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(a) Material Misrepresentation.
(1) The Commission can deny an application for a License or its renewal and revoke or suspend any License issued if it finds that an Applicant has made a material misstatement or misrepresentation on an application for a License or its renewal.
(2) The Commission must send notice and conduct a hearing before revoking or suspending any License already issued.
(b) Violation of NYS Franchise Act.
(1) The Commission will not grant a License or renew a License when the base owner is offering and selling franchises in violation of the New York Franchise Sales Act (for the purposes of this subdivision, "Act").
(2) The Commission can also suspend or revoke the License of any Base Owner found to have violated the Act.
(3) In determining whether a Base Owner is in violation of the Act, the Commission can rely upon the written advice of the New York State Department of Law certifying to the Commission that the Base Owner is in violation of the Act.
(c) In determining whether a Base Owner is in violation of the Act, the Commission can rely upon the written advice of the New York State Department of Law certifying to the Commission that the Base Owner is in violation of the Act.
(d) Livery Base Station-Criteria for Reviewing New Application. In reviewing an application for a License to operate a Livery Base Station, the Commission will examine and consider the following factors:
(1) Any negative impact on Other Transportation Systems, including:
(i) The adequacy of existing mass transit and mass transportation facilities to meet the transportation needs of the public
(ii) Any negative impact that the proposed operation might have on those existing services
(iii) The extent and quality of service provided by existing, legally operating For-Hire Vehicles and Taxicabs
(2) Any negative impact on quality of life in the vicinity of the Base Station, including: (i) Traffic congestion
(ii) Sidewalk congestion
(iii) Noise.
(e) Livery Base Station – Compliance with Rules.
(1) In reviewing an application to renew a Base Station License, the Commission will consider whether the Licensee has violated any applicable Rule of the Commission.
(2) No Livery Base Station will be renewed if the Applicant has been found guilty of violating the off-street parking requirements described in 35 RCNY § 59B-15(j).
(f) Revocation for Livery Fund violations.
(1) No Livery Base Station License will be issued to an Applicant if a Livery Base Station License previously held by Applicant was revoked for violations of Article 6-G of the NYS Executive Law.
(2) A Livery Base Station License previously held by an Applicant includes any Livery Base Station License held by any Licensee in which any of Applicant's Limited Business Entity Persons was also a Limited Business Entity Person.
(3) The ban on issuance will continue for five years following the revocation, and until
(i) Any money owed to the Livery Fund on the account of the revoked License is paid or
(ii) The Livery Fund agrees on a payment plan for money owed to it.
(g) Failure to Complete Application Requirements.
(1) The Chairperson will deny an application for a new Black Car Base or Luxury Limousine Base License if the Applicant has not completed all the requirements of an application within 90 days of the date the application is filed.
(2) The Chairperson will deny an application for a renewal Black Car Base or Luxury Limousine Base License if the Applicant has not completed all the requirements of an application by the expiration date of the prior License.
(3) The Chairperson will deny an application for a new or renewal Livery Base Station License if the Applicant has not completed all the requirements of an application and has not completed all the requirements for Licensing as a Livery Base Station set forth in 35 RCNY § 59B-05 within 90 days of Commission approval of the application.
(4) The Chairperson will not deny an application under this Rule if completion is delayed because the Chairperson has not issued a final decision and the Applicant has complied with any requests made by the Chairperson.
(h) Additional Consideration of an Application. If a review of the application leads the Chairperson to believe that the Applicant may not be Fit to Hold a License to operate a Base Station, the Chairperson may seek additional information from the Applicant. This request for additional information may be an in-person interview, telephone call, letter, e-mail, or other method of communication. This additional consideration may result in the denial of the application. Failure to provide any requested information within the time frame requested, or failure to appear at a scheduled interview will result in a denial of the application.
(a) Transfer Requirements for All For-Hire Bases. Any For-Hire Base License or Ownership interest in the Licensee can be transferred to a proposed transferee if all of the following conditions are met:
(1) The transferee demonstrates to the satisfaction of the Commission the qualifications to assume the duties and obligations of a Base Owner.
