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Subchapter U: Sightseeing Buses, Horse Drawn Cabs and Drivers
(a) All circulars, leaflets, posters, pamphlets or any other advertising matter describing any trip, tour or excursion, except of buses exclusively hired or engaged under a contract for a special trip or excursion, must receive the approval of the commissioner prior to display or distribution to the public.
(b) A schedule of rates of fare for each type of trip or tour, except buses exclusively hired or engaged under a contract for a special trip or excursion, shall be filed with the Department by the licensee.
(c) A schedule of rates charged for each trip or tour except of buses exclusively hired or engaged under a contract for a special trip or excursion, shall be conspicuously displayed at the starting point upon a sign attached to the bus as near to the entrance as practicable, prior to and during the time the passengers are entering such vehicle and shall remain thereon until the bus departs. The figures on the sign must be at least 3 inches high and the sign must be at least 13 inches long and 9 inches wide.
(d) The rate of fare (including all charges) for the particular tour about to be conducted, except of buses exclusively hired or engaged under a contract for a special trip or excursion, shall be set forth in a sign prominently displayed in the forward part of the interior of the vehicle facing the passengers and shall remain posted in its original position until the termination of the tour. This sign shall be printed in letters and figures at least three-quarters of an inch in height and shall read as follows:
"The fare for this tour (specifying tour number) including all expenses and admissions is (insert price). Report all violations to the Department of Consumer Affairs, (Insert the Department's current address and current telephone number)". |
(e) The owner, or his agent, shall deliver to all passengers upon payment of fare, a printed receipt indicating the amount of fare paid, the description or designated number of the trip and the time scheduled for the bus to leave the starting point. This receipt shall become the property of the passenger and shall not be collected or taken from him. Unless the bus leaves as scheduled, the fare paid by the passenger must be refunded immediately upon request. This provision shall not apply to buses exclusively hired or engaged under a contract for a special trip or excursion.
(f) The owner, his agent, operator, sightseeing bus driver, sightseeing bus guide or lecturer, shall not charge or attempt to charge, any passengers a sum greater than set forth in the rate schedule. No additional charges shall be made, solicited, collected or permitted to be made, for entering any building or premises or for any purposes whatsoever, during the trip or tour or the termination thereof.
(g) No vending of any articles of merchandise or literature to the passengers shall be permitted in the bus.
(h) Each bus, except buses exclusively hired or engaged under a contract for a special trip or excursion, shall have two conspicuously displayed signs, showing the time the bus is scheduled to leave; one such sign shall be hung on the windshield in the interior and the other on the outside at a conspicuous point near the door where the passengers enter, which signs shall be removed upon the departure of the bus. These signs shall read as follows:
"This bus leaves (specifying time) sharp or money refunded upon request."
The figures on the signs must be at least 3 inches high and the signs must be at least 13 inches long and 9 inches wide.
(i) No passengers, other than on buses exclusively hired or engaged under a contract for a special trip or excursion, may be received or discharged at the start or termination of any trip on any public highway within the city except at locations designated by the commissioner. Where such stops are permitted, they shall not be made for a period longer than is actually necessary to expeditiously receive or discharge such passengers, but in no case to exceed 10 minutes.
(j) A sightseeing bus, except buses exclusively hired or engaged under a contract for a special trip or excursion, after leaving its starting point, shall not receive additional passengers between such place of starting and its ultimate destination, and shall operate on a prescribed route when one is so designated.
(k) The owner or his agent shall keep a permanent daily record in a separate book of each trip, tour or excursion made, or in which such owner acts as intermediary. Such book shall be kept on the owner's premises and shall be available at all times for inspection and shall contain the following information:
(1) Date and time of the start and termination of the trip, tour or excursion.
(2) Location of the starting point, and a description of the specific trip, tour or excursion made.
(3) Name (and license number, if any) of the person, firm or corporation who contracted or solicited the passengers or who contracted for the specific trip, tour or excursion.
(4) The name and license number of the person acting as the guide or lecturer during the trip, tour or excursion.
(5) The name and license number of the driver.
(6) The sightseeing bus license number of the vehicle.
(7) Whenever such owner or agent transfers any person, or persons, who have contracted for any trip, tour or excursion, to another owner, or agent, for the purpose of having the latter conduct such trip, tour or excursion, an entry shall be made of the total number of passengers affected and the name of the person, firm or corporation receiving them. A record shall not be required of special trips or excursions in buses exclusively hired or engaged under a contract for such a purpose.
