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(a) Required Information. A Base Owner, other than a High-Volume For-Hire Service, must make sure that the following records are collected and transmitted to the Commission on a monthly basis in a format, layout and procedure prescribed by the Commission:
(1) With respect to all dispatched calls:
(i) The date, the time, and the location of the Passenger pickup and drop-off.
(ii) The Driver's TLC Driver License number.
(iii) The dispatched Vehicle's License number.
(iv) The TLC License number of the For-Hire Base that dispatched the Vehicle.
(v) The TLC License number of the For-Hire Base affiliated to the dispatched Vehicle.
(vi) Whether the Passenger is sharing the Vehicle for part or all of the trip with a Passenger from another dispatched call.
(vii) Where applicable, an indication that the trip concluded in a cancellation by the Passenger or Driver.
(2) Affidavit of No Dispatch. Where a base has not dispatched any trips in a reporting period, the base must submit an affidavit to the TLC affirming same. Use of e-signature on the TLC website will satisfy this requirement.
35 RCNY § 59B-19(a)(2) | Fine: $100 for each day past the date the affidavit is due if plead guilty before a hearing and suspension until compliance; $150 for each day past the affidavit due if found guilty following a hearing and suspension until compliance. Fine amount not to exceed $10,000. | Appearance NOT REQUIRED |
(3) Timely Submission of Trip Records.
(i) A base must submit trip records for a month's trips no later than the last day of the following month. For example, all September trip records will be due on October 31st. The following penalties accrue with respect to each untimely submission of trip records:
35 RCNY § 59B-19(a)(3) | Fine: $100 for each day past the date the records are due if plead guilty before a hearing and suspension until compliance; $150 for each day past the records are due if found guilty following a hearing and suspension until compliance. Fine amount not to exceed $10,000. | Appearance NOT REQUIRED |
(4) Incomplete Trip Records. With respect to all trip records submitted to TLC:
(i) Each set of submitted records must be complete and include all information listed in and required by paragraph (1) of this subdivision, and for those bases subject to Minimum Driver Payment Requirements, all information listed in and required by subdivision (d) of this section. The following penalties accrue with respect to each trip for which all required information was not submitted.
35 RCNY § 59B-19(a)(4)(i) | Fine: $100 per incomplete trip record for the first ten incomplete records and suspension until compliance; $500 per each incomplete record thereafter and suspension until compliance. Fine amount not to exceed $10,000. | Appearance NOT REQUIRED |
(5) Inaccurate Trip Records. With respect to all trip records submitted to TLC:
(i) The records that each Base submits for any time period in which they dispatch trips must not contain inaccuracies. For example, the date, time and location of the passenger pick-up that is required by paragraph (1) of this subdivision must be accurate. The following penalties accrue with respect to each trip that was submitted inaccurately.
35 RCNY § 59B-19(a)(5)(i) | Fine: $100 per trip record inaccuracy for the first ten inaccuracies and suspension until compliance; $500 per inaccuracy thereafter and suspension until compliance. Fine amount not to exceed $10,000. | Appearance NOT REQUIRED |
(6) With respect to all affiliated Vehicles:
(i) The Owner's name, mailing address, and home telephone number
(ii) The Vehicle's registration number
(iii) The Vehicle's License number
(iv) The Vehicle's license plate number
(v) The name of the Vehicle's insurance carrier and the policy number
(vi) The dates of inspection of the Vehicle and the outcome of each inspection
35 RCNY § 59B-19(a) | Fine: $100 if plead guilty before a hearing and suspension until compliance; $150 if found guilty following a hearing and suspension until compliance.
| Appearance NOT REQUIRED |
(b) Maintenance of Required Information.
(1) A Base Owner must make sure that all required information listed above is kept and made available for inspection by Commission representatives during regular business hours.
(2) Required operational records must be maintained at the Base for a period of 18 months; inspection records must be kept for 12 months.
35 RCNY § 59B-19(b) | Fine: $100 if plead guilty before a hearing; $150 if found guilty following a hearing. | Appearance NOT REQUIRED |
(c) Special Requirements for Street Hail Liveries – Trip Record Information.