(2) All the outstanding fines, penalties, and other liabilities that the transferor owes to the Commission have been satisfied.
(3) The Commission approves the transfer and any changes in corporate officers or directors.
(4) Both the transferor and transferee must appear in person as directed by the Chairperson to complete the transfer:
(i) A party who is an individual must appear in person
(ii) A party that is a partnership must be represented by a general partner
(iii) A party that is a corporation must be represented by a Limited Business Entity Person.
(5) No transfer or change will be effective until approved and the Chairperson has given notice of the approval to the Licensee.
(b) Additional Requirements for Transfers of a Livery Base Station.
(1) Additional Bond for Tort Liabilities. The transferor or the transferee files an additional bond to cover the transferor's tort liabilities (if any) that have arisen out of the operation of a Base Station, that remain outstanding and that exceed the amount covered by any bond or insurance policy already in effect.
(2) Transferee Business Plan. The transferee provides a business plan meeting the requirements in 35 RCNY § 59B-05(d) above.
(3) Transfer While Judgment Pending. No voluntary transfer of a Base Station License can be made if a judgment docketed with the clerk of court of any county within the City of New York remains unsatisfied against the Licensee and in favor of any Government agency. However, the transfer can be permitted under one of the following conditions:
(i) A bond is filed in an amount sufficient to satisfy the judgment.
(ii) All the judgment creditors of a Licensee file written permission for the transfer with the Commission.
(iii) The proceeds from the transfer are paid into court or held in escrow, on terms and conditions approved by the Commission, to protect the rights of all parties that have a legitimate interest.
(4) Criteria for Approving Proposed Transferee. In reviewing a proposed transfer of a Base Station License or of the ownership interest in the License, the Commission will consider the following:
(i) The criminal history of the proposed transferee and of the transferee's Business Entity Persons, if any
(ii) Any relevant information maintained in the records of the DMV or the Commission
(iii) The transferee's financial stability
(5) Criteria for Denying Proposed Transferee. A transfer will not be approved if, in the past two years, the proposed transferee or any Business Entity Person of the proposed transferee, where appropriate, has been found to have violated any law or rule involving any of the following:
(i) Assault of a Passenger, official, or member of the public in connection with any matter relating to a For-Hire Vehicle
(ii) Giving or offering an unlawful gratuity to a public servant, as defined in § 10.00 of the NYS Penal Law
(iii) Providing the Commission with false information
(iv) Three unexplained failures to respond to an official communication from the Commission or the Department of Investigation that was sent by certified mail, return receipt requested
(c) Street Hail Livery Base Licenses Not Transferrable.
(1) Street Hail Livery Base Licenses can only be used in connection with the specific entity to which they were initially issued (i.e. the specific Livery Base to which the Street Hail Livery Base License was initially issued) and cannot be transferred for use by any other entity.
(2) A change in the ownership structure of or an ownership interest in an owner of a Street Hail Livery Base License is valid only if the conditions of 35 RCNY § 59B-09(a) are met.
(a) Base License Required. No person or entity is permitted to operate a business as a Livery Base Station, Black Car Base or Luxury Limousine Base without a Valid For-Hire Base License from the Commission. No person or entity is permitted to operate a business as a Street Hail Livery Base without a Valid Street Hail Livery Base License from the Commission.
35 RCNY § 59B-11(a) | Fine: $200 - $1,500 Penalty Point: 1 Administrative Code Penalties for Unlicensed Activity | Appearance REQUIRED |
(b) For-Hire Vehicle License and Commission License Plate.
(1) A Base Owner must not dispatch any For-Hire Vehicle unless:
(i) A Vehicle registered in NYS has license plates embossed with the legend "T & LC"
(ii) A Vehicle registered in a state other than New York has complied with any applicable license plate requirements.
(iii) The vehicle has a Valid For-Hire Vehicle License.
(2) The Commission will post a list of Validly Licensed For-Hire Vehicles on its Web site.
(3) In addition to the other requirements of this Rule, a Street Hail Livery Base Owner must not dispatch a vehicle to engage in the business of being a Street Hail Livery unless the vehicle has a Valid Street Hail Livery License.
