API must include but is not limited to the following functionalities:
(A) Allow the E-Hail Application Provider or Accessible Taxi Dispatcher to query and obtain a list of a specified number (at least 5) and type (e.g., WAV, SUV, etc.) of Vehicles that are available for hire and closest to a designated pickup location, and, for each Vehicle listed in the response to such query, access real-time meter status, GPS coordinates and direction for no less than 1 minute following such query. The Vehicle or list of Vehicles provided in response to any such query must include the medallion or SHL permit number, vehicle make and model, car type (e.g., SUV, minivan, etc.), wheelchair accessibility, and Driver name and TLC license number;
(B) Allow the E-Hail Application Provider or Accessible Taxi Dispatcher to send an E-Hail or dispatch via the Technology System to the Driver of any or all of the Vehicles included in the list of Vehicles provided in response to a query, including the pickup time and location, and, if applicable, the pre-arranged fare and drop-off location;
(C) Return the Driver's acceptance or rejection of the E-Hail or dispatch, or, if the driver takes no action within 30 seconds, return a timeout;
(D) Allow the E-Hail Application Provider Licensee or Accessible Taxi Dispatcher to cancel any E-Hail or dispatch regardless of whether a Driver has responded;
(E) For any Driver that has accepted an E-Hail or dispatch from an E-Hail Application Provider or the Accessible Taxi Dispatcher, for the duration of the trip from acceptance through meter off or cancellation, provide the E-Hail Application Provider or Accessible Taxi Dispatcher with a data feed of real-time GPS location and ride/meter events, and allow the E-Hail Application Provider or Accessible Taxi Dispatcher to communicate with such Driver via the Technology System, including:
i. allowing the E-Hail Application Provider or the Accessible Taxi Dispatcher to provide the Driver with the passenger's name and phone number and drop-off location, as well as other relevant trip information (e.g., "passenger waiting at south entrance," "passenger uses a wheelchair," etc.),
ii. allowing the Driver to report trip events to the E-Hail Application Provider or the Accessible Taxi Dispatcher (e.g., "passenger in vehicle," "passenger no-show," etc.), and
iii. providing onsite event when Driver reports being onsite, provide a no-show event if the Driver indicates a passenger no-show, and provide a cancel event if the Driver cancels or retracts his or her acceptance of an E-Hail or dispatch.
(F) For licensed E-Hail Applications that provide E-Payment, the API must include the following payment functionality:
(i) Provide access to itemized fare data including time-and-distance fare, tolls, surcharges, extras, and taxes from the Technology System and Taximeter, in real time, when the trip has been completed and the Driver has disengaged the Taximeter;
(ii) Receive from the E-Hail Application Provider or Accessible Taxi Dispatcher a confirmation that electronic credit card payment for the total fare amount has been successfully processed; and
(iii) Receive relevant payment information from the E-Hail Application Provider or Accessible Taxi Dispatcher to the extent necessary to display the total charges, including E-Hail service fee and tip (if applicable) on the receipt and collect and transmit Trip Data.
(iv) Provide the name of the credit card merchant.
(2) The Technology System Provider may charge the E-Hail Application Provider or Accessible Taxi Dispatcher a fee not to exceed one dollar ($1.00) per E-Hail request accepted by a Driver for use of the API. The Technology System Provider may not charge the E-Hail Application Provider or Accessible Taxi Dispatcher credit card processing fees greater than the wholesale fees collected by the credit card issuer and credit card network for that transaction.
(3) The Technology System Provider may require E-Hail Application Providers sending E-Hails to Drivers via the Technology System to charge a uniform Passenger cancellation and/or no-show fee.
(4) Separate Violations. Each failure on the part of a Technology System Provider to cooperate with an E-Hail Application Provider or Accessible Dispatcher for the purpose of maintaining an API as provided in paragraph (1) of this subdivision will constitute a separate violation of this rule.
(f) Trip Data Collection and Transmission. A Technology System must be capable of collecting and transmitting to the Commission Trip Data as described below. The Technology System must conform to the following specifications:
(1) The Technology System must be capable of collecting and transmitting Trip Data for all fare trips for each Taxicab or Street Hail Livery in which the Technology System is installed.
(2) The Trip Data must not contain any Passenger Personal Information.
(3) The Trip Data must include the information set forth below. For purposes of this subdivision, all times are required to be measured to the hour and minute in Eastern Standard Time:
(i) date, time, and location (latitude, longitude, and human-readable street address) of the pick-up and drop off, based on the reading from the Technology System;
(ii) date, time, and mileage of the pick-up and drop off, based on the reading from the Taximeter
(iii) trip number from the Technology System;
(iv) the number of Passengers splitting payment of the fare (if no split fare, default to one Passenger), based on the reading from the Technology System;
(v) itemized charges for the trip (itemized by time-and-distance fare, tolls, surcharges, extras, the Taxicab or Street Hail Livery Improvement Surcharge, and taxes) from the Taximeter, E-Hail App service fee (if the Passenger is charged such a service fee by the E-Hail App and the fare is also paid using that App's E-Payment feature), and tip amount if paid by credit/debit/prepaid card, E-Hail Apps that provides for E-Payment, or Digital Wallet Application;
(vi) payment type (cash, credit/debit/prepaid card or E-Hail App that provides for E-Payment), pre-tip amount, and tip amount (if captured) for each Passenger, based on the reading from the Technology System;
(vii) transaction status, card type, and time of transaction for transactions by credit/debit/prepaid card, E-Hail App that provides for E-Payment, or Digital Wallet Application, processed via the Technology System;
(viii) Medallion or SHL permit number from the Technology System;
(ix) Driver's License number from the Technology System;
(x) all changes to the Driver's logged on-off status and the date, time, location (latitude, longitude, and human-readable street address), and meter mileage when a change occurs;
(xi) the Driver's shift number from the Technology System;
(xii) the name of the credit card processor and the first two and last four digits of each credit, debit, or prepaid card used by each passenger for paying fares, either directly or through an E-Hail App that provides for E-Payment or Digital Wallet Application, based on the reading from the Technology System;
(xiii) All rate codes in effect during a trip from the Taximeter, and the rate of fare, the times and locations (latitude, longitude, and human-readable street address), and meter mileage when such rate of fare was in effect, including but not limited to the time and location when Rate Code 4 went into effect and the fare at the time Rate Code 4 was initiated from the Taximeter and/or Technology System; and
(xiv) Log On Location Positioning, based on the reading from the Technology System. Log On Location Positioning data must be made available in Trip Data to within fifteen (15) meters for Taxicabs and Street Hail Liveries while they are logged on or logged on but unavailable for street-hail.