(l) Owners shall keep accurate books and records of
(1) Receipts from operations.
(2) Payments from drivers.
(3) Corporation tax.
(4) Social Security Tax.
(5) Disbursements and receipts.
(6) Mileage run.
(7) Accidents incurred and Public Liability claims paid.
(8) Any information that this department may prescribe from time to time by written notification to the licensee relating to the licensee and his sightseeing bus operations. Such books and records shall be available at all times for inspection.
(m) An owner shall not permit any one driver to operate a vehicle or vehicles more than 12 hours in any continuous 24 hour period, except the driver of a bus exclusively hired or engaged for a special trip or excursion.
(n) Each vehicle and its equipment shall be inspected at least once each day.
(o) Each vehicle must be kept clean, sanitary, and in good mechanical condition, with brakes, lights and signaling devices in good working order.
(p) Each vehicle shall be equipped with efficient windshield wipers.
(q) Any person employed by the owner to operate a sightseeing bus shall possess a New York State chauffeur's license which permits the person to operate a sightseeing bus and a sightseeing bus driver's license.
(r) A sightseeing bus driver must be
(1) A citizen of the United States or a declarant.
(2) At least 21 years of age.
(3) Of sound physique, with good eyesight, and not subject to epilepsy, vertigo, heart trouble, or any other infirmity of body or mind, which might render him unfit for the safe operation of the vehicle.
(4) Able to speak, read or write the English language.
(5) Licensed as a chauffeur or operator for at least 3 years.
(6) The holder of a New York State chauffeur's license.
(7) Be clean in dress and not addicted to the use of drugs or intoxicating liquors.
(s) (1) Examination of drivers. Each applicant for a driver's license under the provisions of this section shall be examined by a person or persons designated by the Commissioner as to his physical condition, as to his knowledge of the provisions hereof, the traffic regulations, and the geography of the city, and if the result of the examination or examinations are unsatisfactory, he shall be refused a license.
(2) Photograph of driver. Each applicant for a driver's license must file with his application two recent photographs of himself, 1 1/2 inches square, one of which shall be attached to the license when issued; the other shall be filed with the application.
(t) Sightseeing bus drivers shall thoroughly search the interior of the vehicle after termination of each trip for any article left or lost in the vehicle. The driver shall immediately take any such property to the stationhouse in the police precinct where the passenger or passengers were discharged.
(u) A sightseeing bus driver shall report all accidents as required by the Vehicle and Traffic Law and report all accidents to the owner.
(v) A sightseeing bus driver shall not smoke while the vehicle is carrying passengers.
(w) A sightseeing bus driver shall not operate the vehicle for more than 12 hours of any continuous 24 hour period. This provision shall not apply to the driver of a bus exclusively hired or engaged for a special trip or excursion.
(x) A sightseeing bus driver shall not solicit or recommend patronage for restaurants, nightclubs, cabarets, dance halls, hotels, or like places, nor solicit for or recommend any place maintained in violation of law.
(y) A sightseeing bus driver shall shut off the engine in the vehicle when the vehicle is parked. A sightseeing bus driver shall not run the engine while the vehicle is standing unless it is necessary to warm the engine in cold weather.
(z) A sightseeing bus driver shall keep the interior of the vehicle clean.
(aa) A sightseeing bus driver shall be required to inspect the vehicle to determine that the vehicle is mechanically fit, with brakes, lights and signaling devices in good working order.
(bb) A sightseeing bus driver shall carry his New York State chauffeur's license and his license as a sightseeing bus driver at all times while engaged in his employment.
(cc) A sightseeing bus driver shall not abandon his vehicle nor permit another to drive it for him.
(a) The owner of each vehicle licensed to operate as a sightseeing bus shall maintain the following records pertaining to the operation and maintenance of each such bus:
(1) Records containing the following information about each of the specified components of each sightseeing bus:
(i) The total time in service of each licensed bus, each major component of the drive train, and all pollution control equipment required to be installed on such vehicle;
(ii) The current status of "life-limited" parts of the drive train and pollution control equipment installed in a vehicle. All parts on the vehicle that are not "life-limited" by the original equipment manufacturer shall be deemed "on-condition" replacement;
(iii) The time since the last overhaul of all items installed in the vehicle which are required to be overhauled on a specified time basis; and
(iv) The current inspection status of the vehicle, drive train and pollution control equipment, including the time since the last inspection required by the inspection program under which the vehicle and its components are maintained.
