(a) Maintenance of Current Rate Schedule.
(1) A Base Owner must file a Rate Schedule with the Commission, in a form approved by the Chairperson. This Rate Schedule must include any lawful price multipliers or variable pricing policies and the Base's rates for rides dispatched by the Base for Pre-Arranged Trips provided by Street Hail Liveries, if the Base dispatches Street Hail Liveries.
(2) A new Rate Schedule must be filed:
(i) Whenever rates are changed and also
(ii) Annually, no later than the anniversary date of the License,
(iii) With every renewal application
(iv) With any application to change the Ownership or location of the Base.
(3) Failure to file a Rate Schedule with a renewal application or an application to change Ownership or location will result in denial of the application by the Chairperson.
35 RCNY § 59B-21(a) | Fine: $50 | Appearance NOT REQUIRED |
(b) Hours of Operation. A Base Owner must file with the Chairperson the Base's hours of operations and must notify the Chairperson of any change in the hours of operation.
35 RCNY § 59B-21(b) | Fine: $50 | Appearance NOT REQUIRED |
(c) Public Access Information.
(1) A Base Owner must file with the Chairperson all contact information made available to or offered to the public for purposes of pre-arranging transportation for hire, including but not limited to telephone numbers, smartphone applications, websites, and email addresses.
(2) If the contact information made available to or offered to the public for purposes of pre-arranging transportation for hire cannot be used to contact the Base for trip-related customer service, a Base Owner must file with the Chairperson a working customer service telephone number and/or email address.
(3) These telephone numbers, smartphone applications, websites, email addresses, and other contact information and methods can be used only with the name of the Base or the Base's trade, business or operating name approved under 35 RCNY § 59B-20(a).
35 RCNY § 59B-21(c) | Fine: $100 | Appearance NOT REQUIRED |
(d) Affiliated Vehicles and Drivers List.
(1) A Base Owner must maintain paper or electronic records of all For-Hire Vehicles that are or have been affiliated with or dispatched by the Base during the prior 12-month period, including, as applicable:
(i) Dates of affiliation,
(ii) Vehicle identification numbers,
(iii) Department of Motor Vehicles (or equivalent) registration numbers,
(iv) For-Hire Vehicle License numbers,
(v) Inspection records.
(vi) Copies of forms affiliating and disaffiliating Vehicles.
(2) A Base Owner must maintain paper or electronic records of all Drivers of these Vehicles including:
(i) Dates of operation,
(ii) Department of Motor Vehicles driver's license numbers,
(iii) TLC Driver License numbers.
35 RCNY § 59B-21(d)(1) & (2) | Fine: $50 | Appearance NOT REQUIRED |
(3) Filing Notice with the Commission. A Base Owner, other than a High-Volume For-Hire Service, must send the Commission the list of affiliated Drivers and Vehicles (described in (1) and (2) above) on a quarterly basis. High-Volume For-Hire Services must report eligible drivers and affiliated Vehicles to the Commission on a monthly basis pursuant to 35 RCNY § 59D-16(d).
35 RCNY § 59B-21(d)(3) | Fine: $100 | Appearance NOT REQUIRED |
(4) Special Reporting Requirements for Street Hail Livery Bases. A Street Hail Livery Base Owner must maintain and report all information required by this subdivision 59B-21(d) electronically in a format specified by the Commission. All such information must also be maintained by the Street Hail Livery Base Owner for at least 12 months.
35 RCNY § 59B-21(d)(4) | Fine: $500 | Appearance NOT REQUIRED |
(e) Evidence of Compliance with Off-Street Parking Rules – Livery Base Only. A Livery Base Owner must maintain and have available for inspection at the Base the evidence of compliance with off street parking requirements in the form required by 35 RCNY § 59B-15(J).
35 RCNY § 59B-21(e) | Fine: $50 | Appearance NOT REQUIRED |
(f) Compliance with all Record Keeping Rules. A Base Owner must comply with all record-keeping procedures established and required by the Commission.
35 RCNY § 59B-21(f) | Fine: $50 if plead guilty before a hearing; $100 if found guilty following a hearing. | Appearance NOT REQUIRED |
(g) Information Security and Use of Personal Information Policy. If the Base collects or maintains passenger "Personal Information," as defined by New York General Business Law §899-aa(1)(a), or if the Base collects or maintains passenger geolocation data, the Base Owner must file with the Commission a current detailed information security and use of personal information policy. Such policy must include, a minimum:
(1) a statement of internal access policies relating to passenger and driver personal information for employees, contractors, and third party access, if applicable;
(2) a statement that, except to the extent necessary to provide credit, debit, and prepaid card services and services for any application that provides for electronic payment, personal information will only be collected and used with such passenger's affirmative express consent and that such personal information will not be used, shared, or disclosed, except for lawful purposes;
(3) procedures for notifying the Commission and affected parties of any breach of the security of the system, pursuant to section 899-aa of the General Business Law;
(4) a statement that any credit, debit, or prepaid card information collected by the Base or a credit, debit, or prepaid card services provider is processed by the Base or such provider in compliance with applicable payment card industry standards, and;
(5) a statement of the Base's policies regarding the use of passenger geolocation information, which must include, at a minimum, a prohibition on the use, monitoring, or disclosure of trip information, including the date, time, pick-up location, drop-off location, and real-time vehicle location and any retained vehicle location records, without such passenger's affirmative express consent.
(h) Compliance with Information Security and Use of Personal Information Policy. Any Base that files with the TLC an information security and use of personal information policy must comply with the terms of such policy.
(i) Security Breach. If the Base is required to make disclosures under New York State or Federal law regarding security breaches, including the New York State Information Security Breach and Notification Act (General Business Law §899-aa), the Base Owner must inform the Commission immediately following such disclosure(s).
35 RCNY § 59B-21 (h) and (i)
| Penalty: $1,000 fine per day and suspension until compliance | Appearance REQUIRED |
(Amended City Record 6/29/2015, eff. 7/29/2015; amended City Record 7/7/2016, eff. 8/6/2016; amended City Record 9/22/2016, eff. 10/22/2016; amended City Record 12/9/2020, eff. 1/8/2021; amended City Record 6/30/2021, eff. 7/30/2021)