(1) Trip Record.
(i) Trip Data must be collected and stored by the Technology System Provider (TSP) electronically, through the use of the Technology System.
(ii) If the Technology System is inoperable, a written Trip Record must be kept by the Driver during the 48-hour period the Street Hail Livery is permitted to operate after timely notification of the malfunction. (See 35 RCNY § 59B-52(c))
(iii) A written Trip Record, if required, must be kept for eighteen months.
35 RCNY § 59B-19(c)(1) | Fine: $100 | Appearance NOT REQUIRED |
(2) Written Trip Records. A written Trip Record must include the following information:
(i) The Street Hail Livery License number
(ii) The TLC Driver License number
(iii) The location where each passenger is picked up
(iv) The time each passenger is picked up
(v) The total number of passengers
(vi) The location where each passenger is dropped off
(vii) The time each passenger is dropped off
(viii) The total trip mileage
(ix) The itemized metered fare for the trip (fare, tolls, surcharge, and tip, if paid by credit or debit card)
(x) Method of payment
(xi) The trip number
(xii) Whether the trip is a Hail Trip or a Pre-Arranged Trip
(xiii) Other information required by the Commission
(xiv) For a Pre-Arranged Trip, the following information is required:
A. The time of dispatch.
B. If the dispatch was for a Pre-Arranged Trip to begin with an airport pickup.
(3) Access to Trip Record and Trip Data.
(i) Trip Data and Trip Record information must be available to the Commission (in a form and format and delivery method as specified by the Commission), the Street Hail Livery Licensee and the Street Hail Livery Driver.
(ii) Trip Data and Trip Record information must be available at the end of each shift and/or at the end of a lease or contract term.
(iii) A Street Hail Livery Base Owner must take possession of any written Trip Records weekly and hold such Trip Records for eighteen months.
35 RCNY § 59B-19(c)(3) | Fine: $100 | Appearance NOT REQUIRED |
(4) Changes and Corrections.
(i) A Street Hail Livery Base Owner must not knowingly enter false information into the electronic data system for entry onto the electronic Trip Record
(ii) A Street Hail Livery Base Owner must not make erasures or obliterate information on a written Trip Record, or other record that Owner is required to maintain.
35 RCNY § 59B-19(c)(4)(i)-(ii) | Fine: $100 | Appearance NOT REQUIRED |
(iii) If a wrong entry is made on any written Trip Record, the Driver, the Street Hail Livery Licensee or Street Hail Livery Base Owner must correct it and record the date, time, and reason for the change. This record must be kept as long as the written Trip Record must be kept.
35 RCNY § 59B-19(c)(4)(iii) | Fine: $100 | Appearance NOT REQUIRED |
(iv) Trip Records, whether electronic or paper, must not be changed either in whole or in part, unless authorized by the Commission.
35 RCNY § 59B-19(c)(4)(iv) | Fine: $100 – $350 and/or suspension up to 30 days | Appearance REQUIRED |
(Amended City Record 6/30/2016, eff. 7/30/2016; amended City Record 9/22/2016, eff. 10/22/2016; amended City Record 2/13/2017, eff. 3/15/2017; amended City Record 12/11/2018, eff. 1/10/2019; amended City Record 8/19/2019, eff. 9/18/2019; amended City Record 6/30/2021, eff. 7/30/2021; amended City Record 2/2/2023, eff. 3/4/2023)
(a) Base Name.
(1) File with Commission. A For-Hire Base Owner must file with the Commission a Base name and any public facing name it uses in its branding, operations, promotions or advertising as its trade, business or operating names.
(2) No "Substantially Similar" Names. The Chairperson can reject any such Base name or trade, business or operating name if, in the judgment of the Chairperson, such name is substantially similar to the trade, business or operating name of another Base.
(3) Only One Name and One Trade, Business, or Operating Name per Base.
(i) A Base must use only one Base name and only one trade, business or operating name in its operations, including in its public communications, advertising, promotional activities, and Passenger solicitation activities.
(ii) A Base can add words such as "premium" or "select" to its approved trade name to promote a different level of service, if the Base offers multiple levels of service.
