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(a) To establish the procedures, rules and regulations for obtaining and maintaining a For-Hire Base License.
(b) To provide penalties for violations of the rules and requirements for maintaining a For-Hire Base License.
(Amended City Record 6/30/2021, eff. 7/30/2021)
(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 (except as provided in this Subchapter), or
(ii) Any person who does not hold a License or Authorization from the Commission;
(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 the 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:
(i) 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.
(a) Applicant in this Subchapter means an Applicant for an original or renewal For-Hire Base License.
(b) Base Agreement is any agreement or terms or conditions a Driver or Vehicle owner must accept or agree to in order to receive a dispatch from the For-Hire Base, any costs or fees the Driver or Vehicle owner must pay to a For-Hire Base, or any schedules or formulas used to calculate Driver or Vehicle owner earnings.
(c) Black Car is a Vehicle that affiliates with a Black Car Base or with a High-Volume For-Hire Service.
(d) Black Car Base is a "central dispatch facility" (as the term is defined in New York Executive Law, § 160-cc) and For-Hire Base, excluding a High-Volume For-Hire Service, that operates as follows:
(1) All Black Car Vehicles are dispatched on a pre-arranged basis;
(2) All Black Car Vehicles are owned by franchisees of the Base or are members of a cooperative that operates the Base; and
(3) More than ninety percent (90%) of the Base's business is on a payment basis other than direct cash payment by a Passenger.
(e) Black Car Fund is the New York Black Car Operators' Injury Compensation Fund, Inc. established under Article 6-F of the NYS Executive Law.
(f) Driver in this Subchapter means a For-Hire Driver.
(g) For-Hire Base (or "Base") is the Commission-licensed business for dispatching For-Hire Vehicles and the physical location from which For-Hire Vehicles are dispatched; a For Hire Base can be any of the following:
(1) A Black Car Base,
(2) A Livery Base (or Base Station),
(3) A Luxury Limousine Base,
(4) A High-Volume For-Hire Service.
(h) For-Hire Driver in this Subchapter means a Driver of a For-Hire Vehicle.
(i) For-Hire Vehicle is a motor Vehicle Licensed by the Commission to carry Passengers For-Hire in the City, which:
(1) Has a seating capacity of 20 or fewer Passengers
(2) Has three or more doors
(3) Is not a Taxicab, a Commuter Van, or an authorized bus as defined by NYS law
(j) Independent Base Station is a Livery Base Station that is designated as an independent livery base under § 18-c of the NYS Workers' Compensation Law because it has joined the Livery Fund.
(k) Independent Livery Driver is the Driver of a Livery which is affiliated with an Independent Base Station.
(l) License in this Subchapter means a For-Hire Base License.
(m) Livery is a For-Hire Vehicle that is affiliated with a Livery Base Station.
(n) Livery Base Station ("Base" or "Base Station") is a For-Hire Base that operates as follows:
(1) Livery Vehicles are dispatched from the Base on a pre-arranged basis.
(2) Livery Vehicles are designed to carry fewer than six (6) Passengers.
(3) Passengers are charged for service on the basis of a flat rate, time, mileage, or zones.
(o) Livery Fund is the independent livery driver benefit fund established under Article 6-G of the NYS Executive Law.
(p) Luxury Limousine is a For-Hire Vehicle that is affiliated with a Luxury Limousine Base.
(q) Luxury Limousine Base is a For-Hire Base that operates as follows:
(1) All Luxury Limousines are dispatched from the Base by pre-arrangement.
(2) Luxury Limousine Vehicles have a seating capacity of 20 or fewer Passengers.
(3) More than ninety percent (90%) of its business is on a payment basis other than direct cash payment by a Passenger.
(4) Passengers are charged "garage to garage" service on the basis of a flat rate, time or mileage.
(r) Mailing Address for a For-Hire Base will be the Base address.
(s) Owner in this Subchapter refers to a For-Hire Base Owner. An Owner can be a Business Entity or a person.
(t) Penalty Point is a non-monetary penalty assessed against either a Base Owner or the Owner of a For-Hire Vehicle if they are convicted of certain violations in this Chapter.
