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(a) Unauthorized Tampering. Unless authorized by the Commission, no person will tamper with, alter, repair or attempt to repair any portion of the Taximeter system that would affect the operation of the Taximeter or the Technology System, including, but not limited to:
(1) The Taximeter
(2) The Technology System
(3) Any seal affixed to the Taxicab by a licensed Taximeter repair shop or other authorized facility
(4) Any cable connection, cable system electrical wiring, or wireless connections
(5) The vehicle's mechanism or its tires.
(b) Owner's Responsibility. The Owner is responsible for any tampering, alteration or any unauthorized repair or attempt to repair.
(c) Owner's Defense. It will be an affirmative defense to a violation of this section that the Owner:
(1) Did not know of or participate in the alleged tampering of the Taximeter or Technology System; and
(2) Exercised due diligence to ensure that tampering with the Taximeter or Technology System does not occur. Examples of an Owner's due diligence include, but are not limited to:
(i) Clearly warning Drivers that if they violate the Taximeter or Technology System tampering rules, Owner will:
A. Immediately terminate any lease agreement Owner has with the Driver; and
B. Report the tampering violation to the Commission, which will result in the probable revocation of their TLC Driver License;
(ii) Including the warning against violating the Taximeter and Technology System tampering rules as a provision in any written lease agreement;
(iii) Stamping the warning against violating the Taximeter and Technology System tampering rules on any written Trip Records whenever paper Trip Records must be issued to one or more Taxicab Drivers;
(iv) Conducting periodic random comparisons of the odometer and the Taximeter mileage readings of a Taxicab to check for any inappropriate disparities;
(v) Conducting periodic random inspections of the Taximeter and the Technology System in all the Owner's Taxicabs to detect any evidence of tampering; and
(vi) Having all of the Owner's Taxicabs inspected by a licensed Taximeter shop once every inspection cycle.
(d) Notify the Commission of Tampered, Unauthorized or Removed Taximeter. An Owner must notify the Commission by telephone immediately, and in writing within 24 hours, upon discovering any of the following:
(1) Any Taximeter other than the Taximeter approved by the Commission (as indicated on the Rate Card) has been installed in the Owner's Taxicab;
(2) Any Taximeter seal in the Owner's Taxicab has been removed or tampered with;
(3) Any unauthorized device has been connected to any Taximeter, any seal, cable connection or electrical wiring, in the Owner's Taxicab, which can affect the operation of the Taximeter;
(4) Any intervening connections, splices, "Y" connections or direct or indirect interruptions or connections of any kind whatsoever have been discovered on any wiring harness attached to the Taximeter in the Owner's Taxicab.
35 RCNY § 58-39(d) (1)-(4) | Fine: $500 - $1,000 and/or suspension up to 60 days or revocation | Appearance REQUIRED |
(e) Inspections by Authorized Person.
(1) A Taxicab's Taximeter must be tested for accuracy over a measured mile course and its installation must be tested for compliance with the rules of the Commission.
(2) Only personnel authorized by the Commission can perform these tests.
(3) These two inspections must be completed and the results of the tests indicated on the Rate Card in each of the following circumstances:
(i) At least once every 12 months.
35 RCNY § 58-39(e)(3)(i) | Fine: $150 if plead guilty before a hearing; $200 if found guilty following a hearing. | Appearance NOT REQUIRED |
(ii) Whenever a Taximeter is installed in a vehicle or a Taximeter's metrological system is updated.
35 RCNY § 58-39(e)(3)(ii) | Fine: $100 | Appearance NOT REQUIRED |
(iii) When the transmission or differential is altered, repaired or replaced
35 RCNY § 58-39(e)(3)(iii) | Fine: $50 | Appearance NOT REQUIRED |
(iv) When a change is made in any other part of the Taxicab that can affect the Taximeter reading
35 RCNY § 58-39(e)(3)(iv) | Fine: $50 | Appearance NOT REQUIRED |
(v) At any other time required by the Commission.
35 RCNY § 58-39(e)(3)(v) | Fine: $100 | Appearance NOT REQUIRED |
(Amended City Record 9/22/2016, eff. 10/22/2016; amended City Record 5/17/2018, eff. 6/16/2018)
(a) Required Installation. Owners must ensure that all of their Taxicabs are equipped with a Technology System provided by a licensed Technology System Provider, and otherwise meet the requirements of these provisions.
35 RCNY § 58-40(a)
| Fine: $1,000 and suspension until compliance | Appearance REQUIRED |
(b) E-Hail Application. Any licensed E-Hail Application that provides for E-Payment used in a Taxicab must integrate with the Technology System or Taximeter. Owner must not allow any E-Hail Application to be used to process payment that is not a licensed E-Hail Application.