(4) Only One Base per Name. Any trade, business or operating name approved by the Chairperson for one Base cannot be used by any other Base, unless both Bases seeking to use the same trade, business or operating name share identical Owners.
35 RCNY § 59B-20(a) | Fine: $100 | Appearance NOT REQUIRED |
(b) Mailing and Email Address.
(1) A For-Hire Base Owner must file the address of its Base with the Commission.
(2) A For-Hire Base Owner must have a working Email Address at all times.
(3) A For-Hire Base Owner must report any change of Mailing Address or Email Address to the Commission in person or by mail within ten days.
35 RCNY § 59B-20(b)(1)-(3) | Fine: $100 | Appearance NOT REQUIRED |
(4) Any communication from the Commission is sufficient if sent to the last Mailing Address provided by the For-Hire Base Owner.
(5) Any communication from the Commission, except notices and summonses for which the manner of service is specified in 35 RCNY § 68-05, is sufficient if sent by email to the last Email Address provided by the For-Hire Base Owner.
(c) Capacity for 24-Hour Access.
(1) A For-Hire Base Owner must maintain a current telephone number on file with the Commission.
(2) This number must be connected to an answering machine or must be a pager number, an answering service telephone number, or something similar that allows the Commission to reach the Base Owner on a 24-hour basis.
35 RCNY § 59B-20(c) | Fine: $100 | Appearance NOT REQUIRED |
(Amended City Record 6/29/2015, eff. 7/29/2015)
(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)
(a) TSP Required. Every Street Hail Livery must be equipped with a Technology System.
(b) Trip Data Collection and Transmission.
(1) All Trip Data must be transmitted to the Commission in a form and format and delivery method as specified by the Commission.
(2) To the extent necessary to facilitate data transfer, the Commission may mandate that each Street Hail Livery be equipped with external antennas.
(3) No equipment designed to comply with the provisions of this section may be installed unless it has been approved by the Commission based on a determination that the equipment conforms to the specifications set herein, is safe, and fulfills the intended purposes for such equipment.
35 RCNY § 59B-22(b)(1)-(3) | Fine: $500 | Appearance NOT REQUIRED |
(Amended City Record 8/19/2019, eff. 9/18/2019; amended City Record 2/2/2023, eff. 3/4/2023)
(a) Rates Must Not Exceed Scheduled Rates. A Base Owner must not quote or charge a fare that is more than the fare listed in the Rate Schedule filed with the Commission.
35 RCNY § 59B-23(a) | Fine: $200 for Passenger overcharge, whether from any quote or from schedule of fares required to be filed with the Commission. | Appearance NOT REQUIRED |
(b) Rate Quotes – Livery Base Only.
(1) Each time a prospective Passenger contacts a Base for transportation, regardless of the means by which the Passenger contacts the Base, the Base Station Owner must ask the Passenger to specify a destination and any intermediate stop(s). If the Passenger specifies a destination and any intermediate stop(s), the Base Station Owner must provide the prospective Passenger with an accurate and binding price quote for travel to the specified destination and any intermediate stop(s). If the Passenger does not specify a destination and any intermediate stop(s), the Base Station Owner must then provide the Passenger with an accurate and binding statement of how the fare is to be calculated, which can be by time, mileage, zones, or other means.
(2) Disclosure. For requests for transportation made by means other than a telephone call, the Base Station Owner must ask the Passenger to specify a destination and any intermediate stop(s), and must prominently disclose in writing to the Passenger, as the Passenger books the trip, that the Passenger will receive an accurate and binding price quote for the trip upon entering his or her destination.
(3) Honoring Rate Quotes. If the Passenger agrees to receive the transportation, the Base Owner must honor the price quoted unless the Passenger changes the date, time, or location of the pick up; the destination or number of stops; or the vehicle type requested, if any.
35 RCNY § 59B-23(b) | Fine: $75 if plead guilty before a hearing; $100 if found guilty following a hearing. | Appearance NOT REQUIRED |
(c) Special Rule for Street Hail Liveries. Fares for Hail Trips in Street Hail Liveries will be as set forth in 35 RCNY § 82-26.
