(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.