(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)