35 RCNY § 59B-11(b) | Base Owner Fine: $300 Penalty Points: 1 Administrative Code Penalties for Unlicensed Activity | Appearance NOT REQUIRED |
(c) Valid TLC Driver License Required.
(1) A Base Owner must not dispatch any Vehicle unless its driver possesses a Valid TLC Drives License.
(2) The Commission will post on its Web site a list of Drivers holding Valid TLC Driver Licenses.
(3) In addition to the other requirements of this Rule, a Street Hail Livery Base Owner must not dispatch a Vehicle to engage in the business of being a Street Hail Livery unless the Driver possesses a Valid TLC Driver License or, in the event the Vehicle is an Accessible Street Hail Livery, a Valid License to operate a Paratransit Vehicle.
35 RCNY § 59B-11(c) | Base Fine: $500 for the first violation in 12 months; $800 for each subsequent offense within a 12-month period | Appearance NOT REQUIRED |
(d) Valid Chauffeur's License Required.
(1) A Base Owner must not dispatch any Vehicle unless it is being driven by a Driver with a Valid Chauffeur's License.
(2) A Vehicle Owner is responsible for knowing the status of the state-issued driver's license for any Driver dispatched in one of Owner's Vehicles.
35 RCNY § 59B-11(d) | Base Fine: $500 except if the DMV status of the driver's license is not available on the Commission's website. | Appearance NOT REQUIRED |
(e) Advertising of Unlicensed For-Hire Service. A base owner must not hold him or herself out to the public as a for-hire service without a current License issued by the Commission for that activity. "For-Hire" service includes Livery, Black Car, High-Volume For-Hire or Luxury Limousine service.
35 RCNY § 59B-11(e) | Fine: $350 for the first violation; $500 for the second violation; revocation for the third violation within 36 months | Appearance REQUIRED |
(f) Unapproved Transfer of Base Location. A Base Owner who moves a Base to any location without the prior approval of the Commission is engaging in Unlicensed Activity.
35 RCNY § 59B-11(f) | Fine: $200 - $1,500 and Suspension of Base License until compliance Penalty Point: 1 | Appearance REQUIRED |
(Amended City Record 9/22/2016, eff. 10/22/2016; amended City Record 6/30/2021, eff. 7/30/2021; amended City Record 2/2/2023, eff. 3/4/2023)
(a) Livery Base Station.
(1) Compliance with Workers' Compensation Law.
(i) Every Livery Base Station must either
(A) be a member of the Livery Fund or
(B) maintain coverage under the NYS Workers' Compensation Law for all drivers dispatched.
(ii) Every Livery Base Station must maintain either Livery Fund membership or workers' compensation insurance coverage at all times.
(iii) A Livery Base Station that is an Independent Base Station must be a member of Livery Fund. To prove it is a member of the Livery Fund, a Livery Base Station must submit to the Commission:
(A) A copy of the affirmation given by the Livery Base Station to the Workers' Compensation Board as required by § 18-c(2) of the NYS Workers' Compensation Law and
(B) A copy of any certificate of membership or similar documentation issued by the Livery Fund.
(iv) A Livery Base Station that is not an Independent Base Station must buy insurance providing compensation under the NYS Workers' Compensation Law for all drivers dispatched. To prove that it has bought insurance coverage, a Livery Base Station must submit to the Commission:
(A) a current certificate of insurance and
(B) proof that the insurer is licensed by the NYS Insurance Department, together with a list of authorized signatories.
35 RCNY § 59B-12(a)(1) | Fine: $25 for each day of non-compliance up to $5,000 and either suspension until compliance or Livery Base License revocation. | Appearance REQUIRED |
(2) Audit of Independent Base Stations. The Commission can audit any Independent Base Station as provided in § 18-c(2)(g) of the NYS Workers' Compensation Law.
(3) Coercion Prohibited. An Independent Base Station must not coerce any driver or vehicle owner into making false statements or refrain from reporting any violation of Article 6-G of the NYS Executive Law.
