(a) Franchise regulations.
(1) Franchise required. No person shall operate or cause to be operated on any street a bus for the operation of which a franchise, consent, or certificate of convenience and necessity, order, or other authorization of any municipal, state, or federal authority is required, unless such franchise, consent, certificate of convenience and necessity, order or other authorization shall have been obtained. No person shall operate or move or cause to be operated or moved on any street a bus operating pursuant to a certificate of convenience and necessity, order or other written authorization of any state or federal authority for which operation of a franchise or consent of the Department of Transportation of the City of New York is not required, unless there shall be filed with the Commissioner, not later than two weeks after issuance, duly authenticated copies of such certificates, orders, authorizations and amendments thereto.
(2) Franchise not required. Every person applying to any governmental authority other than the City of New York for authorization to operate a bus into or through the City of New York, for which operation or a franchise or consent of the Department of Transportation of the City of New York is not required, shall, within ten days after the date of submitting such application to such governmental authority, file a duly authenticated copy thereof with the Commissioner, and attach thereto a statement setting forth the address, by street and number, of any proposed off-street terminal or terminals to be used within the City of New York.
(b) Designated routes. No person shall operate or cause to be operated on any street a bus operating pursuant to a franchise or consent of the Department of Transportation of the City of New York which designates the route to be followed, except on the route so designated. No person shall operate or cause to be operated on any street any other bus, other than a charter bus, except over a route designated by the Commissioner in writing.
(c) Pickup and discharge of passengers and layovers.
(1) Pickup and discharge of passengers at assigned bus stops. Except as provided in paragraph (2) below, no operator of a bus, except a charter or school bus, shall pick up or discharge passengers on a street except at a bus stop assigned for the use of that operator by the Department in writing. A bus may only stop at a location that has been assigned to it by the Department. Charter buses, school buses, buses licensed by the New York City Taxi and Limousine Commission, buses operated by the Metropolitan Transportation Authority or any of its subdivisions or buses operating pursuant to a contract or franchise with the City of New York are not required to obtain permits for bus stop assignments. For all other bus types, bus stop assignments will be made by the Department under a permit system in accordance with subdivisions (d) and (j) of this section. A charter bus may stop on a highway at points of origin and destination for the purpose of expeditiously receiving or discharging passengers, except where prohibited by sign or by the Department. While picking up or discharging passengers, a bus must be within twelve inches of the curb and parallel thereto, except where a bus stop is physically obstructed.
(2) Pickup and discharge of passengers at locations other than assigned bus stops.
(i) (A) At times and along those portions of bus routes assigned by the Department, an operator of a bus authorized to operate in the City of New York that provides local or express service along a bus route may discharge a passenger, on such passenger's request, at a curbside location other than a bus stop as described in paragraph (1) above, provided that such location affords the passenger getting off the bus a safe point of departure from the bus and provided that complying with such request will not interfere with the flow of traffic.
(B) Prospective passengers shall be picked up only at a bus stop as provided in paragraph (1) above.
(C) The provisions of this subparagraph shall be clearly posted, in a format approved by the Department, in all buses authorized to discharge passengers between assigned stops.
(D) Clause (A) of this subparagraph does not apply to intercity buses.
(ii) A charter bus may stop on a highway at points of origin and destination for the purpose of expeditiously picking up or discharging passengers, except where prohibited by sign or by the Department.
(3) Layovers. No operator of a bus shall make a bus layover, except in locations designated by sign or by the Department in writing. For the purposes of this rule, layover is defined as follows: for a bus without passengers a layover consists of waiting at a curb or other street location; for a bus with passengers a layover consists of waiting at a curb or other street location for more than five minutes. The Department may define the terms, including duration and authorized companies, for use of layover areas.
(d) Intercity Bus Permit System.
(1) Permit Required. The owner or operator of an intercity bus must obtain an Intercity Bus Permit from the Department to be assigned an on-street bus stop location. A separate Intercity Bus Permit is required for each on-street bus stop location designated to such owner or operator.