(2) Records of the maintenance, preventative maintenance, and alterations, and records of the scheduled inspections to be performed pursuant to the manufacturer's recommended inspection and maintenance schedule for the vehicle, drive train and pollution control equipment. Such records shall include:
(i) A description of the work performed.
(ii) The date of completion of the work performed.
(iii) The signature and printed name and employee identification number of the person approving the satisfactory completion of the required maintenance and/or inspection.
(3) A copy of the manufacturer's written recommendations prescribing the schedule for the maintenance to be performed, and for conducting periodic inspections and performing periodic maintenance and repair to keep the vehicle, drive train and pollution control equipment operating at normal operating efficiency.
(b) The records for each licensed sightseeing bus shall be kept in a paginated volume, with the vehicle identification number and the license number included on the first page. All entries shall be dated and included in chronological order.
(c) The required records shall be retained for at least three years after earliest entry in the record on each bus. The records shall be kept at the office of business which holds the license to the bus, and shall be made available on demand to personnel of the Department at such office, or shall be produced at the office of the Department within five days after demand therefore is received by such owner.
(a) A current horse drawn cab license plate shall be permanently and conspicuously affixed to the side of each vehicle and shall be sealed thereon by the Commissioner or his designee.
(b) (1) A schedule of permitted rates shall be conspicuously displayed at all times upon two signs, which shall be permanently affixed to the vehicle. These signs shall be at least six (6) inches by eight (8) inches and shall be attached to or painted on each exterior side of the vehicle. Signs must read as follows:
"MAXIMUM RATE
$50 first 20 minutes or fraction thereof;
$20.00 each additional 10 minutes.
Rates per trip – not per person.
Licensed by New York City Department of Consumer Affairs
(Insert the Department's current address and CALL 311)"
(2) The words "MAXIMUM RATE" and the dollar amounts must be written with characters at least 3/4 inch in height. The words "CALL 311" shall be written in letters at least 1/2 inch in height. All other characters must be a minimum of 1/4 inch in height. Signs shall be obtained by the licensee. The design of the signs must be submitted for approval to the Department of Consumer Affairs prior to attachment to or painting on the vehicle. The signs shall not be defaced or obscured in any manner, including complete or partial concealment by a horse blanket or otherwise. No direct or indirect charge of any kind shall be made to a passenger for any reason other than the charges permitted by law.
(3) The maximum rate authorized to be charged shall be adjusted April 30 every third year following April 2010 to reflect the change in the seasonally adjusted consumer price index published by the U.S. Department of Labor for all urban consumers for December of the year that the maximum rate is to be adjusted. The Department shall publish the adjusted rate on its web site within 15 days thereafter.
(c) A card frame shall be permanently and conspicuously affixed to the vehicle at the forward part of the passenger compartment facing the passenger's seat. Such card frame shall contain, at all times, the current horse drawn cab driver's license and Departmental inspection card.
(d) Each horse drawn cab, its harness and traces shall be clean, in good working condition, and shall be inspected at least once daily by the licensee.
(e) Each vehicle shall be available for inspection by the Department of Consumer Affairs as required by § 20-378 of the Administrative Code.
(f) Each licensee shall make repairs and alterations to the horse drawn cab as may be required by the Department of Consumer Affairs or as is necessary to maintain proper standards of comfort and safety.
(g) Each carriage horse shall be plainly and conspicuously marked by a different number, 3/4 of an inch high, permanently branded onto its left front hoof.
(h) All carriage horses shall be treated in a humane manner. An owner shall be responsible for the humane care and treatment of his carriage horses when they are under his direct supervision and control. At all other times, the owner is required to take all necessary and reasonable steps to ensure the humane care and treatment of his horses while under the direct supervision and control of a licensed driver.
(i) Each owner shall maintain complete, accurate and permanent, consecutive daily records in a bound volume, which volume shall be kept at the owner's premises. Such records shall be available at all times for inspection at the Department by the Commissioner or his designee, and shall contain the following information:
(1) Receipts from drivers;
(2) Payments to drivers;
(3) Corporation tax;
(4) Disbursements and receipts;
(5) A record of accidents incurred and public liability claims paid;
(6) Any additional information that the Department of Consumer Affairs may require by written notification to the owner relating to his horse drawn cab.
(j) Each owner shall maintain a record, in type or ink, of the identification number branded on each horse together with a description of the horse. Such record shall be available at all times for inspection at the Department by the Commissioner or his designee.
(k) Each owner shall maintain for inspection at the Department, a consecutive daily record, in a bound volume, in type or in ink, of the movements of each horse drawn cab and horse, as follows:
(1) Driver's name;
(2) Driver's identification;
(3) Horse's identification number;
(4) Vehicle license plate number;
(5) Exact time of leaving the stable;
(6) Exact time of return to the stable.