35 RCNY § 59B-12(a)(3) | Fine: $1,000 - $5,000 and or suspension of Livery Base License and membership in Livery Fund for up to 2 years. | Appearance REQUIRED |
(4) Enforcement on Request. The Commission will enforce the provisions of this paragraph (4) only at the request of the Livery Fund or the NYS Workers' Compensation Board. The Livery Fund or NYS Workers' Compensation Board can ask the Commission to enforce these rules by filing a complaint against a Livery Base. The complaint will include documentation of the violation.
(i) An Independent Base Station must pay any assessment by the Livery Fund within 30 days of the assessment.
35 RCNY § 59B-12(a)(4)(i) | Fine: $500 for each 30 days after notice payment is overdue, plus payment of the overdue amount plus interest on such amount at 12% per annum, together with either suspension until compliance or revocation of license and Livery Fund membership. | Appearance REQUIRED |
(ii) If an Independent Base Station License is suspended or revoked for failure to pay an assessment, the License cannot be reinstated, and the Independent Base Station cannot apply for a new or renewal license until:
(A) The Independent Base Station pays any money it owes to the Livery Fund or
(B) The Livery Fund agrees on a payment plan for money owed to it.
(iii) An Independent Base Station must not make a materially false statement in the sworn affirmation required by § 18-c(2) of the Workers' Compensation Law.
35 RCNY § 59B-12(a)(4)(iii) | Fine: $1,000 - $10,000 and/or Livery Base License revocation for up to 5 years for first offense and permanent bar to licensure for second. | Appearance REQUIRED |
(iv) Any Independent Base Station found to have made a materially false statement under (iii) of this subparagraph on two separate occasions may not apply for or hold a Livery Base Station License.
(v) An Independent Base Station must not make any material misrepresentation about:
(A) the number of Vehicles affiliated with the Independent Base Station,
(B) the number of owners of such Vehicles, or
(C) the number of drivers dispatched by the Independent Base Station.
(D) Material misrepresentation includes any temporary alteration of records to reduce the numbers of vehicles or drivers.
35 RCNY § 59B-12(a)(4)(v) | Fine: $1,000 - $5,000 and/or Livery Base License suspension or Livery Base License revocation for up to 2 years. | Appearance REQUIRED |
(5) Cessation of Benefits to Drivers. Upon filing with the Workers' Compensation Board to end the payment of benefits to the Driver of an affiliated Vehicle who has recovered from a disability and is ready to return to work, a Base Owner must provide the Driver with documentation that benefits have been stopped in order for the Commission to return that Driver's License.
35 RCNY § 59B-12(a)(5) | Fine: $100 - $250 | Appearance REQUIRED |
(b) Black Car Bases, Luxury Limousine Bases, and High-Volume For-Hire Services.
(1) Membership in the Black Car Operators' Injury Compensation Fund.
(i) Every Black Car Base, Luxury Limousine Base, and High-Volume For-Hire Service must become and remain a member of the Black Car Fund and must register with the Department of State as a Member of the Black Car Fund.
(ii) This provision does not apply to a Black Car or Luxury Limousine Base that owns fifty (50%) percent or more of the Vehicles it dispatches.
35 RCNY § 59B-12(b)(1) | Fine: $25 for each day of non-compliance, to a maximum of $10,000, and either suspension until compliance or Base License revocation | Appearance REQUIRED |
(2) Submit Certificate of Registration with the Fund. Every Black Car Base, Luxury Limousine Base, and High-Volume For-Hire Service must:
(i) Provide the Commission with a copy of its certificate of registration with the Black Car Fund.
(ii) Pay to the Department of State all fees due as required by State law.
35 RCNY § 59B-12(b)(2) | Fine: $25 for each day of non-compliance, to a maximum of $10,000, and either suspension until compliance or Base License revocation | Appearance REQUIRED |
(3) Bill and Collect Surcharge. Every Black Car Base, Luxury Limousine Base, and High-Volume For-Hire Service member of the Black Car Fund must, for every trip dispatched from that Base, bill and collect the surcharge established by the Black Car Fund and required by State law in the manner prescribed by the Black Car Fund and State law.