(2) Applications. An application must be filed with the Department for new Intercity Bus Permit(s) or the renewal of Intercity Bus Permit(s).
(i) An application for new Intercity Bus Permit(s) or for the renewal of Intercity Bus Permit(s) must be submitted on a form provided by the Department, which will include, but not be limited to, the following information:
(A) Name, address, telephone number, e-mail address and motor carrier number of the intercity bus owner or operator, United States Department of Transportation number and/or New York State Department of Transportation number for each bus that would use the proposed location(s).
(B) Proposed on-street bus stop location(s) and two or more alternative locations for each proposed location.
(C) Number of bus trips per day that would use the proposed location(s).
(D) Proposed intercity bus schedule for the proposed location.
(E) Final destination(s) of proposed bus service.
(F) Number of passengers per bus anticipated for each bus trip.
(G) Planned garage or other parking location of the bus during periods when the bus is not being used to pick up or drop off passengers.
(H) The total number of buses that will be used for the permitted bus operations during the full permit term.
(ii) Renewal applications must be submitted to the Department no earlier than six months and no later than three months prior to the expiration of an Intercity Bus Permit.
(iii) The Department will have up to one hundred fifty days to make a determination on any new Intercity Bus Permit application.
(iv) The Department will have up to ninety days to make a determination on any renewal Intercity Bus Permit application.
(3) Review and issuance of permits.
(i) The Commissioner may refuse to issue a permit to an applicant who:
(A) Is in arrears to the City of New York for an amount totaling more than one thousand dollars;
(B) Has been issued five of more violations pursuant to this subdivision;
(C) Is currently under suspension of its authorization to operate by either the United States Department of Transportation Federal Motor Carrier Safety Administration and/or the New York State Department of Transportation.
(ii) Owners or operators of buses operating intercity bus service who have been assigned on-street bus stop locations by the department that are still in effect upon the effective date of this subdivision will, upon application submitted to the department within thirty days of the effective date of this subdivision, be issued Intercity Bus Permits by the department for a term of up to three years. Such owners or operators who had previously been assigned on-street bus stop locations by the department and who submitted an application within such thirty day period may continue to use such assigned on-street bus stop locations for a period of up to ninety days from the effective date of this subdivision, or until the Intercity Bus Permit is issued by the department, whichever date is sooner. Intercity Bus Permits issued pursuant to this subparagraph are subject to all provisions of this subdivision.
(iii) The Department will post on its website all approved on-street bus stop locations and a copy of all approved applications within thirty days of approval.
(iv) On-street bus stop location assignment criteria. On-street bus stop assignments will be made based on the following criteria:
(A) Traffic, pedestrian flow, and safety.
(B) Preferences of the Intercity Bus Permit applicant.
(C) Location of planned garage or other parking location during periods when the bus is not being used to pick up or discharge passengers.
(v) Consultation about proposed on-street bus stop locations.
(A) The Department will notify the local community board for the district encompassing the location of a proposed on-street bus stop at least forty-five calendar days prior to the issuance of an Intercity Bus Permit or the relocation of an assigned on-street bus location, in order to provide the community board the opportunity to comment on the proposed on-street bus stop location.
(B) The Department will consult with the Metropolitan Transportation Authority, if the location of a proposed on-street bus stop overlaps with an existing Metropolitan Transportation Authority bus stop.
(C) The Department will consult with the Port Authority of New York and New Jersey, if the location of a proposed on-street bus stop overlaps with an existing Port Authority of New York and New Jersey bus facility.
(vi) If the Department refuses to issue a permit pursuant to subparagraph (i) of this paragraph, or disapproves of all of an applicant's on-street bus stop location(s) requested in its application based on the bus stop assignment criteria in subparagraph (iv) of this paragraph, the applicant will have fifteen days to appeal such determination by the Department or submit alternative bus stop location(s). The Department will make a final determination on such appeal within thirty days.