(l) No owner shall permit any one horse to be in harness more than 10 hours in any continuous 24 hour period. If more than one driver is assigned to the same horse in any continuous 24 hour period, the records shall indicate the time each driver and horse left and returned to the stable.
(m) Each applicant for a horse drawn cab driver's license must meet the following requirements:
(1) Be at least 18 years of age;
(2) Have good eyesight, be in good physical condition and not be subject to any infirmity of body or mind which might render him unfit for the safe operation of the vehicle; (3) Be able to sufficiently speak and write the English language to carry out the duties required of a licensed horse drawn cab driver;
(4) Be clean in dress and not addicted to the use of drugs or intoxicating liquors;
(5) Be a person of good character.
(n) Each applicant for a horse drawn cab driver's license shall be required to satisfactorily establish that he knows:
(1) The applicable Department of Consumer Affairs regulations:
(2) The applicable traffic regulations;
(3) The geography of Central Park and its ingress and egress routes;
(4) And has mastered the proper care, handling and driving of carriage horses.
(o) Each applicant for a horse drawn cab driver's license must apprentice himself to a fully-qualified, licensed horse drawn cab driver for five days. Such apprenticeship requires the applicant to:
(1) Learn the proper method of fitting a harness to a horse and hitching and unhitching a properly harnessed horse to a carriage;
(2) Ride with a licensed driver for the first three days to observe proper handling and driving of a horse drawn cab; and
(3) Drive the horse drawn cab under the licensed driver's supervision for the last two days of the apprenticeship. Upon completion of such apprenticeship, each applicant shall file with the Department a sworn statement from the licensed horse drawn cab driver that the applicant has satisfactorily completed his apprenticeship.
(p) Each horse drawn cab driver shall:
(1) Keep the interior of the vehicle clean;
(2) Inspect the vehicle and its equipment at least once daily to determine that it is mechanically fit and in good working order;
(3) Report all accidents as required by the Vehicle and Traffic Law and report each accident to the owner;
(4) Conspicuously post his current license in the card frame attached to the vehicle;
(5) Upon request of any passenger, after payment of fare, deliver a written receipt indicating the amount of fare paid. This receipt shall become the property of the passenger and shall not be collected or taken from him;
(6) Thoroughly search the interior of the vehicle after termination of each trip for any article left or lost in the vehicle. Any such property shall be immediately taken to the stationhouse in the police precinct where the passenger or passengers were discharged;
(7) At all times be responsible for the proper and humane care and treatment of the horse under his direct supervision and control.
(q) No horse drawn cab driver shall:
(1) Solicit or recommend patronage for restaurants, nightclubs, cabarets, dance halls, hotels, or similar places, nor solicit for or recommend any place maintained in violation of law;
(2) Sell or offer for sale articles or merchandise or literature to the passengers in his vehicle;
(3) Operate the vehicle for more than 12 hours within any 20 hour period.
(4) After leaving the starting point, receive additional passengers between such starting point and the ultimate destination, or operate on any route other than the prescribed route, when such a route is designated;
(5) Abandon his vehicle, permit another to drive it for him, except an apprentice, or permit any passenger to ride on the driver's seat;
(6) Operate the vehicle while under the influence of intoxicating liquors or drugs;
(7) Carry more than four passengers in the vehicle at any one time.
(r) Each horse drawn cab driver shall maintain a daily log listing the time each fare commenced, the route travelled, the number of passengers, the time each fare ended and the amount charged. At the end of each day, the log shall be given to the owner to be retained and made available at all times for inspection at the Department by the Commissioner or his designee.
(s) Each horse drawn cab that is driven upon a public highway, path or street from one half hour after sunset to one half hour before sunrise and at such other times as visibility for a distance of three hundred fifty feet ahead of such vehicle is not clear, shall display:
(1) at least two lighted lamps on the front of the vehicle, one on each side, having light sources of equal power and visible from the front for a distance of at least three hundred fifty feet;
(2) at least one lighted lamp on the rear, located between the center and the left side of the vehicle, which shall display a red or amber fixed or flashing light visible from the rear for a distance of at least five hundred feet, and at least one lighted lamp affixed on the rear axle near where the horse drawn cab license is affixed; and
(3) reflective material upon the shafts of the vehicle or other parts thereof which shall normally parallel the body, head or legs of the horse pulling such vehicle.
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