35 RCNY § 59B-12(b)(3) | Fine: $25 for each day of non-compliance, to a maximum of $10,000, and either suspension until compliance or Base License revocation, together with revocation of Black Car Fund membership | Appearance REQUIRED |
(4) Remit Surcharges. Every Black Car Base, Luxury Limousine Base, and High-Volume For-Hire Service must forward to the Black Car Fund all surcharges due and owing under paragraph (3), above, no later than the 15th day of the month following the month in which the surcharge is collected.
35 RCNY § 59B-12(b)(4) | Fine: $500 - $5,000 for each 20 days the payment is overdue, and suspension until compliance or revocation, together with restitution to the Black Car Fund of any unpaid amount, together with interest at the rate of 12 percent per annum, together with revocation of Black Car Fund membership. | Appearance REQUIRED |
(5) Comply with all Rules of the Black Car Fund. Every Black Car Base, Luxury Limousine Base, and High-Volume For-Hire Service must comply with all applicable provisions of law governing the Black Car Fund, and all rules and regulations.
35 RCNY § 59B-12(b)(5) | Fine: $500 - $10,000 and suspension until compliance or revocation | Appearance REQUIRED |
(6) Enforcement at Black Car Fund's Request. The Black Car Fund can ask the Commission to enforce these rules by filing a complaint against a Black Car Base, Luxury Limousine Base, or High-Volume For-Hire Service. The complaint will include documentation of the violation.
(c) Street Hail Livery Bases.
(1) Every Street Hail Livery Base must comply with the NYS Workers' Compensation Law and maintain the coverage required.
(Amended City Record 6/30/2021, eff. 7/30/2021)
(a) Bribery Prohibited.
(1) Appearance of Bribery. An Applicant or Licensee must not offer or give any gift, gratuity or thing of value to any employee, representative or member of the Commission, or any other public servant.
35 RCNY § 59B-13(a)(1) | Fine: Revocation and $10,000 | Appearance REQUIRED |
(2) Demand for Gratuity. A Licensee must immediately report to the Commission any request or demand for a gift, gratuity, or thing of value by any employee, representative, or member of the Commission or any other public servant.
35 RCNY § 59B-13(a)(2) | Fine: $1,000 up to Revocation | Appearance REQUIRED |
(3) Prohibited Offer of Gift to Airport or Transportation Terminal Staff. A Licensee must not offer or give any gift, gratuity, or thing of value to a person or persons employed at any airport or other transportation terminal to provide ground transportation information services, dispatching service, security services, traffic and parking control, or baggage handling.
35 RCNY § 59B-13(a)(3) | Base Fine: $1,000 up to revocation | Appearance REQUIRED |
(b) Fraud, Theft. While performing the duties and responsibilities of a Licensee, a Licensee must not commit or attempt to commit, alone or in concert with another, any act of fraud, misrepresentation or theft.
35 RCNY § 59B-13(b) | Fine: $350 - $1,000 and/or suspension up to 60 days or revocation | Appearance REQUIRED |
(c) Deliberate Acts of Omission. While performing the duties and responsibilities of a Licensee, a Licensee must not deliberately fail to perform, alone or with another, any act where this failure is against the best interests of the public, although not specifically mentioned in these Rules.
35 RCNY § 59B-13(c) | Fine: $150 - $350 and/or suspension up to 30 days or revocation | Appearance REQUIRED |
(d) Deliberate Acts of Commission. While performing the duties and responsibilities of a Licensee, a Licensee must not deliberately perform or attempt to perform, alone or with another, any act that is against the best interests of the public although not specifically mentioned in these Rules.
35 RCNY § 59B-13(d) | Fine: $150 - $350 and/or suspension up to 30 days or revocation | Appearance REQUIRED |
(e) Threats, Harassment, Abuse. While performing the duties and responsibilities of a Licensee, a Licensee must not threaten, harass, or abuse any person.
35 RCNY § 59B-13(e) | Fine: $350 - $1,000 and suspension up to 30 days | Appearance REQUIRED |
(f) Use or Threat of Physical Force. While performing the duties and responsibilities of a Licensee or any act in connection with those duties, a Licensee must not use or attempt to use any physical force against a person.