(4) Relocation of on-street bus stop locations. The Department may relocate an assigned on-street bus stop location based on the criteria provided in subparagraph (iv) of paragraph (3) of this subdivision and upon ninety days notice to the permit holder.
(5) Permit fees. Permittees must pay an annual fee of thirty dollars for each scheduled weekly pick-up or drop-off listed on the Intercity Bus Permit issued by the Department. If the total permit fee exceeds $275 per vehicle used in the permitted bus operations, based on the documentation provided by permittee in its application, the permit fee will be reduced by the department to a maximum total of $275 per vehicle actually used in such permitted bus operations. If the permittee adds any buses to its operations not listed in its application pursuant to 34 RCNY § 4-10(2)(H) during the term of such permit, and if the permittee's fee has already been reduced to a $275 per vehicle fee as provided for herein at the time of permit issuance, then the permittee shall be charged a fee of $275 for each additional vehicle.
(6) Term of Intercity Bus Permits. Intercity Bus Permits will be issued for a term of up to three years.
(7) Permittee obligations. All Intercity Bus Permit permittees must comply with the following obligations:
(i) Promptly notify the Department of changes to information provided in its application.
(ii) Prominently display a copy of the Intercity Bus Permit in each intercity bus operating pursuant to such Intercity Bus Permit.
(iii) Display on each intercity bus using the designated location(s) the operator's name, address and telephone number permanently affixed in characters at least five inches high on both sides of the vehicle, with such display being in a color contrasting with that of the vehicle and placed approximately midway vertically on doors or side panels. Permittees may also meet the display obligations by prominently marking buses in such a way that such markings clearly identify the bus operator when observed from the closest sidewalk that the bus stop at which the bus in question is stopped.
(iv) Pick-up and discharge passengers only at on-street bus stops designated by the Commissioner for use by the permittee.
(v) Not stop or stand in its assigned on-street bus stop location except when actively engaged in the pick-up or discharge of passengers.
(vi) Not alter any Intercity Bus Permit issued pursuant to this section.
(vii) Notify the Department of the issuance of any violation by the United States Department of Transportation Federal Motor Carrier Safety Administration or the New York State Department of Transportation within five days of the issuance thereof.
(8) Suspension and revocation of Intercity Bus Permits.
(i) The Department may suspend or revoke an Intercity Bus Permit for failure to comply with any of the requirements of this subdivision or in the event of suspension or termination of the authorization to operate its buses by either the United States Department of Transportation Federal Motor Carrier Safety Administration or the New York State Department of Transportation.
(ii) Prior to suspending or revoking an Intercity Bus Permit the Department will give the permittee an opportunity to be heard with at least two business days notice.
(iii) If the Department determines that an imminent peril to life or property exists, including but not limited to, if any permittee's driver has been issued a violation for driving while intoxicated or driving under the influence pursuant to the New York State Vehicle and Traffic Law, or if a permittee's bus has been involved in an accident resulting in a fatality, the Department may suspend or revoke an Intercity Bus Permit without providing the permittee an opportunity to be heard prior to such suspension or revocation. Upon request of the permittee, the Department will provide the permittee an opportunity to present its objections to such suspension or revocation within five business days after the Department receives the request. Any such request by a permittee must be made within thirty business days of such suspension or revocation.
(9) Temporary relocation of intercity on-street bus stops. The Department may temporarily relocate a designated intercity on-street bus stop location for a period of up to ninety days for reasons of public safety or other emergency or temporary need as determined by the Department. The Department will notify the local community board for the district encompassing the location within thirty days of such temporary relocation.
(e) Routes.