(d) Transportation by Pre-Arrangement Only.
(1) A Base Owner must be responsible for ensuring that transportation is provided only by pre-arrangement through the Base.
(2) A Base Owner must ensure that a For-Hire Vehicle does not accept passengers except by pre-arrangement through the base. Exception: A Street Hail Livery affiliated with a Street Hail Livery Base can provide transportation by accepting hails from passengers in the street in the Hail Zone.
(3) A Base Owner is responsible and can be issued a summons if Vehicles improperly accept Passenger. A Base Owner's liability will be based on a three month weighted average of total vehicles affiliated with the Base. It will be a defense to any summons issued under this rule that the Base can demonstrate an average of ten Pre-Arranged Trips per affiliated vehicle per day.
(e) (1) A Street Hail Livery Base Owner must ensure that no Street Hail Livery affiliated with the Street Hail Livery Base, or any other Vehicle affiliated with the Street Hail Livery Base, will provide transportation by accepting hails from passengers in the Hail Exclusionary Zone.
(2) A Street Hail Livery Base Owner is responsible and can be issued a summons if Vehicles improperly accept Passengers. A Street Hail Livery Base Owner's liability will be based on a three month weighted average of total vehicles affiliated with the Street Hail Livery Base. It will be a defense to any summons issued under this rule that the Base can demonstrate an average of ten Pre-Arranged Trips per affiliated vehicle per day.
(f) A Street Hail Livery Base Owner must not dispatch a Street Hail Livery for a Pre-Arranged Trip beginning in the Pre-Arranged Exclusionary Zone.
35 RCNY § 59B-23(f) | Fine: $500 | Appearance NOT REQUIRED |
(g) For Black Car Bases, Luxury Limousine Bases, and High-Volume For-Hire Services: Fare Estimates. Each time a prospective Passenger contacts a Base for transportation, regardless of the means by which the Passenger contacts the Base, the Base must provide, upon request, an estimate of the total fare in dollars and cents, inclusive of all fees and any price multiplier, for the specific trip requested, prior to dispatching the trip, subject to the following requirements:
(1) Each Passenger requesting service must be notified of the passenger's right to receive a fare estimate.
(2) A Base must ask any Passenger requesting a fare estimate to specify a destination.
(3) The fare estimate may be expressed in a range in dollar and cents, provided that the higher price in such range shall not be more than 150 percent of the lower price in such range.
(4) A Base may not charge a Passenger a fare that is more than 120 percent of the fare estimate unless the Passenger takes any action to alter the estimated route, including, but not limited to, changing the location of the pick-up, destination, number of stops, or the vehicle type requested, or requests a route change requiring the payment of a toll.
(5) If the fare estimate is expressed in a range, a Base may not charge the Passenger more than 120 percent of the highest price included in that range.
(6) The provisions of this subdivision shall not apply to Black Car Bases while providing line work, as that term is defined in § 19-545 of the Administrative Code.
(7) Affirmative Defense. A Base can offer an affirmative defense to a summons issued under paragraphs (3) or (4) of this subdivision if the Base can demonstrate that the Base reimbursed the Passenger the portion of the fare charged that exceeded 120 percent of the given fare estimate within 10 business days of receiving a request for reimbursement from the Passenger.
35 RCNY § 59B-23(g) | Fine: $500 | Appearance NOT REQUIRED |
(h) Tips and Gratuities. A Base Owner must provide a means to allow passengers to tip Drivers using the same method of payment that passengers use to pay for the fare. A Base Owner must remit to the Driver the entirety of anything designated as a tip or gratuity collected by the Base Owner from a customer on behalf of the Driver.
35 RCNY § 59B-23(h) | Fine: $500 | Appearance NOT REQUIRED |
(Amended City Record 6/29/2015, eff. 7/29/2015; amended City Record 7/7/2016, eff. 8/6/2016; amended City Record 7/20/2017, eff. 8/19/2017; amended City Record 12/9/2020, eff. 1/8/2021; amended City Record 6/30/2021, eff. 7/30/2021)
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