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(a) Accumulation of Points. A Base will accumulate Penalty Points as penalties for violation of certain Rules and upon certain violations by the Base's affiliated Vehicles, as specified below.
(b) Notification of Affiliated Vehicle Points. A Base will be notified by the Commission (by USPS to the Base Mailing Address) whenever an affiliated For-Hire Vehicle accumulates a Penalty Point.
(c) Assessment of Point for Revocation of Affiliated Vehicle License. A Base will be assessed one Penalty Point whenever an affiliated For-Hire Vehicle accumulates Penalty Points sufficient in number and time, that the Commission revokes the Vehicle's License.
(d) Six Penalty Points Requires Base License Revocation. The License of any Base that accumulates six or more Penalty Points for occurrences during any License term will be revoked.
(e) Points Accrued but not Assessed Before Renewal.
(1) If points are imposed after a Base License has been renewed based on a violation that occurred before the renewal, the points will be added to the total points accumulated by the Base before its renewal.
(2) If the additional Points raise the total number to six or more Points, the Base License will be revoked.
(f) Revoking a License.
(1) The Chairperson can begin revocation proceedings whenever a Base Licensee has been assessed six or more points during the current term of that License.
(2) The Licensee's Base License can also be revoked as part of the decision imposing the final point necessary for revocation.
(g) Separate Proceedings for Base License and Vehicle License Revocation. At any time revocation of a Base License is mandated and the last penalty point arises from the same incident that created the For-Hire Vehicle License revocation mandate, separate proceedings must be held for the Base License revocation and the Vehicle License revocation.
(h) Point Reduction Program. The Chairperson will develop a point reduction program applicable to Vehicles and Bases.
(i) Penalty Point Program Start Date. No Penalty Points will be imposed for violations occurring before August 1, 2009.
(a) Taximeter.
(2) A Street Hail Livery Base Owner must not tamper with, alter, repair or attempt to repair any of the following:
(i) A Taximeter
(ii) Any Seal affixed to the taximeter by a licensed Taximeter repair shop or other authorized facility.
(iii) The Technology System
(iv) Any cable mechanism or electrical wiring of a Taximeter or Technology System
(3) A Street Hail Livery Base Owner must not make any change in a vehicle's mechanism or its tires that would affect the operation of the Taximeter or of the Technology System.
35 RCNY § 59B-51(a) | Fine: $250 - $1,500 and/or suspension up to 30 days | Appearance REQUIRED |
(Amended City Record 8/19/2019, eff. 9/18/2019)
(a) Equip Street Hail Liveries with Technology System. A Street Hail Livery Base must ensure that each of its Street Hail Liveries is equipped with the Technology System. The Technology System must comply with the specifications established in 35 RCNY Chapter 83.
35 RCNY § 59B-52(a) | Fine: $1,000 and suspension until compliance | Appearance REQUIRED |
(b) Good Working Order. The Technology System equipment must be in good working order.
35 RCNY § 59B-52(c) | Fine: $250 and suspension until compliance | Appearance REQUIRED |
(c) Malfunction or Failure to Operate.
(1) If the Technology System malfunctions or fails to operate, the Street Hail Livery Base must file an incident report with the authorized provider within two hours following the discovery of the malfunction or as soon as the Street Hail Livery Base reasonably should have known of such malfunction.
(2) If the Driver or Street Hail Livery Licensee previously filed an incident report, the Street Hail Livery Base will not be required to file a separate incident report. The Street Hail Livery Base must verify that the report has been filed by obtaining the incident report number from the Driver, Street Hail Livery Licensee or Technology System Provider.
(3) The Street Hail Livery Licensee or the Street Hail Livery Base must meet the appointment for repair scheduled by the Technology System Provider following the incident report.
35 RCNY § 59B-52(c)(1)-(3) | Fine: $250 and suspension until compliance | Appearance REQUIRED |
(d) Inspection upon Multiple Technology System Malfunctions. For any Street Hail Livery requiring six or more repairs of the vehicle's Technology System in any 30-day period, the Street Hail Livery Base with which such vehicle is affiliated must promptly take that vehicle for inspection or schedule an inspection with the Commission's Safety and Emissions Facility. This requirement will not apply to the Street Hail Livery Base if compliance is made by the Street Hail Livery Licensee or Driver of the vehicle.
35 RCNY § 59B-52(d) | Fine: $250 | Appearance NOT REQUIRED |
(Amended City Record 8/19/2019, eff. 9/18/2019)
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