(1) Operators of empty buses and buses with "charter," "special," "contract carriage" or similar non-route specific authority given by the City of New York, the Department of Transportation, the Interstate Commerce Commission, or other legally authorized body, must adhere to the truck routes as described in 34 RCNY § 4-13, or other additional bus routes, except that an operator may operate on a street not designated as a truck route or bus route for the purpose of arriving at his/her destination. This shall be accomplished by leaving a designated truck route or bus route at the intersection that is nearest to his/her destination, proceeding by the most direct route, and then returning to the nearest designated truck route or bus route by the most direct route. If the operator has additional destinations in the same general area and there is no designated truck route or bus route that can be taken to the next destination, the operator may proceed to his/her next destination without returning to a designated truck route or bus route. The operator shall have in his/her possession throughout each trip a route slip, or similar document, showing the points of origin and destination of the trip. Upon the request of a law enforcement officer, or other authorized person, the bus operator shall present for inspection the above stated document or documents.
(2) Notwithstanding the provisions of 34 RCNY § 4-10 paragraph (e)(1) above, no operator of a bus as described in paragraph (1) shall operate his/her vehicle upon any of the streets within the area served by the limited local truck route network in Staten Island as described in 34 RCNY § 4-13(c), except for the purpose of arriving at a destination within the area served by the network. This shall be accomplished by using a designated truck route or bus route to the closest limited local truck route to the destination, using this limited local truck route to the intersection that is nearest to the destination. The operator shall then continue via the most direct route to the closest designated limited local truck route and then to the closest designated truck route or bus route. If the operator has additional destinations in the same general area, and there is no designated truck route, limited local truck route, or bus route that can be taken to the next destination, he/she may proceed to his/her next destination without returning to a designated limited local truck route.
(f) Required inspection of buses. No person shall operate or cause to be operated on any street any bus required by law, ordinance, resolution, or rule of any municipal, state, or federal authority to display a certificate, disc, sticker, poster, or other insignia evidencing that such bus has been inspected and is mechanically fit, or has been bonded or insured, or that prescribed fees have been paid, unless such a certificate, disc, sticker, poster or other insignia, currently valid, shall be displayed in the lower right hand corner of the interior surface of the windshield of such bus. In the event it is required that any writing be placed on any such certificate, disc, sticker, poster, or other insignia by someone other than a public official, no person shall operate or move or cause to be operated or moved on any street any such bus unless such writing shall have been placed on such certificate, disc, sticker, poster, or other insignia in black ink and in letters or numbers no less than one inch in height and three-fourths of an inch in width.
(g) Leased and rented buses. No person shall operate or cause to be operated a bus leased, rented, or borrowed from another person unless there is marked on the side of the bus in letters at least three inches in height the words "chartered by" followed by the name of the person operating such leased, rented, or borrowed bus. Notwithstanding the foregoing, buses leased, rented or borrowed from the City of New York shall not be required to have such markings.
(h) Limitation on backing buses. No person shall back any bus from or into any street or across or along any sidewalk.
(i) Bus parking on streets prohibited. No person shall park a bus at any time on any street within the City, unless authorized by signs, except that a charter bus may park where parking is otherwise permitted at point of destination.
(j) Bus Stop Permits for Non-Intercity Buses.
(1) Permit Required. The owner or operator of a sight-seeing bus, shuttle bus, or public transportation bus, that makes on-street stops to pick up or discharge passengers in the City of New York must obtain a Bus Stop Permit from the Department for each on-street bus stop location. This subdivision does not apply to charter buses, school buses, buses operated by the Metropolitan Transportation Authority or any of its subdivisions or buses operating pursuant to a contract or franchise with the City of New York.
(2) Applications. An initial application for Bus Stop Permit(s) and a renewal application for Bus Stop Permit(s) must be filed with the Department on a form provided by the Department.
(i) Applications must include, but not be limited to, the following information:
(A) Company legal name and any and all assumed name(s); the principal address; the telephone number; the e-mail address; the names of the principal(s) and the title(s); the United States Department of Transportation number and the Federal Motor Carrier Safety Administration MC number; and/or the New York State Department of Transportation number; the New York City Department of Consumer Affairs existing license number for renewal applications; and the vehicle registration for each bus that would stop at the proposed location(s).
(B) Proposed on-street bus stop location(s) and two or more alternative locations for each proposed location if applicable.
(C) Number of stops to be made per day at the proposed location(s).
(D) Proposed bus schedule for the proposed location(s).