(u) Respondent means an individual or Business Entity who has been noticed and charged with a violation of one or more of these Rules or the Administrative Code, or with being unfit to hold a License.
(v) Vehicle in this Subchapter refers to a For-Hire Vehicle.
(Amended City Record 12/11/2018, eff. 1/10/2019; amended City Record 6/30/2021, eff. 7/30/2021)
(a) [Reserved.] Identification.
(b) [Reserved.] Age.
(c) Fingerprinting to Verify Good Moral Character.
(1) Initial Applicants. An individual or all Limited Business Entity Persons of a Business Entity applying for a Base License must be fingerprinted for the purpose of securing criminal history records from the New York State Division of Criminal Justice Services.
(2) Review of Criminal History. The criminal history must be reviewed in a manner consistent with Article 23-A of the New York State Correction Law.
(3) Additions or Changes to Applicant. Before or within five days after any change or addition to the Limited Business Entity Persons of a Business Entity Licensee:
(i) The Licensee must file an application with the Commission for approval of the change or addition on forms that are prescribed by the Commission.
(ii) The new Limited Business Entity Person(s) must be fingerprinted as required by this subdivision.
(4) The Applicant or Licensee must pay any processing fee required.
(d) [Reserved.] Designate Drivers as Agents to Receive Service.
(e) Bond Required.
(1) Before a For-Hire Base License will be issued or renewed, the Applicant must provide the Commission with a bond in the amount of $5,000 with one or more sureties to be approved by the Commission.
(2) The bond must be for the benefit of New York City and must guarantee the following:
(i) The Licensee will dispatch only vehicles that are currently licensed by the Commission and that have a current New York City commercial use motor vehicle tax stamp.
(ii) The Licensee will pay all civil penalties owed for violating any provision of this Chapter.
(3) The bond will permit the Commission to draw upon the bond to pay any penalties owed by the Base for any violation of this Chapter that has not been paid when due or after completion of any appeal.
(i) The Chairperson will give the Base Owner 30 days' notice before drawing upon the bond to pay any penalty.
(ii) If the Commission has to draw on the bond, the Base Owner will be assessed one Penalty Point.
(4) The bond must be maintained by the Base Owner for the term of the License.
35 RCNY § 59B-04(e) | Fine: $250 for failure to post or maintain bond; Penalty Points: One Penalty Point for draw on bond. | Appearance NOT REQUIRED |
(f) Payment of Fines and Fees.
(1) An Applicant, including an applicant for a renewal License, must pay, and provide proof of payment of, any outstanding fines or fees owed by the Applicant to
(i) the Commission,
(ii) NYC Department of Finance's Parking Violations Bureau,
(iii) NYC Department of Finance's Red Light Camera Unit,
(iv) NYS DMV's Traffic Violations Bureau and
(v) any of their successor agencies.
(2) This requirement includes payment of fines and fees owed as of the date of the application by
(i) any Business Entity Persons of the Applicant
(ii) any Business Entity of which the Applicant is a Business Entity Person, and
(iii) any Business Entity of which a Business Entity Person of Applicant is also a Business Entity Person.
(3) An Applicant, including an Applicant for a renewal License, must pay any fines related to their failure to surrender a previously revoked License (of any type), unless the Applicant can demonstrate in person or in writing that the License has been surrendered.
(g) Business Entities. An Applicant which is a Business Entity must provide the following documents:
(1) Partnerships. If the Applicant is a partnership, it must file with its application a certified copy of the partnership certificate from the clerk of the county where the partnership's principal place of business is located.
(2) Corporations. If the Applicant is a corporation, it must file with its application:
(i) A certified copy of its certificate of incorporation
(ii) A list of officers and shareholders
(iii) A certified copy of the minutes of the meeting at which the current officers were elected.
(3) Limited Liability Companies (LLCs). If the Applicant is a limited liability company, it must file with its application:
(i) A copy of its articles of organization
(ii) A copy of its operating agreement
(iii) A list of the members, with the percentages of the Applicant owned by each.
(h) Address. An Applicant must give the Commission the Applicant's current Mailing Address and Email Address.
(i) Fit to Hold License. An Applicant (including the individual, Business Entity or any Limited Business Entity Persons) must demonstrate that they are Fit to Hold a License.
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