35 RCNY § 59B-13(f) | Fine: $500 - $1,500 and/or suspension up to 60 days or revocation | Appearance REQUIRED |
(g) No Threat or Harm to Service Animal. A Licensee must not distract, harm, or use physical force against or attempt to distract, harm, or use physical force against a Service Animal accompanying a person with a disability.
35 RCNY § 59B-13(g) | Fine: $500 - $1,500 and/or suspension up to 60 days or revocation | Appearance REQUIRED |
(h) Notice of Criminal Conviction.
(1) A Licensee must notify the Commission within 15 calendar days after any felony conviction of the Licensee or of any of Licensee's officers or members.
(2) The notice must be in writing and must be accompanied by a certified copy of the certificate of disposition issued by the clerk of the court explaining what happened as a result of the conviction.
35 RCNY § 59B-13(h) | Fine: $50 | Appearance NOT REQUIRED |
(i) Failure to Cooperate with Law Enforcement. A Licensee must cooperate with all law enforcement officers and all authorized representatives of the Commission. Cooperation includes, but is not limited to, responding to a request for the Licensee's name, License number, and any documents Licensee is required to have in his or her possession.
35 RCNY § 59B-13(i) | Fine: $15 - $150 | Appearance REQUIRED |
(j) Failure to Cooperate with the Commission.
(1) A Licensee must truthfully answer all questions and comply with all communications, directives, and summonses from the Commission or its representatives.
(2) Within five business days following a request from the Commission, a Licensee must produce any Licenses or other documents the Licensee is required to have.
(3) Licensee must aid the Commission in obtaining information it seeks regarding Drivers or Vehicles affiliated with the Base.
35 RCNY § 59B-13(j)(1)-(3) | Fine: $200 and suspension until compliance | Appearance REQUIRED |
(4) Within 48 hours, a Licensee must respond to any contact from the Commission, seven days a week.
35 RCNY § 59B-13(j)(4) | Fine: $500 | Appearance NOT REQUIRED |
(k) Courtesy. A Licensee must be courteous to Passengers.
35 RCNY § 59B-13(k) | Fine: $150 | Appearance NOT REQUIRED |
(l) MTA Tax.
(1) The MTA Tax must be charged on any Hail Trip in a Street Hail Livery that starts in New York City and ends in any of the following:
(i) New York City
(ii) Dutchess County
(iii) Nassau County
(iv) Orange County
(v) Putnam County
(vi) Rockland County
(vii) Suffolk County
(viii) Westchester County
(2) A Street Hail Livery Base must ensure that the Taximeter in each Street Hail Livery affiliated with the Base is adjusted to properly collect the MTA Tax for Hail Trips.
(3) A Street Hail Livery Base must collect the MTA Tax due for each Hail Trip made by a Street Hail Livery affiliated with that Base from the Driver of the Street Hail Livery.
(4) A Street Hail Livery Base must remit all MTA Taxes due to the NYS Department of Taxation and Finance together with such returns as are required by NYS Department of Taxation and Finance as and when such taxes are due.
35 RCNY § 59B-13(l) | Fine: $1,000 per vehicle and suspension until compliance | Appearance REQUIRED |
(m) Facilitation of Sex Trafficking with a Vehicle. A Licensee must not Facilitate Sex Trafficking with a Vehicle.
35 RCNY § 59B-13(m) | Fine: $10,000 and revocation. | Appearance NOT REQUIRED |
(n) Retaliation.
(1) A For-Hire Base must not retaliate against any Driver or Vehicle owner for making a good faith complaint against any Base.
(2) Retaliation will be broadly construed, and will include imposing any adverse condition or consequence on the Driver or Vehicle owner or withholding or withdrawing any beneficial condition or consequence from the Driver or Vehicle owner.
35 RCNY § 59B-13(n) | Fine: $1,000 plus restitution to the driver or vehicle owner for losses for the first violation and a fine of $10,000 plus restitution to the driver or vehicle owner for the second violation within five years.
| Appearance NOT REQUIRED |
(Amended City Record 9/24/2015, eff. 10/24/2015; amended City Record 12/11/2018, eff. 1/10/2019; amended City Record 5/10/2023, eff. 6/9/2023)
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