(E) Origin and final destination(s) of the proposed bus service.
(F) Maximum passenger capacity of the bus(es) to be used at the proposed location.
(G) Planned garage or other parking location of the bus(es) during periods when the bus(es) is/are not being used to pick up or drop off passengers.
(H) Number of buses planned to be used in the operation of the proposed bus service.
(ii) Renewal applications must be submitted to the Department no earlier than three months and no later than one month prior to the expiration of a Bus Stop Permit.
(3) Review and issuance of Bus Stop Permits.
(i) The Department may refuse to issue or renew a Bus Stop Permit under this subdivision to an applicant or Bus Stop Permit holder who:
(A) Is in arrears for an amount totaling more than one thousand dollars owed to the City of New York;
(B) Has been issued five or more total violations and/or one or more violations per vehicle in operation pursuant to this subdivision within the preceding year;
(C) Has failed to provide location data or other information as required by this subdivision. This subparagraph applies only to sight-seeing bus applicants or permit holders;
(D) Has been found to operate without a New York City Department of Consumer Affairs license, if such license is required, within the last year or had a license revoked by the New York City Department of Consumer Affairs or has been found in violation of any of the applicable New York City Department of Consumer Affairs rules and regulations;
(E) Has had its Bus Stop Permit(s) revoked within the last two years; or
(F) Is currently not authorized to operate a bus by either the United States Department of Transportation Federal Motor Carrier Safety Administration (or any successor agency) and/or the New York State Department of Transportation (or any successor agency) and/or the New York City Department of Consumer Affairs (or any successor agency).
(ii) The owner or operator of a bus company that has been assigned on-street bus stop location(s) by the Department, which are still in effect upon the effective date of this subdivision will, upon application to the Department, within thirty days of the effective date of this subdivision, be issued a Bus Stop Permit by the Department for a term of up to three years. Such owner or operator who had previously been assigned on-street bus stop location(s) by the Department and who submits an application within such thirty day period may continue to use such assigned on-street bus stop location(s) for a period of up to ninety days from the effective date of this subdivision, or until a Bus Stop Permit is issued by the Department for such location(s), whichever date is sooner.
(iii) In assigning on-street bus stop locations, the Department will consider criteria: including, but not limited to:
(A) Traffic, pedestrian flow, and public safety;
(B) Preferences of the applicant;
(C) Consultation with the local community board for the district encompassing the location to be authorized, including but not limited to a notice and comment period of 45 days prior to the authorization or permanent amendment;
(D) The number of stops proposed and the viability of a proposed bus stop schedule as determined by the Department;
(E) The availability and location of planned garage or other parking space for periods when buses picking up or discharging passengers at the authorized stops are not in use;
(F) Ongoing and/or upcoming construction projects in the vicinity of the proposed location(s); and
(G) Any other criteria deemed appropriate by the Department.
The Department must approve or deny such authorizations no later than 180 days from the date of the application.
(iv) The Department will notify the local community board for the community district encompassing the location of a proposed on-street bus stop at least forty-five business days prior to the issuance of a Bus Stop Permit, or the permanent relocation of an assigned on-street bus stop location, in order to provide the community board an opportunity to comment on the proposed on-street bus stop location.
(v) If the Department denies an application submitted pursuant to subparagraph (i) of this paragraph, or disapproves of all of an applicant's on-street bus stop locations requested in its application based on the bus stop assignment criteria set forth in subparagraph (iii) of this paragraph, the applicant will have fifteen calendar days to appeal such determination in the form prescribed by the Department or submit alternative bus stop locations. The Department will make a final determination on such appeal within thirty days
(4) Relocation of on-street bus stop locations.
(i) Permanent relocation of on-street bus stops. The Department may relocate an assigned on-street bus stop location based on the criteria provided in subparagraph (iii) of paragraph (3) of this subdivision and upon ninety calendar days' notice to the permit holder.
