§ 53-02 Penalties.

   (a)   Unlicensed Activity.

      (1)   Unlicensed Activity is the act of providing or advertising the provision of any Commission-regulated for hire transportation service by:

         (i)   Any Licensee whose License is suspended, revoked, or expired and not yet renewed, or

         (ii)   Any person who does not hold a Valid License or Authorization from the Commission as a for hire driver, for the for hire vehicle, or for the for hire service, as applicable.

      (2)   Unlicensed Activity specifically includes the activities listed in § 19-506 and § 19-528 of the Administrative Code, and can subject the violator to the seizure and possible forfeiture of the vehicle involved.

   (b)   Specific Penalties. If there are specific penalties for violating a Rule, they are shown at the end of the Rule. The penalty section also states whether the violator must attend a Hearing.

   (c)   Payment of Fines.

      (1)   Fines are due not later than 30 days after the Respondent is found guilty of or pleads guilty to the violation, unless:

         A.   the Respondent files an appeal of the decision issued by the Taxi and Limousine Tribunal within the time required by 48 RCNY Chapter 5, in which case the payment of the fines will be deferred until 30 days after the date of the appeal decision.

      (2)   If the fine is not paid by the close of business on the date due, the Commission will notify the Respondent in writing that the Respondent's License will be suspended in 10 business days of the date of the notification until the fine is paid, unless the Respondent demonstrates to the Commission, in person or in writing, that the fine has been paid.

§ 53-03 Definitions.

   (a)   Accessible Taxi Dispatcher. The Accessible Taxi Dispatcher is the entity which, under contract with the Commission, will convey dispatches or requests for accessible service to Drivers of Accessible Taxicabs and to Drivers of Accessible Street Hail Liveries to provide transportation for a Passenger or group of Passengers, at least one of whom must be mobility-impaired, for trips that originate in New York City.

   (b)   Accessible Vehicle, for the purposes of this Chapter, is a vehicle designed to permit access to and enable the transportation of persons who use wheelchairs and is authorized by the Commission to transport passengers for hire by prearrangement or by dispatch of the Accessible Taxi Dispatcher. Accessible Vehicles, for purposes of this Chapter, include all vehicles in use as Accessible Taxicabs, Taxicabs required or opting to be used with accessible vehicles under 35 RCNY § 58-50, and Accessible Street Hail Liveries.

   (c)   Approved Driver. An Approved Driver is a Driver who has a Valid License from the Commission as a TLC Driver and who has successfully completed Passenger Assistance and Wheelchair Accessible Vehicle Training or has a valid Paratransit License.

   (d)   Dispatch Equipment. The "Dispatch Equipment" is the communications equipment provided by the Accessible Taxi Dispatcher or an acceptable interface with the Technology System that allows Approved Drivers operating Accessible Vehicles to receive dispatches from the Accessible Taxi Dispatcher.

   (e)   Dispatch Fee. The "Dispatch Fee" is the fee payable to the Driver of an Accessible Vehicle, according to the Dispatch Fee schedule, for completing or attempting to complete a trip dispatched by the Accessible Taxi Dispatcher. The Dispatch Fee schedule, including cancellation fees and passenger no-show fees, will be determined by the Commission, and posted on the Commission's website, every six months based on a review of available funds and the Accessible Taxi Dispatcher's service rates.

   (f)   Owner. In this chapter, the Owner refers to the owner of a Medallion Taxicab or Street Hail Livery, including a Taxicab required to be hacked up with a vehicle that qualifies as an Accessible Vehicle.

(Amended City Record 10/23/2015, eff. 11/22/2015; amended City Record 12/15/2016, eff. 1/14/2017; amended City Record 5/17/2018, eff. 6/16/2018; amended City Record 12/11/2018, eff. 1/10/2019; amended City Record 12/9/2020, eff. 1/8/2021)

§ 53-04 Comply with Law – Approved Driver.

   (a)   Comply with this Chapter. All Accessible Taxicab Owners, Accessible Street Hail Livery Owners and all Approved Drivers must comply with all provisions of this chapter. Agents for Accessible Taxicab Owners and bases dispatching or acting on behalf of Accessible Street Hail Liveries under 35 RCNY § 59B-04.2 must also comply with these Rules where applicable.

   (b)   Driver Responsibility. An Accessible Vehicle can only be driven by an Approved Driver; that is, one who has successfully completed Passenger Assistance and Wheelchair Accessible Vehicle Training.

 

35 RCNY § 53-04(b)

Fine: $400

Appearance NOT REQUIRED

 

   (c)   Owner Responsibility. A Taxicab Owner and a Street Hail Livery Owner may not allow Drivers who are not Approved Drivers and have not successfully completed Passenger Assistance and Wheelchair Accessible Vehicle Training, to operate the Owner's Accessible Taxicab or Street Hail Livery.

 

35 RCNY § 53-04(c)

Fine: $400

Appearance NOT REQUIRED

 

   (d)   Agent Responsibility. An Agent or a base may not allow Drivers who are not Approved Drivers and have not successfully completed Passenger Assistance and Wheelchair Accessible Vehicle Training to operate an Accessible Vehicle.

 

35 RCNY § 53-04(d)

Fine: $400

Appearance NOT REQUIRED

 

(Amended City Record 9/22/2016, eff. 10/22/2016; amended City Record 12/15/2016, eff. 1/14/2017; amended City Record 12/9/2020, eff. 1/8/2021)