(3) Trip Data and its component elements must be stored, maintained and accessible to the Commission and any designee of the Commission through a web service specified by the Commission. Until such web service is specified the Technology System Provider must make the Trip Data accessible via:
(i) a near real time web-based portal with functionality and user interface defined by the Commission; and
(ii) downloading and transferring data to the Commission on a weekly basis using technical specifications defined by the Commission.
(g) Advertisements and Other Passenger-facing Content. All Technology Systems must conform to the following specifications:
(1) All Passenger-facing content must comply with TV-Y through TV-G ratings in accordance with the standards established by the TV Parental Guidelines rating system from 8 a.m. – 8 p.m. daily or a similar rating in industries where such rating systems exist, e.g. the Entertainment Software Rating Board's rating system for video games.
(2) No Passenger-facing content may contain, imply, or declare endorsement by the City, the Commission, or any other agency of the City without the prior written consent of the Commission;
(3) No Passenger-facing content may contain any content that falls within the following categories:
(i) Advertisements or any other material or information promoting unlawful or illegal goods, services, or activities;
(ii) Advertisements or any other images, material or information containing obscene images or material (see New York Penal Law 235.00, as such provision may be amended, modified, or supplemented from time to time);
(iii) Advertisements or any other material, images, or description, which, if sold or loaned to a minor for monetary consideration with knowledge of its character or content, would give rise to a violation of New York Penal Law 235.21 (see also New York Penal Law 235.20) as such provisions may be amended, modified, or supplemented from time to time;
(iv) Advertisements or any other images, material or information that are libelous, defamatory, infringe intellectual property rights, including but not limited to trademark, copyright or patent rights, of a third party, or violate New York Civil Rights Law Section 50, as such provisions may be amended, modified, or supplemented from time to time;
(v) Advertisements or any other images, material or information that demean or disparage an individual or group of individuals. For purposes of determining whether any such advertisements or other images, material or information demean or disparage an individual or group of individuals, the Technology System Provider will determine whether a reasonably prudent person, knowledgeable of the Taxicab ridership and using prevailing community standards, would believe that such advertisements or other images, material or information ridicule or mock, are abusive or hostile to, or debase the dignity or stature of, an individual or group of individuals;
(vi) Advertisements or any other material or information that propose a commercial transaction where the material or information contained in it is false, misleading, or deceptive; and
(vii) Advertisements or any other material or information that propose a commercial transaction pertaining to or promote tobacco or tobacco-related products;
(h) Additional Requirements for Technology Systems Installed in Street Hail Liveries.
(1) The Technology System must prevent the Street Hail Livery Driver from engaging the Taximeter while in the Pre-Arranged Exclusionary Zone;
(2) The Technology System must be capable of capturing and transmitting to the Commission a flag indicating whether each trip is a Hail Trip or was commenced by Dispatch; and,
(3) The Technology System must turn off the roof light while the Street Hail Livery vehicle is in the Hail Exclusionary Zone and the Taximeter is disabled.
(i) Security. All features of the Technology System required by this section, including the collection, transmission and maintenance of data by the Technology System Provider, must conform to the most up-to-date versions of following security standards:
(1) PCI Standards for Merchant Level 1;
(2) Level 1 and Level 2 EMV standards;
(3) Department of Information Technology and Telecommunications Citywide Information Security Policy for Service Providers and Encryption Standards ("DOITT Standards") at http://www.nyc.gov/html/doitt/html/business/security.shtml; and
(4) The information security and use of personal information policy the Technology System Provider has on file with the TLC pursuant to subdivision (g) of 35 RCNY § 66-05.
(j) Data Retention. All data required to be collected, transmitted and maintained pursuant to this section must be maintained for at least three (3) years.
(k) Inspection by TLC. The Technology System Provider must enable the Commission to inspect all components and inner workings of the Technology System by providing Commission inspection personnel with access to the Technology System by magnetic swipe card and through the use of a self-diagnostic tool. The self-diagnostic tool must automatically check and display the status of:
(1) the connection and operability of all in-vehicle components of the Technology System;
(2) the Technology System's connection to the credit card processor;
(3) the Technology System's connection to the Accessible Dispatch vendor; and
(4) the Technology System's connection to the Technology System Provider's Trip Data database.
(Added City Record 5/17/2018, eff. 6/16/2018; amended City Record 8/19/2019, eff. 9/18/2019; amended City Record 12/9/2020, eff. 1/8/2021; amended City Record 2/2/2023, eff. 3/4/2023)