(ii) Temporary relocation of on-street bus stops. The Department may temporarily relocate an assigned on-street bus stop location for reasons of public safety or other emergency or temporary need as determined by the Department. The Department will notify the local community board for the community district encompassing the location within thirty calendar days of such temporary relocation.
(5) Permit Fees. For any new sightseeing bus stop application, an applicant must pay a fee of five hundred and twenty dollars for each bus stop. For any renewal sightseeing bus stop application, an applicant must pay a fee of one hundred fifty five dollars for each bus stop.
(6) Term of Bus Permits. The Department will fix the term of each Bus Stop Permit, which will not exceed three years.
(7) Permittee obligations. Bus Stop Permit holders must:
(i) Promptly notify the Department of changes to information provided in its application.
(ii) Keep all the Bus Stop Permits in each bus permitted to use the assigned bus stops and present such permits for inspection upon request of any law enforcement officer or other person authorized to enforce this rule.
(iii) Prominently display a list of all Bus Stop Permits and specific bus stop locations authorized by such permits in each bus permitted to use the assigned bus stop in a way that such list can be clearly observed from the closest curb at which the bus is stopped.
(iv) Display on each bus authorized hereunder to stop at an on-street bus stop the owner or operator's name, address and telephone number permanently affixed in characters at least five inches high on both sides of the bus, with such display being in a color contrasting with that of the bus and placed approximately midway vertically on doors or side panels. Bus operators may also meet the display obligations by prominently marking buses in such a way that such markings clearly identify the bus operator when observed from the closest curb at which the bus is stopped.
(v) Pick up and discharge passengers only at on-street bus stop(s) assigned by the Department.
(vi) Not stop or stand in an assigned on-street bus stop location except when actively engaged in the pick-up or discharge of passengers.
(vii) Not alter any permit issued pursuant to this section.
(viii) Notify the Department of the issuance of any violation, revocation, suspension, or other status change, to the bus operating authority, by the United States Department of Transportation Federal Motor Carrier Safety Administration or the New York State Department of Transportation, or the New York City Department of Consumer Affairs within five calendar days of the issuance thereof.
(ix) Notify the Department of the issuance of any traffic or parking violations within thirty calendar days of the issuance thereof and the issuance of any traffic violation committed by a driver while operating the sight-seeing bus that could be the basis for the assignment of points within three calendar days of the issuance thereof.
(x) Not transfer, sell, give or otherwise reassign the Bus Stop Permit(s) except as authorized by the Department.
(xi) Provide the Department, in the form prescribed by the Department, with quarterly reports containing Global Positioning System data for each bus operated by the permit holder, recorded at one-minute intervals, including, but not limited to, vehicle identification number, time and date of ping, time zone, latitude and longitude, ignition status, speed, and odometer reading, except as authorized by the Department. This subparagraph applies only to sight-seeing Bus Stop Permit holders.
(8) Suspension and revocation of Bus Stop Permits.
(i) The Department may suspend or revoke a Bus Stop Permit:
(A) For failure to comply with any of the requirements of this subdivision;
(B) In the event of suspension or termination of the authorization to operate a bus by either the United States Department of Transportation Federal Motor Carrier Safety Administration or the New York State Department of Transportation or the New York City Department of Consumer Affairs;
(C) Based on any grounds listed in subparagraph (i) of paragraph (3) of this subdivision;
(D) If an operator does not provide a bus service for a period of one month.
(ii) Prior to suspending or revoking a Bus Stop Permit, the Department will give the bus company an opportunity to be heard upon at least two business days' notice.
(iii) If the Department determines that an imminent peril to life or property exists, the Department may suspend or revoke a bus stop authorization without providing the permittee an opportunity to be heard prior to such suspension or revocation. Upon request of the permittee, the Department will provide the permittee an opportunity to present its objections to such suspension or revocation within five business days after the Department receives the request. Any such request by a permittee must be made within thirty business days of such suspension or revocation.
(Amended City Record 4/12/2016, eff. 5/12/2016; amended City Record 1/10/2020, eff. 2/9/2020)