35 RCNY § 58-40(b)
| Fine: $350 if plead guilty before a hearing; $500 if found guilty following a hearing. | Appearance NOT REQUIRED |
(Amended City Record 9/22/2016, eff. 10/22/2016; amended City Record 5/17/2018, eff. 6/16/2018)
(a) Good Working Order. Owners must ensure that the Technology System equipment is constantly maintained and is in good working order.
35 RCNY § 58-41(a)
| Fine: $150 if plead guilty before a hearing and supply a condition corrected form issued by TLC's Safety and Emissions Division; $200 if found guilty following a hearing. Suspension until the condition is corrected. | Appearance NOT REQUIRED |
(b) Failure to Operate.
(1) If the Technology System malfunctions or fails to operate, an incident report must be filed with the licensed Technology System Provider within two hours following the discovery of the malfunction.
(2) If the Driver or Owner's Agent filed the incident report, the Owner will not be required to file a separate incident report but must verify the filing by obtaining the incident report number.
(3) The Owner or Owner's Agent must meet the appointment for repair scheduled by the Technology System Provider following the incident report.
(c) 48-Hour Repair Deadline. A Taxicab in which any material feature of the Technology System is not functioning must not operate more than 48 hours following the timely filing of an incident report.
35 RCNY § 58-41(c)
| Fine: $250 and suspension until compliance | Appearance REQUIRED |
(d) Repealed.
(Amended City Record 9/22/2016, eff. 10/22/2016; amended City Record 5/17/2018, eff. 6/16/2018; amended City Record 2/2/2023, eff. 3/4/2023)
(a) Who Can Use. Only a Fleet can maintain and use Stand-By Vehicles.
(b) When Used. A Stand-by Vehicle can be used in place of a currently Licensed Taxicab only in the following circumstances and for the length of time indicated below:
(1) When the currently Licensed Taxicab is out of service for repairs or for required inspection, until the repairs or inspection have been completed
(2) When a Vehicle has been stolen, for no more than 30 days after the date stolen
(3) When a vehicle has been permanently retired from service, for no more than 30 days from the date of retirement.
(c) Maximum Number of Stand-By Vehicles. A Fleet can maintain Stand-by Vehicles equal to 10% of the total number of current Medallion Taxicabs owned or operated by the Fleet.
(d) Medallion to be Transferred to Stand-By Vehicle. When a Stand-by Vehicle is Dispatched, the Medallion and Medallion number in the Roof light of the out-of-service Taxicab must be transferred to the Stand-by Vehicle.
(e) Required in the Stand-By Vehicle. A Stand-by Vehicle must not be Dispatched unless the SBV transfer form and the SBV Rate Card are present in the vehicle.
35 RCNY § 58-42(a)-(e) | Fine: $50 - 350 and/or suspension up to 30 days. | Appearance REQUIRED |
(a) Applicability of the "Medallion Transfer" Sections.
(i) Purchase
(ii) Gift
(iii) Bequest, or
(iv) Operation of law.
(2) These provisions do not apply to the sale or resale of Medallions by the Commission, as described in 35 RCNY Chapter 65.
(3) Except where the provisions specifically reference Secured Lenders, these provisions do not apply to Secured Lender Recipients.
(b) Overview of Requirements to Complete and Effect Transfer. The transfer of an interest in a Taxicab Medallion will be complete and effective upon all of the following:
(1) Commission Approval. Commission approval of the Transferee's application
(2) Proper Appearances. All persons described in 35 RCNY § 58-44(a) below must appear before the Commission.
(3) Transfer Tax Payment. A Transferee of a Taxicab Medallion must satisfy his or her transfer tax liability as determined by the NYC Department of Finance, prior to or at the time of transfer.
(5) Fulfillment of Tort Liability Requirements. The parties to the transfer must fulfill the Tort Claim liability requirements set forth in 35 RCNY § 58-47, below.
(6) Fulfillment of the Medallion Clearance Requirements. The parties to the transfer must fulfill the applicable Medallion Clearance Requirements set forth in 35 RCNY § 58-46 below.
(7) Medallion Put into Service. Each Transferee, as well as any Administrator seeking to operate a Medallion under 35 RCNY § 58-48 below, must place the Medallion in service with a Hacked-up Taxicab vehicle within seven days of approval of the approval of the application.
35 RCNY § 58-43(b)(7) | Fine: $250 | Appearance NOT REQUIRED |
(c) Comply with Transfer Provisions.
(1) No person or entity is permitted to attempt to transfer or participate in the transfer of an interest in any Taxicab Medallion without fulfilling the requirements of subdivision (b) above, as applicable.
(2) The mere act of submitting a transfer application to the Chairperson will not be considered as a violation of this subdivision.
35 RCNY § 58-43(c) | Fine: $10,000 per entity, per Medallion and attempted transfer invalid, applicable to any person or persons (transferor, transferee or both) whose actions constituted a violation; Revocation may be ordered. | Appearance NOT REQUIRED |
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